Loading...
HomeMy WebLinkAbout06 - Approve Purchase of 14 Boats from West Coast Sailing for Marina Park Boating Program NEWPORT CITY OF e= NEWPORT BEACH CqC/F00.NP City Council Staff Report October 13, 2015 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Laura Detweiler, Recreation & Senior Services Director 949-644-3157, Idetweiler(cnewportbeachca.gov PREPARED BY: Tam Ho, Budget Analyst 949-644-3224, tho(a)newportbeachca.gov TITLE: Approve Purchase of 14 Boats from West Coast Sailing for Marina Park Boating Program ABSTRACT: Staff is requesting approval of a purchase agreement between the City of Newport Beach (City) and West Coast Sailing (WCS) to purchase 14 boats for the Marina Park Boating Program. RECOMMENDATION: Approve Sole Source Purchase with Purchase Agreement between the City of Newport Beach (City) and West Coast Sailing (WCS) for a total of $161,213.80 which includes use tax owed to the State of California. FUNDING REQUIREMENTS: This purchase will provide 12 new RS Quest 14' dinghies and two new RS Venture 164" keelboats for sailing programs, as detailed in the pricing quotes. The purchase will be funded through the FY15/16 appropriated Recreation & Senior Services Equipment Fund (Org Code 75703). DISCUSSION: Construction of Marina Park is slated to be substantially complete by December 2015. The City and The Regents of The University of California (the University) will collaboratively manage the new year-round boating program operations at Marina Park, through a cooperative agreement approved by City Council on September 8, 2015. The agreement details initial fleet purchase responsibilities for both agencies. The RS Quest and RS Venture boats are among the City's responsibility. Approve Purchase of 14 Boats from West Coast Sailing for Marina Park Boating Program October 13, 2015 Page 2 The University staff, with strong expertise in operating sailing programs, evaluated several brands of boats for the boating program with City staff. In the 14' range of boats, the University believes the RS Quest, made by RS Sailing and solely distributed in this region of North America by West Coast Sailing, is superior to competitors in terms of safety, excitement, and maintenance ease. The RS Quest specifications were matched to sailing clubs and Learn to Sail Programs across North America. It is the first modern roto-molded (i.e., made with plastic material versus fiberglass) dinghy of its size designed for club/recreational use which will substantially reduce maintenance costs. The RS Quest, at a base unit price of $6,750, offers a well-designed layout, providing opportunities to teach sailing skills (e.g., spinnaker use, advanced boat handling and racing skills) at varying levels while also providing a comfortable, stable hull for maximum security and safety. In contrast, the University has experienced lukewarm performance and ongoing maintenance issues with other comparable boats over the years. The proposed purchase will also include two RS Ventures, also made by RS Sailing and solely distributed in this region of North America by West Coast Sailing. The RS Venture, at 16'4" in length and a base unit price of $19,250, holds eight adults and is ideal for family sailing classes, semi-private lessons and corporate/group outings. The more advanced features of the RS Venture (e.g. the option of flying an asymmetrical spinnaker) enable teaching opportunities at a higher level and participation for longer durations in our programs. In addition, the RS Venture can be customized for adaptive programs, providing sailing opportunities to disabled citizens. The University is researching how to implement this option in the future, which would not be possible with competitors in the same boat size category. Based on City's purchasing policy pursuant to Council Policy F-5, purchases greater than $120,000 must be approved by City Council. Formal bidding typically applies unless there is an exception such as a sole source. In light of the analysis by the University and City staff detailed above and the fact that these RS boats are only available to be purchased in North America through West Coast Sailing, staff requests City Council's sole source approval of this purchase. Additionally, the boats in the same class as the RS Quest and RS Venture are in the same price range but do not offer the benefits as outlined. The Recreation & Senior Services Department and the University share a common mission and set of values in providing quality programs and accessibility to boating for all abilities. This fleet purchase will further enable the City to offer a well-rounded boating safety, education and recreation program in partnership with the University for beginners and the more advanced sailors. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Approve Purchase of 14 Boats from West Coast Sailing for Marina Park Boating Program October 13, 2015 Page 3 Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A - Purchase Agreement between City of Newport Beach and West Coast Sailing Attachment B -West Coast Sailing Estimate for RS Quest and RS Venture ATTACHMENT A PURCHASE AGREEMENT FOR FOURTEEN (14) RS SAILBOAT VESSELS FROM WEST COAST SAILING, INC. This Purchase Agreement ("Agreement") is entered into as of this 13th day of October, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WEST COAST SAILING, INC., an Oregon corporation ("Vendor'), whose principal place of business is 709 North Columbia, Portland, Oregon 97217. RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires two (2) RS Venture 'Keel' and twelve (12) RS Quest 'S' sailboat vessels ("Equipment"), as set forth in Exhibit A, which is attached and incorporated herein by this reference. C. Vendor has carefully reviewed and evaluated the specifications set forth by the City for the Equipment and has committed to deliver the Equipment required for the price specified in this Agreement within one hundred fifty (150) calendar days, commencing upon execution of this Agreement. D. City has solicited and received a proposal from Vendor, has evaluated the expertise of Vendor, and desires to submit an order for the Equipment under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual representations, warranties and covenants, and other terms and conditions as set forth herein, Vendor and City (each a "Party" and together the "Parties") agree as follows: 1. TERM The Term of this Agreement shall commence on the Effective Date and shall terminate on April 30, 2016 unless terminated earlier as set forth herein. 2. COMPENSATION City shall pay the purchase price as more fully described in the Pricing Proposal attached hereto as Exhibit B and incorporated herein by reference. The purchase price for Equipment, including all sales and/or use taxes, shall not exceed One Hundred Sixty One Thousand, Two Hundred Thirteen Dollars and 801100 ($161,213.80) ("Purchase Price"). West Coast Sailing, Inc. Page 1 6-4 3. ADMINISTRATION This Agreement will be administered by the City's Recreation & Senior Services Department. The Deputy Recreation & Senior Services Director, or designee, shall be the Purchase Administrator and shall have the authority to act for City under this Agreement. The Purchase Administrator or designee shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 4. DELIVERY 4.1 Delivery to City of the Equipment shall be made within one hundred fifty (150) calendar days from the execution of the Agreement. 4.2 Delivery shall be made to the City's Marina Park facility at 1600 Balboa Boulevard West, Newport Beach, CA 92663, or such other location as may be designated by City in writing. Time of delivery is of the essence in this Agreement. City reserves the right to refuse the Equipment, or part thereof, and to cancel all or any part of the Equipment not conforming to applicable specifications, samples or descriptions. City shall receive a pro-rata refund for the Equipment, or part thereof, cancelled under this Agreement, within thirty (30) calendar days of City's cancellation. Acceptance of any part of the order for Equipment shall not bind City to accept future shipments nor deprive City of the right to return Equipment already accepted at Vendor's expense. Over shipments and under shipments of Equipment shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all Equipment have actually been received and accepted in writing by the City. 4.3 Vendor shall submit all requests for extensions of time for delivery in writing to the City Purchase Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Purchase Administrator shall review all such requests and may, at his/her sole discretion, grant reasonable time extensions for unforeseeable delays that are beyond Vendor's control. 5. ACCEPTANCE/ PAYMENT Unless otherwise agreed to in writing by City, acceptance of the Equipment shall not be deemed complete unless in writing and until all the Equipment, including each part thereof, has actually been received, inspected and tested to the satisfaction of City. Once acceptance of the Equipment is complete, City shall pay Vendor within thirty (30) calendar days thereafter. 6. NOTICES 6.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 6.2 All notices, demands, requests or approvals from Vendor to City shall be addressed to City at: West Coast Sailing, Inc. Page 2 6-5 Attn: Deputy Recreation & Senior Services Director Recreation & Senior Services Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3159 Email: slevin(a)newportbeachca.gov 6.3 All notices, demands, requests or approvals from City to Vendor shall be addressed to Vendor at: Attention: George Yioulos West Coast Sailing, Inc. 709 North Columbia Portland, OR 97217 7. ENTIRE AGREEMENT This Agreement contains the entire Agreement between the Parties with respect to all matters herein, and there are no restrictions, promises, warranties, or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental agreements by any City employee or agent, shall not be valid or binding on City unless accepted in writing by the Purchase Administrator. The terms of this Agreement shall supersede any inconsistencies between this Agreement and the Exhibits hereto. 8. WARRANTY 8.1 Vendor expressly warrants that the Equipment covered by this Agreement is: 1) free of liens or encumbrances; 2) of merchantable quality and good for the ordinary purposes for which it is used; and 3) fit for the particular purpose for which it is intended. Acceptance of this Agreement shall constitute an agreement upon Vendor's part to indemnify, defend and hold City and its indemnities as identified in Section 13 below, and as more fully described in Section 13, harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the Equipment to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law. West Coast Sailing, Inc. Page 3 6-6 8.2 Vendor and manufacturer's warranties are attached hereto as Exhibit C, and incorporated in full by this reference. The Warranty Period shall commence on the date the Equipment is accepted by the City. 8.3 As of the Effective Date of this Agreement the Vendor-certified dealer/ agent for purposes of all repairs and warranty work is: West Coast Sailing, Inc., 709 North Columbia, Portland, Oregon 97217. 8.4 In the event that Vendor designates a different certified dealer/agent for the Southern California region, Vendor shall provide City with written notice of such change within ten (10) days of the change. 9. ASSIGNMENT OR SUBCONTRACTING The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Agreement nor any portion thereof may be assigned or subcontracted by Vendor without the express written consent of City. Any attempt by Vendor to assign or subcontract the performance or any portion thereof of this Agreement without the express written consent of City shall be invalid and shall constitute a breach of this Agreement. 10. TERMINATION 10.1 In the event that either Party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that Party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days after receipt of written notice of default specifying the nature of such default and the steps necessary to cure such default, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting Party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, or thereafter fails to diligently take steps to cure the default, the non-defaulting Party may terminate the Agreement forthwith by giving to the defaulting Party written notice thereof. City shall be refunded all money for Equipment not delivered and accepted by City at time of termination within thirty (30) calendar days. Cause for default shall further be defined as any breach of this Agreement, any misrepresentation or fraud on the part of the Vendor and/or filing of any petition in U.S. Bankruptcy Court or entering of Bankruptcy by Vendor. 10.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Vendor. In the event of termination under this Section, City shall pay Vendor for services satisfactorily performed and costs incurred up to the effective date of termination for which Vendor has not been previously paid. City shall be refunded all money for Equipment not delivered and accepted by City at time of termination within thirty (30) calendar days. On the effective date of termination, Vendor shall deliver to City all equipment, reports, documents and other information West Coast Sailing, Inc. Page 4 sa developed or accumulated in the performance of this Agreement, whether in draft or final form. 11. CONSENT TO BREACH NOT WAIVER No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented to such breach. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 12. REMEDIES NOT EXCLUSIVE The remedies for breach set forth in this Agreement are cumulative as to one (1) another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not preclude resort by either Party to any other remedies provided by law. 13. INDEMNIFICATION 13.1 To the fullest extent permitted by law, Vendor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials (including the negligent and/or willful acts, errors and/or omissions of Vendor, its principals, officers, agents, employees, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 13.2 Notwithstanding the foregoing, nothing herein shall be construed to require Vendor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Vendor. West Coast Sailing, Inc. Page 5 s-s 14. CHARGES AND LIENS Vendor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Vendor shall not permit any lien or charge to attach to the Equipment, but if any does so attach, Vendor shall promptly procure its release and, in accordance with the requirements of Section 15 above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto. 15. INSURANCE Without limiting Vendor's indemnification of City, and prior to commencement of work, Vendor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit D, and incorporated herein by reference. 16. CHANGE OF OWNERSHIP Vendor agrees that if there is a change or transfer in ownership of Vendor's business prior to completion of this Agreement, the new owners shall be required under terms of sale or other transfer to assume Vendor's duties and obligations contained in this Agreement and complete them to the satisfaction of City. 17. FORCE MAJEURE Vendor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Agreement caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided that Vendor gives written notice of the cause of the delay to City within forty-eight (48) hours of the start of the delay and Vendor avails itself of any available remedies. 18. CONFIDENTIALITY Vendor agrees to maintain the confidentiality of all City and City-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Agreement. All such records and information shall be considered confidential and kept confidential by Vendor and Vendors staff, agents, employees and subcontractors. 19. FREIGHT (F.O.B. DESTINATION) The Total Compensation includes shipment and delivery of Equipment to designated City location. Vendor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Agreement. West Coast Sailing, Inc. Page 6 6-9 20. TERMS AND CONDITIONS Vendor acknowledges that it has read and agrees to all terms and conditions included in this Agreement. 21. SIGNATORIES AUTHORITY Each person executing this Agreement expressly warrants that he or she is authorized to do so on behalf of the entity for which he or she is executing this Agreement. The City and Vendor represent and warrant that this Agreement is executed voluntarily, with full knowledge of its significance. 22. STANDARD PROVISIONS 22.1 Recitals. City and Vendor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 22.2 Compliance with all Laws. Vendor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 22.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and Agreements of whatsoever kind or nature are merged herein. No verbal contract or implied covenant shall be held to vary the provisions herein. 22.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 22.5 Amendments. This Agreement may be modified or amended only by a written document executed by both Vendor and City and approved as to form by the City Attorney. 22.6 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. The California Commercial Code shall be the controlling law for the terms of this Agreement. 22.7 Equal Opportunity Employment. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 22.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or West Coast Sailing, Inc. Page 7 6-10 against either Party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 22.9 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22.10 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing Party shall not be entitled to attorneys' fees. 22.11 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] West Coast Sailing, Inc. Page 8 6-11 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation and I charter city Date: /S Date: WBy: -,4 C-�,) By: Aaron C. Harp WA r*,%11 c Edward D. Selich City Attorney Mayor ATTEST: CONTRACTOR: West Coast Sailing, Inc., Date: an Oregon corporation Date: By: By: Leilani I. Brown George Yioulos City Clerk President and Secretary [END OF SIGNATURES] Attachments: Exhibit A: Specifications for RS Quest 'S' and Venture 'Keel' Sailboat Vessels Exhibit B: Pricing Proposal for RS Quest 'S' and Venture 'Keel' Sailboat Vessels Exhibit C: Warranty Information Exhibit D: Insurance Requirements West Coast Sailing, Inc. Page 9 6-12 EXHIBIT A CITY OF NEWPORT BEACH SPECIFICATIONS FOR RS QUEST `S' AND VENTURE `KEEL' SAILBOAT VESSELS West Coast Sailing, Inc. Page A-1 6-13 RS Quest Specifications Designer Jo Richards & RS Sailing Length 14ft V /4.29m Beam 6ft/ 1.83m Hull Weight 242lbs/ 110kgs Sailing Weight 297lbs/ 135kg Sail Area - Mainsail and Jib 118 sq ft/ 11m2 Sail Area -Asymmetric Spinnaker 118 sq ft/ 11m2 Sail Area -Symmetric Spinnaker 107 sq ft/ 10m2 Hull Construction Comptec PE3 durable polyethylene Spars Aluminum Two-part mast,Aluminum boom, Aluminum Spinnaker Pole Main Material Dacron Jib Material Dacron Spinnaker Material -Asym /Sym Dynalite Ripstop Foils GRP centerboard and aluminum Lift & Lock rudder Deck Fittings Allen /Selden FEATURES • Big feel from a compact boat • RS Comptec PE3 rotomoulded polyethylene construction • Engineered for maximum strength and minimum maintenance • Exceptionally stable hull—unrivalled in this size • Large, self draining, cockpit for up to 4 adults • Configurable to suit you • Open plan or with spray shedding foredeck • Removable seats and thwart • Main and jib • Asymmetric or symmetrical spinnaker options • Outboard motor bracket option • Convenience ashore and afloat • Pivoting mast heel for easy rigging • Hand holds for easy lifting • Towing eyes • Lifting points • 3 point landing on bilge rails • Rub rail reinforcement near transom 6-14 • Easy rig control • Jib furler for safety and launch/ recovery convenience • Mainsail slab reefing • 2-part aluminum mast • Foam filled top mast and flotation bag system for inversion resistance • External halyards and boom controls for easy maintenance • Durable Dacron sails • User friendly foils • Pivoting centerboard • Durable aluminum rudder blade • Tiller driven lift & lock rudder system RS Quest Options • Foredeck with additional storage • Mainsail size options • Asymmetric spinnaker • Symmetrical spinnaker • Mast head flotation system • Top cover • Launching trolley • Road trailer base ouest m m 6-15 RS Classes technical summary RS Venture General date launched Sep-11 no.sold to end 2006 Portsmouth yardstick rating Competitive crew weight Rig/Rigging mainsail constuction gitter 210 batten constr 15cst lop/15ct no.battens(full/short) 300mm 1911 mm/300mm/1504mm/1000mm/1000mm main luff length 5.537m main foot length 2.821m Main area m2 1 tm2 jib construction Challenge hoz jib Tuff length 4.555m jib foot length 1.691m jib area m2 3.8m2 Ass spinnaker construction Elite 361R90 spinnaker lu8 length 6.200m spin foot length 3.201m spin leech length 4.760m spin area 14m2 bowsprit construction 2"16sge sleeved aluminium bowsprit length from bow 1400mm bowsprit length o/a 1590mm mast section Selden Epsilon mast above deck mast length o/a 6918mm boom section Selden 71166 boom length o/a 2900mm shroud construction 3mm Compact shroud length bs/bs 4642mm forestay const. 2mm 1 z19 forestay lengthbs/bs 4820mm lower const n/a lower length bs/bs n/a trap construction 2mm 1x19 trap length 6-16 main halliard length 14000mm jib halliard length 5000mm 3mm7x19/5700mm 4mm 3 strand spinnaker halliard length 15000mm mainsheet length 10m/10mm jib sheet length 8M/8mm kite sheet length 12m/8mm Rig settings spreader length n/a spreader deflection range mast rake range(to top rudder fit) typical rig tension(shroud) Hull, foils, fittings Hull construction GRP deck construction GRP hull length o/a 16'4fV4980mm hull width o/a 6'8ft/2030mm hull depth o/a draft(board down) 39fV1150mm fitted hull wt inc pole/cbAines 210kg rudders tock type sea sure Venture tiller ext.length 1.2m rudder construction!length Aluminium extrusion c/board/d/board construction VE glass reinforced 6-17 EXHIBIT B PRICING PROPOSAL FOR RS QUEST `S' AND VENTURE `KEEL' SAILBOAT VESSELS West Coast Sailing, Inc. Page B-1 6-18 AWEST COAST SAILING ESTIMATE '14,11111 ppw- OWN THE WATER 709 N.Columbia Date Estimate# Portland,OR 97217 9/15/2015 2636 Customer Name&Address Shipping To City of Newport Beach Marina Park 100 Civic Center Drive Newport Beach,CA Newport Beach,CA 92660 Qty SKU Item Description Cost Total 2 10073 RS Venture Keel*Compl... RS Venture'Keel' *Complete,Ready to Sail* 19,250.00 38,500.00 HIN# TBD I Sail# TBD Quantity Pricing: 1-4 Boats $19,995 5-9 Boats $19,750 10.15 Boats$19,500 16+Boats$19,250 <—Pricing here with combined Quest order 2 Shipping*Boat* Freight In(including UK Shipping,Customs Clearance and US Duty Paid) 825.00 1,650.00 Quantity Pricing: 1.4 Boats $895 5.9 Boats $865 10-15 Boats$825 <—Pricing here with combined Quest order 16+Boats$795 2 Prep/Commissioning*... Boats checked over and complete. -$125 0.00 0.00 Relevant accessories assembled and ready for use. Boats prepared for simple initial commissioning and sailing. **Subtotal** 40,150.00 ACCESSORIES 2 21421 Bow Bumper RS Venture:Bow Fender(Triton) 200.00 400.00 2 20867 Spinnaker Kit-Asym RS Venture:Asymetrical Spinnaker Kit 1,450.00 2,900.00 2 Special Order RS Venture:Jib Sock 120.00 240.00 2 Special Order RS Venture:Mast Head Float 175.00 350.00 **Subtotal** 3,890.00 New Boat-10%off acc... 10%discount for 30 days from date of boat arrival -10.00% -389.00 To Place Your Order or for More Information: Total $43,651.00 Call: (503)285-5536 Email: Boats(@WestCoastSailinq.net www.WestCoastSailing.net `7 L.L.ILEC7 29er i < < 6-19 AWEST COAST SAILING ESTIMATE _' OWN THE WATER 709 N. Columbia Date Estimate# Portland,OR 97217 9/11/2015 2627 Customer Name&Address Shipping To City of Newport Beach Marina Park 100 Civic Center Drive Newport Beach,CA Newport Beach,CA 92660 Qty SKU Item Description Cost Total 12 10088 RS Quest S RS Quest'S'*Complete,Ready to Sail* 6,750.00 81,000.00 HIN#s TBD I Sail#s TBD Quantity Pricing: 1-4 Boats $6,995 5-9 Boats $6,950 10-15 Boats$6,889 16+Boats$6,750 <—Sticking with 16x boat pricing 12 Shipping*Boat* Freight In(Ocean Freight,Customs Clearance 8 Duty Paid) 475.00 5,700.00 **2x 40'HC containers,sent direct to Newport Beach** Quantity Pricing: 1-4 Boats $595 5-9 Boats $550 10-15 Boats$475 <-12x boat pricing for logistics 16+Boats$425 12 Prep/Commissioning*... Boats checked over and complete. 0.00 0.00 Relevant accessories assembled and ready for use. Boats prepared for simple initial commissioning and sailing. **$125-No Charge over 1 Ox boats** **Subtotal** 86,700.00 ACCESSORIES 12 Special Order RS Quest-Foredeck Insert 650.00 7,800.00 12 Special Order RS Quest-Asymmetrical Spinnaker Kit 840.00 10,080.00 12 Special Order RS Quest-Zippered Jib Sock 120.00 1,440.00 12 Special Order RS Quest-Solid Mast Float w/bracket 175.00 2,100.00 **Subtotal** 21,420.00 New Boat-10%off acc... 10%discount for 30 days on parts,apparel and accessories -10.00% -2,142.00 To Place Your Order or for More Information: Total Call: (503)285-5536 Email: Boats(@WestCoasiSailinq.net p www.WestCoastSailing.net 4a h�,Sf r i `729er 6-20 ,, WEST COAST SAILING ESTIMATE `_ OWN THE WATER 709 N.Columbia Date Estimate# Portland,OR 97217 9/11/2015 2627 Customer Name&Address Shipping To City of Newport Beach Marina Park 100 Civic Center Drive Newport Beach,CA Newport Beach,CA 92660 Qty SKU Item Description Cost Total NOTES Sails: Adjust the sail color from stock white/green,to white/blue(per UCI Logo color). Affix UClrvine name or logo to top of sail(no charge). Tiller:The tillers will feature a custom'extender'(not to be confused with the supplied tiller extension)that will allow the boat to be handled without using the tiller extension during training. We will install a U bracket on the tiller to clip the extension into when not in use(no charge). Sales Tax: This estimate does not include West Coast Sailing charging out of state sales tax. California sales tax will need to be paid to the State of California when the boats are registered. To Place Your Order or for More Information: Total $105,976.00 Call: (503)265-5536 Email: Boats@WestCoastSailinq.net www.WestCoastSailing.net ?S • .• ► 6-21 EXHIBIT C WARRANTY INFORMATION West Coast Sailing, Inc. Page C-1 6-22 RS Sailing Mission: Our commitment to sailing and growing our sport extends right the way through our business: "RS Sailing is a world-class sailboat brand with premium parts supply, redefining the sport of sailing" RS Sailing are proud to have been in the small boat industry for the last 20 years originally from the UK, RS Sailing is now a global brand with representation in 40 countries. In North America RS is continually gaining recognition with distributors and dealers covering most areas of the country. RS strongly supports this network with staff in the U.S. and the UK. This means the quality of care during the entire purchasing experience is second to none. After purchase, your local dealer and RS will offer support of any kind in order to enhance the experience of sailing your RS boat. RS Sailing Customer Warranty Information: RS Sailing takes pride in working with our local dealers to support each individual customer on warranty concerns as they arise. Every claim is addressed with the upmost concern and the proper experts within RS Sailing will evaluate each warranty request. RS Sailing take product support very seriously, if there is a problem we want to know about it and will do all in our power make it right no matter the vintage of the RS boat. RS Sailing warrants to the Customer that the Goods will be free from defects in materials and workmanship for a period of twelve months from the date of delivery to the Customer(the "warranty period"). In the event of a warranty request, the Dealer should be contacted who will then contact RS Sailing. After consulting with the Dealer, RS Sailing will determine the most reasonable resolution to repair or replace any defective material or equipment. No repairs should be made until a proper resolution has been communicated by the Dealer or RS Sailing. H Taylor&Son (Brockley) LTD "DBA RS Sailing" Premier 6Vay, Abbey Park, Romsey, Hants, SOSI 9DQ, United Kingdon Telephone +44(0)/794 .126760 E-il4ail info@RSrailing.com Boats: RSsailing.com Direvors:P Rndling,Al Wadhams,N Peters,A Nerclon-Somhon.J Partridge, R!Tooker VAT Regislradon No.205 4022 21 Regislered in England No.592700 H Taylor&Son(Brockley)Let 6-23 EXHIBIT D 1. INSURANCE REQUIREMENTS — VENDORS 1.1 Provision of Insurance. Without limiting Vendor's indemnification of City, and prior to commencement of work, Vendor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Vendor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Vendor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Vendor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an West Coast Sailing, Inc. Page D-1 6-24 amount not less than one million dollars ($1,000,000) combined single limit each accident. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days' notice of cancellation (except for nonpayment for which ten (10) days' notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The Parties hereby agree to the following: 1.5.1 Evidence of Insurance. Vendor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Vendor sixty (60) days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City and Vendor may renegotiate Contractor's compensation. 1.5.3 Enforcement of Contract Provisions. Vendor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Vendor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. West Coast Sailing, Inc. Page D-2 6-25 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Vendor or any subVendor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Vendors right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Vendor or reimbursed by Vendor upon demand. 1.5.7 Timely Notice of Claims. Vendor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Vendor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Vendor's Insurance. Vendor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. West Coast Sailing, Inc. Page D-3 6-26 ATTACHMENT B West Coast Sailing Estimate Summary Item Amt RS Quest, Qty of 14 $ 102,420.00 RS Quest Freight $ 5,700.00 RS Quest Discount $ (2,142.00) RS Quest Subtotal $ 105,978.00 RS Venture, Qty of 2 $ 42,390.00 RS Venture Freight $ 1,650.00 RS Venture Discount $ (389.00) RS Venture Subtotal $ 43,651.00 State of CA Use Tax $ 11,584.80 Total Purchase Price $ 161,213.80 6-27 AWEST COAST SAILING ESTIMATE `I OWN THE WATER 709 N. Columbia Date Estimate# Portland,OR 97217 9/11/2015 2127 �] Customer Name&Address Shipping To City of Newport Beach Marina Park 100 Civic Center Drive Newport Beach,CA Newport Beach,CA 92660 Qty SKU Item Description Cost Total 12 10088 RS Quest S RS Quest'S'*Complete,Ready to Sail* 6,750.00 81,000.00 HIN#s TBD I Sail#s TBD Quantity Pricing: 1-4 Boats $6,995 5-9 Boats $6,950 10-15 Boats$6,889 16+Boats$6,750 <---Sticking with 16x boat pricing 12 Shipping*Boat* Freight In(Ocean Freight,Customs Clearance&Duty Paid) 475.00 5,700.00 **2x 40'HC containers,sent direct to Newport Beach** Quantity Pricing: 1-4 Boats $595 5-9 Boats $550 10-15 Boats$475 <----12x boat pricing for logistics 16+Boats$425 12 Prep/Commissioning*... Boats checked over and complete. 0,00 0.00 Relevant accessories assembled and ready for use. Boats prepared for simple initial commissioning and sailing. **$125-No Charge over 10x boats** **Subtotal** 86,700.00 ACCESSORIES 12 Special Order RS Quest-Foredeck Insert 650.00 7,800.00 12 Special Order RS Quest-Asymmetrical Spinnaker Kit 840.00 10,080.00 12 Special Order RS Quest-Zippered Jib Sock 120.00 1,440.00 12 Special Order RS Quest-Solid Mast Float w/bracket 175.00 2,100.00 **Subtotal** 21,420.00 New Boat-10%off acc... 10%discount for 30 days on parts,apparel and accessories -10.00% -2,142.00 To Place Your Order or for More Information: Total Call: (503)285-5536 Email: Boats@WestCoastSailing.net wwww.w.WestCoastSailing.net C 211N) m w 29er 6-28 AWEST COAST SAILING ESTIMATE `I OWN THE WATER 709 N. Columbia Date Estimate# Portland,OR 97217 9/11/2015 2127 �] Customer Name&Address Shipping To City of Newport Beach Marina Park 100 Civic Center Drive Newport Beach,CA Newport Beach,CA 92660 Qty SKU Item Description Cost Total NOTES Sails: Adjust the sail color from stock white/green,to white/blue(per UCI Logo color). Affix UClrvine name or logo to top of sail(no charge). Tiller:The tillers will feature a custom'extender'(not to be confused with the supplied tiller extension)that will allow the boat to be handled without using the tiller extension during training. We will install a U bracket on the tiller to clip the extension into when not in use(no charge). Sales Tax: This estimate does not include West Coast Sailing charging out of state sales tax. California sales tax will need to be paid to the State of California when the boats are registered. To Place Your Order or for More Information: Call: (503)285-5536 Total $105,978.00 Email: Boats@WestCoastSailing.net www.WestCoastSailing.net �' � X11 � cu®ui�[7 1y) ",9Mw 29er 6-29 �1 WEST COAST SAILING ESTIMATE `I OWN THE WATER 709 N. Columbia Date Estimate# Portland,OR 97217 9/15/2015 2636 Customer Name&Address Shipping To City of Newport Beach Marina Park 100 Civic Center Drive Newport Beach,CA Newport Beach,CA 92660 Qty SKU Item Description Cost Total 2 10073 RS Venture Keel*Compl... RS Venture'Keel' *Complete,Ready to Sail* 19,250.00 38,500.00 HIN# TBD I Sail# TBD Quantity Pricing: 1-4 Boats $19,995 5-9 Boats $19,750 10-15 Boats$19,500 16+Boats$19,250 <--Pricing here with combined Quest order 2 Shipping*Boat* Freight In(including UK Shipping,Customs Clearance and US Duty Paid) 825.00 1,650.00 Quantity Pricing: 1-4 Boats $895 5-9 Boats $865 10-15 Boats$825 <---Pricing here with combined Quest order 16+Boats$795 2 Prep/Commissioning*... Boats checked over and complete. -$125 0.00 0.00 Relevant accessories assembled and ready for use. Boats prepared for simple initial commissioning and sailing. **Subtotal** 40,150.00 ACCESSORIES 2 21421 Bow Bumper RS Venture:Bow Fender(Triton) 200.00 400.00 2 20867 Spinnaker Kit-Asym RS Venture:Asymetrical Spinnaker Kit 1,450.00 2,900.00 2 Special Order RS Venture:Jib Sock 120.00 240.00 2 Special Order RS Venture:Mast Head Float 175.00 350.00 **Subtotal** 3,890.00 New Boat-10%off acc... 10%discount for 30 days from date of boat arrival -10.00% -389.00 To Place Your Order or for More Information: Call: (503)285-5536 Total $43,651.00 Email: Boats@WestCoastSailing.net www.WestCoastSailing.net ` A& ice,., 29er 6-30