RESOLUTION R2023-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, (1) AUTHORIZING THE PARKS AND RECREATION SERVICES DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH LANDSCAPE STRUCTURES, INC., FOR THE PARK PLAYGROUND AND AMENITY IMPROVEMENT PROJECT, WHICH INCLUDES THE REPLACEMENT OF PLAYGROUND EQUIPMENT AND PARK INFRASTRUCTURE FOR MULTIPLE PARK SITES, INCLUDING ABRUZZINI PARK, CENTURY OAKS PARK, LAKE PARK, SPRINGWOOD PARK, VINE HILL PARK, AND VINEYARD PARK, AND ASSOCIATED CONCRETE WORK IN AN AMOUNT NOT TO EXCEED $1,374,778; (2) DETERMINING THAT THE EXCEPTIONS FOR PROCUREMENT VIA EXISTING CONTRACTS OF OTHER PUBLIC AGENCIES AND FOR SPECIALTY ITEMS IN NAPA MUNICIPAL CODE SECTIONS 2.91.060 AND 2.91.050 APPLY TO THE AGREEMENT; AND (3) DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTION ARE EXEMPT FROM CEQA.
WHEREAS, the City Council approved funding in the Capital Improvement Program budget for the replacement of playground equipment and park infrastructure for multiple park sites, including Abruzzini Park, Century Oaks Park, Lake Park, Springwood Park, Vine Hill Park, and Vineyard Park (“Project”); and WHEREAS, the Project will include demolition, and clearing of existing playground equipment and park features and the design, layout and installation of new playground equipment and park features, safety surfacing and associated concrete work related to ADA ramp installation and or modification and curbing at Abruzzini Park, Century Oaks Park, Lake Park, Springwood Park, Vine Hill Park, and Vineyard Park. Work will also include the layout and installation of site furnishings at various locations across the City’s 54 parks to replace poor or failing park infrastructure to eliminate risk and improve City parks for residents; and WHEREAS, the City seeks to negotiate and execute an agreement with Landscape Structures, Inc. (LSI) for the purchase of the replacement playground equipment and site furnishings; the installation of the replacement equipment and furnishings and the completion of the associated concrete work pursuant to the exceptions in Napa Municipal Code Section 2.91.050 for specialty items and Section 2.91.060 for procurements via existing contracts between the contractor and another public agency; and WHEREAS, LSI will provide the playground equipment and site furnishings and will subcontract with Ross Recreation for their installation and for the associated concrete work; and WHEREAS, under Napa Municipal Code (“NMC”) Section 2.91.060, the City may enter into a contract that is based on the terms of an existing contract between the contractor and another public agency without further complying with the requirements of NMC Chapter 2.91 provided that the City Council makes the written determinations set forth therein; and WHEREAS, under NMC Section 2.91.050, the City may enter into a contract for a “specialty item,” in accordance with this section, without further complying with the requirements of NMC Chapter 2.91 provided that the City Council makes the written determinations set forth therein; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
The City Council hereby finds that the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15301(d), which exempts the restoration or rehabilitation of deteriorated facilities.
The City Council hereby determines that the proposed agreement with LSI using the pricing identified through the contract between Sourcewell and LSI for the procurement of playground equipment and site furnishings satisfies the requirements of Napa Municipal Code Section 2.91.060 for procurements via existing contracts between the contractor and another government agency based on the following:
The City has an opportunity to enter into a proposed contract under terms materially the same as an existing contract between the contractor and another public agency.
LSI has an existing contract (Sourcewell Contract RFP #010521) with Sourcewell, a State of Minnesota local government agency, which is attached to the staff report as Attachment 2. Under the Sourcewell Agreement, the City has an opportunity to enter into a proposed contract with LSI for the procurement of playground and park equipment under terms materially the same as the Sourcewell Agreement with LSI.
The terms of the proposed contract between the contractor and the City are more beneficial to the City than the City would otherwise be able to obtain by complying with the relevant requirements set forth in this chapter.
The terms of the proposed contract between LSI and the City are more beneficial to the City than the City would otherwise be able to obtain by complying with the relevant requirements set forth in NMC Chapter 2.91 given the significant discounted pricing and volume rebate programs offered through LSI’s contract with Sourcewell, which would not otherwise be available to the City if it did not rely on Sourcewell’s agreement with LSI.
By entering into the proposed contract, the City will meet the purpose and goals identified in Subsection 2.91.010(D) of this chapter. This includes documentation that the process used by the other public agency to procure the existing contract is substantially equivalent to the process that would otherwise be required by the City for the proposed contract.
By entering into the proposed contract with LSI, the City will meet the purpose and goals identified in NMC Section 2.91.010(D) because Sourcewell is a State of Minnesota local government agency and service cooperative and entered into the agreement with LSI using a competitive public solicitation process that is substantially equivalent to the competitive process that would otherwise be required under NMC Chapter 2.91.
The contract between the contractor and the City complies with the requirements of Subsection 2.91.030(B) of this chapter.
Pursuant to NMC Section 2.91.030(B)(2), (a) the contract will be approved as to form by the City Attorney, (b) as determined by the City Auditor, there are sufficient unencumbered funds to cover the cost of the contract, and (c) the City Council will authorize the Parks and Recreation Services Director to enter into the contract.
The City Council hereby determines that the portion of the proposed agreement with LSI related to the installation of the playground equipment and site furnishing and related concrete work satisfies the requirements of NMC Section 2.91.050 for specialty items based on the following:
The project need which the City intends to satisfy through the contract for the specialty item. This includes a functional description (or performance criteria) of the City’s needs.
The City is purchasing playground equipment and site furnishings from LSI to replace existing equipment and furnishings at various City parks and needs a contractor to install the playground and park equipment that is very familiar with LSI equipment and that is experienced in overseeing and managing volunteer labor for installation of playground equipment.
The types of property or service which are available (or used by other similarly situated private or public agencies) to meet this need (or similar needs), and the contractors which are available to provide the property or service.
The types of services available by Landscape Structures, Inc. to meet this need are qualified independent, third-party vendors/contractors who specialize in installation of Landscape Structures, Inc. equipment, as well as specialize in oversight and management of volunteer labor who would support project installation. The City is aware of other contractors who provide playground installation services in the Northern California area, however, only by contracting with LSI for the installation and inspection services from subcontractors who are experts in installing LSI playground equipment will the City receive efficient and high-quality services, while also providing the City with the opportunity to partner with the community on volunteer builds.
The reasons why it is impracticable for a similar property or service to meet the City’s needs (including considerations of compatibility with other City property and services regarding maintenance, repair, training, quality, price, or similar considerations); or why the City’s needs can only be met by one unique or proprietary type of property or service (the specialty item).
The City’s needs can only be met by one proprietary type of service given specialty vetting by Landscape Structures, Inc. to provide qualified professional services for their individualized products.
By entering into a contract for the specialty item from the proposed contractor, the City will meet the purpose and goals identified in Subsection HYPERLINK "https://library.qcode.us/lib/napa_ca/pub/municipal_code/lookup/2.91.010" \t "_blank"2.91.010(D) of this chapter.
The City will meet the purpose and goals identified in Section 2.91.010(D) by contracting with LSI for project installation by utilizing qualified contractors guaranteed to understand LSI equipment. This will result in efficient project delivery which therefore will achieve a cost-effective and high-quality project for the community. This conclusion is supported by a similar equipment and labor contract with LSI authorized by City Council in 2016, which resulted in cost savings across equipment, delivery and labor procurement for the City, and an efficient use of city resources in the preparation, approval, administration of the project.
The contract complies with the requirements of Subsection HYPERLINK "https://library.qcode.us/lib/napa_ca/pub/municipal_code/lookup/2.91.030" \t "_blank"2.91.030(B) of this chapter.
Pursuant to NMC Section 2.91.030(B)(2), (a) the contract with LSI will be approved as to form by the City Attorney, (b) as determined by the City Auditor, there are sufficient unencumbered funds to cover the cost of the contract, and (c) the City Council will authorize the Parks and Recreation Services Director to enter into the contract.
The City Council hereby authorizes the Parks and Recreation Services Director to negotiate and execute an agreement with Landscape Structures, Inc. in an amount not to exceed $1,374,778 for the purchase and installation of playground equipment and park infrastructure for multiple park sites and for the associated concrete work.
This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 5th day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
_________________________
Michael W. Barrett
City Attorney
ATTACHMENT 1
R2023-__ Page PAGE 1 of NUMPAGES 3 December 5, 2023
ATTACHMENT __
R20XX-XX Page PAGE 1 of NUMPAGES 1 Type approved date of resolution here