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SR 12-12-2023 5H City Council Report City Council Meeting: December 12, 2023 Agenda Item: 5.H 1 of 6 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Award a Design/Build Agreement with Landscape Structures, Inc. for the Douglas Park Playground Reconstruction Project Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 and 15302 of the California Environmental Quality Act (CEQA) Guidelines. 2. 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 Douglas Park for the Public Works Department. This recommended award is made as an exception to the competitive bidding process, pursuant to Santa Monica Municipal Code (SMMC) Section 2.24.250(c) and is for an amount not to exceed $1,900,000 (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 Douglas Park playground located at 2439 Wilshire Boulevard with an inclusive (universally accessible) playground was identified as a priority project. Staff recommends awarding a design-build agreement with Landscape Structures, Inc. for the design, purchase of equipment, and installation of an inclusive playground at Douglas Park in an amount not to exceed $1,900,000 (including a 10% contingency). 5.H Packet Pg. 341 2 of 6 SMMC 2.24.250(c) allows for an exception to the City’s competitive bidding process when competitive procedures are followed by a cooperative purchasing agency that are equivalent to the procedures set forth in the code. Staff anticipates up to 18 months for the design and construction phases of the project, with design beginning spring 2024 and construction completion anticipated in summer 2025. Discussion Parks and recreational 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. An assessment of the parks and recreation system’s current physical conditions and needs was completed in Winter 2019. Findings from the needs assessment, which incorporated input from community members and stakeholders, are intended to guide future system enhancements. One of the key findings of the assessment identified recreation as a means for Santa Monicans to get outside and play in a variety of ways emphasizing that play embraces Santa Monica’s culture of fitness and should be accessible and inviting for all. Additionally, an assessment of existing playgrounds found that play equipment and safety surfaces at several playgrounds are approaching the end of their lifespan and will require replacement. Without reconstruction, these playgrounds would eventually be closed to the public for safety reasons. Douglas Park playground reconstruction was identified as a top priority in the playground assessment due to its aging equipment and lack of accessibility. Located at one of the city’s oldest parks, the playground is approximately 17,000 S.F. The playground was last renovated in the early 2000’s and the 20+ year old play equipment is in need of replacement. See Figure 1 below for project location and context. 5.H Packet Pg. 342 3 of 6 Figure 1: Project Location This project is necessary to ensure the playground at Douglas Park remains available to the public and that the recreational space in Douglas Park is not diminished. Project improvements would include: • Replacement of the existing traditional play equipment with inclusive (for all abilities) play equipment. • Replacement of the existing sand and rubber safety surface with new rubber safety surface. • Pedestrian amenities, including shade structures, fencing, and seating. Staff recommends that the City enter into a design-build agreement with Landscape Structures, Inc. for the design, purchase of equipment, and installation of an inclusive playground at Douglas Park. Vendor Selection 5.H Packet Pg. 343 4 of 6 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). This section of the code allows exception to the City’s standard competitive bidding process when competitive procedures are followed by a cooperative purchasing agency, that are equivalent to the procedures set forth in the SMMC, and the goods or services are supplied to the City at the same or better price as the price obtained by that agency. On November 10, 2020, 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 #010521-LSI set to expire February 17, 2026), the City as a member agency receives an 8% discount off list price on Landscape Structures play, skate, and shade equipment for equipment orders over $80,000 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. provides turn-key solutions for playground and recreation- related equipment, accessories, and supplies for several municipalities and organizations in California, including City of Santa Monica, City of Los Angeles, City of Norwalk, City of Westlake Village, City of Paso Robles, amongst others. Architecture Services staff conducted outreach to the City of Los Angeles and City of Manhattan Beach and they recommended Landscape Structures, Inc. for its reliability, expertise, and affordability. Architecture Services staff also conducted an internal comparison of three qualified vendors listed in the cooperative purchasing agency and found Landscape Structures, Inc. to be the most qualified, versatile, and responsive. Landscape Structures, Inc. offers industry leading custom design and manufacturing expertise, local project and playground design consultation/site evaluation, and safety 5.H Packet Pg. 344 5 of 6 audits by independent CPSI certified playground inspectors. Installation services offered through Landscape Structures, Inc. are completed by certified installers. c. competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price; Engagement On November 16, 2023, staff presented project updates to the Recreation and Parks Commission. At the meeting, the Recreation and Parks Commission unanimously approved a motion to support staff’s recommendation of entering into a design-build contract with Landscape Structures, Inc. 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 and construction documents. Staff anticipates up to18 months for the design and construction phases of the project, with design beginning spring 2024 and construction completion in summer 2025. Past Council Actions Meeting Date Description 10/27/20 (Attachment A) Grant acceptance and authorization of Los Angeles County Safe, Clean Neighborhood Parks and Beaches Measure of 2016 (Measure A) funds for the Douglas Park playground project 6/28/22 (Attachment B) FY22-24 Biennial Capital Improvement Program Budget – Douglas Park Playground Reconstruction Project Environmental Review The project is categorically exempt pursuant to CEQA Guidelines Sections 15301 and 15302. Section 15301 provides exemption (Class 1) for the operation, repair, maintenance, or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use. Section 15302 (Class 2) provides exemption for the replacement or reconstruction of existing structures and facilities where the new 5.H Packet Pg. 345 6 of 6 structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The project would reconstruct the existing playground at Douglas Park. In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of this CEQA exemption—the project site is not located in a sensitive environment, the project will not have a significant effect on the environment, the project would not damage scenic resources, the project would not be located on a hazardous waste site, and the project would not cause a change to a historical resource. Therefore, this project is a Class 1 and Class 2 project exempt from CEQA. Financial Impacts and Budget Actions Staff seeks authority to approve available Parks and Recreation Impact Fee and Measure A funding to award an agreement with Landscape Structures, Inc. for the Douglas Park Playground Reconstruction Project. Agreement Request FY 2023-24 Budget Request Amount CIP Account # Total Contract Amount $486,225 C1008390.689000 $486,225 $1,413,775 C2008390.689000 $1,413,775 $1,900,000 Total $1,900,000 Prepared By: Yukiko Takahashi, Architectural Associate Approved Forwarded to Council Attachments: A. October 27, 2020 Staff Report (Web Link) B. June 28, 2022 Staff Report (Web Link) C. Oaks Initiative Form - Landscape Structures, Inc. 5.H Packet Pg. 346 CITY OF SANTA MONICA OAKS INITI ATIVE 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 off icial from receiving, and a person or entity from conferring, specified personal benef its 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 f or 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 inf ormation must be updated and supplied every 12 months. 5.H.c Packet Pg. 347 Attachment: Oaks Initiative Form - Landscape Structures, Inc. (6033 : Award a Design/Build Agreement with Landscape Structures for Douglas 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.H.c Packet Pg. 348 Attachment: Oaks Initiative Form - Landscape Structures, Inc. (6033 : Award a Design/Build Agreement with Landscape Structures for Douglas