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Home My WebLink AboutC32110 FY 2012-2013 Golf Course Irrigation Supplies for DWGR 841-13Contract No. C 32110 CITY OF PALM DESERT PUBLIC WORKS STAFF REPORT REQUEST: AUTHORIZATION TO PURCHASE GOLF COURSE IRRIGATION SUPPLIES (CONTRACT NO. C 32110 ) FROM HIGH TECH IRRIGATION, INC., (INDIO, CALIFORNIA) FOR THE DESERT WILLOW GOLF RESORT FOR FISCAL YEAR ENDING (FYE) JUNE 30, 2013, IN AN AMOUNT NOT TO EXCEED $55,000 (PROJECT NO. 841-13) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: High Tech Irrigation, Inc. 80975 Indio Boulevard, Building A Indio, California 92201 DATE: August 23, 2012 CONTENTS: Contract No. C 32110 Sole Source Distribution Letter from Rain Bird Corporation Recommendation By Minute Motion: 1. Authorize the purchase of golf course irrigation supplies from High Tech Irrigation, Inc., (Contract No. C 32110 ) for FYE June 30, 2013, in an amount not to exceed $55,000 for Project No. 841-13; 2. Determine that the golf course irrigation supplies must be sole sourced; and 3. Authorize the City Manager to execute the contract. Funds are available in Course and Grounds Expenses, Account No. 520-4195-495- 8031. Background The Desert Willow Golf Resort has an existing Rain Bird irrigation system on both golf courses. High Tech Irrigation, Inc., is the sole provider of Rain Bird golf course irrigation Staff Report Authorization to Purchase Golf Course Irrigation Supplies from High Tech Irrigation August 23, 2012 Page 2 of 2 products in this region due to an exclusive attached letter). The irrigation supplies ar system at the Desert Willow Golf Resort, the system and productivity of the courses. agreement with Rain Bird Corporation (see required to service the existing irrigation nd provide for the everyday functionality of Staff has reviewed the attached letter with the City Attorney and, therefore, requests authorization to purchase golf course irrigation supplies from High Tech Irrigation, Inc., for FYE June 30, 2013, for the Desert Willow Golf Resort. Fiscal Analysis The actual quantities of golf course irrigation supplies purchased for FYE 2013 will be on an as -needed basis dependent on many factors directly related to the current irrigation system performance at the Desert Willow Golf Resort. The projected cost for these supplies is $55,000 from September 2012 through June 30, 2013. The Desert Willow golf course superintendent is responsible for the determination of the application and use of the irrigation supplies. No appropriation is required and funding is available in the current Desert Willow 2012/2013 budget. Prepared By: Heather Buck, Project Coordinator Reviewed: cape Manager Paul S. Gibson, Director of Finance J960 M. Wohlmuth, City Manager artin Alvarez Director of Economic Development Depa Mark Gr a wood, P.E\ Director bf Public Works C"Y COUIICI ,:�MO14 APPROVED nmm RECEIVED OTHER Original on File with City 6*rk's Office G:\PubWorks\Staff Reports\2012\August 23\04 Desert Willow Irrigation Supplies FYE 2013\SR - SoleSource for Irrigation Supplies FYE2013.doc xi, CITY OF PALM DESERT DESERT WILLOW GOLF RESORT GOLF COURSE IRRIGATION SUPPLIES FOR FYE 2013 CONTRACT NO. C 32110 PROJECT NO. 841-13 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 23rd day of August 2012, by and between THE DESERT WILLOW GOLF RESORT, a municipal corporation, hereinafter referred to as "DWGR," and High Tech Irrigation, Inc., herein referred to as "Contractor." WITNESSETH: WHEREAS, on August 23, 2012, the Palm Desert City Council authorized City staff to negotiate with Contractor for golf course irrigation products for FYE 2013 for the Desert Willow Golf Resort; and WHEREAS, on August 23, 2012, the Palm Desert City Council determined that the golf course irrigation supplies must be sole sourced; and WHEREAS, pursuant to said negotiation, Contractor submitted a unit pricing proposal for golf course irrigation supplies, which was accepted by DWGR for said services; and WHEREAS, Contractor states that it has re-examined its contractor's proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite materials, skills, and forces, and has examined the site and Agreement for the money set forth in its proposal to be paid as provided in the contract documents; 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 date of execution of this instrument through June 30, 2013 or to such later date as may be agreed in writing between parties. Unit pricing shall be effective from date of execution of this Agreement through June 30, 2013. (2) DWGR'S OBLIGATIONS For furnishing services, as specified in this Agreement, DWGR will pay and Contractor shall receive in full compensation, therefore the total sum not to exceed fifty-five thousand dollars ($ 55,000) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by 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 services and to do everything required by this Agreement. Page 1 of 7 Contract No. C 32110 (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless the Desert Willow Golf Resort and City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of its connection with, or relating in any manner to, any act or omission of Contractor, its agents, employees, subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. Contractor shall thoroughly investigate any and all claims and indemnify DWGR and City and do whatever is necessary to protect the DWGR and City of Palm Desert, its officials, officers, employees, agents, 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 Contractor and approved by the City Council of the City of Palm Desert. (6) TERMINATION If, during the term of this Agreement, the DWGR or City determines that Contractor is not faithfully abiding by any term or condition contained herein, DWGR or City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a three-day period 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 three (3) days specified in the notice, such shall constitute a breach of this Agreement and DWGR or City may terminate this Agreement immediately by written notice to 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 except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, 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 the Notice of Termination, minus any offset from such payment representing the DWGR or City's damages from such breach. DWGR and City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the DWGR and City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE The Unit Pricing Schedule (Exhibit A); Addendum Nos. none;; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City -issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement Page 2 of 7 Contract No. C 32110 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) BINDING AGREEMENT This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. (10) CALIFORNIA LABOR CODE COMPLIANCE Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Further to the performance of the terms of this Agreement, 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. (11) 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. (12) 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 DESERT WILLOW GOLF RESORT: Attention: Derek White DESERT WILLOW GOLF RESORT 38-995 Desert Willow Drive Palm Desert, CA 92260 IF TO CONTRACTOR: Attention: John Morehouse High Tech Irrigation, Inc. 80975 Indio Boulevard, Building A Indio, CA 92201 (13) 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. Page 3 of 7 Contract No. C 32110 (14) AUTHORITY TO EXECUTE AGREEMENT Both DWGR and Contractor do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: By: Title: Printed name Signature (to be notarized) FOR DWGR/CITY BY: JOHN M. WOHLMUTH CITY MANAGER Palm Desert, California (Signature to be notarized) APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY ATTEST: RACHELLE D. KLASSEN CITY CLERK Palm Desert, California APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS Page 4 of 7 Contract No. C 32110 CONTRACTOR ACKNOWLEDGMENT 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 CITY ACKNOWLEDGMENT State of California ) ) SS. County of Riverside ) (seal) On , 20 , before me, a Notary Public, personally appeared f 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) Page 5 of 7 Contract No. C 32110 EXHIBIT A — UNIT PRICING SCHEDULE Page 1 of 2 P R I C E Q U O T AT I ON HIGH TECH IRRIGATION, INC DESERT BRANCH 80-975 INDIO BLVD BLDG A INDIO CA 92201 Page 1 Printed At : 12:10:07 01 AVG 2012 Date Quote No. Quota Expiration Date Writer Sism WH LQUote 1/12 163159 OSI31/12 JR 8 Quoted To:DESEWILGOL DESERT WILLOW GOLF RESORT PERMIT M33-05-3340380 38-995 DESERT WILLOW DR PALM DESERT CA 92260 Quotation Note: Ship TO:DESEWILGOL DESERT WILLOW GOLF RESORT PERMIT N33-05-3340380 38-995 DESERT WILLOW DR PALM DESERT CA 92260 Order Net Ext Ln Quant EDP Code / Description Price UM Price 1 ------------------------- 2 BELOW ON COMPLETE HEADS - 3 YOU GET 43% OFF... PRICE BELOW 4 REFLEXS THAT ...... 5 ------------------------------ 6 1 GRC101736 NEW 751E PC/FC 038 70PSI ACME 170.430 EA 170.43 7 i GRC001736 NEW 700E F.C. M36 70 PSI ACME 149,340 EA 149.34 8 -- --------------------------- 9 RAIN BIRD PARTS IS 21.1% OFF 10 PRICE BELOW REFLEXS THAT. 11 ----------------------------- 12 1 21475138 NEW 751 INTERNAL ASSY N36 75.271 EA 75.27 13 1 21470036 NEW 700E INTERNAL ASSY M36 84.398 EAJ222.85 14 1 211468 EAGLE 700/750 VALVE ASSY ELEC 9.000 EA 15 1 212150 PRS/SEL RPK-DR/EGL POST 4-1-01 29.651 EA 16 1 211607 !7 TUBING KIT EGL/DR (20 PACK) 22.849 EA 18 ----------------------------- 19 RAIN BIRD TOOLS IS 24% OFF 20 PRICE BELOW REFLEXS THAT. 21 ----------------------------- f CONTINUED ■ 2-d 9Lee ELL 09L aoueuazuieW eg5:60 aT 20 gnu Page 6 of 7 Page : 2 Contract No. C 32110 EXHIBIT A — UNIT PRICING SCHEDULE Page 2 of 2 PRICE QUOTATION HIGH TECH IRRIGATION, INC DESERT BRANCH 80-975 INDIO BLVD BLDG A INDIO CA 92201 Printed At : 22:10!07 01 AM 9n » Quote Date 08/O1/12 Quote No. 163159 Quote Expiration Date 08/31/12 Writer JR S16m 8 WH i '° {'``' "' ''•'' "`"`" Quoted To:DESEWILGOL DESERT WILLOW GOLF RESORT PERMIT M33-05-3340380 38-985 DESERT WILLOW DR PALM DESERT CA 92280 Quotation Note: Ship To:DESEWILGOL DESERT WILLOW GOLF RESORT PERMIT #33-05-3340380 38-995 DESERT WILLOW DR PALM DESERT CA 92260 Ln Order Quant EDP Code / Description Net Price UM Ext Price 22 1 EGL-SVK RB VIH SELECTOR KEY -PLASTIC 9.880 EA 9.88 23 1 D02215 RB 7" SELECTOR VALVE KEY 21.280 EA 21.28 24 1 D02236 SNAP RING PLIERS EAGLE 700/750 52.440 EA 52.44 25 B41710 26 VLV. INSE LE 700/750 - ------------------- 76.000 EA '76.00 27 HARD TO PROJECT PRICE - 28 INCREASES..... 29 BUT I HOPE THIS HELPS..... 30 -------------------------- E-d 9LBE ELL 09L aoueuaxulaw eas:so ZI ao Zed Page 7 of 7 July 31st, 2012 Heather Buck City of Palm Desert Palm Desert, CA. Dear Ms. Buck: Thank you for your interest in Rain Bird Irrigation products. Rain Bird Golf products are distributed through local independent distributors equipped to assess your requirements, develop specifications, and provide necessary service and support. Rain Bird Golf distributors sell and service Rain Bird Golf products in specific regions. The only current Rain Bird Golf irrigation distributor in Southern California is High Tech Irrigation. Rain Bird reserves the right, without notice, to expand or change its local distributors as marketing and business conditions warrant. If you have any questions or concerns, please do not hesitate to call me at (520) 204-7775. Thank you, Doug Foucheaux Regional Manager — Western USA Rain Bird Corporation Golf Division 6991 E. Southpoint Road Tucson, AZ 85756 520-204-7775 mobile www.rainbird.com Rain Bird Corp. — Golf Division 6991 E. Southpoint Rd, Tucson, AZ 85706 Phone: (620) 741-6100