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Home My WebLink AboutC33640 - DWGR Fertilizer Prdcts 843-15 Contract No. C33640 CITY OF PALM DESERT PUBLIC WORKS STAFF REPORT REQUEST: AUTHORIZATION TO PURCHASE FERTILIZER PRODUCTS FROM CROP PRODUCTION SERVICES, SAN JACINTO, CALIFORNIA, (CONTRACT NO. C33640) FOR THE DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $213,708.24 (PROJECT NO. 843-15) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works VENDOR: Crop Production Services 801 S. Grand Avenue San Jacinto, California 92582 DATE: July 10, 2014 CONTENTS: Bid Proposal Contract No. C33640 Recommendation By Minute Motion: 1. Authorize the Desert Willow Golf Resort to purchase fertilizer products from Crop Production Services, of San Jacinto, California, (Contract No. C33640) for the Desert Willow Golf Resort in an amount not to exceed $213,708.24 (Project No. 843-15); and 2. Authorize the Mayor to execute the contract. Funds are available in Course and Grounds Expenses, Account No. 520-4195-495-8031. Strateqic Plan Obiective On-going maintenance of the Desert Willow Golf Resort's golf courses sustains one of the City's premier recreational facilities. By preserving and enhancing this facility, the City furthers its goals of continuing the high quality of life that our residents and visitors expect, and providing recreational and exercise opportunities pervasive in all public spaces. Backqround As part of the Fiscal Year 2014/2015 budget, Desert Willow has included the anticipated costs for fertilizer in their Course and Ground budget. Staff Report Award Contract No. C33640 to Crop Production Svc for Fertilizer for DWGR, Project No. 843-15 July 10, 2014 Page 2 of 2 On June 13 and 18, 2014, the Notice Inviting Sealed Bids for the fertilizer products for the Desert Willow Golf Resort was published in The Desert Sun. The Specifications incorporated the solid, liquid, and soluble fertilizer needs of the Desert Willow Golf Resort. The bids were opened on June 25, 2014. Only one bid was received, from Crop Production Services (CPS). CPS is the current provider and their products meet the specifications listed in the bid documents. Fiscal Analysis The actual quantities of the fertilizer purchased for Fiscal Year Ending June 30, 2015, 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. He has reviewed the product data sheets and has indicated they meet the requirements for the golf course. No appropriation is required; funding is available in the current budget. Prepared By: ll��- Heather Buck, Project Coordinator Martin Alvarez Director of Economic Development Reviewed: Depart t e : � Ran ha e Mark Gre n ood, P.E. Senior Lan s p I pector Director ublic Works CITY COUNCILAQTION ��d�S� APPROVED J DENiED Paul S. Gi o , Director of Finance RECEIVED OTHER ME�T . G ATE � - ��,' Approval: AYES: , /- � NOES: � � A13SENT: � � - ✓. wo.��TH ARSTAIN: John . Wohlmuth, City Manager VF.RIFIFD BY: � � Original on File with City rk's Office \\Srv-fil2k3\groups\PubWorks\Staff Reports�2014\July 10\03 DW Golf Course Fertilizer\SR-DW Golf Course Fenilizer 843-15.docx Desert Willow Golf Resort Annual Fertilizer Purchase 2014/15 Project No. 843-15 Contract No. C33640 BID PROPOSAL Total bid amount shall be inclusive of all costs, direct and indirect, associated with providing the Fertilizer to/for Desert Willow Golf Resort. Please refer to Auqendix A for Fertilizer Specifications Descri tion uanti Unit Price Total Price Solid Fertilizer-Amounts shown in Tons 0-0-22 30 �.3 (�O = �-o Q�oo"-= 24-4-8(controiled release) 18 =' �= 18-4-9 60 4,p r-y' ��_c�� `= Saluble Fertilizer-Amounts shown in Tons Soluble Gypsum(bulk) 30 (pneumatic delivery) O � ¢0 �v �+ 28-8-18 3 Z p 7, t �`= p�,� °" 1 - 30 or 3 15-5-30 Z, i O�''= �� *circle bid item � 3 r s ` Liquid Fertilizer Products-Amounts shown in Gallons - �� W� AN 20 � �----- 4000 2 • i� �(p QC� � 10-0-10 4000 Z .s 7 j p�Z�a �= 8-8-8 4000 2, c`! Q}L v O — Liquid 6%Ca/10%S 6000 �L, �'7 °`' 0-0-25,17S 6000 �- Z�'c 2 0°= Subtotal _ �tlLL , 97�a� � �� __ _------__ .___—_ ------ - - Sales Tax 8.00% �.s 53 r3 c Z¢ Estimated deliverfes 9 N � Total Amount of Bid in Figures -- -- 2,i 3 7 e� . �� TOTAL AMOUNT OF BID IN WORDS (�,tJo ��,vd'i��rr7 eeN ((.ctl��t�� SQ�,,ed l`fu.�iCU �cSkT l,�o/I�Irs' AN� �we,..�'x -��R C�N�T . DESERT WILLOW ANNUAL FERTILIZER PURCHASE FY 2014/15: PROJECT NO. 843-15 Page 6 The total bid price is based on the anticipated annual purchase of the specified products noted above, purchased incrementally throughout the fiscal year, and the anticipated number of deliveries. A contract will be issued for the total bid however; the obligation of the Desert Willow Golf Resort will be based solely on the actual products purchased. The Desert Willow Golf Resort reserve the right to purchase additional quantities of each product, in amounts not to exceed 25%of the total quant�ties listed. WITNESS ER CONTRACTOR executed this pro sal as of date set forth below: By: �' Title: �--�s�� Signature of Contractor(Must Be Notarized) NOTARY ACKNOWL,EDGMENT State of California } }SS County of Riverside } On��/ L1N � ,��i T�20�, before me,�1 A ht A �;�C �v�.S' , a Notary Public, pe�sonally appeared �` �� ,��k 7'� r1 j � N t€ , who proved to me on the basis of satisfactory evidence to be the person�}whose name(s� is/�re-subscribed to the within instrument and acknowledged to me that he/slae�tbey� executed the same in his/hetlH�Ir authorized capacity(�es), and that by hislber�/tFteir signature(s}on the instrument the personfs}, or the entity upon behaif of which the person(�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. ��"��•a DIANA OLIVAS WITNESS my hand and offiaal seal. , , � �•;,. � Cow�.t 2063220 � r N ��,-. � e wor�Rr►ueuc•c��u N RIYENiroi Cowi+f �..___-_� �+��,,.,n" Mr Caw�.Eu.AMt.i,201t`' 5�, �J id SignatureC� �� 't �'� (Seal) DESERT WILLOW ANNUAL FERTILIZER PllRCHASE FY 2014/15: PROJECT NO.843-15 Page 7 Contract No. C33640 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 10th day of July, 2014, by and between THE DESERT WILLOW GOLF RESORT, a municipal corporation, hereinafter referred to as "DWGR", and Croq Production Services hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, the CITY invited bids for material(s) for the Desert Willow Golf Course Annual Fertilizer Purchase - Fiscal Year 2014/15; Project 843-15; Contract No. C33640, 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, 2014, through June 30, 2015, or #o 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 Two Hundred Thirteen Thousand Seven Hundred Eiqht and 24/100 Dollars ($213,708.24) 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. C33640 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. 1; (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. C33640 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: Bob Riehle DESERT WILLOW GOLF RESORT Crop Production Services 38-995 Desert Willow Drive 801 S. Grand Avenue Palm Desert, CA 92260 San Jacinto, California 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 DWGR and the CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. Contract No. C33640 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CONTRACTOR: By: 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 APPROVED AS TO FORM: APPROVED AS TO CONTENT: DAVID J. ERWIN MARK GREENWOOD, P.E. CITY ATTORNEY DIRECTOR OF PUBLIC WORKS Contract No. C33640 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)