07 Staff Report - Equipment Purchase of Park Structure Live Oak Manor ParktowN a,MEETING DATE: 10/20/08
ITEM NO:
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tos-~~05 COUNCIL AGENDA REPORT
DATE: OCTOBER 8, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PPW JOB NO. A09-009 - EQUIPMENT PURCHASE OF A PARK
STRUCTURE AT LIVE OAK MANOR PARK (411-831-3802)
A. 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 LIVE OAK MANOR
PARK IN THE AMOUNT OF $51,147.
B. AUTHORIZE A BUDGET ADJUSTMENT PROVIDING $51,147 IN NEW
APPROPRIATIONS FOR THE LIVE OAK MANOR PLAYGROUND
VANDALISM REPAIR AND REPLACEMENT PROJECT CONSISTING
OF REVENUE BUDGET ADJUSTMENT OF $46,147 FROM THE ABAG
INSURANCE CLAIM REIMBURSEMENT AND $5,00 FROM THE
GENERAL FUND RESERVE FOR FUTURE CAPITAL IMPROVEMENTS
RECOMMENDATION:
1. Adopt resolution authorizing the Town Manager to execute an agreement with Ross
Recreation Equipment Company, Inc. (Exhibit A) for the replacement purchase and
installation of a park structure at Live Oak Manor Park in the amount of $51,147.32.
2. Authorize a budget adjustment providing $51,147 in new appropriation for the Live Oak
Manor Playground Vandalism Repair and Replacement project consisting of revenue budget
adjustment of $46,147 from the ABAG Insurance Claim Reimbursement and $5,000 from the
General Fund Reserve for Future Capital Improvements.
BACKGROUND:
The Play Structure at Live Oak Manor Park was destroyed as a result of vandalism in a fire in
August, 2008 and needs to be replaced. 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. The
Town has sent an insurance claim to ABAG for this project, and staff expects reimbursement for
the majority of the expenses.
PREPARED BY: TODD CAPURSO~ j
Director of Parks and Public Works
N:IENGTNEERINGICOUNCILREPORTS12008 Reports\A09-009,Equipment.purcliase.live.onk,manor.park,structure.doc
Reviewed by: 5 S Assistant Town Manager (6 Y, Town Attorney Cleric Administrator
fit`-,Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: P_PW JOB NO. A09-009 - EQUIPMENT PURCHASE OF A PARK
STRUCTURE AT LIVE OAK MANOR PARK
OCTOBER 14, 2008
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.
T)NCT NIVITC~N•
Manufacturing of playground equipment is a specialty field with a select few companies in this
business. Landscape Structures equipment is one of the main manufacturers of playground
equipment and was the company who had installed the original playground equipment at Live
Oak Manor Park. The Town has been satisfied with this equipment and has had very good
service life from the equipment.
Staff met with representatives from Ross Recreation Company who is the authorized dealer for
Landscape Structures equipment 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 20%) and
use new parts to replace and construct the new playground is the most cost effective approach for
this project. It is estimated that the cost for an entire new playground structure system will be in
excess of $80,000. In addition, the playground equipment will be brought up to the new safety
standards for children using the equipment. Another benefit of using the remaining section of the
playground is that there will not be a need to demolish and remove pieces from the site which
will add an extra cost to the project.
The option of using other manufacturers' playground equipment to mix and match with the
Town's remaining sections of the playground is not a 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. Live Oak Manor Park 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 Parks Commission reviewed various exhibits of the play structures at the September 2, 2008
Parks Commission meeting. At the October 7, 2008 Parks Commission meeting the Commission
heard input from the neighborhood and the consensus was to select the proposed design for the
new play structure.
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 at Live Oak Manor Park and award an agreement to this company in the
amount of $51,147.32.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. A09-009 - EQUIPMENT PURCHASE OF A PARK
STRUCTURE AT LIVE OAK MANOR PARK
OCTOBER 14, 2008
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.
FISCAL IMPACT:
Sufficient funds are available for the project as detailed below:
EQUIOMINT PLf RC HASt: ()T A PARK STRKTUftE AT OAK MANOR PARK
Proposed
Proposed
Remaining
Budget
Contract
Budget
Amount
Amount
If Approved
`I'L rAL REVENUES:
ABAG Insurance Claim Reimbursement
$ 46,147
$ 46,147
Transfer from General Fund
5,000
5,000
TOTALS
$ 51,147
$ 51,147
TOTAL EXPENDITURES
Equipment Purchase & Installation
51,147
$ 51,147
$ -
TOTALS
$ 51,147
$ 51,147
$ -
Attachments-
1. Resolution authorizing an agreement (Exhibit A) with Ross Recreation Equipment
Company, Inc. for the purchase of a park structure.
2. Proposed design of 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 LIVE OAK MANOR PARK
IN THE AMOUNT OF $51,147.32
WHEREAS, a park structure at Live Oak Manor Park was destroyed in a fire in August
2008; and
WHEREAS, Ross Recreation Equipment Company, Inc., who is the authorized Northern
California dealer for this type of equipment, installed the original playground equipment at Live
Oak Manor Park; and
WHEREAS, parts of the playground equipment that could be reused have been salvaged;
and
WHEREAS, staff recommends the replacement purchase of a park structure from Ross
Recreation Equipment Company, Inc., for this equipment, 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 $51,147.32.
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 20th day of October, 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 LIVE OAK MANOR PARK
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:
1. Su lies 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 $51,147.32, which include sales tax and delivery charges.
Payment shall be net 30 days from delivery.
3. 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.
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:
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.
4. 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.
5. 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.
6. Delivery. Vendor shall be responsible to deliver and install equipment no later than
January 1, 2009.
7. Time of the Essence. Prompt delivery of the items and materials is essential to this
agreement.
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.
9. 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
10. 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.
11. Modification. Waiver, termination, or amendment to this Agreement is effective unless
made in writing and signed by the Town and the Vendor.
12. Severabilit . If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
13. 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:
Todd Capurso
Print Name
Director of Parks and Public Works
Approved as to Form:
Orry P. Korb, Town Attorney
Attest:
Town of Los Gatos, Los Gatos California
Jackie Rose, Clerk Administrator
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