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HomeMy WebLinkAboutC32290 Fertilizer Products for Desert Willow Golf Resort 843-13Contract No. c32290 CITY OF PALM DESERT PUBLIC WORKS STAFF REPORT REQUEST: AUTHORIZATION TO PURCHASE FERTILIZER PRODUCTS FROM CROP PRODUCTION SERVICES, SAN JACINTO, CALIFORNIA, (CONTRACT NO. C 32290 ) FOR THE DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $212,693.11 (PROJECT NO. 843-13) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Crop Production Services 801 S. Grand Avenue San Jacinto, California 92582 DATE: September 27, 2012 CONTENTS: Contract No. C 32290 Recommendation By Minute Motion: 1. Reject the apparent low bid and declare the bid non -responsive; 2. Authorize the Desert Willow Golf Resort to purchase fertilizer products from Crop Production Services, of San Jacinto, California, (Contract No. C 32290 ) for the Desert Willow Golf Resort in an amount not to exceed $212,693.11 (Project No. 843-13); and 3. Authorize the Mayor to execute the contract. Funds are available in Course and Grounds Expenses, Account No. 520-4195-495-8031. Background On August 11 and August 17, 2012, the Notice Inviting Sealed Bids for the fertilizer products for the Desert Willow Golf Resort was published in The Desert Sun. The bids were opened on September 6, 2012, with a total of four bids received. The Specifications incorporated the solid, liquid, and soluble fertilizer needs of the Desert Willow Golf Resort. Below is a summary of the bid results: Staff Report Award Contract No. C 23 290 to CPS for Fertilizer Products for the DWGR, Project No. 843-13 September 27, 2012 Page 2 of 2 CIPM10"y Location Bid Amount High Tech Irrigation Palm Desert, CA $158,525.90 Crop Production Services San Jacinto, CA $212,693.11 Turfmaker, Inc. Chula Vista, CA $216,515.01 Simplot Partners Palm Desert, CA $230,590.60 High Tech Irrigation, the apparent low bidder, proposed products which do not meet the specifications listed in the bid documents. The City Attorney recommends that the apparent low bid be deemed non -responsive based on submission of unapproved products. Crop Production Services (CPS), San Jacinto, California, submitted the next lowest bid, and its products meet the specifications listed in the bid documents. Fiscal Analysis The actual quantities of the fertilizer purchased for Fiscal Year Ending 2013 will be on an as -needed basis dependent on many factors directly related to the turf and soil conditions. The Desert Willow golf course superintendent is responsible for the determination of the application and use of the fertilizers. No appropriation is required; funding is available in the current budget. Prepared By: H a er Buck, Project Coordinator Reviewed: I:11619 Landscape Manager ` � U Paul S. Gibson, Director of Finance M. Wohlmuth, City Manager akin Alvarez Director of Economic Development Dep Mark GreW66d, P.E. Director of Public Works CITYCOUNCIL APPROVED ✓✓ DENIED RECEIVED OTHER MEET G DA' t �- AYES NOES: ABSENT: 01 �..�_.._ ABSTAIN: VERIFIED BY: Original on File with Ci lerk's Office G:\PubWorks\Staff Reports\2012\September 27\03 Award Desert Willow Fertilizer 843-13\SR-DW Fertilizer 843-13.doc Contract No. C32290 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this 27th day of September, 2012, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and Crop Production Services hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, the CITY invited bids for material(s) for the Desert Willow Golf Resort per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid, which was accepted by CITY 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 September 27, 2012 through June 30, 2013 or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS. For furnishing material(s), as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in compensation, therefore an amount not to exceed two hundred twelve thousand six hundred ninety-three dollars and eleven cents ($212,693.11) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by the CITY. (3) CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY 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, 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 CONTRACTOR, his agents, employees, and subcontractors and employees thereof in connection with the performance or non- performance of this Agreement. The CONTRACTOR shall thoroughly (1) Contract No. q investigate any and all claims and indemnify the 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. (6) TERMINATION. If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give 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 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. 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 CITY's Notice of Termination, minus any offset from such payment representing the CITY's damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the 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 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 Contractor's Bid; (e) The General Specifications; (f) The Standard Specifications as modified in other portions of the Contract Documents; (g) Exhibit(s); (h) Addenda Nos. 1; (i) Any Change Orders issued; Q) 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 proper issuance of their documents they shall likewise be deemed incorporated. (2) Contract No. (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, 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 City: If to Contractor: Office of the City Clerk Bob Riehle City Of Palm Desert Crop Production Services 73-510 Fred Waring Drive 801 S. Grand Avenue Palm Desert, CA 92260 San Jacinto, CA 92582 (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 CITY and CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. (3) Contract No. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CONTRACTOR: CROP PRODUCTION SERVICES By: Attest By: Signature to be notarized Title: Title: OWNER: CITY OF PALM DESERT By: Attest By: Robert A. Spiegel Title: Mayor APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director of Public Works/ Rachelle D. Klassen Title: City Clerk APPROVED AS TO FORM: David J. Erwin, City Attorney (4) Contract No. CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } 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 NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) 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) (5)