HomeMy WebLinkAboutC-3849 - Purchase and Installation of Shade Structures at Bonita Canyon Sports ParkCONTRACT WITF, jNITED SPORTS SURFACING OF AML_..JCA, INC.
FOR THE PURCHASE AND INSTALLATION OF SHADE STRUCTURES
AT BONITA CANYON SPORTS PARK
THIS CONTRACT is made and entered into as of this � t' day of W/ , 2006, by and between
the CITY OF NEWPORT BEACH, a V4•icipal Corporation ("City"), and S ;��v ;RUGTI-��68,
B+v+se-e# Shade America, Inc., a S�pcorporation, whose principal place of business is )
("Seller"), and is made with reference to the following:
Address is eSOS-A CAMP ELWR Row/ Dl+vtihs r�K, 7s247
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 desires to purchase nine "Custom Structure" Shade Structures from Seller
(hereinafter referred to as the "Shade Structures").
C. City also desires to engage Seller to install the Shade Structures at Bonita Canyon Sports Park in
Newport Beach over the picnic area and over eight baseball field stands, as outlined further herein
(hereainafter referred to as the "Project'). Seller also has agreed to provide a -�;-10year warranty
on the fabric and a 10 -year warranty on the steel frames upon which the fabric will be hung.
D. Seller has examined the location of all proposed work, is familiar with all conditions relevant to the
performance of the services contemplated herein, and has committed to provide the required
goods and services for the price specified in this Contract.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
SCOPE OF WORK
Seller shall provide all of the project deliverables and perform all the services described in the
Proposal attached hereto as Attachment A and incorporated herein by this reference.
As a material inducement to the City entering into this Agreement, Seller represents and warrants
that Seller is a provider of first-class products and services and that Seller is experienced in
performing the work and services contemplated herein and, in light of such status and experience,
Seller covenants that it shall follow the highest professional standards in performing the work and
services and that all products and materials will be of good quality. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
Seller shall install the Shade Structures at Bonita Canyon Sports Park in Newport Beach, CA as
described in the Proposal attached hereto as Exhibit A.
2. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Contract and Seller shall
complete the Project within 60 days of execution of this Agreement. The failure by Seller to meet
this deadline may result in termination of this Contract by City.
3. COMPENSATION • •
As full compensation for providing the products and services outlined in the Proposal, City shall pay
to Seller and Seller accepts as full payment the sum of Ninety Three Thousand Dollars and No /100
($93,000),. Seller shall not receive any additional compensation unless approved in advance by
the City in writing.
The City shall pay Seller the full amount within fifteen days of completion of the work and approval
of an invoice for the work.
4. ADMINISTRATION
This Contract will be administered by the Recreation & Senior Services Department. Sean Levin
shall be the Project Administrator and shall have the authority to act for City under this Contract.
The Project Administrator or his/her authorized representative shall represent City in all matters
pertaining to the services to be rendered pursuant to this Contract.
5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
5.1 Seller shall use only the products and materials described in Exhibit A in performing
Contract Services. Any deviation from the products and materials described in Exhibit A
shall not be installed unless approved in advance by the City Administrator.
5.2 Seller shall perform all work diligently, carefully, and in a good and workmanlike manner,
and shall furnish all labor, supervision, machinery, equipment, materials, and supplies
necessary therefore.
5.3 All services shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
5.4 Seller shall use colored concrete to match the existing pavers adjacent to the eight (8)
bleachers. Color to be specified by the City of Newport Beach.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
Seller agrees to indemnify, defend and hold harmless the City, its elected and appointed officials,
officers, employees and agents ("City Indemnities ") from any claims, demands or liability of any
kind or nature, including, but not limited to, personal injury or property damage, arising from or
related to the products, services or other performance provided by Seller pursuant to this Contract,
unless such injury is caused by the sole negligence or concurrent active negligence of the City or
City Indemnities. If Seller's negligence combines with the City's active negligence to cause injury,
Seller and City agree that liability will be apportioned as determined by a court of competent
jurisdiction. Neither party shall request a jury appointment.
INDEPENDENT CONTRACTOR
City has retained Seller as an independent Seller and neither Seller nor its employees are to be
considered employees of the City. The manner and means of conducting the work are under the
control of Seller, except to the extent they are limited by statute, rule or regulation and the express
terms of this Contract. No civil service status or other right of employment shall accrue to Seller or
its employees.
8. COOPERATION •
•
Seller agrees to work closely and cooperate fully with City's designated Project Administrator and
any other agencies that may have jurisdiction or interest in the work to be performed. City agrees
to cooperate with the Seller on the Project.
9. INSURANCE
Without limiting Seller's indemnification of City, and prior to commencement of work. Seller shall
obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies
of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Seller shall provide certificates of insurance with original
endorsements to City as evidence of the insurance coverage required herein. Insurance
certificates must be approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance shall be kept on
file with City's at all times during the term of this Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign
certification of all required policies.
C. 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.
D. Coverage Requirements.
Workers' Compensation Coverage. Seller shall maintain Workers' Compensation
Insurance and Employer's Liability Insurance for his or her employees in
accordance with the laws of the State of California. Any notice of cancellation or
non - renewal of all Workers' Compensation policies must be received by City at
least thirty (30) calendar days (10 calendar days written notice of non - payment of
premium) prior to such change. The insurer shall agree to waive all rights of
subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Seller for City.
ii. General Liability Coverage. Seller shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Contract, or the general
aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Seller shall maintain automobile insurance covering
bodily injury and property damage for all activities of the Seller arising out of or in
connection with work to be performed under this Contract, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability and automobile liability insurance policy shall be
endorsed with the following specific language:
3
The As elected or appointed officers, oAls, employees, agents and
volunteers are to be covered as additional insureds with respect to liability
arising out of work performed by or on behalf of the Contractor.
This policy shall be considered primary insurance as respects to City, its
elected or appointed officers, officials, employees, agents and volunteers as
respects to all claims, losses, or liability arising directly or indirectly from the
Contractor's operations or services provided to City. Any insurance maintained
by City, including any self- insured retention City may have, shall be considered
excess insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after thirty
(30) calendar days (10 calendar days written notice of non - payment of
premium) written notice has been received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim
made or suit instituted arising out of or resulting from Contractor's performance under
this Contract.
G. Additional Insurance. Contractor 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.
10. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, not less than
the general prevailing rate of per diem wages including legal holidays and overtime work for
each craft or type of workman needed to execute the work contemplated under the Agreement
shall be paid to all workmen employed on the work to be done according to the Agreement by
the Contractor and any subcontractor. In accordance with the California Labor Code (Sections
1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of
per diem wages in the locality in which the work is to be performed for each craft, classification,
or type of workman or mechanic needed to execute the Agreement. A copy of said
determination is available by calling the prevailing wage hotline number (415) 7034774, and
requesting one from the Department of Industrial Relations. The Contractor is required to obtain
the wage determinations from the Department of Industrial Relations and post at the job site the
prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
11. SUBCONTRACTING
2
The parties recognize th& substantial inducement to City for er &g into this Agreement is the
professional reputation, experience and competence of Seller. Assignments of any or all rights,
duties or obligations of the Seller under this Agreement will be permitted only with the express
written consent of City. Seller shall not subcontract any portion of the work to be performed under
this Agreement without the prior written authorization of City.
12. WITHHOLDINGS
City may withhold payment to Seller of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to pay
according to the terms of this Contract. Seller shall not discontinue work as a result of such
withholding. Seller shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Seller shall be entitled to receive interest on any withheld sums
at the rate of return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
13. CONFLICTS OF INTEREST
The Seller or its employees may be subject to the provisions of the California Political Reform Act
of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may
foreseeably be materially affected by the work performed under this Contract, and (2) prohibits
such persons from making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act, Seller shall conform to all requirements of the Act. Failure to do so constitutes
a material breach and is grounds for immediate termination of this Contract by City. Seller shall
indemnify and hold harmless City for any and all claims for damages resulting from Seller's
violation of this Section.
14. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Contract shall be
given in writing, to City by Seller 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. All notices, demands, requests or
approvals from Seller to City shall be addressed to City at:
Attention:
Sean Levin, Recreation Manager
Recreation & Senior Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3159
Fax: 949 -644 -3155
All notices, demands, requests or approvals from CITY to Seller shall be addressed to Seller at:
Attention:
Michelle Botha
Shade Structures
350 Kalmus Drive
Costa Mesa, CA 92626
Phone: (714) 427 -6981
Fax: (714) 427 -6982
15. TERMINATION • •
In the event that either party fails or refuses to perform any of the provisions of this Contract at the
time and in the manner required, that party shall be deemed in default in the performance of this
Contract. If such default is not cured within a period of two (2) calendar days, 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, specifying the nature of such default and the steps necessary to cure such default, the
non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written
notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and without
cause, of terminating this Contract at any time by giving seven (7) calendar days prior written
notice to Seller. In the event of termination under this Section, City shall pay Seller for services
satisfactorily performed and costs incurred up to the effective date of termination for which Seller
has not been previously paid. On the effective date of termination, Seller shall deliver to City all
materials purchased in performance of this Contract.
16. COMPLIANCE WITH ALL LAWS
Seller 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.
17. WAIVER
A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a
waiver of any subsequent breach of the same or any other term, covenant or condition.
18. INTEGRATED CONTRACT
This Contract represents the full and complete understanding of every kind or nature whatsoever
between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or
nature are merged herein. No verbal Contract or implied covenant shall be held to vary the
provisions herein.
19. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Contract and the attached
Proposal, the terms of this Contract shall govern.
20. AMENDMENTS
This Contract may be modified or amended only by a written document executed by both Seller
and City and approved as to form by the City Attorney.
21. EFFECT OF SELLER'S EXECUTION
Execution of this Contract by Seller is a representation that Seller has visited the Project Sites, has
become familiar with the conditions under which the work is to be performed, and has taken into
consideration these factors in submitting its Proposal.
22. INFRINGEMENT
Unless otherwise expreoprovided in this Contract, Seller shall &Iely responsible for clearing
the right to use any patented or copyrighted materials in the performance of this Contract. Seller
warrants that any software as modified through services provided hereunder will not infringe upon
or violate any patent, proprietary right, or trade secret right of any third party. Seller shall indemnify
and defend City, at Seller's expense, against all claims, demands, suits, liability, and expense on
account of alleged infringement of any patent, copyright or trademark, resulting from or arising in
connection with the manufacture, sale, normal use or other normal disposition of any good or
article of material furnished hereunder.
23. CONTROLLING LAW AND VENUE
The laws of the State of California shall govem this Contract and all matters relating to it and any
action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in
the County of Orange.
24. WARRANTY
Seller expressly warrants that the goods covered by this Contract are: (1) free of liens or
encumbrances, (2) of merchantable quality and fit for the ordinary purposes for which they are
used, and (3) fit for the particular purpose for which they are intended, and (4) satisfactory and safe
for consumer use.
to 02Seller also has agreed to provide a � year yn arty on the Custom Canopies fabric and a 10 -year
warranty on the steel frame structures upon which the Shade Structures will be installed. This
warranty is outlined in more detai fin Exhibit A
25. 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 against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
[SIGNATURES ON FOLLOWING PAGE)
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year
first written above.
APPROVED AS TO FORM:
By:
A , ( , q ,,—
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
z am, ON X';
r&."PoAnne
City Clerk
Attachments: Exhibit A – Proposal
CITY OF NEWPORT BEA Ho
A Municipal Corporation
By:
Don -Webb
Mayor
for the City of Newport Beach
SHADE GTR GT1 RES
1
A Daymoierre# Shade America, Inc.:
By:
Na so �CPH C Tp NE
Ti e: cF o
in
Name:
Title:
11/66/2006 16:53 214689908$ SUN PORTS • PAGE 02/02
wigs 1 /003
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year
first written above.
APPROVED AS TO FORM:
By:
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
Attachments: Exhibit A — Proposal
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Don Webb
Mayor
for the City of Newport Beach
A l3ivisien of Shade America, Inc.;
Title: FPu1vw+r
u
PROPOSAL-Revision 08/24/2006
Remit payment only to:
Shade America dba Shade Structures
P.O. Box 678420
Dallas, TX 75267 -8420
This is a legal agreement— Please read carefully. Complete and initial all pages
Client/Purchaser:
Contact Information:
&MAX
Shade Structures
Tel: (949) 644 -3159
A division of Shade America, Inc.
350 Kalmus Drive
'
Costa Mesa, CA 92626
Cell:
Tel: (714) 427 -6981
Fax: (949) 644 -3155
Email: SLevin@city.newport-
Fax: (714)427 -6982
Website: wwcw.shadestructures.net
S
STR VCTV R65
SHADEA
Dirt Removal
Concrete Cutting
u
PROPOSAL-Revision 08/24/2006
Remit payment only to:
Shade America dba Shade Structures
P.O. Box 678420
Dallas, TX 75267 -8420
This is a legal agreement— Please read carefully. Complete and initial all pages
Client/Purchaser:
Contact Information:
Regional Sales Manager:
Sean Levin/ Andrea McGuire
Tel: (949) 644 -3159
Michelle Botha
Today's Date:
08/10/2006
City of Newport Beach
Cell:
Bonita Canyon Sports Park
Fax: (949) 644 -3155
Email: SLevin@city.newport-
Nu'mtier.
060035MF6
Dirt Removal
Concrete Cutting
beach.ca.us
beach.ca.us
Turnkey Price.
$93,000.00
Bill To Address:
Ship To Address:
Assembly Address: -
Contact Person: Sean Levin/ A McGuire
Contact Person: Sean Levin
Contact Person: Sean Levin
City of Newport Beach
City of Newport Beach
City of Newport Beach
3300 Newport Blvd
3300 Newport Blvd
3300 Newport Blvd
Newport Beach, CA 92658
Newport Beach, CA 92658
Newport Beach, CA 92658
GENERAL SCOPE OF WORK
"Note" Please see pages 2, 1 & 4 for additional terms and conditions. All pages must be signed and dated in order to process.
Accepted by Title
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Date
Initial Date
OPKT6A500051.dot
Type of Structure.
_ _
Assembly Requirements - _
Standard Modular
YES
No
V3
t:]
C.]
E7
Dirt Removal
Concrete Cutting
CitylCounty'Permits
-
_
141
�`]
Bobcat Access
F3
f•]
r]
M
Concrete Truck Access
Fencing (If Yes, Specify Type
)
Client/Purchaser Responsible for Permit Approval
EYES UNO
D3
t•]
Prevailing Wages
[:]
t7
Certified Payroll
Area-#, _
Product I Accessory- Description _ _ -..Qty
-Entry
Anchor
Fabric:
Fabric Color
Post=
If Applicable)
- - - -_
�
Ht
Detail-
T ex
_
Color
1- Between Fields 1 &
95' x 25' Double Full Cantilever Shade
1
12'
Embed
UV Mesh
FR Forest. Greer
Beige
2 -Sides B
Structures (Back to Back for overall
footprint of 30' x 25'
2- Sides A Of Fields 1
15' x.25' Full Cantilever Shade Structure
2
12'
Embed
UV Mesh
FR Forest Greer
Beige
&2
3- Sides A & B of
15' x 25' Full Cantilever Shade Structure
2
12'
Embed
UV Mesh
FR Forest Greer
Beige
Field 3
4- Sides A & B of
15' x 25' Full Cantilever Shade Structure
2
12'
Embed
UV Mesh
FR Forest Gree
' Beige
Field 4
5- Picnic Areas
15' x 20'4-Post Multi Layer Mariners
2
NA
Embed
UV Mesh
FR Forest
Beige
between Fields 3 & 4
Shade Structures
Green/ FR
Desert Sand
6- Picnic Area at
15' x 20' 4 -Post Multi Layer Mariners
1
NA
Embed
UV Mesh
FR Forest
Beige
Tennis Courts
Shade Structure
Green/ FR
Desert Sand
"Note" Please see pages 2, 1 & 4 for additional terms and conditions. All pages must be signed and dated in order to process.
Accepted by Title
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Date
Initial Date
OPKT6A500051.dot
0 0
s
Area #s (If Applicable) Turnkey Price (Add Options if Applicable)
General Scope of Work: (continued)
The following items are Included In the General Scope of Work:
➢ Site survey to confirm size and design (where applicable)
➢ Custom manufacture of structure /s. Manufacturing leadtime is approximately 8 to 10 weeks.
➢ Fire Rated Shadesure® Fabric
➢ Units
➢ Galvanized & Powder Coated Steel Frame
➢ Custom Concrete color @ Cantilevered post locations — Color to be specified
➢ Engineering
➢ Freight & Handling
➢ Prevailing Wages
➢ Certified Payroll
➢ Assembly of structures during the hours of between 8:00 a.m. through 6:00 p.m. on normal weekdays.
Assembly start date will be scheduled approximately 1 week prior to start. Assembly will take approximately 1
week. A Project Manager is included with the assembly crew.
➢ General cleanup
➢ Comprehensive warranty
➢ Sales tax
The following items are excluded from the General Scope of Work:
➢ Dirt removal
➢ Site plan approval
➢ Permit processing
➢ Permit fees
➢ Removal of any existing structures or poles (if needed)
➢ Unforeseen underground obstacles or openings which might effect the engineering, unit size, and /or
assembly costs.
➢ Landscaping and repair of concrete curbs and /or cobblestone
➢ Soils Tests
Terms and Conditions & Warranty:
1.) Proposal: The above proposal is valid for 30 (thirty) days from above date.
2.) Purchaser (Owner) agrees to purchase and Shade Structures, a Division of Shade America. Inc. (Contractor') agrees to provide
shade structures and other services as detailed and agreed to under "General Scope of the Work" between the parties.
3.) Standard Exclusions: Unless specifically included under "General scope of the Work" section, this agreement does not include
labor or materials for any of the following work: Removal and disposal of any materials containing asbestos or any hazardous
materials as defined by the EPA. Moving owner's property around the site. Labor or materials required to repair or replace any Owner
supplied materials. Repair of concealed underground utilities not located on prints, supplied to Contractor by Owner during the bidding
process, or physically staked out by Owner which is damaged during construction. Repair of damage to existing surfaces that could
occur when construction equipment and vehicles are being used in the normal course of construction.
4.) Site -plan Approval. PermiUs. Permit Fees. Plans. Engineerinn Drawings and Surveying are specifically excluded from this
contract unless specified under the "General Scope of Work". The Company does not in any way warrant or represent that a
permit/site plan approval for construction will be obtained.
5.) Concealed Conditions: (Defined as water, gas, sprinkler, electrical and sewage lines, post tension cable, steel rebar, etc.). This
agreement is based solely on observations Contractor was able to make either by visual inspection or by drawings and / or plans
submitted by Owner at the time this agreement was bid. If additional concealed conditions are discovered once work has commenced
which were not visible at the time this proposal was bid, Contractor will stop work and point out these unforeseen concealed
conditions to Owner so that Owner and Contractor can execute a change order for any additional work. In any event, any damage
caused by or to unforeseen concealed conditions is the sole responsibility of the purchaser and contractor shall not be held liable for
any such damage. Soil conditions are assumed to be soil that it does not contain any water, hard rock (such as Limestone, Caliche,
etc.), rocks bigger than 4 inches in diameter or any other condition that will require additional labor, equipment and 1 or materials not
Initial Date
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speed by the Owner in the We process. Any condition requiring additional labor, pment and I or materials to complete the
drilling or concrete operations will require a change order before Contractor will complete a process.
6.) Changes in the Work: During the course of this project, Owner may order changes in the work (both additions and deletions). The
cost of these changes will be determined by the contractor. If agreed to by Owner then a change order form must be completed and
signed by both the Owner and Contractor and will detail the "General Scope of the Change Order". Once the change order has been
signed, the Contractor will execute the Change Order and perform all the work as required. Should any change order be essential to
the completion of the project and the Owner refuses to authorize such change order then Contractor will be deemed to have
performed his part of the project and the project will be terminated. Upon such termination, Contractor will submit a final billing to
Owner for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage. No
credit will be allowed for materials sold and supplied which will remain the property of the Owner.
7.) Payment: All terms of payment are defined and specific to this contract. "Substantial Completion" is defined as being the point at
which the Structure is suitable for its intended use, or the issue of an occupancy consent, or a final building department approval is
issued, whichever occurs first. In any event where "substantial completion" cannot be effected due to delays or postponements
caused by the Owner, final payment (less 10% retainage) is due within 30 days of the date when `substantial completion" would have
been had the delay not occurred. All payments must be made to Shade Structures, a Division of Shade America, Inc., 350 Kalmus
Drive, Costa Mesa CA 92626. If the Owner fails or delays in making any payments, the Contractor may postpone the fulfillment of its
obligations hereunder until such payments are made, or Contractor may be relieved of its obligations hereunder if payment is more
than 60 days past due. Contractor may use all remedies available to him under current laws, including but not limited to, filing of liens
against the property, using a collection agency or the courts to secure the collection of the outstanding debt.
8.) Lien Releases: Upon request by Owner, Contractor will issue appropriate lien releases prior to receiving final payment from Owner.
In accordance with State laws, Contractor reserves the right to place a lien on the property if final payment has not been received 10
days prior to the filling deadline for Liens.
9.) Drawings and Specifications
All drawings and specifications described in the "General Scope of the Work" must be attached and marked as an appropriate
addendum in the "General Scope of the Work' section and becomes part of this contract.
10.) Manufacturing & Delivery:
Manufacturing leadtime is approximately 6 to 8 weeks for standard products, and 8 to 12 weeks for custom products. Delivery is
approximately 1 week thereafter. Delivery of unitts may be prior to or at start of assembly.
11.) Inspections:
PLEASE NOTE THAT FOR DSA PRODUCT ORDERED, ALL INSPECTIONS MUST BE CONTRACTED DIRECTLY BY THE
CLIENTIPURCHASERISCHOOL DISTRICTICOLLEGElUNIVERSITY. AFTER AN ORDER HAS BEEN PLACED WITH SHADE
STRUCTURES, THE INDICATED IN -PLANT WELDING INSPECTION COMPANY FROM THE DSA PROCEDURE FORM WILL BE
CONTACTED BY THE SHADE STRUCTURES - EIDE FACTORY IN CERRITOS FOR SCHEDULING. A DELAY IN AUTHORIZATION TO
THE INSPECTION COMPANY, PARTICULARLY WITH IN -PLANT WELDING INSPECTIONS WILL CAUSE A DELAY IN
MANUFACTURING AND THEREFORE ASSEMBLY COMPLETION LEADTIME.
12.) Assembly of Equipment on Site: Access to Assembly Site
Owner must provide the Contractor with a detailed drawing showing exactly where the structure(s) are to be assembled as well as
detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s) leg.
Playground, pools etc.) that the structure(s) are to be assembled over must also be detailed, along with their peak heights (if
applicable). In addition, Owner shall provide Contractor with dear access to the assembly site free and clear of debris, automobiles or
other interference during the hours of between 8:00 a.m. through 6:00 p.m. on normal weekdays. Contractor is also to be allowed
access to electrical and water facilities during assembly. Contractor will notify Purchaser of the scheduled assembly date as soon as
the assembly is scheduled. Owner agrees to have an owner representative meet the assembly crew at the job site to verify the exact
location that the unit(s) is to be placed
13.) Preparatory Work
Where assembly is part of the "General Scope of the Work" and in the event that the foundation or job -site is not suitable or ready for
assembly to begin on the scheduled day, a delay of order notification must be sent to Contractor at least 4 working days before in
order to allow Contractor to reschedule the project. In the event that Contractor is not notified and incurs an expense in attempting to
execute the assembly a remobilization charge may be charged to the Owner before Contractor will reschedule the assembly.
14.) Warranty: Limitation of Liability
Contractor provides a limited warranty on all contractor supplied labor and materials. No other warranty is implied.
General Conditions:
• The warranty set forth shall be the purchaser's sole and exclusive warranty.
• All warranties below are effective from the date of assembly by Shade Structures, a Division of Shade America, Inc.
• Shade Structures, a Division of Shade America, Inc. reserves the right to repair or replace any item covered by this warranty.
• This warranty will be void if units are not paid for in full.
• The warranty is void if the units are not assembled in strict compliance with the manufacturers specifications.
• Purchaser shall notify Shade Structures, a Division of Shade America, Inc. in writing detailing any defects for which a warranty claim
is being made.
Initial Date
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• Shade Structures, a Division of *a America, Inc. shall not in any event be liable foreect, special, consequential, or liquidated
damages.
• Shade Structures, a Division of Shade America, Inc. specifically denies the implied warranties of fitness for a particular purpose and
merchantability.
• The warranty is void if any changes, modifications, additions or attachments are made to the unit without the written consent of the
manufacturer.
• No signs, objects, ornaments, fans, light fixtures or decorations may be hung from the top part of the structure, unless specifically
designed and engineered by the manufacturer. These items may interfere with the fabric causing the warranty to be voided.
Fabric:
• Shadesure® fabrics carry a 10 years limited manufacturers warranty from the date of installation, against failure from significant
fading, deterioration, breakdown, mildew, outdoor heat, cold, or discoloration with the exception of Red and Red/White stripe and
Coolbrella shade structures which carry a 3 year limited warranty. Should the fabric need to be replaced under the warranty, Shade
America will manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro-rated at 18% per annum over the last
4 years.
• This warranty shall be void if damage to the shade fabric is caused by contact with chemicals, misuse, vandalism, any act of God,
including but not limited to, ice, snow or wind in excess of the applicable building code parameters.
• All fabric tops are only warranted for winds and gusts up to 90mph and prior to snow or ice accumulation.
• All fabric curtains, valences and flat vertical panels are not covered under the warranty.
• Fabric is not warranted where it is assembled on a structure that is not engineered and built by Shade Structures, Inc.
• The structures have been designed to eliminate any friction between the rafters and the fabric. The warranty will, therefore, be voided
if any modification (temporary or permanent) or any attachment (temporary or permanent) is made to the rafter. The fabric will wear or
tear should any object be placed between the rafter and the fabric, voiding the fabric warranty.
• Labor for the removal, installation and/or freight charges will be covered in full for a period of 12 Months, where the shade structures
supplied and installed by Shade America are defective. In all cases where the shade structures are not installed by Shade America or
its agents, all labor for the removal, installation and /or freight will be at the customers' expense and the warranty will only be
applicable to the repair or replacement of the defective materials
• Shade Structures, a Division of Shade America, Inc. reserves the right, in cases where certain fabric colors have been discontinued,
to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. The company does not
warrant that any particular color will be available for any period of time and reserves the right to discontinue any color for any reason it
may determine, without the recourse by the owner of the discontinued fabric color.
Steel:
• The structural integrity of the steel is warranted for 10 years.
• Workmanship and painted surfaces are warranted for 12 months.
• This warranty shall be void if damage to the steel frame is caused by misuse, vandalism, any act of God, including but not limited to,
ice, snow or wind in excess of applicable building code parameters
Assembly:
• Labor for the removal, assembly and / or freight charges will only be covered in instances where the unit(s) supplied and assembled
by Shade Structures, a Division of Shade America, Inc. are defective. In all cases where units are not assembled by Shade
Structures, a Division of Shade America, Inc. all labor for the removal, assembly and / or freight will be for the customers account and
the warranty will only be applicable to the repair or replacement of defective materials.
Thread:
• Shade Structures, a Division of Shade America, Inc. warranties its sewing thread for a period of eight (8) years.
• This warrants that the sewing thread will be free from defects in material and workmanship and will not be damaged by exposure to
sunlight, weather or water.
• This warranty does not cover damage from fire, cuts, vandalism, misuse, or any act of God including but not limited to ice, snow or
wind in excess of the applicable building code.
• All other warranties are disclaimed.
• Labor for the removal, assembly and / or freight charges, of tops with damage caused by thread, will only be covered in instances
where Shade Structures, a Division of Shade America, Inc. has assembled the unit. In all cases where units where not assembled by
Shade Structures, a Division of Shade America, Inc. all labor for the removal, assembly and / or freight will be for the customers
account and the warranty will only be applicable to the repair or replacement of defective materials.
15.) Delegation: Subcontractors
The manufacturing and assembly of the shade structures may be performed by subcontractors under appropriate agreements with
the Company.
16.) Force Maieur: Impracticability
The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the shade structures
when such failure or delay is due to any case beyond the control of the Company or due to compliance with regulations or orders of
any federal, state or municipal government or due to any acts of God, strikes, lockouts, slowdowns, wars or shortages in
transportation, materials or labor.
Initial Date
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17.) Dispute Resolution
Any controversy or claim arisingf or related to this Agreement must be settled by binding arbitration administered by the
American Arbitration Association in accordance with the construction industry arbitration rules. Judgment upon the award may be
entered in any court having jurisdiction thereof.
18.) Bonding Guidelines: Due to Surety requirements, any Performance and/or Payment Bond that may be required, will cover only the first
year of our warranty. The manufacturer's warranty will be a separate document between Shade Structures (a brand of Shade America, Inc.)
and the Owner, and will be executed at the time of completion of the work.
19.)Contract Requirements: If Shade Structures (a brand of Shade America, Inc.) is awarded the contract for this project, please include the
statement above in the contract.
20.) General
a) This Agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by
the parties that are not contained in this agreement are not part of this agreement.
b) The Agreement shall be construed and enforced in accordance with the laws in the State of California.
c) The Agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, their successors and permitted
assigns.
d)Short ship claims: Client has 15 days from receipt of goods to file a short ship report to their sales representative in writing. Claims
made after this time will not be honored.
21.) Payment Terms:
The Purchaser (Owner) agrees to pay the purchase Turnkey Price to Shade America, Inc. as follows:
- A Signed Agreement or Purchase Order
- Full payment is due no later than 15 days after completion.
Executed as of the date set forth above.
SHADE STRUCTURES, A Division of Shade America, Inc.
By: (Print) MICHELLE BOTHA
Signature: AUe9iCReEu 9Aa
Title: REGIONAL MANAGER
Date: 08 /10/2006
PURCHASER: Company Name
By: (Print)
Signature:
Title:
Date:
Initial Date
5 ' 6PKT6A500051.d0t
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
June 27, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCI
FROM: Recreation and Senior Services
Marie Knight, Director
644 -3157 — mknight @aty.newport- beach.ca.us
SUBJECT: Contract for Purchase and Installation of Shade Structures
Sports Park
ISSUE
Should the City Council approve the attached Contract with United States Sports Surfacing of
America for the purchase and installation of shade structures at Bonita Canyon Sports Park?
RECOMMENDATION
Recommend that the City Council approve the attached Contract with United Sports Surfacing of
America for the purchase and installation of shade structures at Bonita Canyon Sports Park in the
amount of $58,706.
BACKGROUND
Since the grand opening over three years ago, the Bonita Canyon Sports Park continues to be the
most highly utilized sports parks with year round use by both soccer and baseball, in addition to the
active use of the tennis courts, playgrounds and picnic areas. One of the only complaints staff ever
receives regarding this park is the lack of shade. Although there were over 1,000 trees planted in the
park, it will take several more years until they are mature enough to provide useful shade for park -
goers. There are no covered picnic areas in the park and this is a popular spot for family gatherings.
We have received numerous requests from the Youth Sports Commission members to look into
shade options for the bleacher areas that are adjacent to the sports fields. (See attached letters of
support from the two major youth sports organizations utilizing the park — Newport Beach Little
League and AYSO Region 57.)
DISCUSSION
As you may recall, the opening of this park was delayed on several occasions due to construction
related issues. One fortunate side effect of the extended construction delays was that nearly $2
million in interest earnings were credited to the construction proceeds during the course of
construction. The Bonita Canyon bond indenture provides that the interest earnings can be (1)
transferred to the Newport-Mesa Unified School District improvement account; (2) utilized to reduce
the outstanding bonds; or (3) for improvements to the sports park.
The majority of the interest earnings were utilized for enhancements to the original construction
contract and for the design and construction of the Newport Coast Loop Road project (an eligible
NMUSD improvement account project). After the completion of the Loop Road project, $88,411
remained in the City's improvement account for further use.
As part of the FY 2005106 Capital Improvement Plan, City Council authorized $75,457 for an onsite
storage facility at the park to be used by the various youth sports organizations for equipment.
•
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 2
(June 27, 2006)
Ultimately prefabricated sheds were installed with staff labor at a significant savings leaving
appropriations of $53,681 available for closely related projects. (A budget amendment in the
amount of $5;925 was approved to increase the balance carried over from the Storage Building CIP
to.'meet the :expenses for the Shade Structures. Those funds were transferred from the Bonita
Canyon Sports Park interest account.) With the concurrence of the Youth Sports Commission,
staff recommends that the remaining appropriation be used for. sun shades providing shade and
protection for the park patrons using the 8 ball field spectator stands and 6 picnic tables.
Attachment A is a photo of the proposed structures. Attachment B identifies the areas within the
park that the structures will be placed.
In addition to the obvious benefit of shade that the structures will provide, they will also address a
safety issue that exists at fields 1 and 2, where the fields are so close that foul balls from each field
often land in the stands of the adjacent field. These structures would also then provide the
necessary overhead protection.
Shade structures that meet the necessary safety specifications are a specialized item only
manufactured by a limited number of vendors. In addition, the structures come in standard sizes
that would not accommodate our needs and necessitate custom structures to be manufactured.
Custom colored concrete will also be used to match the existing pavers in the park. United Sports
Surfacing of America (USSA) provided bids from two vendors for the purchase and installation of the
structures.
The City has worked with USSA in the past and they have proven to be a qualified and reliable
vendor. In addition a warranty sheet has been provided from USSA guaranteeing work.
Staff brought this item to the Parks, Beaches & Recreation Commission for their input at the May 2,
2006 meeting. At that meeting several of the Commissioners expressed that they did not feel
comfortable supporting this project as they felt it was unnecessary and too costly.
Upon hearing the input of the Commission several.members of the Youth Sports Commission
contacted their Council representatives and asked that this item continue to be forwarded to the
Council for approval.
by:
Marie K ight, Recreati4 & Senior Services Director
Attach ent:
A. Shade Structure Picture
B. Contract
C. Maps with locations for shade structures depicted
D. Email letters of support for YSO
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Attachment B
CONTRACT WITH UNITED SPORTS SURFACING OF AMERICA, INC.
FOR THE PURCHASE AND INSTALLATION OF SHADE STRUCTURES
AT BONITA CANYON SPORTS PARK
THIS CONTRACT is made and entered into as of this _ day of 2006, by and between
the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and UNITED SPORTS SURFACING
OF AMERICA, INC, a California corporation, whose principal place of business is 4000 Barranca Parkway,
Suite 250, Irvine, CA, 92604 ( "Seller"), and is made with reference to the following:
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 desires to purchase nine "Custom Canopies" Shade Structures from Seller (hereinafter
referred to as the "Shade Structures ").
C. City also desires to engage Seller to install the Shade Structures at Bonita Canyon Sports
Park in Newport Beach over the picnic area and over eight baseball field stands, as
outlined further herein (hereainafter referred to as the "Project"). Seller also has agreed to
provide a 6 -year warranty on the fabric and a 10 -year warranty on the steel frames upon
which the fabric will be hung.
D. Seller has examined the location of all proposed work, is. familiar with all conditions relevant
to the performance of the services contemplated herein, and has committed to provide the
required goods and services for the price specified in this Contract.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. SCOPE OF WORK
Seller shall provide all of the project deliverables and perform all the services described in the
Quotation attached hereto as Attachment A and incorporated herein by this reference.
As a material inducement to the City entering into this Agreement, Seller represents and warrants
that Seller is a provider of first -class products and services and that Seller is experienced in
performing the work and services contemplated herein and, in light of such status and experience,
Seller covenants that it shall follow the highest professional standards in performing the work and
services and that all products and materials will be of good quality. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first -Gass firms performing similar work under similar circumstances.
Seller shall install the Shade Structures at Bonita Canyon Sports Park in Newport Beach, CA as
described in the Quotation attached.
2. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Contract and Seller shall
complete the Project within 60 days of execution of this Agreement The failure by Seller to meet
this deadline may result in termination of this Contract by City.
0 3. COMPENSATION
As full compensation for providing the products and services outlined in the Proposal, City shall pay
to Seller and Seller accepts as full payment the sum of Fifty -Eight Thousand, Seven Hundred
and Five Dollars and Ninety -Two Cents ($58,705.92). Seller shall not receive any additional
compensation unless approved in advance by the City in writing.
The City shall pay Seller forty percent (40 %) of the purchase price upon execution of this Contract,
and the balance upon satisfactory delivery and installation.
4. ADMINISTRATION
This Contract will be administered by the Recreation & Senior Services Department. Sean Levin
shall be the Project Administrator and shall have the authority to act for City under this Contract.
The Project Administrator or his/her authorized representative shall represent City in all matters
pertaining to the services to be rendered pursuant to this Contract.
5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
5.1 Seller shall use only the products and materials described in Attachment A in performing
Contract Services. Any deviation from the products and materials described in Attachment
A shall not be installed unless approved in advance by the City Administrator.
5.2 Seller shall perform all work diligently, carefully, and in a good and workmanlike manner,
and shall furnish all labor, supervision, machinery, equipment, materials, and supplies
necessary therefore.
5.3 All services shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
5.4 Seller shall use colored concrete to match the existing pavers adjacent to the eight (8)
bleachers.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
Seller agrees to indemnify, defend and hold harmless the City, its elected and appointed officials,
officers, employees and agents ( "City Indemnities ") from any claims, demands or liability of any
kind or nature, including, but not limited to, personal injury or property damage, arising from or
related to the products, services or other performance provided by Seller pursuant to this Contract,
unless such injury is caused by the sole negligence or concurrent active negligence of the City or
City Indemnities. If Seller's negligence combines with the City's active negligence to cause injury,
Seller and City agree that liability will be apportioned as determined by a court of competent
jurisdiction. Neither party shall request a jury appointment.
7. INDEPENDENT CONTRACTOR
City has retained Seller as an independent Seller and neither Seller nor its employees are
to be considered employees of the City. The manner and means of conducting the work
are under the control of Seller, except to the extent they are limited by statute, rule or
regulation and the express terms of this Contract. No civil service status or other right of
employment shall accrue to Seller or its employees.
8.
0 0
COOPERATION 0
Seller agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to be
performed. City agrees to cooperate with the Seller on the Project.
INSURANCE
Without limiting Seller's indemnification of City, and prior to commencement of work. Seller shall
obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies
of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Seller shall provide certificates of insurance with original
endorsements to City as evidence of the insurance coverage required herein. Insurance
certificates must be approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance shall be kept on
file with City's at all times during the term of this Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign
,certification of all required policies.
C. 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.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Seller shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. Any
notice of cancellation or non - renewal of all Workers' Compensation policies
must be received by City at least thirty (30) calendar days (10 calendar
days written notice of non - payment of premium) prior to such change. The
insurer shall agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work performed
by Seller for City.
ii. General Liability Coverage. Seller shall maintain commercial general
liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, contractual liability. If commercial
general liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to
be performed under this Contract, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Seller shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Seller
arising out of or in connection with work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each occurrence.
10. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this Agreement is the
professional reputation, experience and competence of Seller. Assignments of any or all rights,
duties or obligations of the Seller under this Agreement will be permitted only with the express
written consent of City. Seller shall not subcontract any portion of the work to be performed under
this Agreement without the prior written authorization of City.
11. WITHHOLDINGS
City may withhold payment to Seller of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to pay
according to the terms of this Contract. Seller shall not discontinue work as a result of such
withholding. Seller shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Seller shall be entitled to receive interest on any withheld sums
at the rate of return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
12. CONFLICTS OF INTEREST
The Seller or its employees may be subject to the provisions of the California Political Reform Act
of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may
foreseeably be materially affected by the work performed under this Contract, and (2) prohibits
such persons from making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act, Seller shall conform to all requirements of the Act. Failure to do so constitutes
a material breach and is grounds for immediate termination of this Contract by City. Seller shall
indemnify and hold harmless City for any and all claims for damages resulting from Seller's
violation of this Section.
13. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Contract shall be
given in writing, to City by Seller 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. All notices, demands, requests or
approvals from Seller to City shall be addressed to City to:
Sean Levin, Recreation Manager
Recreation & Senior Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3159 - Fax. 949 -644 -3155
All notices, demands, requests or approvals from CITY to Seller shall be addressed to Seller to:
Karoleen Alexander
United Sports Surfacing of America, Inc.
4000 Barranca Parkway, Suite 250
Irvine, CA 92604
Phone: 949 - 5514696 - Fax: 949- 551 -4695
14. TERMINATION
In the event that either parry fails or refuses to perform any of the provisions of this Contract at the
time and in the manner required, that party shall be deemed in default in the performance of this
Contract. If such default is not cured within a period of two (2) calendar days, 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, specifying the nature of such default and the steps necessary to cure such default, the
non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written
notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and without
cause, of terminating this Contract at any time by giving seven (7) calendar days prior written
notice to Seller. In the. event of termination under this Section, City shall pay Seller for services
satisfactorily performed and costs incurred up to the effective date of termination for which Seller
has not been previously paid. On the effective date of termination, Seller shall deliver to City all
materials purchased in performance of this Contract.
15. COMPLIANCE WITH ALL LAWS
Seller 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.
16. WAIVER
A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a
waiver of any subsequent breach of the same or any other term, covenant or condition.
17. INTEGRATED CONTRACT
This Contract represents the full and complete understanding of every kind or nature whatsoever
between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or
nature are merged herein. No verbal Contract or implied covenant shall be held to vary the
provisions herein.
18. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Contract and the attached
Proposal, the terms of this Contract shall govern.
19. AMENDMENTS
This Contract may be modified or amended only by a written document executed by both Seller
and City and approved as to form by the City Attorney.
20. EFFECT OF.SELLER'S EXECUTION
Execution of this Contract by Seller is a representation that Seller has visited the Project Sites, has
become familiar with the conditions under which the work is to be performed, and has taken into
consideration these factors in submitting its Proposal.
21. INFRINGEMENT
Unless otherwise expressly provided in this Contract, Seller shall be solely responsible for clearing
the right to use any patented or copyrighted materials in the performance of this Contract. Seller
warrants that any software as modified through services provided hereunder will not infringe upon
or violate any patent, proprietary right, or trade secret right of any third party. Seller shall indemnify
and defend City, at Seller's expense, against all claims, demands, suits, liability, and expense on
account of alleged infringement of any patent, copyright or trademark, resulting from or arising in
connection with the manufacture, sale, normal use or other normal disposition of any good or
article of material furnished hereunder.
22. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Contract and all matters relating to it and any
action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in
the County of Orange.
0
0
23. WARRANTY
Seller expressly warrants that the goods covered by this Contract are: (1) free of liens or
encumbrances, (2) of merchantable quality and fit for the ordinary purposes for which they are
used, and (3) fit for the particular purpose for which they are intended, and (4) satisfactory and safe
for consumer use.
Seller also has agreed to provide a 5 -year warranty on the Custom Canopies fabric and a 10 -year
warranty on the steel frame structures upon which the Shade Structures will be installed. This
warranty is outlined in more detail in Attachment B.
24. 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 against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year
first written above.
APPROVED AS TO FORM:
By:
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
Attachments: Exhibit A. Quotation
Exhibit B. Warranty
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Don Webb
Mayor
for the City of Newport Beach
UNITED SPORTS SURFACING
OF AMERICA, INC:
By:
Name:
Title:
By:
Name:
Titre:
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 17
June 13, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation and Senior Services
Marie Knight, Director
644 -3157 — mknight @city.newport- beach.ca.us
SUBJECT: Contract for Purchase and Installation of Shade Structures at Bonita Canyon
Sports Park
ISSUE
Should the City Council approve the attached Contract with United States Sports Surfacing of
America for the purchase and installation of shade structures at Bonita Canyon Sports Park.
RECOMMENDATION
It is recommended that the Council approve the attached Contract with United Sports Surfacing of
America for the purchase and installation of shade structures at Bonita Canyon Sports Park in the
amount of $58,706. A budget amendment in the amount of $5,025 was approved to increase the
balance carried over from the Storage Building CIP to meet the expenses for the Shade Structures.
Those funds ($5,024.92) were transferred from the Bonita Canyon Sports Park interest account.
Shade structures that meet the necessary safety specifications are a specialized item only
manufactured by a limited number of vendors. In addition, the structures come in standard sizes
that would not accommodate our needs and necessitate custom structures to be manufactured.
Custom colored concrete will also be used to match the existing pavers in the park. United Sports
Surfacing of America (USSA) provided bids from two vendors for the purchase and installation of the
structures.
The City has worked with USSA in the past and they have proven to be a qualified and reliable
vendor. In addition a warranty sheet has been provided from USSA guaranteeing work.
BACKGROUND
Since the grand opening over three years ago, the Bonita Canyon Sports Park continues to be the
most highly utilized sports parks with year round use by both soccer and baseball, in addition to the
active use of the tennis courts, playgrounds and picnic areas. One of the only complaints staff ever
receives regarding this park is the lack of shade. Although there were over 1,000 trees planted in the
park, it will take several more years until they are mature enough to provide useful shade for park -
goers. There are no covered picnic areas in the park and this is a popular spot for family gatherings.
We have received numerous requests from the Youth Sports Commission members to look into
shade options for the bleacher areas that are adjacent to the sports fields.
DISCUSSION
As you may recall, the opening of this park was delayed on several occasions due to construction
related issues. One fortunate side effect of the extended construction delays was that nearly $2
million in interest earnings were credited to the construction proceeds during the course of
construction. The Bonita Canyon bond indenture provides that the interest earnings can be (1)
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 2
(June 13, 2006)
transferred to the Newport-Mesa Unified School District improvement account; (2) utilized to reduce
the outstanding bonds; or (3) for improvements to the sports park.
The majority of the interest earnings were utilized for enhancements to the original construction
contract and for the design and construction of the Newport Coast Loop Road project (an eligible
NMUSD improvement account project). After the completion of the Loop Road project, $88,411
remained in the City's improvement account for further use.
As part of the FY 2005/06 Capital Improvement Plan, City Council authorized $75,457 for an onsile
storage facility at the park to be used by the various youth sports organizations for equipment.
Ultimately prefabricated sheds were installed with staff labor at a significant savings leaving
appropriations of $53,681 available for closely related projects. With the concurrence of the Youth
Sports Commission, staff recommends that the remaining appropriation be used for sun shades
providing shade and protection for the park patrons using the 8 ball field spectator stands and 6
picnic tables. Attachment A is a photo of the proposed structures.
Staff brought this item to the Parks, Beaches & Recreation Commission for their input at the May 2,
2006 meeting. At that meeting several of the Commissioners expressed that they did not feel
comfortable supporting this project as they felt it was unnecessary and too costly.
Upon hearing the input of the Commission several members of the Youth Sports Commission
contacted their Council representatives and asked that this item continue to be forwarded to the
Council for approval.
Marie
Director
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CONTRACT WITH UNITED SPORTS SURFACING OF AMERICA, INC.
FOR THE PURCHASE AND INSTALLATION OF SHADE STRUCTURES
AT BONITA CANYON SPORTS PARK
THIS CONTRACT is made and entered into as of this _ day of 2006, by and between
the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and UNITED SPORTS SURFACING
OF AMERICA, INC, a California corporation, whose principal place of business is 4000 Barranca Parkway,
Suite 250, Irvine, CA, 92604 ( "Seller "), and is made with reference to the following:
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 desires to purchase nine "Custom Canopies" Shade Structures from Seller (hereinafter
referred to as the "Shade Structures ).
C. City also desires to engage Seller to install the Shade Structures at Bonita Canyon Sports
Park in Newport Beach over the picnic area and over eight baseball field stands, as
outlined further herein (hereainafter referred to as the 'Project'). Seller also has agreed to
provide a 6 -year warranty on the fabric and a 10 -year warranty on the steel frames upon
which the fabric will be hung.
D. Seller has examined the location of all proposed work, is familiar with all conditions relevant
to the performance of the services contemplated herein, and has committed to provide the
required goods and services for the price specified in this Contract.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
SCOPE OF WORK
Seller shall provide all of the project deliverables and perform all the services described in the
Quotation attached hereto as Attachment A and incorporated herein by this reference.
As a material inducement to the City entering into this Agreement, Seller represents and warrants
that Seller is a provider of first -class products and services and that Seller is experienced in
performing the work and services contemplated herein and, in light of such status and experience,
Seller covenants that it shall follow the highest professional standards in performing the work and
services and that all products and materials will be of good quality. For purposes of this
Agreement, the phrase "highest professional standards' shall mean those standards of practice
recognized by one or more first -class firms performing similar work under similar circumstances.
Seller shall install the Shade Structures at Bonita Canyon Sports Park in Newport Beach, CA as
described in the Quotation attached.
2. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Contract and Seller shall
complete the Project within 60 days of execution of this Agreement. The failure by Seller to meet
this deadline may result in termination of this Contract by City.
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 2
(June 13, 2006)
3. COMPENSATION
As full compensation for providing the products and services outlined in the Proposal, City shall pay
to Seller and Seller accepts as full payment the sum of Fifty -Eight Thousand, Seven Hundred
and Five Dollars and Ninety-Two Cents ($58,705.92). Seller shall not receive any additional
compensation unless approved in advance by the City in writing.
The City shall pay Seller forty percent (40 %) of the purchase price upon execution of this Contract,
and the balance upon satisfactory delivery and installation.
4. ADMINISTRATION
This Contract will be administered by the Recreation & Senior Services Department. Sean Levin
shall be the Project Administrator and shall have the authority to act for City under this Contract.
The Project Administrator or his /her authorized representative shall represent City in all matters
pertaining to the services to be rendered pursuant to this Contract.
5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
5.1 Seller shall use only the products and materials described in Attachment A in performing
Contract Services. Any deviation from the products and materials described in Attachment
A shall not be installed unless approved in advance by the City Administrator.
5.2 Seller shall perform all work diligently, carefully, and in a good and workmanlike manner,
and shall furnish all labor, supervision, machinery, equipment, materials, and supplies
necessary therefore.
5.3 All services shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
5.4 Seller shall use colored concrete to match the existing pavers adjacent to the eight (8)
bleachers.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
Seller agrees to indemnify, defend and hold harmless the City, its elected and appointed officials,
officers, employees and agents ( "City Indemnities ") from any claims, demands or liability of any
kind or nature, including, but not limited to, personal injury or property damage, arising from or
related to the products, services or other performance provided by Seller pursuant to this Contract,
unless such injury is caused by the sole negligence or concurrent active negligence of the City or
City Indemnities. If Seller's negligence combines with the City's active negligence to cause injury,
Seller and City agree that liability will be apportioned as determined by a court of competent
jurisdiction. Neither party shall request a jury appointment.
INDEPENDENT CONTRACTOR
City has retained Seller as an independent Seller and neither Seller nor its employees are
to be considered employees of the City. The manner and means of conducting the work
are under the control of Seller, except to the extent they are limited by statute, rule or
regulation and the express terms of this Contract. No civil service status or other right of
employment shall accrue to Seller or its employees.
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 3
(June 13, 2006)
a. COOPERATION
Seller agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to be
performed. City agrees to cooperate with the Seller on the Project.
9. INSURANCE
Without limiting Seller's indemnification of City, and prior to commencement of work. Seller shall
obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies
of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Seller shall provide certificates of insurance with original
endorsements to City as evidence of the insurance coverage required herein. Insurance
certificates must be approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance shall be kept on
file with City's at all times during the term of this Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign
certification of all required policies.
C. 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.
D. Coveraqe Requirements.
Workers' Compensation Coverage. Seller shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. Any
notice of cancellation or non - renewal of all Workers' Compensation policies
must be received by City at least thirty (30) calendar days (10 calendar
days written notice of non - payment of premium) prior to such change. The
insurer shall agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work performed
by Seller for City.
General Liability Coverage. Seller shall maintain commercial general
liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, contractual liability. If commercial
general liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to
be performed under this Contract, or the general aggregate limit shall be at
least twice the required occurrence limit.
ii. Automobile Liability Coverage. Seller shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Seller
arising out of or in connection with work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, In an amount not less than one million dollars ($1,000,000)
combined single limit for each occurrence.
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 4
(June 13, 2006)
10, SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this Agreement is the
professional reputation, experience and competence of Seller. Assignments of any or all rights,
duties or obligations of the Seller under this Agreement will be permitted only with the express
written consent of City. Seller shall not subcontract any portion of the work to be performed under
this Agreement without the prior written authorization of City.
11. WITHHOLDINGS
City may withhold payment to Seller of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to pay
according to the terms of this Contract. Seller shall not discontinue work as a result of such
withholding. Seller shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Seller shall be entitled to receive interest on any withheld sums
at the rate of return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
12. CONFLICTS OF INTEREST
The Seller or its employees may be subject to the provisions of the California Political Reform Act
of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may
foreseeably be materially affected by the work performed under this Contract, and (2) prohibits
such persons from making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act, Seller shall conform to all requirements of the Act. Failure to do so constitutes
a material breach and is grounds for immediate termination of this Contract by City. Seller shall
indemnify and hold harmless City for any and all claims for damages resulting from Seller's
violation of this Section.
13, NOTICES
All notices, demands, requests or approvals to be given under the terms of this Contract shall be
given in writing, to City by Seller 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. All notices, demands, requests or
approvals from Seller to City shall be addressed to City to:
Sean Levin, Recreation Manager
Recreation & Senior Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3159 - Fax: 949 -644 -3155
All notices, demands, requests or approvals from CITY to Seller shall be addressed to Seller to:
Karoleen Alexander
United Sports Surfacing of America, Inc.
4000 Barranca Parkway, Suite 250
Irvine, CA 92604
Phone: 949- 551 -4696 - Fax: 949- 551 -4695
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 5
(June 13, 2006)
14. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this Contract at the
time and in the manner required, that party shall be deemed in default in the performance of this
Contract. If such default is not cured within a period of two (2) calendar days, 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, specifying the nature of such default and the steps necessary to cure such default, the
non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written
notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and without
cause, of terminating this Contract at any time by giving seven (7) calendar days prior written
notice to Seller. In the event of termination under this Section, City shall pay Seller for services
satisfactorily performed and costs incurred up to the effective date of termination for which Seller
has not been previously paid. On the effective date of termination, Seller shall deliver to City all
materials purchased in performance of this Contract.
15. COMPLIANCE WITH ALL LAWS
Seller 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.
16. WAIVER
A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a
waiver of any subsequent breach of the same or any other term, covenant or condition.
17. INTEGRATED CONTRACT
This Contract represents the full and complete understanding of every kind or nature whatsoever
between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or
nature are merged herein. No verbal Contract or implied covenant shall be held to vary the
provisions herein.
18. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Contract and the attached
Proposal, the terms of this Contract shall govern.
19. AMENDMENTS
This Contract may be modified or amended only by a written document executed by both Seller
and City and approved as to form by the City Attorney.
20. EFFECT OF SELLER'S EXECUTION
Execution of this Contract by Seller is a representation that Seller has visited the Project Sites, has
become familiar with the conditions under which the work is to be performed, and has taken into
consideration these factors in submitting its Proposal.
21. INFRINGEMENT
Unless otherwise expressly provided in this Contract, Seller shall be solely responsible for clearing
the right to use any patented or copyrighted materials in the performance of this Contract. Seller
warrants that any software as modified through services provided hereunder will not infringe upon
or violate any patent, proprietary right, or trade secret right of any third party. Seller shall indemnify
and defend City, at Seller's expense, against all claims, demands, suits, liability, and expense on
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 6
(June 13, 2006)
account of alleged infringement of any
connection with the manufacture, sale,
article of material furnished hereunder.
22. CONTROLLING LAW AND VENUE
patent, copyright or trademark, resulting from or arising in
normal use or other normal disposition of any good or
The laws of the State of California shall govern this Contract and all matters relating to it and any
action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in
the County of Orange.
23. WARRANTY
Seller expressly warrants that the goods covered by this Contract are: (1) free of liens or
encumbrances, (2) of merchantable quality and fit for the ordinary purposes for which they are
used, and (3) fit for the particular purpose for which they are intended, and (4) satisfactory and safe
for consumer use.
Seller also has agreed to provide a 5 -year warranty on the Custom Canopies fabric and a 10 -year
warranty on the steel frame structures upon which the Shade Structures will be installed. This
warranty is outlined in more detail in Attachment B.
24. 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 against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year
first written above.
APPROVED AS TO FORM:
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachments: Exhibit A. Quotation
Exhibit B. Warranty
CITY OF NEWPORT BEACH,
A Municipal Corporation
0
Don Webb
Mayor
for the City of Newport Beach
UNITED SPORTS SURFACING
OF AMERICA, INC:
Name:
Title:
Name:
Title:
01/23/2006 16:11 FAX 9495514695 UNITED SPORTS SURFACING [A0021002
As Requested
Shade Structures
DATE:
TO:
Plione / Fax
E A
United Sports Surfacing of America, Inc,
QUOTATION
January 23, 2006
tXhlblj A
www, spartsurf acing. com
Andrea McGuire— Superintendent Of Recreation
City of Newport Beach
949- 644 -3161 949 - 644 -3155
Thank you for the opportunity to provide you with the following quotation.
PROJECT NAME: BONITA CANTON SPORTS PARK
SHADE STRUCTURES by Custom Canopies
Eight (8) Full Cantilever 2 Posts
Custom Field Heights,
1 :12'x2216 "x12'
2: 13' x 22'6" x 12'
3: 10' x 22'6" x 12
4:161 x24'10 "x12'
powder coated steel (white, black or beige)
custom colors avail at addt'l cost
80 mph windload
Shadesure high - density polyetbylene Cloth
Had protection, approx 80% shade, 90% UV protection
Expected life 10 -12 years, 6 year (normal wear) warranty
against fading, cracking, tearing, fraying and mildew
534,407.18
removal, sales t21c proiect manneer, S vdar warranty on fabric ten leap warranty ofslee! an
site
Ppiee Excludes: Permits and PerformmncelWorranty Bonds
Allow 6 weeks from date of Purchase Order (some orders may he shipped in less time).
Karoleen Alexander, Estimator (949) 551 -4696
Should this proposal find your approval, please issue purchase order to:
USSR, Inc - Fax (949) 551 -4695
Covering New Ground
4000 Barranca Parkway, Suite 250, Irvine, California 92604 • tel: (949) 551 -4696 • fax: (949) 551 -4695
03/31/2006 00:30 FAX 9495514695 UNITED SPORTS SURFACING
�, "-4-7zfp4
United Sports Surfacing of America, Inc.
USSA / CUSTOM CANOPIES INTL.
WARRANTY
Purchaser
Installation Location:
Product:
Date Ins
USSA/ Custom Canopies Intl, Inc. warrants that:
tn 001/002
�xh►b1�- B
A.) Fabric is conditionally warranted for six (6) years (Normal Wear) warranty against
fading, cracking, tearing, fraying and mildew.
B.) SO Miles Per hour Wind Load
C.) High Density Cloth
D.) Steel work is warranted for ten (10) years from completion of installation date
E.) This warranty is not transferable
F.) This warranty does not cover structural movement or internal impact caused by any acts
of uncontrollable nature.
This warranty shall only be valid:
A) If original warranty is that was signed by USSA, Inc. is presented
B) If the purchaser has paid in full for the products.
In the event of warranty issues, USSA will respond to the owner within seven (7) business days to
make arrangements for a site visit. Upon site inspection, conditions will be determined and
assessed and potential obligations to perform repair or other will be provided within a reasonable
and agreeable time frame, weather permitting.
Manufacture's obligations under this warranty will be limited to:
a) Replacement of the product or,
b) Supply of equivalent products or,
e) Repair of the products and products will be pro rated to the warranty period.
Signed on behalf of USSA, Inc. / Custom Canopies Intl.
Covering new ground
4000 BarraTica Parkway; Suite 250, Irvine, California 92604 - tel: (949) 551 -4696 - fax: (949) 551 -4695
Mayor
Don Webb
Mayor ProTem
TO:
Steven Rosansky
Conrail Members
FROM
Keith D. Curry
Leslie J. Daigle
SUBJECT:
Richard A. Nichols
Tod W. Ridgeway
DATE:
Edward D. Selich
CITY OF NEWPORT BEACH
OFFICE OF THE CITY COUNCIL
Honorable Mayor and Members of the City Council
Keith Curry, Council Member, 7th District
Shade Structures at Bonita Canyon Sports Park
June 7, 2006
I asked the City Manager to place this item on the agenda for the June 13th
meeting. My reasons for doing so is when staff from Recreation & Senior
Services brought this item to PB &R for information, some PB &R members
expressed a desire not to purchase and install the shade structures. The item
on the PB &R agenda was not an action item, but an informational item only.
Therefore, in the discussion that took place, PB &R did not actually vote to
disapprove the action; thus, it did not provide me an opportunity to "call up"
a PB &R vote.
The shade structures were requested by sports groups which regularly utilize
Bonita Canyon Sports Park. The existing trees are not of sufficient size to
provide needed shade on hot days. Since the money which would be used to
purchase shade structures is limited to Bonita Canyon Sports Parks uses, and
since shade structures seem to be a high priority for park users, I hope the
City Council will move forward with its approval to purchase and install them,
so shade can be provided from the structures before the end of summer.
I think this use and expenditure is entirely appropriate and justified, and I
hope the rest of Council will agree. If there is some disagreement on my
request, I do ask the item be continued until the June 27th Council meeting
when I will be present.
Thank you for your consideration.
Keith Curry, Council Member
City Hall • 3300 Newport Boulevard • Post Office Box 1768
Newport Beach California 92658 -8915 • www.city.newport- beach.ca.us