The URL can be used to link to this page

Home My WebLink AboutC32880 - DWGR Fertilizer Prdcts 840-14Contract No. C,�� CITY OF PALM DESERT PUBLIC WORKS STAFF REPORT REQUEST: AUTHORIZATION TO PURCHASE GREENS FERTILIZER PRODUCTS FROM SOUTHWEST TURF SUPPORT, LLC, OF PHOENIX, ARIZONA, (CONTRACT NO. C328so ) FOR DESERT WlLLOW GOLF RESORT FOR FISCAL YEAR ENDING (FYE) JUNE 30, 2014, IN AN AMOUNT NOT TO EXCEED $108,000 (PROJECT NO. 840-14) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACT4R: Southwest Turf Support, LLC PO Box 72866 Phoenix, Arizona 85050 DATE: June 13, 2013 CONTENTS: Agreement Recommendation By Minute Motion: 1. Authorize the Desert Wiilow Golf Resort to purchase greens fertilizer products from Southwest Turf Support, LLC, of Phoenix, Arizona, (Contract No. C�2aso ) for the Desert Willow Golf Resort for FYE June 30, 2014, in an amount not to exceed $108,000 (Project No. 840-14); 2. Authorize the City Manager to execute the contract. Contingent upon approval of the City's Annual 2013/14 Budget, funds will be available in Course and Grounds Expenses, Account No. 520-4195-495-8031. Back4round The greens at the Desert Willow Go(f Resort require a specialized fertilizer manufactured by the Floratine Products Group. On September 29, 2011, City Council determined that the sole provider for Floratine Products Group for Riverside County is Southwest Turf Support, LLC. Contract N0. C32880 Staff Report Authorization to Purchase Greens Fertilizer Products from Southwest Turf Support, LLC Page 2 of 3 June 13, 2013 Therefore, the Desert Willow Golf Resort is requesting authorization to purchase the greens fertilizer for Fiscal year 2013-2014 from Southwest Turf Support, LLC. Golf course putting greens receive a scheduled program of products based on physical soil analysis throughout the year, keeping putting green health at its optimum. The products are applied as a mixed solution through liquid fertilizer applications. The mixed solution used consists of several products based on the specific needs of the turf during any particular growing season. The specific need is determined through soil and tissue testing. The flexibility of this structure is vital in providing superior putting quality as well as controlling pathogens, insect populations, and weed invasion. This process allows for different custom-blended mixes throughout the year calibrated to the current condition of the course, weather, or golf activity. There are several distinguishing characteristics that are unique to Floratine products: • They address the total health needs of the turf. Other companies address only turf growth rate and aesthetics. • These products are designed for use with non-potable irrigation water. • The products are designed specifically for use on golf courses. • The products provided contribute to efficiency of turf maintenance. Floratine products have a long track record of being used on golf course putting greens and are used on several other Coachella Valley golf courses with similar conditions, including, but not limited to: SilverRock Resort (La Quinta) The Springs Country Club (Rancho Mirage) The Citrus Club at La Quinta Resort (La Quinta) Floratine products are flexible in addressing specific forms of plant stress brought on by the extreme desert environment, non-potable water use, and physical impact of the game of golf. Other companies do not have the variety of products to address each form of plant stress. Fiscal Analvsis The actual quantities of the greens fertilizer products purchased for FYE June 30, 2014, will be on an as-needed basis dependent on many factors directly related to the turf and G:\PubWorks\Staff Reports�2013\June 13\09 DW Greens FeRilizer\SR - DW Sole Source Fertilzer FYE 2014.doc Contract No. C32880 Staff Report Authorization to Purchase Greens Fertilizer Products from Southwest Turf Support, LLC Page 3 of 3 June 13, 2013 soil conditions. The Desert Willow Golf Resort golf course superintendent is responsible for the determination of the apptication and use of the fertilizers. The projected cost for greens fertilizer products is $108,000 for July 2013 through June 2014. Contingent upon City Council's approval of the City's Annual 2013/14 Budget, no appropriation is anticipated. Prepared By: ��.C�i�.�%r.•�--� �� Heather Buck, Project Coordinator rtin Alvarez � Director of Economic Development Reviewed: � H. Spencer Knigh�, Landscape Manager P� S. Gibson, Director of Finance A r val: � n M. VGohlmuth, City Manager Depart�� ea�l: / � Mark Gr e od, P.E. Director f ublic Works� CITYC4UNCILA�'i'ION APPROVED v 1i�� r � e,'., RECEIVED OTHER 1V1EET .0 - �•�` , AYES; 1 . � � !n/ ". NOES: � 1� ABSENI: � ABSTAIN: �-� � VERIFIED BY• �-� �%�� Original on File with C�'ty erk's Office G:\PubWorks\Staff Reports�2013\June 13\09 DW Greens FertdizerlSR - DW Sole Source Fertilzer FYE 2014.doc CITY OF PALM DESERT DESERT WILLOW GOLF RESORT GREENS FERTILIZER PRODUCTS FOR FYE 2014 CONTRACT NO. C 32880 PROJECT NO. $40-14 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 13th day of June 2013, by and between THE DESERT WILLOW GOLF RESORT, a municipal corporation, hereinafter referred to as "DWGR," and Southwest TurF Supqort, LLC, herein referred to as "Contractor." WITNESSETH: WHEREAS, on June 13, 2013, the Palm Desert City Council authorized City staff to negotiate with Contractor for greens fertilizer products for FYE 2014 for the Desert Willow Golf Resort; and WHEREAS, on June 13, 2013, the Palm Desert City Council determined that the golf course greens tertilizer must be sole sourced; and WHEREAS, pursuant to said negotiation, Contractor submitted a unit pricing proposal for greens fertilizer products, which was accepted by DWGR for said services; and WHEREAS, Contractor states that it has re-examined its contractor's proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite materials, skills, and forces, and has examined the site and Agreement for the money set forth in its proposal to be paid as provided in the contract documents; NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM The term of this Agreement shall be from date of execution of this instrument through June 30, 2014 or to such later date as may be agreed in writing between parties. Unit pricing shall be effective from date of execution of this Agreement through June 30, 2014. (2) DWGR`S OBLIGATIONS For furnishing services, as specified in this Agreement, DWGR wilf pay and Contractor shall receive in full compensation, therefore the total sum not to exceed one hundred eiqht thousand dollars ($ 108.000) as billed on a per-item monfihly 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, Page 1 of 6 Contract No. C 32880 Contractor agrees with DWGR to furnish the services and to do everything required by this Agreement. (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless Kemper Sports Management, Desert Willow Golf Resort and City of Palm Desert, their 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 Kemper, DWGR and City and do whatever is necessary to protect Kemper, DWGR and City of Palm Desert, their 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) TERMINQTION 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. !f 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 pertormed 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. Page 2 of 6 Contract No. C �?�80 (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) 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: IF TO CONTRACTOR: Attention: Derek White DESERT WILLOW GOLF RESORT 38-995 Desert Willow Drive Palm Desert, CA 92260 Attention: John Morehouse Southwest Turf Support, LLC PO Box 72866 Phoenix, AZ 85050 (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 6 Contract No. C3288Q (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: Printed name Signature (to be notarized) FOR DWGR/CITY BY: rit�e: ATTEST: JOHN M. WOHLMUTH CITY MANAGER Palm Desert, California (Signature to be notarized) APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY RACHELLE D. KLASSEN CITY CLERK Palm Desert, California APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS Page 4 of 6 Contract No. C 32880 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 .� 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 6 Contract No. C 32880 Number 10000 10010 10030 10040 10050 10119 10120 10329 10160 10181 10253 10070 10186 10104 10080 10208 10134 10090 10100 10105 10131 10130 10106 10107 10286 10276 10281 10290 10121 10295 10101 10135 10325 10102 10132 10133 10122 10103 10111 10112 19129 19531 19121 19223 19013 19113 EXHIBIT A — UNIT PRICING SCHEDULE 1�1I SWTS Southwest Turf Support Product ASTRON CALPHLEX DEFENSE MAG DEFENSE MAN FLORADOX PRO FP-747 GERMINEX TALC NUTRIFOAM PRO JUMP START HIGH FIVE IRON MAID KNIFE PLUS LARGO LARGO DRUM MAXIPLEX OXYFLOR P-48 PELLET PRO (applicator) PER 4 MAX PERK UP PERVADE PERVADE MAX PELLETS PERVADE MAGNUM PELLETS PHLEX MAG PHLEX MAN POWER 0-0-22 POWER 23-0-0 + Mo POWER 24-0-0 + Mo POWER 0-22-28 PK FIGHT 0-0-28 PROPEL PROTESYN QUAD K RAIDER PLUS RENAISSANCE RETAIN MAGNUM PELLETS RETAIN MAX PELLETS RETAIN PRO THATCH BUSTER TRICAL 35 TURGOR GroPower PG 11-2-9 GroPower PG 5-3-1 Armor Tech GREEN SHADE Armor Tech PAC 223 Armor Tech PGR 113 MC Armor Tech PGR 113 MC Unit Size Units/Case 1 Qty. Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Pound 4 x 3.5 14 Pound 4 x 1.5 6 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Pound 2 x 2 4 Oz 12x17 Gallon 2 x 2 1/2 5 Gallon 55 gal 55 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Gallon 55 gal 55 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Pound 1 x 25 25 1 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Pellet 12 x 1 12 Pellet 2 x 1 2 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Gallon 55 pal Gallon 2 x 2 1/2 5 Pound 1 x 44 44 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Pellet 2 x 1 2 Pellet 12 x 1 12 Gallon 2 x 2 1/2 5 Gallon 2 x 2 1/2 5 Pound 1 x 1515 Gallon 2 x 2 1/2 5 Pound 40 x 50 lb. Pound 40 x 50 Ib. Quart 12 x 1 Gallon 4 x 1 Gallon 2 x 1 Gallon 5 x 2 1/2 Case/Drum Price $465 $255 $180 $145 $500 $220 $205 $240 $430 $850 $260 $250 $2.500 5185 $480 $205 $100 $415 $460 $220 $155 $190 $220 $220 $190 $170 $170 $320 $320 $900 $270 $185 $200 $255 $195 $165 $370 $625 $90 $220 51,920 $1,400 12 I $450 4 51,360 25 I $480 $1,100 Page 6 of 6