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05 Staff Report - Equipment Purchase of a Park Structure at Howes Play Lot~pW N 0 !ps• =G p.~OS DATE TO FROM MEETING DATE: 3/17/08 ITEM NO: COUNCIL AGENDA REPORT MARCH 13, 2008 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER 'A~0_ XeXA~~ SUBJECT: PPW JOB NO. A08-007 - EOUIPMENT PURCHASE OF A PARK STRUCTURE AT HOWES PLAY LOT - PROJECT NO. 411-831-3606 ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH ROSS RECREATION EQUIPMENT COMPANY, INC. FOR THE REPLACEMENT PURCHASE AND INSTALLATION OF A PARK STRUCTURE AT HOWES PLAY LOT IN THE AMOUNT OF $39,129.18 RECOMMENDATION: Adopt resolution authorizing the Town Manager to execute an agreement with (Exhibit A) Ross Recreation Equipment Company, Inc. for the replacement purchase and installation of a park structure at Howes Play Lot in the amount of $39,129.18. BACKGROUND: During the recent winter storm of January 4, 2008, a large pine tree fell and demolished most of the landscape structure play equipment at the Howes Play Lot. Since that time, the playground area has been closed and will not be available for public use until the replacement playground equipment can be installed. Parts of the playground equipment that could be reused have been salvaged, and the rest of the damaged equipment has been removed from the site. DISCI TSSION- Manufacturing of playground equipment is a specialty field with a select few companies in this business. Ross Recreation Company, Inc. is one of the main manufacturers of playground equipment and was the company who had installed the original playground equipment at Howes Play Lot. PREPARED BY: KEVIN ROHANI ' - Interim Director of Parks and Public Works NAENGINEERING\COUNCIL REPORTS\A08-007.Equipment.purchase.howes.play. lot. doc 11 11 11 Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. A08-007 - EQUIPMENT PURCHASE OF A PARK STRUCTURE AT HOWES PLAY LOT - PROJECT NO. 411-831-3606 MARCH 13, 2008 Staff had meeting with representatives from Ross Recreation Company, Inc. to determine the most cost effective approach to make the repairs and replace parts of the playground equipment to make it functional again. The proposal to reuse the remaining parts of the playground equipment (approximately 30%) and use new parts to replace and construct the new playground is the most cost effective approach for this project. In addition, the playground equipment will be brought up to the new safety standards for children in using the equipment. Another benefit of using the remaining section of the playground is that there will not be need to demolish and remove pieces from the site which will add an extra cost to the project. Staff investigated the cost of new playground equipment with similar features from two other manufacturers, and Gametime, Inc. would furnish and install a playground structure at a cost of $43,368 and Progressive Design Playground. Inc. would furnish and install a playground structure at a cost of $45,658. The option of using other manufacturers playground equipment to mix and match with our remaining sections of playground is not a very practical approach. This is due to the fact that each manufacturer has unique fasteners that connect their equipment pieces together. In addition, due to the modular design of this playground, it is important to keep the same height of each section as children go from section to section. Howes Playground consists of a combination of slides, panels, ladders, etc. which are all connected together for safety and functionality. If each piece of this playground was set in place independently, then it would be possible to use different manufacturer products since they could operate and be used on their own. The Town has sent an insurance claim to ABAG for this project, and staff expects reimbursement for the majority of the expenses. It is recommended that the Council adopt the attached Resolution that would declare Ross Recreation Equipment Company, Inc. to be the responsible bidder for the replacement purchase of a park structure and award an agreement to this company in the amount of $39,129.18. CONCLUSION: Staff recommends the replacement purchase of a new park structure from Ross Recreation Equipment Company, Inc. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. A08-007 - EQUIPMENT PURCHASE OF A PARK STRUCTURE AT HOWES PLAY LOT - PROJECT NO. 411-831-3606 MARCH 13, 2008 FISCAL IMPACT: The 2008/09 mid-year budget provides for the replacement purchase of a park structure in the amount of $39,129.18 from Account No. 411-831-3606. Attachments, Resolution authorizing an agreement (Exhibit A) with Ross Recreation Equipment Company, Inc. for the purchase of a park structure RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH ROSS RECREATION EQUIPMENT COMPANY, INC. FOR THE REPLACEMENT PURCHASE AND INSTALLATION OF A PARK STRUCTURE FOR HOWES PLAY LOT IN THE AMOUNT OF $39,129.18 WHEREAS, a park structure at the Howes Play Lot was demolished due to a fallen tree during the recent winter storm of January 4, 2008; WHEREAS, the 2008/09 mid-year budget provides for the replacement purchase of the park structure; WHEREAS, staff prepared a request for proposal for the park structure at Howes Play Lot; and WHEREAS, Ross Recreation Equipment Company, Inc., who is the authorized Northern California dealer for this type of equipment, submitted a bid which the Town Council deems to be responsive to the Town's solicitation process; and WHEREAS, staff recommends the replacement purchase of a park structure from Ross Recreation Equipment Company, Inc.; and NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that Ross Recreation Equipment Company, Inc. is declared to be the authorized satisfactory vendor for the purchase of a park structure; and BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and directed to execute an agreement (Attached as Exhibit A) for the equipment purchase of a park structure in the amount of $39,129.18. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of March, 2008, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS/ LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND ROSS RECREATION EQUIPMENT COMPANY, INC. FOR THE REPLACEMENT PURCHASE AND INSTALLATION OF A PARK STRUCTURE FOR THE HOWES PLAY LOT THIS AGREEMENT is made and entered into in the Town of Los Gatos, County of Santa Clara, State of California, by and between the Town of Los Gatos, a municipal corporation [hereinafter Town], and Ross Recreation Equipment Company, Inc. [hereinafter Vendor], as of the day , 2008. RECITALS (A) A Quotation was sought by the Town for the purchase described in this Agreement, and Vendor was found to be a responsible supplier for this purchase. (B) Vendor represents that it is a qualified and competent supplier of the equipment to be purchased under this Agreement. IT IS AGREED AS FOLLOWS: Supplies and Terms. Vendor hereby agrees to deliver to the Town of Los Gatos Parks and Public Works Department at 41 Miles Avenue, Los Gatos, CA 95030 the items and materials described in Exhibit A hereto. The terms and conditions are as follows: 2. Price. Town shall pay Vendor the amounts defined in Exhibit A, and which include sales tax and delivery charges. Payment shall be net 30 days from delivery. 4. Insurance. A. Minimum Scope of Insurance: i. Vendor agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Vendor agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. EXHIBIT A iii. Vendor shall provide to the Town all certificates of insurance, with original endorsements effecting coverage including loss of property due to fire loss. Vendor agrees that all certificates and endorsements are to be received and approved by the Town before work commences. iv. Vendor agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Vendor for professional errors or omissions in the performance of the particular scope of work under this agreement. B. General Liability: i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of Consultant, premises owned or used by the Vendor. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Vendor's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Vendor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers. iv. The Vendor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Clerk Administrator. D. In addition to these policies, Vendor shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Vendor shall ensure that all subcontractors employed by Vendor provide the required Workers' Compensation insurance for their respective employees. 5. Indemnification. The Vendor shall save, keep and hold harmless, indemnify and defend the Town, its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omission of the Vendor, or any of the Vendor's officers, employees, or agents or any subcontractor. 6. Warranty. Vendor shall remedy any defects due to faulty materials and/or workmanship from the date of installation of equipment. Warranty time lines for equipment shall be as follows: Labor and materials shall be warranted by the Vendor for one year. 7. Delivery. Owner shall be responsible to deliver equipment no later than June 1, 2008 between the hours of 7:00 A. M. and 3:30 P. M. on weekdays that are not Town holidays. 8. Time of the Essence. Prompt delivery of the items and materials is essential to this Agreement. 9. Equal Employment Opportunity. Vendor warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations regarding equal employment opportunity. Vendor shall not discriminate in the employment of any person because of race, color, national origin, ancestry, mental or physical disability, medical condition, marital status, sex, age, or sexual preference, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. 10. Notices. All notices to be given with respect to this Agreement shall be addressed as follows: To: Town of Los Gatos Town of Los Gatos Parks and Public Works Department 41 Miles Avenue Los Gatos, CA 95030 To: Vendor Ross Recreation Equipment Company, Inc. 100 Brush Creek Road Santa Rosa, CA 90255 Attn: Jenny Ogston 11. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. 12. Modification. Waiver, termination, or amendment to this Agreement is effective unless made in writing and signed by the Town and the Vendor. 13. Severabilitv. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 14. Entire Agreement. This Agreement including Exhibit A sets forth the entire understanding between the parties. IN WITNESS WHEREOF, the Town and the Vendor have executed this Agreement on the date above written. Town of Los Gatos, by: Greg Larson, Town Manager Ross Recreation Equipment Company Signature Recommended by: Kevin Rohani, Interim Director of Parks and Public Works Print Name Approved as to Form: Orry P. Korb, Town Attorney Attest: Town of Los Gatos, Los Gatos California Jackie Rose, Clerk Administrator (2/26/2008) Tim Boyer- Howes Park Quote.pdf f9 7 Ross Recreation Equipment Co. Inc. 100 Brush Creek Rd #101 Santa Rosa CA 95404 Phone 707-538-3800 Fax 707-538-3826 Quote # Quote Date Expiration Date Project Name Quote Name Q-00396 02/2612006 05/30/2008 Howes Park Howes Park Structure Bill To Ship To Town of Los Gatos Town of Los Gatos Corp Yard P. 0. Box 655 41 Miles Ave Los Gatos, CA 95031 Los Gatos, CA 95030 Customer Auth/ PO# Terms Salesperson Est. Ship Date Net 30 On Materials Shipment Jenny Ogston Part Quantity Number Description Unit Price Extended Price Playbooster, 5-12 1.0 Playstructure, Pb, 5-12 - Design 23195-2-1- Irxludes Pinnacle $26,281.00 $26,281.00 Freight - Ross 1.0 Truckload Freight-Offload Not Included - 24 x 16 $2,270.00 $2,270.00 Installation 1.0 Installation - Installation for structure- does not include site preparation, storage of materials or security. $8,410.00 $8,41D 00 Total Weight NaN LB Notes: Total Materials $26,281.00 Sales Tax (8.25 % ) _ s $2,168.18 Total Freight $2,270.00 Subtotal $30,719.18 Total Labor $8,410.00 Total Other $0.00 Total $39,129.18 Page 1 Approved By:_ Printed Name: