The URL can be used to link to this page

Home My WebLink AboutC32890 - DWGR Irrigation Supplies 841-14 Contract No. C32890 CITY OF PALM DESERT PUBLIC WORKS STAFF REPORT REQUEST: AUTHORIZATION TO PURCHASE GOLF COURSE IRRIGATION SUPPLIES (CONTRACT NO. C��Rqn ) FROM HIGH TECH IRRIGATION, INC., OF INDIO, CALIFORNIA, FOR THE DESERT WILLOW GOLF RESORT FOR FISCAL YEAR ENDING (FYE) JUNE 30, 2014, IN AN AMOUNT NOT TO EXCEED $75,000 (PROJECT NO. 841-14) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: High Tech Irrigation, Inc. 80975 Indio Boulevard, Building A Indio, California 92201 DATE: June 13, 2013 CONTENTS: Agreement 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., of Indio, California, (Contract No. C 32g90 ) for FYE June 30, 2014, in an amount not to exceed $75,000 (Project No. 841-14); 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. Backqround The Desert Willow Golf Resort has an existing Rain Bird irrigation system on both golf courses. On January 12, 2012, City Council approved High Tech Irrigation, Inc., as the sole provider of Rain Bird golf course irrigation products in this region due to an exclusive agreement with Rain Bird Corporation (updated letter attached for your Contract No. C32890 Staff Report Authorization to Purchase Golf Course Irrigation Supplies from High Tech Irrigation Page2of2 June 13, 2013 reference). The irrigation supplies are required to service the existing irrigation system at the Desert Willow Golf Resort, and provide for the everyday functionality of the system and productivity of the courses. Staff has reviewed the attached letter and requests authorization for the Desert Willow Golf Resort to purchase golf course irrigation supplies from High Tech Irrigation, Inc., for FYE June 30, 2014. Fiscal Analvsis The actual quantities of golf course irrigation supplies purchased for FYE 2014 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 $75,000 from July 1, 2013, through June 30, 2014. The Desert Willow golf course superintendent is responsible for the determination of the need and use of the irrigation supplies. Contingent upon City Council's approval of the City's Annual 2013/14 Budget, no appropriation is anticipated. Prepared By: .�� /��il'A�I� � ,(V Heather Buck, Project Coordinator in Alvarez Director of Economic Development Reviewed: Depart t e d: i H. Spencer Kni ht, Landscape Manager Mark Gre n ood, P.E. ,,.- Director ublic Works ;�'� crr�rcovxc�z�ox APPROVED nENiE� Pa S. Gibson, Director of Finance �CEIVED OTHER MEET � n Ap ov : AYES NOES: ABSENT: � ABSTAIN: Jo M. Wohlmuth, City Manager VERIFIED BY: k Original on File wtt6 City rk's O�ce G:\PubWorks�.Sta(f Reports�2013Uune 13\t t DW Golf Course Irrigation Supplies\SR-SoleSource for Irrigation Supplies FYE2014.doc Contract No. C32890 CITY OF PALM DESERT DESERT WILLOW GOLF RESORT GOLF COURSE IRRIGATION SUPPLIES FOR FYE 2014 CONTRACT NO. C PROJECT NO. 841-14 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 Hiqh Tech Irriqation, Inc., herein referred to as "Contractor." WITNESSETH: WHEREAS, on June 13, 2013, 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 June 13, 2013, 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, 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, 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 seventy-five thousand dollars ($ 75,000) 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 6 Contract No. C �2R9n (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless Kemper Sports Management (Kemper), 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) 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 6 Contract No. C 32890 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 IF TO CONTRACTOR: GOLF RESORT: Attention: Derek White DESERT WILLOW GOLF RESORT High Tech Irrigation, Inc. 38-995 Desert Willow Drive 80975 Indio Boulevard, Building A Palm Desert, CA 92260 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 6 Contract No. C32890 (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: gy; Title: Printed name Signature (to be notarized) FOR DWGR/CITY BY: ATTEST: JOHN M. WOHLMUTH RACHELLE D. KLASSEN CITY MANAGER CITY CLERK Palm Desert, California Palm Desert, California (Signature to be notarized) APPROVED AS TO FORM: APPROVED AS TO CONTENT: DAVID J. ERWIN MARK GREENWOOD, P.E. CITY ATTORNEY DIRECTOR OF PUBLIC WORKS Page 4 of 6 Contract No. C �2890 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 (seal) CITY 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 (seal) Page 5 of 6 Contract No. C'i2890 EXHIBIT A— UNIT PRICING SCHEDULE P R I C E Q U 0 T A T I O N HIGH TECH IRRIGATION, INC DESERT BRANCH 80-975 INDIO BLVD BLDG A INDIO CA 92201 Page : 1 Printed At : 14:40:19 21 MAY 2013 Quote Date Quote No. Quote Expiration Date Writer Slsm WH 05/21/13 166850 06/20/13 JR 8 1 __ Quoted To:DESEWILGOL-OOU1 Ship To:DESEWILGOL-0001 DESERT WILLOW GOLF RESORT GOLF MAINT PERMIT tt33-05-3340380 38-995 DESERT WILLOW DR PALM DES£RT CA 92260 � Quotation Note: Order Net Ext Ln Quant EDP Code / Description Price UM Price 1 1 21470036 NEW 700E INTERNAL ASSY 4�36 68.903 EA 68.90 2 1 21975136 NEW ?52 INTERNAL ASSY tt3B 80.541 EA 80.54 3 1 211466 EAGLE 700/750 VaLVE ASSY ELEC 46.780 Ea 46.78 4 1 GRC151736 NEW 751E PC/FC M36 70PSI ACME 182.360 EA 182.36 5 1 GRCd51736 NIEW ?OOE F.C. #36 70 PSI ACME 159.794 EA 159.79 6 1 MSC+RPR RB MSC+ BASIC BOARD REPAIR 285.000 EA 285.00 7 1 DCHIP RAIN BIRD DS1243Y CHIP 159.960 EA 159.96 8 1 XB20PC1032 2 GPH EMITTER THREADED (RED1 0.307 EA 0.31 9 1 NU202020 _ � Sub-Total 31,011.80 Tax 360.94 Quotation Total $1,092.79 Page 6 of 6 April 22, 2013 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 Senior Regional Manager— 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