11 Resolution Approving the Purchase of Playground Equipment from Ross Recreation Equipment and Picnic Area Shelters from PorterCorp c/o All About Play for the Gallo Park Improvements Project, Making Findings Supporting that the Procurement for this Equipment is Exempt from Competitive Bidding Requirements and Authorizing the City Manager to Order the Equipment from these Select Manufacturers.

Meeting Date: OCTOBER 21, 2014

Agenda Item #11. Resolution Approving the Purchase of Playground Equipment from Ross Recreation Equipment and Picnic Area Shelters from PorterCorp c/o All About Play for the Gallo Park Improvements  Project, Making Findings Supporting that the Procurement for this Equipment is Exempt from Competitive Bidding Requirements and Authorizing the City Manager to Order the Equipment from these Select Manufacturers.

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STAFF REPORT

AGENDA ITEM: Resolution Approving the Purchase of Playground Equipment from Ross Recreation Equipment and Picnic Area Shelters from PorterCorp c/o All About Play for the Gallo Park Improvements Project, Making Findings Supporting that the Procurement for these Equipment is Exempt from Competitive Bidding Requirements and Authorizing the City Manager to Order the Equipment from these Select Manufacturers.

MEETING DATE: October 21, 2014

PREPARED BY: Mario B. Gouveia, City Engineer

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

City Council to adopt Resolution No. 2014-_, authorizing the sole sourcing of playground equipment and picnic area shelters for the Joseph Gallo Park Improvements Project.

BACKGROUND:

The City of Livingston received a Robert-Z’Berg-Harris Nonurbanized Area Need-Basis Grant (RZH Grant) from the California Department of Parks and Recreation in the amount of $477,422 for improvements to the Joseph Gallo Park. This RZH Grant was awarded back in 2007. The City must spend these funds by March 31, 2015 or otherwise risk forfeiting this grant with the funds reverting back to the State.

City staff is currently preparing the plans and specifications for the Joseph Gallo Park Improvements Project. The work for this project includes installing a playground area, public restroom, three (3) picnic areas, and planting approximately 13 24-gallon trees. The project is on schedule for the opening of contractor bids on November 12, 2014 and starting construction work in mid-December 2014.

Staff contacted manufacturers for the playground equipment and picnic area shelters to obtain quotes, equipment specifications, and delivery requirements to incorporate in the project design. Typical delivery times were found at 5 to 7 weeks for playground equipment and 10 to 12 weeks for the picnic area shelters.

Staff coordinated with City personnel to select the preferred equipment for the project. The selected playground equipment is the Landscape Structures Design #78463-1-2 as shown on the attached Playground Equipment Procurement Packet. The selected picnic area shelter is the Poligon Model No. RAM 16X24 RM, Hip Roof, Multi-rib Metal as shown on the Picnic Area Shelters Procurement Packet.

DISCUSSION:

Staff has determined the project would require approximately 75 working days to complete the improvements. Assuming a construction start date of mid December 2014, this project duration would allow the contractor to complete the project around mid-March 2015, just before the grant deadline.

However, unless the playground equipment and picnic area shelters are made available immediately at the start of construction or shortly thereafter, the project duration would likely extend significantly beyond the grant deadline due to the equipment delivery lead times. If the procurement of these equipment is included in the contractor’s contract, the playground equipment and shelters may not arrive at the project site for installation by the contractor until March or April 2015. Alternatively, the City could purchase the equipment ahead of the contractor’s contract and expedite the delivery dates from those anticipated if ordered by the contractor.

City staff contacted the State representative for the RZH Grant to consider a grant extension in light of the project schedule and lead time requirements for the project equipment. The other option is to procure the equipment ahead of the contractor’s contract to coincide the delivery with the contractor’s timeline for the equipment installation work within the 75-work-day duration. The State preferred and approved the sole sourcing of equipment by the City to allow the project to be completed on or ahead of the grant deadline. Staff recommends that the City Council follow the State’s recommendation to sole source the playground equipment and picnic area shelters based on the quotes included as part of the attached procurement packets. The expedited delivery resulting from the sole sourcing of equipment would provide the City the most adequate schedule for completing the project ahead of the grant deadline unless an extension from the State is received.

FISCAL IMPACT:

The total procurement cost for the playground equipment and the picnic area shelters is $94,026.88. The playground equipment quote is $58,835.38. The quote for three (3) picnic shelters is $35,191.50. The cost for these equipment is fully funded from the RZH Grant.

ATTACHMENTS:

1. Resolution No. 2014-

2. Playground Equipment Procurement Packet

3. Picnic Area Shelters Procurement Packet

RESOLUTION NO. 2014-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE PURCHASE OF PLAYGROUND EQUIPMENT FROM ROSS

RECREATION EQUIPMENT AND PICNIC AREA SHELTERS FROM PORTERCORP C/O ALL ABOUT PLAY FOR THE GALLO PARK IMPROVEMENTS PROJECT, MAKING FINDINGS SUPPORTING THAT THE PROCUREMENT FOR THESE EQUIPMENT IS EXEMPT FROM COMPETITIVE BIDDING REQUIREMENTS, AND AUTHORIZING THE CITY MANAGER TO ORDER THE EQUIPMENT FROM THESE SELECT MANUFACTURERS

WHEREAS, the City of Livingston received a Robert-Z’Berg-Harris Nonurbanized Area Need-Basis Grant from the California Department of Parks and Recreation in the amount of $477,422 for the Joseph Gallo Parks Improvements Project; and

WHEREAS, the City must spend the grant funds by March 31, 2015 or risk forfeiting the grant award; and

WHEREAS, unless the City procures certain project components ahead of the contractor’s contract for the construction of the Joseph Gallo Park Improvements Project, the current schedule of completion for the project will not meet the noted grant deadline; and

WHEREAS, the State has approved the sole sourcing of these project components with long lead time deliveries to expedite the completion schedule for the project; and

WHEREAS, the City desires to procure the playground equipment from Ross Recreation Equipment for the quoted price of $58,835.38 and three (3) picnic area shelters from PorterCorp c/o All About Play for the quoted price of $35,191.50, all for a total estimated cost of $94,026.88; and

WHEREAS, the purchase of said equipment ahead of the contractor’s contract will allow the delivery of the equipment to coincide with the contractor’s timeline for installation work based on the current project schedule with an estimated completion date around mid-March 2015; and

WHEREAS, the procurement of said equipment and corresponding project duration for the contractor’s construction work will result in a schedule of completion for the project that will satisfy the State’s deadline for the grant and allow the City keep the funds for this very important City project; and

FINDINGS

WHEREAS, the City Council of the City of Livingston hereby finds as follows:

A. Competitive bidding for the purchase of playground equipment and picnic area shelters for the Joseph Gallo Park Improvements Project would prevent the City from meeting the State’s deadline for completing the project, and would thus jeopardize the grant funding received for this project; and

B. Competitive bidding of the work may jeopardize the City’s ability to complete the project and thus prevent the City from providing these much needed recreational amenities for the Livingston residents.

C. There is an urgent need to purchase the equipment ahead of the contractor’s contract to have the playground equipment and picnic area shelters available at the start of construction or shortly thereafter to complete the project on or ahead of the grant deadline.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:

Section 1. The above recitals are true and correct findings of the Livingston City Council.

Section 2. The purchase of playground equipment from Ross Recreation Equipment and purchase of three (3) picnic area shelters from PorterCorp c/o All About Play is exempt from California Public Contract Code competitive bidding requirements pursuant to the established common-law doctrine articulated in the case of Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App. 3d 631.

Section 3. The City Manager is hereby authorized and directed to procure the playground equipment from Ross Recreation Equipment for the quoted price of $58,835.38 and three (3) picnic area shelters from PorterCorp c/o All About Play for the quoted price of $35,191.50 and complete all other work as necessary to expedite the delivery of said equipment.

Section 4. This Resolution shall take effect from and after the date of its adoption.

Section 5. Each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Livingston hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional.

Passed and adopted this 21st day of October, 2014, by the following vote:

AYES:

NOES:

ABSENT:

Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 21st day of October, 2014.

Betty Cota, Deputy City Clerk of the City of Livingston