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