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HomeMy WebLinkAboutC34620 - Fiscal Year 2015 - 2016 - Grass SeedContract No. C34620 CITY OF PALM DESERT ECONOMIC DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: AWARD THE PURCHASE OF 148,000 POUNDS OF GRASS SEED TO SIMPLOT PARTNERS OF PALM DESERT, CALIFORNIA, IN THE AMOUNT OF $169,583.20 SUBMITTED BY: Martin Alvarez, Director of Economic Development CONTRACTOR: Simplot Partners 42-200 State Street Palm Desert, CA 92211 DATE: July 9, 2015 CONTENTS: Proposal Contract No. C 34620 Recommendation 1. By Minute Motion, authorize Desert Willow Golf Resort to purchase 148,000 pounds of seed from Simplot Partners of Palm Desert, California, (Contract No. C 34620 ) for the FY 2015/2016 in an amount not to exceed $169,583.20; and 2. Authorize the Mayor to execute the contract. Funds are available in Course and Grounds Expenses, Account No. 5204195-4803100. Background The Desert Willow Golf Resort purchases grass seed on an annual basis for overseeding of the Desert Willow golf courses, driving ranges and grounds. As part of the Fiscal Year 2015/2016 budget, Desert Willow has included the anticipated costs for seed in their Course and Ground budget. On June 1, 2015, the City Clerk called for bids for the purchase of the grass seed. On June 3 and 10, 2015, the Notice Inviting Sealed Bids for the seed products for the Desert Willow Golf Resort was published in The Desert Sun. Contract No. C34620 Staff Report Annual Seed Order Page 2 of 2 July 9, 2015 Sealed bids were opened on Monday, June 22, 2015, at 2:00 p.m. with the following results: Contractor Location Price 1 Simplot Partners Palm Desert, CA $169,583.20 2 CPS San Jacinto, CA $177,724.80 Staff has reviewed the lowest bidder's bid document and found it to be accurate and recommends award of purchase to Simplot Partners of Palm Desert, California in the amount of $169,583.20 for FY 2015-2016. Fiscal Analysis This is a one-time purchase with no fiscal impact beyond the contract amount. No appropriation is required; funding is available in FY 2015-2016. Prepared By: Martin Alvarez Director of Economic Development Revi &z_:� Paul S. Gibson, Director of Finance Approval: C n M. Woh7muth, City Manager Department Head: Z��, Rudy Acosta Assistant City Manager G Vda\Martin Alvarez\Desert Willow\Seed RFP\SR Award Grass Seed FY 15-16 doc Contract No. C 34620 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 9th day of July, 2015, by and between THE DESERT WILLOW GOLF RESORT, a municipal corporation, hereinafter referred to as "DWGR", and Simplot Partners hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, the CITY invited bids for material(s) for the Desert Willow Golf Course Annual Seed Purchase - Fiscal Year 2015/16; Contract No. C per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid, which was accepted by DWGR for said material(s); and WHEREAS, CONTRACTOR has re-examined its Bid and found it to be correct, NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM. The term of this Agreement shall be from July 1, 2015, through June 30, 2016, or to such later date as may be agreed in writing between parties. (2) DWGR'S OBLIGATIONS. For furnishing material(s), as specified in this Agreement, DWGR will pay and CONTRACTOR shall receive in compensation, therefore an amount not to exceed One Hundred Sixty Nine Thousand Five Hundred Eighty Three and 20/100 Dollars ($169,583.20) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by the DWGR. (3) CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by DWGR, CONTRACTOR agrees with DWGR to furnish the material(s) and to do everything required by this Agreement and the Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless the Desert Willow Golf Resort (DWGR), Kemper Sports Management, Inc., City of Palm Desert (CITY), their officials, officers, employees, representatives, volunteers and agents, from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of the CONTRACTOR, his agents, employees, subcontractors and their employees thereof in connection with the Contract No. C34620 performance or non-performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify Kemper, DWGR and CITY and do whatever is necessary to protect Kemper, the DWGR and CITY, its official, officers, employees, agents, volunteers and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the CONTRACTOR and approved by the City Council of the City of Palm Desert. (6) TERMINATION. If, during the term of this Agreement, the DWGR/CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, DWGR/CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give the CONTRACTOR a three-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR fails to perform said work or cure the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of this Agreement and DWGR/CITY may terminate this Agreement immediately by written notice to the CONTRACTOR to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement. In said event, the CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received DWGR/CITY's Notice of Termination, minus any offset from such payment representing the DWGR/CITY's damages from such breach. DWGR/CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the DWGR/CITY's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the CONTRACTOR be entitled to receive compensation in excess of the per item price quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE. The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Bid Proposal; (e) The Standard Specifications as modified in other portions of the Contract Documents; (f) Appendix(s); (g) Addenda Nos. n/a; (h) Any Change Orders issued; (i) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the Contract No. C 34620 proper issuance of their documents they shall likewise be deemed incorporated. (8) COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, the CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT. CITY shall have the option of inspecting and/or auditing all records and other written material used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. (11) NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: If to DWGR: If to Contractor: Attention: Derek White Attention: Lee Horning DESERT WILLOW GOLF RESORT Simplot Partners 38-995 Desert Willow Drive 42200 State Street Palm Desert, CA 92260 Palm Desert, California 92260 (12) LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT. Both DWGR and the CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. Contract No. C 34620 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CONTRACTOR: By: Printed name Signature (to be notarized) FOR DWGR/CITY BY: SUSAN MARIE WEBER MAYOR Palm Desert, California APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY Title: ATTEST: RACHELLE D. KLASSEN CITY CLERK Palm Desert, California Contract No. C 34620 CONTRACTOR ACKNOWLEDGMENT A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ) SS. County of ) On , 20_, before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) City of Palm Desert Riverside County, California Specifications and Bid Document for Desert Willow Golf Resort FY 2015-16 ANNUAL SEED ORDER June 3, 2015 CITY OF PALM DESERT NOTICE OF INVITING SEALED BIDS DESERT WILLOW GOLF RESORT FY 2015-16 ANNUAL SEED ORDER PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert will receive sealed bids for furnishing: 148,000 POUNDS OF GRASS SEED Completed, sealed bids will be accepted in the offices of the City Clerk at Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, up to the hour of 2:00 p.m. on Monday, June 22, 2015, at which time they will be opened and read out loud. The public and vendors are invited to be present. Specifications may be obtained at the Economic Development Department located at 73-510 Fred Waring Drive, Palm Desert, California. It is the responsibility of the bidder to see that any bids sent through the mail have sufficient time to be in the hands of the City Clerk prior to bid opening time. The receiving time at the City Hall will be the governing factor on acceptability of bids. Electronic or telephone bids will not be accepted. The City reserves the right to reject any or all proposals to waive any irregularities, to accept any proposal or portion thereof and to take all proposals under advisement for a period of sixty (60) days. Dated this 1 st day of June 2015. HELLE D. KLASSE , CITY CLE CITY OF PALM DESERT, CALIFORNIA (760) 346-0611 CITY OF PALM DESERT DESERT WILLOW GOLF RESORT FY 2015-16 ANNUAL SEED ORDER BID TERMS AND CONDITIONS REQUIREMENT TO MEET ALL BID PROVISIONS Each bidder shall meet all of the specifications and bid terms and conditions. Non -substantial deviations may be considered provided that the bidder submits a full description and explanation of, and justification for, the proposed deviations. Final determination of any proposed deviation will be made by the City of Palm Desert. BID RETENTION AND AWARD The City reserves the right to retain all bids for a period of thirty days (30) for examination and comparison. The City also reserves the right to waive non -substantial irregularities in any bid, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations, and to make award to the lowest responsible, responsive bidder as the interest of the City may require. BID WITHDRAWAL A bidder may withdrawal their proposal, without prejudice, prior to the time specified for the bid opening, by submitting a written request to the City Clerk for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than the place stated in the "Notice Inviting Bids" will be considered. All bids will be opened and declared publicly. Bidders, or their representative, are invited to be present at the opening of the bids. SUBMISSION OF ONE BID ONLY No individual, or business entity of any kind, shall be allowed to make or file, or to be interested in more than one bid. COMMUNICATION REGARDING BID All timely requests for information submitted in writing will receive a written response from the City. Telephone communication with City staff are not encouraged, but will be permitted; however, any such oral communication to the City Staff shall not be binding on the City. The City's payment terms are ninety (90) days from the receipt of an original invoice referencing the city's contract number and acceptance of the materials, supplies, equipment, or service (Net 90). BID PROPOSAL SUBMISSION Bid must be prepared on the approved forms and submitted in a sealed envelope plainly marked on the outside "SEALED BID FY 2015-16 ANNUAL SEED ORDER - DO NOT OPEN WITH REGULAR MAIL." The bid must be completed in full and signed. Completed sealed bid proposals will be accepted by the City Clerk, City of Palm Desert, 73- 510 Fred Waring Drive, Palm Desert, California, until 2:00 p.m. on Monday, June 22, 2015. CITY OF PALM DESERT DESERT WILLOW GOLF RESORT FY 2015-16 ANNUAL SEED ORDER SPECIFICATIONS 1. Standard tournament quality perennial rye grass blend shall be from the following varieties in equal portions: A. Black Cat II / Academy III / Confetti I II B. Topgun / Accent / Goalkeeper C. Playfast / Ecologic Blend and packaging specifications: • Purity shall not be less than 98.5%. • Successful germination shall not be less than 90%. • Inert material shall be less than 1.5%. • Weed seed shall be less than .05%. • Fluorescence shall be less than 2.5%. • State of origin shall be Oregon. • Seed shall be free of Poa Annua, bentgrass and course grass. • Seed shall be shrink-wrapped and palletized. Bid quantity: 1. 138,000 pounds perennial rye. 2. 6,000 pounds Apron treated perennial rye. 2. Poa Trivialis shall be one of the following varieties: A. Starlite II B. Havana C. Laser Blend and packaging specifications: • Seed shall be shrink-wrapped and palletized. Bid quantity: • 4,000 pounds Apron treated. 3. Delivery shall be on three separate dates and to two separate locations: A. 148,000 lbs. shall be delivered to Desert Willow at 38995 Desert Willow Drive, Palm Desert, CA 92260, no later than September 20, 2015. CITY OF PALM DESERT DESERT WILLOW GOLF RESORT FY 2015-16 ANNUAL SEED ORDER BID DOCUMENT The undersigned declares that he/she has carefully examined the Bid Terms and Conditions and the Specifications accompanying the Notice Inviting Sealed Bids; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to the City of Palm Desert. The undersigned agrees to furnish the specified merchandise in good order and deliver to the City of Palm Desert and Desert Willow Golf Resort and will accept full payment thereof, the following amount: ITEM ITEM DESCRIPTION ESTIMATED UNIT NO. QUANTITY 1. Perennial rye grass seed 138,000 LB. blend. Seed brand / variety: 2. Perennial rye grass seed 6,000 LB. blend, Apron treated. Seed brand / variety: 3. Poa Trivialis grass seed 4,000 LB. Apron treated Seed brand / variety: 4. Sales tax (8.0%): 5. Amount shipping: TOTAL AMOUNT OF BID IN FIGURES $ TOTAL AMOUNT OF BID IN WORDS UNIT PRICE Company: Address: Telephone: Fax: Email: Bid Prepared By: Title: Signature: Date: TOTAL CITY OF PALM DESERT DESERT WILLOW GOLF RESORT FY 2015-16 ANNUAL SEED ORDER BID DOCUMENT The undersigned declares that he/she has carefully examined the Bid Terms and Conditions and the Specifications accompanying the Notice Inviting Sealed Bids; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to the City of Palm Desert. The undersigned agrees to furnish the specified merchandise in good order and deliver to the City of Palm Desert and Desert Willow Golf Resort and will accept full payment thereof, the following amount: ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL NO. QUANTITY PRICE Perennial rye grass seed 138,000 LB. $ Q. $ 1095�' blend. Seed brand / variety:T/A �A G0SZ�E-k' 2. Perennial rye grass seed 6,000 LB. 4::6• $ &. D S blend, Apron treated. Seed brand / variety 3. Poa Trivialis grass seed 4,000 LB. G.6• $ Apron treated Seed brand 4. Sales tax (8.0%): 5. Amount shipping: K Z:'C, $ TOTAL AMOUNT OF BID IN FIGURES $ T-cwt�TAL AMOUNT OF BID IN WORDS i , Y, C� u. Z e-1 P Company: Address ;L ���E S� I A �►+� �- l i� (�' l Teleph�lne: Fax: 7(0o aSo - 8 6o 8 - o a3 Ema : porn 1"on S'*vt Bid Prepared By:L� Title: S nature: j-� Date: (O