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SR 07-12-2022 5C City Council Report City Council Meeting: July 12, 2022 Agenda Item: 5.C 1 of 4 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Authorization to enter into Agreement with Vortex Aquatic Structures International for the Virginia Avenue Park Splash Pad Repairs Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a design-build agreement with Vortex Aquatic Structures International (Vortex) for the design, permitting, and replacement of equipment at the splash pad playground at Virginia Avenue Park for the Public Works 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 $271,483 (including a 14% contingency). Summary Following an assessment of the splash pad playground at Virginia Avenue Park, staff identified rehabilitation and replacement of the pad’s equipment as a priority project because of the popularity of the feature and the age of the current system. Originally opened in 2005, key components of the splash pad equipment have reached the end of their useful life. Staff recommends awarding a design-build agreement to Vortex for the design, permitting, and replacement of equipment at the splash pad playground at Virginia Avenue Park in an amount not to exceed $271,483 (including a 14% contingency). Staff anticipates work would begin in Fall 2022 and be completed by Summer 2023. The project would be funded by Community Development Block Grant (CDBG) funding. Discussion 5.C Packet Pg. 28 2 of 4 An assessment of the existing equipment and safety systems showed the equipment for the Virginia Avenue Park splash pad playground was nearing the end of its lifespan and requires replacement. Without improvements, the splash pad would eventually need to be closed to the public for safety reasons. Improvements would include the replacement of existing splash pad pumps, valves, and filtration equipment. To avoid potential closure and expedite project delivery by up to six months, staff recommends that the City make an exception to competitive bidding by piggybacking off another government agency’s competitive process and enter into a design-build agreement with Vortex for the design, permitting, and replacement of equipment at the splash pad playground at Virginia Avenue Park. Staff anticipates up to 12 months for the design and repair phases of the project, with work beginning Fall 2022 and project completion by Summer 2023. 5.C Packet Pg. 29 3 of 4 Vendor Selection Exception to Competitive Bidding Staff recommends Vortex for the design, permitting, and replacement of equipment 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 power 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 15, 2021, NPP Gov, 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 NPP Gov’s contract with Vortex (contract #PS21115 set to expire March 15, 2027), the City as a member agency receives competitive bids without additional RFP process, saving time and money in procurement processes. Vortex has provided turn-key solutions for similar 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 Vortex for its reliability, expertise, and affordability. Vortex offers industry leading custom design and manufacturing expertise, local project and playground design consultation/site evaluation, and safety audits by independent CPSI certified playground inspectors. Installation services offered through Vortex are completed by certified installers. Financial Impacts and Budget Actions Staff seeks authority to approve funding from the CDBG Fund to award an agreement to Vortex for design/build services for the splash pad playground at Virginia Avenue Park. 5.C Packet Pg. 30 4 of 4 Funds are available in the FY 2022-23 Capital Improvement Program Budget for this project. Prepared By: William Clerk, Architectural Associate Approved Forwarded to Council Attachments: A. June 23, 2020 Staff Report (Web Link) B. OaksForm-Vortex Agreement FY 2022-23 Request Amount CIP Account # Contract Amount $271,483 C1908120.689000 $271,483 5.C Packet Pg. 31 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: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________ 5.C.b Packet Pg. 32 Attachment: OaksForm-Vortex (5148 : Virginia Avenue Park Splash Pad Repairs)