HomeMy WebLinkAboutC33710 - DWGR - Golf Course Irrigation Supplies 841-15 Contract No. C 33710
CITY OF PALM DESERT
PUBLIC WORKS
STAFF REPORT
REQUEST: AUTHORIZATION TO PURCHASE GOLF COURSE IRRIGATION
SUPPLIES (CONTRACT NO. C 33710 ) FROM HIGH TECH
IRRIGATION, INC., OF INDIO, CALIFORNIA, FOR THE DESERT
WILLOW GOLF RESORT FOR FISCAL YEAR ENDING (FYE)
JUNE 30, 2015, IN AN AMOUNT NOT TO EXCEED $84,000
(PROJECT NO. 841-15)
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 12, 2014
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 33710 ) for
FYE June 30, 2015, in an amount not to exceed $84,000 (Project No.
841-15);
2. Authorize the City Manager to execute the contract.
Contingent upon approval of the City's Annual 2014/15 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 reference).
CONTRACT NO. C33710
Staff Report
Authorization to Purchase Golf Course Irrigation Supplies from High Tech Irrigation
Page 2 of 2
June 12, 2014
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, 2015.
Fiscal Analysis
The actual quantities of golf course irrigation supplies purchased for FYE 2015 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 $84,000 from July 1, 2014, through June 30, 2015.
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 2014/15 Budget, no appropriation is anticipated.
Prepared By:
eather Buck, Project Coordinator artin Alvarez
Director of Economic Development
Reviewed: Depa en H ad:
H. Spencer Knight, Landscape Manager Mark Gr e ood, P.E.
Director f ublic Works
�G�`' � CITY COUNCIL A�ETION
rl�L APPROVED � DFNiFD
RECEIVED OTHER
Paul S. Gibson, Director of Finance
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MEET DAT
App al: AYF,S: � ^ � 1 � '/' /Ct�ll
NOES:
ABSENT:
.,
ABSTAIN:
J M. Wohlmuth, City Manager VF,RIF[CD I3Y:
Original on File with City rk's Office
G:\PubWorks\Staff Reports�2014\June 12\09 Authorize Purchase of Desert Willow Golf Course Irrigation Supplies\SR-SoleSource for Irrigation Supplies FYE2015.doc
Contract No. C33710
CITY OF PALM DESERT
DESERT WILLOW GOLF RESORT
GOLF COURSE IRRIGATION SUPPLIES FOR FYE 2015
CONTRACT NO. C 33710
PROJECT NO. 841-15
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this 12th
day of June 2014, by and between THE DESERT WILLOW GOLF RESORT, a
municipal corporation, hereinafter referred to as "DWGR," and Hiqh Tech Irrigation, Inc.,
herein referred to as "Contractor."
WITNESSETH:
WHEREAS, on June 12, 2014, the Palm Desert City Council authorized City staff to
negotiate with Contractor for golf course irrigation products for FYE 2015 for the Desert
Willow Golf Resort; and
WHEREAS, on June 12, 2014, 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, 2015 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, 2015.
(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 eightv-four thousand dollars ($ 84,000) as
billed on a per-item monthly basis as set forth in the Contract Documents and
adopted by DWGR.
Page 1 of 6
Contract No. C 33710
(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.
(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.
Page 2 of 6
Contract No. C 33710
(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 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:
Page 3 of 6
Contract No. C33710
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.
(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: 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 33710
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 33710
EXHIBIT A— UNIT PRICING SCHEDULE
**Prices Subject to change on a monthly basis**
rage: � oz c .�..,,� .�.... .........�...,.. --� --� ---- -- -- - -
P R I C E Q U O T A T I O PI
HIGH TECH IRRIGATION, INC
DESERT BRANCH
80-975 INDIO BLVD HLDG A
INDIO CA 92241
Page : 1 Printed At : 12:32:16 15 MAY 2014
Quote Date Quote No, Quote Expiration Date Writer Slsm WH
05/15/14 171144 06/14/14 JR 8 1
@uoted To:DESEWILGOL-0001 Ship To:DESEWILGOL-0001
DESERT WILLOW GOLF RESORT GOLF MAINT
PERMIT p33-15-3305310
38-995 DESERT WILLOW DR
PALM DESERT CA 92260
Quotation Note:
Order IVet Ext
Ln Quant EDP Code / Description Price UM Price
1 1 21470036
NEW 700E INTERNAL ASSY t#36 72.351 EA 72.35
2 1 21475136
NEW 751 INTERNAL ASSY 4#36 84.573 EA 84.57
3 1 211466
EAGLE 700/750 VALVE ASSY ELEC 49.115 EA 49.12
4 1 CRC151736
NEW 751E PC/FC q36 70PSI ACME 191.480 EA 191.48
5 1 GRC051736
NEW 700E F.C. q36 70 PS] ACME 16?.785 EA 167.79
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 . %820PC1032
2 GPH EMITTER THREADED (REDI 0.322 EA 0.32
Sub-Total 31,010.59
Tax $80.85
Quotation Total $1,091.44
Page 6 of 6
April 17, 2014
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
(602) 319-9758.
Thank you,
Kirk Hardin
District Sales Manager— Southwest
Rain Bird Corporation
Golf Division
6991 E. Southpoint Road
Tucson, AZ 85756
602 319-9758 mobile
www.rainbird.cam
Rain Bird Corp.—Golf Division
6991 E. Southpoint Rd,Tucson,AZ 85706 Phone:(620)741-6100