Agenda Item A.19
CPMS CONSENT CALENDAR
Meeting Date: June 20, 2023
____________________________________________________________ TO: Mayor and Councilmembers
FROM: Jaime A. Valdez, Neighborhood Services Director
CONTACT: JoAnne Plummer, Parks & Recreation Manager
SUBJECT: Purchase of New Play Equipment at Armitos Park RECOMMENDATION:
A. Authorize the City Manager to execute a purchase agreement with Play and Park Structures, Inc. for new playground equipment at Armitos Park; and B. Authorize an appropriation of $76,256.50 in Park Development Impact Fees to 221 - 90-9084-57070 (CIP 9084) for the purchase of a new playground for Armitos Park.
BACKGROUND:
On October 2, 2019, staff presented the Community Garden Draft Conceptual Plan at Armitos Park to the Parks and Recreation Commission for consideration and input.
During that meeting, staff communicated that the intention was to expand the play area and maintain the existing playground equipment at Armitos Park. Refurbishment of the equipment was the recommendation in 2019, given the condition of the equipment and associated costs for replacement at that time. During the pandemic, this playground experienced a rise in use and significant amount of abuse, leading to the consideration of a bid alternate for equipment replacement.
In November of 2022, the City Council authorized staff to advertise for construction of the Community Garden, San Jose Creek Multipurpose Path, and Armitos Park Improvements (CIP No. 9084). A portion of that project is an expansion of the play features and playground area, adding swings, musical instruments, and sand play features. The base bid included the refurbishment of the existing play ground with a bid alternate of a larger playground installed in lieu of the refurbished bid item.
On March 21, 2023, the City Council awarded the construction contract to JJ Fisher Construction Inc . as the lowest, qualified bidder. The base bids were high er than anticipated, and the proposed bid alternate was $256,500. At the time of award, staff did not recommend the bid alternate, but had communicated to the City Council that alternative opportunities to replacing the playground would be explored. 1 Meeting Date: June 20, 2023
DISCUSSION:
Upon contract execution, the construction management team requested a cost from the contractor to install the playground equipment if it were provided by the city. The cost for installation is $38,155. Staff then reached out directly to the vendor to explore the opportunity to purchase the equipment through a cooperative purchasing agreement (Attachment 1). If the City is to purchase the equipment through a purchasing agreement using a public sector cooperative contract process , the cost for the equipment is $76,256.50. This is a cost savings of $142,088.50. The only additional appropriation needed will be the cost to purchase the equipment, as the installation costs will be absorbed with the contingency in the construction contract. The cost of the playground surfacing was included in the existing construction contract. The net cost to the contingency is only $27,130 after the credit for the contractor not to refurbish the existing playground.
The proposed new equipment list is included as Exhibit A in the agreement (Attachment 1). An illustration of the proposed new equipment is included in this report as Attachment
2. In the illustration, the identified equipment will allow Armitos Park to be a Nationa l Demonstration Site for Nature Grounds and Play On Promoting Physical Activity. The association to the Community Garden and some of the features in the equipment related to nature provides the Nature Grounds Certification. Once the proposed playground is combined with the added swings, music and sand play amenities, this park will meet all of the necessary components of play, which include: swinging, climbing, spinning, sliding, balance and brachiating (such as monkey bars).
GOLETA STRATEGIC PLAN:
This project furthers the City’s Strategic Plan as follows:
City-Wide Strategy: Support Community Vitality and Enhanced Recreational Opportunities
Strategic Goal: Support programs that enhance quality of life in the Goleta community such as recreation, public safety, human services, and cultural arts.
FISCAL IMPACTS:
The purchase agreement with Play and Park Structures, Inc. for new playground equipment at Armitos Park requires an appropriation of $76,256.50 from Park Development Impact Fees to 221-90-9084-57070 (CIP 9084) as shown in the below:
Community Garden and Armitos Park Improvements, FY 2022/23 Account Fund
Type
FY 22/23
Current
Budget
YTD + Enc. Requested
Appropriation
Total
Available
Budget
221-90-
9084-
57071
Park DIF $1,904,010 $1,904,010 $76,257 $76,257
2 Meeting Date: June 20, 2023
ALTERNATIVES:
The City Council may choose not to purchase the equipment, which would result in no change to the construction contract and the existing playground being refurbished and not replaced.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Purchase Agreement Between the City of Goleta and Play and Park Structures
2. Armitos Park Playground Image
3 Attachment 1
Equipment Purchasing Agreement for Armitos Park
Playground
4 City of Goleta
Neighborhood Services agreement with Play and Park Structures
PURCHASE AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
PLAY AND PARK STRUCTURES
THIS PURCHASE AGREEMENT (“Agreement”) made and entered into this 20th day of June, 2023, by and between the CITY OF GOLETA , a municipal corporation (herein referred to as "City"), and PLAY AND PARK STRUCTURES, (herein referred to as "Vendor").
SECTION A. RECITALS
1. City has a need to purchase a new 5-12 year old playground structure for Armitos Park;
2. Vendor represents that it is sufficiently experienced and capable of providing the equipment that is the subject of this agreement and are sufficiently familiar with the needs of the City; and
3. The City procured the equipment in compliance with Goleta Municipal Code Section 3.05.080;
4. The City Council, on this 20th day of June, 20 23, approved this Agreement and authorized the City Manager to execute this Agreement.
SECTION B. TERMS
1. DESCRIPTION OF EQUIPMENT
The equipment to be purchased is described as follows:
The playground is in conjunction with Armitos Park Community Garden and Park Improvement Project (CIP 9084) Equipment shall generally include a playground designed for 5 -12 year olds to include slides, climbers, connectivity elements and all of the necessary components and hardware necessary , as more particularly set forth in the List of Equipment, attached as Exhibit “A,” and incorporated herein. Vendor shall deliver to City the deliverables defined in Exhibit “A”.
2. ACCEPTANCE/AGREEMENT
City of Goleta reserves the right to reject any and all quotations, to waive any inform alities, and, unless otherwise specified by Vendor, to accept any item in a quotation. By signing this Purchase Agreement , Vendor agrees to the terms and conditions herein which shall prevail over any inconsistent provision in any form or other paper subm itted by Vendor. All DocuSign Envelope ID: 285AB69C-EEBF-48CA-A5D0-6226403948E2 Attachment 1
5 City of Goleta
Neighborhood Services agreement with Play and Park Structures
shipments or services performed shall be deemed to have been made pursuant hereto. No other terms are acceptable. This Purchase Agreement, including all specifications and drawings, bid documents including exhibits, shall constitute the entire agreement between the parties unless modified in writing by the City.
3. CITY’S PROPERTY
Vendor agrees that the information, tools, jigs, dies, or materials, and drawings, patterns, and specification supplied or paid for by the City shall be and remains City’s property and shall be held by Vendor for the City unless directed otherwise. Vendor shall account for such items and keep them protected, insured, and in good working conditions without expense to the City.
4. DELIVERY
The terms of deliv ery are (56 calendar days). Deliveries shall be free on board (FOB) and Vendor shall identify with City staff where equipment is to be delivered. The obligation of Vendor to meet the delivery dates, specifications, and quantities set forth herein is of th e essence of this Purchase Agreement , no boxing, packing, or cartage charge will be allowed. D eliveries are to be made both in quantities and at times specified herein or, if not, such quantities and times are specified pursuant to the City’s written instr uction. Items not delivered may be canceled without penalty to the City. Shipments in greater or lesser quantity than ordered may be returned at Vendor’s expense unless written authorization is issued by the City.
5. PRICES
The total price for equipment identified in Exhibit A shall not exceed the sum of Seventy-six thousand, two hundred fifty -six dollars and fifty cents. $76,256.50. Notwithstanding the prices set forth in the Purchase Agreement the City shall receive the benefit of any general reduction in the price of any item(s) listed herein which may be made by Vendor at any time prior to the last delivery of goods or services covered by this Purchase Agreement.
6. TERMINATION
The City shall have the right to terminate this Purchase Agreement or any part thereof upon ten (10) days notice in writing to Vendor for the following reasons:
DocuSign Envelope ID: 285AB69C-EEBF-48CA-A5D0-6226403948E2 6 City of Goleta
Neighborhood Services agreement with Play and Park Structures
a) Without Cause. The City may terminate all or any part of this Purchase Agreement without cause. Any claim by Vendor for damages due to termination without cause must b e submitted to the City within thirty (30) days after effective date of termination.
b) For Cause. If Vendor fails to make any delivery in accordance with the agreed delivery date, delivery schedule, or otherwise fails to observe or comply with any of the o ther instructions, terms, conditions or warranties applicable to this Purchase Agreement, the City may, in addition to any other right or remedy provided by this Purchase Agreement or by law, terminate all or any part of this Purchase Agreement in writing without any liability of the City with respect to Vendor at any time during the term of this Purchase Agreement In the event of termination for cause, the City may purchase supplies or services elsewhere on such terms or in such manner as the City may deem appropriate and Vendor shall be liable to the City for any cost and other expenses incurred by the City which is charged to the City.
7. CITY PROJECT MANAGER
The equipment to be purchased by Vendor shall be accomplished under the general direction of the City’s "Project Manager", as that staff person is designated by City from time to time, and who presently is JoAnne Plummer, Parks and Recreation Manager . Project Manager shall have the authority to act on behalf of the City in administering this Agreeme nt but shall not be authorized to increase the not to exceed amount Agreement.
8. CHANGES
The City shall have the right at any time by written notice via Purchase Agreement Change Order to Vendor to make changes in the specifications, the quantity of items called for, delivery schedules, and requirements covering testing, packaging, or destination. Any claim by Vendor for adjustment under this clause shall be deemed waived unless made in writing within (10) days after receipt by Vendor of notice of such change. Price increases or extensions of time for delivery shall not be binding on the City unless evidenced by a Purchase Agreement Change Order issued by the City’s Purchasing Officer.
9. INSPECTION
The City shall have the right to in spect and approve or reject any materials, supplies, services and/or installations upon arrival of notice of DocuSign Envelope ID: 285AB69C-EEBF-48CA-A5D0-6226403948E2 7 City of Goleta
Neighborhood Services agreement with Play and Park Structures
completion prior to payment without regard to the manner of shipment, completion, or any shipping or price terms contained in this Purchase Agreement. All materials, supplies, services and/or installations must be furnished as specified.
a) Defective, damaged, and nonconforming materials and/or supplies may be returned for credit or refund, at Vendor’s expense. The City may charge Vendor for all expe nses of unpacking, examining, repacking and reshipping of such materials and/or supplies.
b) Defective, incorrect and nonconforming services and/or installations may be returned for credit or refund, at Vendor’s expense. All of the above notwithstanding prior payment by the City.
10. WARRANTY
Vendor expressly warrants that all materials, supplies, services and/or installations covered by this Purchase Agreement shall:
a) Conform to the specifications, drawings, samples, or other descriptions specified by the City or if none are so specified, to Vendor’s standard specification;
b) Be new and unless specified to the contrary on the face hereof, will be free from defects in material and workmanship and will be free of all liens and encumbrances and will conform to any affirmation of facts made on the container or label;
c) Be adequately contained, packaged, marked, labeled and/or provided in compliance with all applicable federal and state laws and regulations (including materials deemed hazardous);
d) Be performed with in the rules and regulations of the Occupational Safety and Health Act of 1970 (as amended);
e) Be produced or transferred or disposed of as required by federal and state laws and regulation under the conditions of the Toxic Substances Control Act; the Hazar dous Materials Control and Hazardous Waste Regulations; and other toxic laws and programs. Vendor further expressly agrees to protect, indemnify, and hold harmless the City, its employees and agents for any loss, damage, fine, liability, fee (including rea sonable charges and fees) or expense arising in connection with or resulting from Vendor’s failure to furnish materials or supplies or perform services that conform with any warranty contained herein.
DocuSign Envelope ID: 285AB69C-EEBF-48CA-A5D0-6226403948E2 8 City of Goleta
Neighborhood Services agreement with Play and Park Structures
f) Have good marketable title.
g) All Warranties to be prov ided under this Purchase Agreement shall be manufacturers’ warranties.
11. GOVERNING LAW
This Purchase Agreement shall be governed by the laws of the State of California.
12. INDEPENDENT CONTRACTOR, INSURANCE
Vendor shall, at V endor’s sole cost and expense , maintain and provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A - or better, Class VII or better, or as otherwise approved by C ity. Liability insurance policies required to be provided by Vendor hereunder shall be endorsed to adequately protect the City against such damage, liabilities, claims, losses, and expenses (including attorneys’ fees).
Insurance shall include the following (or broader) coverage:
Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate.
13. EQUAL OPPORTUNITY CLAUSE
Vendor shall comply with all federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination, because of race, color, national origin, religion, age, sex or handicap.
14. FORCE MAJEURE
The City may delay delivery or acceptance occasioned by causes beyond its control. Vendor shall hold such materials, supplies, services and or installations at the direction of the City and sha ll deliver them when the cause affecting the del ay has been removed. The City shall be responsible only for Vendor’s direct additional costs in holding the goods or delaying performance of this Purchase Agreement at the City’s request. Vendor shall also be excused if delivery is delayed by unforeseen events beyond its reasonable control, provided Vendor notifies the City as soon as they occur. The City may cancel this Purchase DocuSign Envelope ID: 285AB69C-EEBF-48CA-A5D0-6226403948E2 9 City of Goleta
Neighborhood Services agreement with Play and Park Structures
Agreement if such delay exceeds thirty (30) days from the original delivery date. Vendor shall use its best efforts to grant preference to this Purchase Agreement over those of other customers which were placed after this Purchase Agreement.
15. CITY OF AGENT OR FACTOR
Vendor represents that, whenever it executes this Purchase Agreement on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or factor relationship to the City. Vendor shall be deemed to have the legal authority to enter into this Purchase Agreement with the City on behalf of the third party.
16. INTERPRETATION OF CONTRACT DOCUMENTS
In the event of a conflict between the terms of this Purchase Agreement and the attached specification with respect to any obligation of Vendor, the provision which impose the greater obligations upon Vendor shall prevail.
17. INDEMNIFICATION
Vendor shall protect, defend, indemnify , and hold the City harmless against all damages, liability, claims, losses and expenses (including attorney’s fees) arising out of, or resulting in any way from Vendor’s negligence (including supplying defective products) in providing the goods or services purchased hereunder or from any act or omission of Vendor, its agents, employees, or subcontractors.
18. PERMITS AND LICENSES
Vendor, at its sole expense, shall obtain and maintain during the term of this A greement, all appropriate permits, licenses, and certificates , including a CITY business license, that may be required in connection with the performance of services under this Agreement.
19. MODIFICATION OF AGREEMENT
The tasks described in this Agreement and all other t erms of this Agreement may be modified only upon mutual written consent of City and Vendor.
20. USE OF THE TERM “CITY”
Reference to “C ity” in this Agreement includes City Manager or any authorized representative acting on behalf of City.
DocuSign Envelope ID: 285AB69C-EEBF-48CA-A5D0-6226403948E2 10 City of Goleta
Neighborhood Services agreement with Play and Park Structures
21. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, pa rtners, joi nt venturers, insurance carriers and any others who may claim through it to this Agreement.
22. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Vendor’s proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
23. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
24. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO VENDOR: Play and Park Structures
544 Chestnut St
Chattanooga, TN 37402
25. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
26. FEDERAL REQUIREMENTS
DocuSign Envelope ID: 285AB69C-EEBF-48CA-A5D0-6226403948E2 11 City of Goleta
Neighborhood Services agreement with Play and Park Structures
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions.
With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
In concurrence and witness whereof , this Agreement has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA VENDOR
__________________________ _______________________
Robert Nisbet, City Manager Lindsey Hill, Vice President Play and Park Structure
ATTEST:
_____________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: 285AB69C-EEBF-48CA-A5D0-6226403948E2 12 Play & Park Structures of Central
Coast CA
2390 C #170 Los Posas Rd.
Camarillo, CA, 93010
Phone: 661-964-7626
Fax:
Email:
[email protected]
Contact:
Armitos Community Garden Park
City of Goleta
Attn: Joanne Plummer
Armitos Ave & S Kellogg Ave
Goleta, CA 93117
Quote Number: 821 -158087
Quote Date: 5/26/2023
Stock ID Description Quantity Weight Unit Price Amount
RDU CUSTOM DURAMAX 5-12 STRUCTURE 1 5758.819 $111,159.00 $111,159.00 71878 -- LARGE ALPINE CLIMBER 2
71879 -- SMALL ALPINE CLIMBER 3
69251 -- 6'-0"ZIP STEP CLIMBER 1
62376 -- CLIFF CLIMBER 8'-0" 1
62114 -- TWISTER 1
69386 -- BEANSTALK CLIMBER 8'-0" 1
69529 -- HALF HEX SLAT ROOF 1
69304 -- HEX DECK 1
62345 -- RETURN STEP 1
62412 -- HAND PEDALER 1
62229 -- ADA SPIN AND WIN PANEL 1
62095 -- SEAT FOR TWO & TABLE 1
62032 -- STORE PANEL 1
62076 -- BALCONY DECK W/PLAYWHEEL 1
69503 -- WALK'N AROUND FUNNEL CHUNNEL
ATTACH 1
62182 -- LOOP CLIMBER 1
69330 -- 4'LEFT CURVED VELOCITY 1
62350 -- TRIANGLE TRANSFER 4'-0" 1
63981 -- 'S'TUNNEL SLIDE 8'-0" 1
62130 -- 6'-0"HURRICANE SLIDE 1
69148 -- DECK TO DECK STAIR 4'-0" 1
63973 -- ENTRY ARCHWAY 4
69480 -- BONGOS 1
69513 -- PLAYSHELL LINK 1'-4" - 4'-0" 1
69527 -- SQUARE SLAT ROOF 2
69303 -- TRIANGLE DECK 2
63745 -- ARCH BDG W/PIPE WALL -72" 1
69302 -- SQUARE DECK 2
62243 -- LEG LIFT 1
60919 -- ZIG ZAG ADAPTER 7
63310 -- 3.5"OD ALUM POST W/CAP13' 3
63308 -- 3.5"OD ALUM POST W/CAP11' 11
62007 -- 3.5"ALUM UPR 10'W/CAP 2
62021 -- 3.5" ALUM UPR 8'W/CAP 2
63303 -- 3.5"OD ALUM POST W/CAP 6' 1
63312 -- 3.5"OD ALUM POST W/CAP15' 5
65196 SWIZZLER 2 342 $2,999.00 $5,998.00
11009B PLAYPOD PEDESTAL 6" 1 29 $311.00 $311.00
11010B PLAYPOD PEDESTAL 12" 1 33 $320.00 $320.00
11011B PLAYPOD PEDESTAL 18" 1 36 $345.00 $345.00
65130 LEAF HOP 1 181 $4,395.00 $4,395.00
Pricing per National IPA / OMNIA Partners Public Sector Contract #R220202. Please reference contract number on your purchase order made out to Play and Park Structures.
Total Weight: 6379.819 SubTotal: $122,528.00
Discount: $60,824.80
Freight: $9,771.30
Tax: $4,782.00
EXHIBIT A
13 Total Amount:$76,256.50
THIS QUOTATION IS SUBJECT TO POLICIES IN THE CURRENT PLAY & PARK STRUCTURES CATALOG AND THE FOLLOWING TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO PLAY & PARK STRUCTURES, C/O Play & Park Structures of Central Coast CA.
Pricing: f.o.b. factory, firm for 30 days from date of quotation.
Freight charges: Prepaid & added
Submittals: our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may exist between our quotation and the project design, the differences do not materially affect the intended use. Play & Park Structures designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents for the project and shall take precedence over all other requirements.
Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off -loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions.
14 PPS is not responsible for Permits, Fees, Engineering, unidentified utilities. extremely rocky or hard soils, Dewatering, disposal of hazardous materials, landscaping or irrigation. Price does not include unloading and receiving, security, fencing and portable restroom.
Acceptance of quotation:
Accepted By (printed): P.O. No:
Signature: Date:
Title: Phone:
Purchase Amount: $76,256.50 E-mail:
Order Information
Bill to: Ship to:
Company: Company:
Attn: Attn:
Address: Address:
City/State/Zip: City/State/Zip:
Billing Contact: Jobsite Contact:
Billing Phone: Jobsite Phone:
Billing Fax: Jobsite Fax:
Enter desired color palette name: OR
Enter desired color: Uprights ( ) Decks ( )
Accents ( ) Roofs/Tubes ( ) Slides/Panels ( )
Play & Park Structures of Central Coast CA
By:
Salesperson's signature
Salesman's Signature Customer's Signature
15 Attachment 2
Armitos Park Playground Image
16 ATTACHMENT 2
17