Agenda Item B.10
CPMS CONSENT CALENDAR
Meeting Date: July 18, 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 Mathilda Park
RECOMMENDATION:
Authorize the City Manager to execute a purchase agreement with Play and Park Structures, Inc . for new playground equipment at Mathilda Park for a not -to-exceed amount of $63,897.30.
BACKGROUND:
In 2019, the renovation of Mathilda Park was identified in the City of Goleta’s Capital Improvement Project (CIP) List as CIP #9113. The park had experienced significant drainage challenges at the east side of the playground. Once the project was identified, staff secured funding through an application process with the California Department of State Park Office of Grants and Local Services (OGALS), Community Development Block Grant Funds (CDBG), and some from the General Fund.
The project includes replacement of the playground, defined turf space, drought tolerant plant materials and adjustments to the alignment of the walkway to meet the Americans with Disabilities Act (ADA) guidelines and requirements. A contract was executed with RRM Design to develop the construction documents and those are currently at 95% of completion.
DISCUSSION:
This project has had some challenges that staff has been working through, which has delayed the progress of the construction documents . Upon incorporation, the City assumed Mathilda Park from the County of Santa Barbara, but the parcel does not have its own Assessor Parcel Number (APN) and is classified cu rrently as public right of way.
Staff has been working with a consultant firm specializing in engineering and surveying (MNS) to resolve this issue, as a deed restriction to keep the park as a public park for 30 years is a requirement of the funding received by the State.
1 Meeting Date: July 18, 2023
Staff recently received permission from the State of California to move forward with the construction phase of the project, while continuing to address the need to acquire an APN for this park parcel.
The construction documents are anticipated to be completed by the end of July, coming before the City Council for approval in August of this year. In an effort to ensure that equipment is secured at the lowest possible price, staff recommend purchasing the equipment now through a purchasing contract.
The selected playground was chosen by the Parks and Recreation Commission at their August meeting in 2022. At the time, the discussion was to include the playground as a bid alternate but as the park went through a very wet winter, it is anticipated that the playground will not have the opportunity to be restored and replacement will be necessary. Considering recent projects bidding the alternates at significant cost escalation, staff is recommending purchasing the playground in advance. The construction documents will require the contractor to coordinate with the vendor on delivery and be required to install th e unit. The surfacing material and installation is not included in this purchasing agreement. The cost of the playground unit is $63,897.30.
Attachment 1 to this staff report is the purchasing agreement and Attachment 2 is the rendering of the playground equipment.
GOLETA STRATEGIC PLAN:
The purchase of the playground equipment at Mathilda Park achieves the following initiatives and goals in the City’s Strategic Plan:
City-Wide Initiative: 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:
No additional appropriation is needed to purchase the playground equipment at Mathilda Park. The funding sources and amounts for this purchase is summarize in the table below.
Community Garden and Mathilda Park Improvements, FY 2022/23 Carryover Account Fund Type FY 23/24
Current Budget
Recommended
Appropriation
Budget
Balance
402-90-9113-57070 CDBG $132,331 0 $132,331
301-90-9113-57070 State
Grant
$177,952 0 $177,952
101-90-9113-57070 General
Fund
$199,698 0 $199,698
Note: FY 23/24 current budget represents pending FY 22/23 carryover budget. 2 Meeting Date: July 18, 2023
ALTERNATIVES:
City Council may choose not to purchase the equipment, which would require the playground be included in the construction bid documents, likely resulting in contractor mark ups and potential equipment procurement delays.
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. Mathilda Park Playground Image
3 ATTACHMENT 1
Purchase Agreement Between the City of Goleta and Play and Park Structures
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 18th day of July, 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 playground structure for Mathilda Park for 5-12 year olds; and
2. Vendor represents that it is sufficiently experienced and capable of providing the equipment that is the subject of this agreement and is 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; and
4. The City Council, on this 18th day of July, 2023, 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 Mathilda Park Improvement Project (CIP 9113) Equipment shall generally include a playground designed for children 5-12 years old 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 ot herwise 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: 8EBEDFDC-6CE5-4F1B-AB63-A1D158DD8C8B 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 b etween 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 A greement, 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 deli vered 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 Sixty-three thousand, eight hundred and nin ety-seven dollars and thirty cents ($63,897.30). Notwithstanding the prices set forth in the Purchase Agreement the City shall receive the benefit of any general reduction in the price of any i tem(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 the reof upon ten (10) days’ notice in writing to Vendor for the following reasons:
DocuSign Envelope ID: 8EBEDFDC-6CE5-4F1B-AB63-A1D158DD8C8B 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 be 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 o f the other 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 Ve ndor 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 Agreement 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 s uch change. Price increase s 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 righ t to in spect and approve or reject any materials, supplies, services and/or installations upon arrival of notice of completion prior to payment without regard to the manner of shipment, DocuSign Envelope ID: 8EBEDFDC-6CE5-4F1B-AB63-A1D158DD8C8B 7 City of Goleta
Neighborhood Services agreement with Play and Park Structures
completion, or any shipping or price terms contained in this Purchase Agreement. All materials, s upplies, 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 a ll expenses o f unpacking, e xamining, 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 sp ecified, 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 conf orm to any affirmation of f acts 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 within the rules and reg ulations 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 Hazardous 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 (includ ing reasonable 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.
f) Have good marketable title.
DocuSign Envelope ID: 8EBEDFDC-6CE5-4F1B-AB63-A1D158DD8C8B 8 City of Goleta
Neighborhood Services agreement with Play and Park Structures
g) All Warranties to be provided u nder 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 provi de 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 City. 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 Agreement if such delay exceeds thirty (30) days from the original delivery DocuSign Envelope ID: 8EBEDFDC-6CE5-4F1B-AB63-A1D158DD8C8B 9 City of Goleta
Neighborhood Services agreement with Play and Park Structures
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 a gent or factor, it shall di sclose 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 eve nt 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 sh all protect, d efend, 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 , lic enses, 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: 8EBEDFDC-6CE5-4F1B-AB63-A1D158DD8C8B 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 v enturers, insur ance 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 co urt o f 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 h ave 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.
DocuSign Envelope ID: 8EBEDFDC-6CE5-4F1B-AB63-A1D158DD8C8B 11 City of Goleta
Neighborhood Services agreement with Play and Park Structures
26. FEDERAL REQUIREMENTS
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 Lindsay 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: 8EBEDFDC-6CE5-4F1B-AB63-A1D158DD8C8B 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:
Mathilda Park
City of Goleta
Attn: Joanne Plummer
130 Cremona Drive
Suite B
Goleta, CA 93117
Quote Number: 821 -146018A
Quote Date: 5/31/2023
Stock ID Description Quantity Weight Unit Price Amount
71031 RING CLAMP ASSEMBLY 38 67.64 $0.00 $0.00
68223 HYBRID LARGE CLIMING WALL 1 211 $4,342.00 $4,342.00 71300 VERT ACCESS LADDER 4'-0" 1 65 $1,459.00 $1,459.00 71000 SQUARE DECK 2 238 $2,283.00 $4,566.00
68212 STRATASCEND WALL W/CLIMB 1 213 $4,002.00 $4,002.00 68203 OVERHEAD W/ROUNDS 1 71 $1,855.00 $1,855.00
68209 SAIL WALL W/BUTTON STEP 1 175 $7,484.00 $7,484.00 71677 EXIT SECTION 3 138 $832.00 $2,496.00
71676 CURVE RIGHT SECTION 2 92 $1,199.00 $2,398.00
71678 SLIDE SUPPORT 3 39 $230.00 $690.00
71715 2'STRAIGHT SECTION 2 92 $711.00 $1,422.00
71675 CURVE LEFT SECTION 2 92 $1,199.00 $2,398.00
71718 TRIPLE SLIDE HOOD CASCADE 1 387 $4,328.00 $4,328.00 61117 RETURN STEP 1 52 $945.00 $945.00
61384 SQUARE ROOF FABRIC SHADE 1 1097 $15,088.00 $15,088.00 71968 Shop Panel 1 94 $1,777.00 $1,777.00
71757 Gear Panel - SM 1 62 $1,591.00 $1,591.00
60061 SMALL KICKPLATE-8"SPACE 3 30 $263.00 $789.00
71249 BENCH SEAT 1 27 $719.00 $719.00
71750 Maze Panel - SM 1 51 $1,763.00 $1,763.00
71748 Buzz Game Panel - SM 1 55 $3,875.00 $3,875.00
71019 TELESCOPE PANEL 1 46 $1,469.00 $1,469.00
71754 DOUBLE PINNACLE CLIMBER 1 167 $4,141.00 $4,141.00 71001 TRIANGLE DECK 2 128 $1,546.00 $3,092.00
71104 INCLINE WALL CLIMBER 4' -0 1 128 $3,252.00 $3,252.00 71008 TRANSFER W/HANDHOLD 4'-0" 1 336 $4,709.00 $4,709.00 60948 5"OD ALUM UPR 11' W/CAP 1 32 $627.00 $627.00
60060 5"OD ALUM UPR 12'W/CAP 2 70 $658.00 $1,316.00
G60041 13'POST W/O CAP GALV 3 294 $673.00 $2,019.00
60059 5"OD ALUM UPR 10'W/CAP 2 60 $592.00 $1,184.00
60946 5"OD ALUM UPR 15' W/CAP 2 86 $832.00 $1,664.00
OMNIA OMNIA DISCOUNT 1 0 ($35,234.80) ($35,234.80)
- -
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: 4695.64 SubTotal: $52,225.20
Freight: $7,624.65
Tax: $4,047.45
Total Amount:$63,897.30
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
EXHIBIT A
13 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 Acceptance of quotation:
Accepted By (printed): P.O. No:
Signature: Date:
Title: Phone:
Purchase Amount: $63,897.30 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
Mathilda Park Playground Image
16 6
Attachment 2 - Mathilda Park Playground
17