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HomeMy WebLinkAbout17-20 CC Resolution RESOLUTION NO. 17-20 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AGREEMENT WITH FIELDTURF USA, INC., FOR THE PATRICIA H. BIRDSALL SPORTS PARK SYNTHETIC TURF REPLACEMENT, PW15-08 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council does hereby find, determine and declare that: A. The proposed agreement provides for the replacement of synthetic turf on the four athletic fields at Patricia H. Birdsall Sports Park. B. State of California Department of General Services (DGS) established the California Multiple Award Schedule (CMAS) purchasing program. The DGS manages and establishes costs for purchasing through CMAS using competitive bid and offer processes from various product manufacturers. Through this state managed CMAS competitive procurement and award process, public agencies are able to rely on the procurement processes of CMAS and purchase products directly from the manufacturer. Temecula Municipal Code Section 3.28.090 provides that the formal ' bidding process of Chapter 3.28 is not required for any agreement involving acquisition of supplies, equipment or services entered into with another governmental entity, such as the CMAS program of the California Department of General Services. C. The installation of the synthetic turf involves very specialized installation techniques and may be performed only by the manufacturers own certified employed crews. The product warranty is not valid if the synthetic turf is installed by anyone other than the manufacturers own certified employed crews and is therefore integral to the product warranty. The cost of the installation does not exceed the cost of the synthetic turf product being installed. Therefore, the installation of the synthetic turf is not subject to public works bidding procedures because the installation is specialized and integral to the warranty and purchase of the product. D. Based on the findings set forth in this Resolution concerning the specialized installation requirements and installation being integral to the product and its warranty, it would not be in the public interest to require competitive bidding for the installation of the synthetic turf. Competitive proposals work an incongruity and are unavailing as affecting the final result. Competitive proposals would not produce any advantage to the City. It is practically impossible to obtain what is required and to observe such form. Section 2. The City Council hereby approves that certain agreement between the City and FieldTurf USA, Inc. in the form of the FieldTurf CMAS Quote dated March 3, 2017 that incorporates by reference the State of California Multiple Awards Schedule (CMAS) Contract No. 4-06-78-0031A, and all addenda, terms and conditions, general Resos 17-20 1 provisions, special provisions, attachments and exhibits attached thereto, for the ' purchase and installation of synthetic sports turf, in the amount of $1,678,411, for the Patricia H. Birdsall Sports Park Synthetic Turf Replacement project, PW15-08 and authorizes the City Manager to execute said Agreement in substantially the form submitted to the City Council and substituting the "City" for "State Agency." The City Council further authorizes the City Manager to approve change orders not to exceed the contingency amount of$167,841.10, which is equal to 10% of the contract amount. Section 3. The City Manager is authorized and directed to take all actions necessary and convenient to implement the agreements and work described in this resolution and the Agreement and to enter into such additional agreements or Amendments to the Agreement as may be necessary and convenient to implement the Agreements. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of March, 2017. Maryann Edwards, Mayor ATTES Ran I, City Clerk [SEAL] 1 Resos 17-20 2 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17-20 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of March, 2017, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart, Edwards NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ' Randi Johl, City Clerk Resos 17-20 3