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SR 02-23-2021 3A City Council Report City Council Meeting: February 23, 2021 Agenda Item: 3.A 1 of 6 To: Mayor and City Council From: Rick Valte, Acting Public Works Director, Public Works, Architecture Services Subject: Authorization to Negotiate and Execute a Design/Build Agreement with Landscape Structures, Inc. for the Marine Park Playground Safety Upgrades Project Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Landscape Structures, Inc. for the design, purchase of equipment, and installation of an inclusive playground at Marine Park for the Community Services Department. This recommended award is made as an exception to the competitive bidding process, pursuant to Section 2.24.250(c), and is for an amount not to exceed $1,200,000 (including a 10% contingency) for two years with a one-year renewal option. Summary Santa Monica’s parks and recreation system includes aging facilities and equipment that require regular reinvestment and repair to maintain safe and accessible open spaces. Following an assessment of the system’s current physical conditions and needs, and incorporating community and stakeholder input, the removal and replacement of the existing Marine Park playground located at 1406 Marine Street with an inclusive (universally accessible) playground was identified as a priority project. Staff recommends awarding a design-build agreement to Landscape Structures, Inc. for the design, purchase of equipment, and installation of an inclusive playground at Marine Park in an amount not to exceed $1,200,000 (including a 10% contingency). Staff anticipates up to 12 months for the design and construction phases of the project, with design beginning in the second quarter of 2021 and project completion anticipated by the second quarter of 2022. The project would be funded by Parks and Recreation Impact Fee revenues and Proposition 68 per capita program funding. 3.A Packet Pg. 11 2 of 6 Discussion Parks and recreation activities are central to the quality of life in Santa Monica. Community members consistently express their appreciation for the City’s diverse parks and recreation system, and ongoing investment into cherished parks and recreation assets is necessary to continue the system’s functionality. Recently, as part of the City’s Parks and Recreation Master Plan (PRMP) Update process, an assessment of the parks and recreation system’s current physical conditions and needs was completed. Although the PRMP Update was deferred as part of the City’s restructuring that resulted from COVID-19 budgetary impacts, findings from the needs assessment, incorporating input from community members and stakeholders, are intended to guide future system enhancements. This led to the initiation and development of the Marine Park Playground Safety Upgrades Project to replace the approximately 12,000 S.F. playground at Marine Park with an inclusive playground. A key finding of the assessment identified recreation as a means for Santa Monicans to enjoy outdoor play in a variety of ways, in which play embraces Santa Monica’s culture of fitness and should be accessible and inviting for all. Considering Santa Monica’s highly active community, one of the initial strategic actions to emerge from the assessment to enhance play for all called for an increase of inclusive design throughout the parks system. Additionally, an assessment of existing playgrounds found that play equipment and safety surfaces in several playgrounds are nearing the end of their lifespan and will require replacement. Without reconstruction, these playgrounds may eventually need to close to the public for safety reasons. The decision was made to prioritize the reconstruction of the heavily used playground at Marine Park, one of the City’s oldest playgrounds and where a piece of 20-year-old play equipment recently failed and had to be removed. See Figure 1 below for project location and context. 3.A Packet Pg. 12 3 of 6 Figure 1: Project Location This project is necessary to ensure the playground at Marine Park remains open to the public and that the recreational space of Marine Park is not diminished. Project improvements would include: • Replacement of the existing traditional play equipment with inclusive play equipment; • Replacement of the existing sand and rubber safety surface with new rubber safety surface throughout; • Improved access between the on-site surface parking and playground; and • Pedestrian amenities, including shade structures, fencing, and seating. To avoid potential closure and expedite project delivery by up to six months, staff recommends that the City make an exception to competitive bidding and enter into a design-build agreement with Landscape Structures, Inc. for the design, purchase of equipment, and installation of an inclusive playground at Marine Park. 3.A Packet Pg. 13 4 of 6 Vendor Selection Exception to Competitive Bidding Staff recommends Landscape Structures, Inc. for the design, purchase of equipment, and installation as an exception to competitive bidding per Muni Code 2.24.250 (c), which authorizes an exception if competitive procedures were followed by another governmental agency, including a joint powers agency; those procedures are equivalent to the procedures set out in SMMC Chapter 2.24; and the City is obtaining the goods or services at the same or better price as provided to that other agency. On March 2, 2017, Sourcewell (formerly known as National Joint Powers Alliance (NJPA)), a government agency that establishes national leveraged and competitively solicited purchasing contracts for education, government, and non-profits, issued a Request for Proposals (RFP) for the procurement of recreation and playground equipment, accessories, and supplies. Under the terms of the RFP and the resulting Sourcewell Agreement with Landscape Structures, Inc. (Agreement #030117-LSI set to expire April 14, 2022), the City as a member agency receives an 8% discount off list price on Landscape Structures play, skate, and shade equipment for orders over $80,000 in equipment and has access to the following goods and services: standard & custom playground equipment, freestanding play, shade, surfacing, sports & fitness equipment, site furnishings, skateparks, and waterparks; installation solutions; site work (grading, concrete walkways, landscaping, drainage solutions); shelters; and Independent safety audits. Landscape Structures, Inc. has provided turn-key solutions for playground and recreation-related equipment, accessories, and supplies for several municipalities in California, including the City of Los Angeles, City of Glendora, and City of Walnut. Architecture Services staff conducted outreach to the City of Los Angeles, and they recommended Landscape Structures, Inc. for its reliability, expertise, and affordability. Landscape Structures, Inc. offers industry leading custom design and manufacturing expertise, local project and playground design consultation/site evaluation, and safety 3.A Packet Pg. 14 5 of 6 audits by independent CPSI certified playground inspectors. Installation services offered through Landscape Structures, Inc. are completed by certified installers. Next Steps Landscape Structures, Inc. would initiate site evaluation, conduct required survey work and identify design alternatives to be considered. Following the public outreach process, Landscape Structures, Inc. would deliver a City approved, community supported, and technically vetted final design. Staff anticipates up to 12 months for the design and construction phases of the project, with design beginning spring 2021 and project completion by spring 2022. Past Council Actions Meeting Date Description 06/23/20 (Attachment A) FY20-22 Biennial Capital Improvement Program Budget – Playground Safety Capital Improvement Project 10/27/20 (Attachment B) Grant acceptance and authorization of Proposition 68 Per Capita funds for the Marine Park playground project Financial Impacts and Budget Actions Staff seeks authority to approve local funding from the Special Revenue Fund and grant funding from the California Department of Parks & Recreation Proposition 68 Per Capita Program to award an agreement to Landscape Structures, Inc. for design/build services for the Marine Park Playground Safety Upgrades Project. Agreement FY 2020-21 Budget Request Amount CIP Account # Contract Amount $965,565 C1008030.689000 $965,565 $234,435 C2008030.689270 $234,435 Total $1,200,000 3.A Packet Pg. 15 6 of 6 Prepared By: Linda Cogswell, Associate Planner Approved Forwarded to Council Attachments: A. June 23, 2020 Staff Report (Web Link) B. October 27, 2020 Staff Report (Web Link) C. Landscape Structures Inc. Oaks Form 3.A Packet Pg. 16 Please attach additional pages if more space is required.  CITY OF SANTA MONICA OAKS INITIATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months. 3.A.c Packet Pg. 17 Attachment: Landscape Structures Inc. Oaks Form (4379 : Playground Safety Upgrades Project) Please attach additional pages if more space is required.  CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ 3.A.c Packet Pg. 18 Attachment: Landscape Structures Inc. Oaks Form (4379 : Playground Safety Upgrades Project)