HomeMy WebLinkAboutC-4330 - Repair Services for FRP Chemical TankCONTRACT WITH FIBER -TECH ENGINEERING, INC.
FOR REPAIR SERVICES FOR FRP CHEMICAL TANK
THIS CONTRACT is made and entered into as of this AZ day of July, 2009, by and between
the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City ( "City'), and
FIBER -TECH ENGINEERING, INC., whose principal place of business is 611 Rock Springs
Road, Escondido, California 92025 ( "Contractor"), 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 is planning to have a Fiberglass Reinforced Plastic (FRP) chemical tank repaired.
C. City desires to engage Contractor to repair /reline the FRP chemical tank at Big Canyon
Reservoir ( "Project'). Contractor has agreed to perform the Project within a 60 day
period, commencing on July 20, 2009.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the City for the Project, and is familiar with all
conditions relevant to the performance of services and has committed to perform all
work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. SCOPE OF WORK
Contractor shall perform all the "services described in the Scope of Work attached hereto
as Exhibit A and incorporated herein by this reference. As a material inducement to the
City entering into this Agreement, Contractor represents and warrants that Contractor is
a provider of first class work and services and Contractor is experienced in performing
the work and services contemplated herein and, in light of such status and experience,
Contractor covenants that it shall follow the highest professional standards in performing
the work and services required hereunder and that all 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.
Contractor shall perform everything required to be performed, and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
2. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Contractor shall complete the Work within the time set forth in this Section. The failure
by Contractor to meet this deadline may result in termination of this Agreement by City
and assessment of damages as outlined in Section 2.1.
Project shall be completed within 60 days of receiving Notice to Proceed.
3. COMPENSATION
As full compensation for the performance and completion of the Project as required by
the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment
the sum of Sixteen Thousand Two Hundred Three Dollars and No /100 ($16,203.00).
Contractor shall not receive any additional compensation unless approved in advance by
the City in writing. The City shall make full payment to Contractor no later than 30 days
after completion and acceptance of the Project.
CwommaZi9i �IFAiZT- if GJZ1
This Agreement will be administered by the Utilities Department. Kent Russell shall be
the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or his /her authorized representative shall
represent City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
5. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE
5.1 Contractor shall use only the standard materials described in Exhibit A in
performing services under this Agreement. Any deviation from the materials
described in Exhibit A shall not be installed unless approved in advance by the
City Administrator.
5.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to
perform the services required by this Agreement, and that it will perform all
services in a manner commensurate with community professional standards. All
services shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
6.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or
other things used or employed in performing the Project or for injury to or death
of any person as a result of Contractor's performance of the services required
hereunder; or for damage to property from any cause arising from the
performance of the Project by Contractor, or its subconcontractors, or its
workers, or anyone employed by either of them.
6.2 Contractor shall be responsible for any liability imposed by law and for injuries to
or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's work on the Project, or
the work of any subcontractor or supplier selected by the Contractor.
6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and
employees from and against: (1) any and all loss, damages, liability, claims,
allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damage, or any other claims arising from any and all acts or omissions
of Contractor, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement; (2) use of
improper materials in performing this Project including, without limitation, defects
in workmanship or materials and /or design defects; and /or (3) any and all claims
asserted by Contractor's subconcontractors or suppliers on the Project, and shall
include reasonable attorneys' fees and all other costs incurred in defending any
such claim. However, nothing herein shall require Contractor to indemnify City
from the sole negligence or willful misconduct of City, ifs officers or employees.
6.4 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and
private property. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
6.5 To the extent authorized by law, as much of the money due Contractor under and
by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages
as aforesaid.
6.6 Nothing in this section shall be construed as authorizing any award of attorney's
fees in any action to enforce the terms of this Agreement, except to the extent
provided in Section 6.3 above.
6.7 The rights and obligations set forth in this Section shall survive the termination of
this Contract.
INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
a. COOPERATION
Contractor agrees to work closely and cooperate fully with Citys 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 Contractor on the Project.
9. INSURANCE
Without limiting Contractor's indemnification of City, and orior to commencement of
work,, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, 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. Contractor 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 or performance of any
work. Current certification of insurance shall be kept on file with City at all times
during the term of this Agreement.
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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. Contractor 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. In
addition, Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California for all of the
subcontractor's employees. 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 Contractor for City.
ii. General Liability Coverage. Contractor 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 Agreement, or the
general aggregate limit shall be at least twice the required occurrence
limit.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of
the Contractor 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 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:
The City, its elected or appointed officers, officials, 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.
ii. 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
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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. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Contractor.
Assignments of any or all rights, duties or obligations of the Contractor under this
Agreement will be permitted only with the express written consent of City. Contractor
shall not subcontract any portion of the work to be performed under this Agreement
without the written authorization of City.
11. WITHHOLDINGS
City may withhold payment to Contractor 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. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor 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. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Contractor.
Assignments of any or all rights, duties or obligations of the Contractor under this
Agreement will be permitted only with the express written consent of City. Contractor
5
shall not subcontract any portion of the work to be performed under this Agreement
without written authorization of City.
13. WITHHOLDINGS
City may withhold payment to Contractor 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. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor 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.
14. CONFLICTS OF INTEREST
The Contractor 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, Contractor 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. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
15. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Contractor 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 Contractor to
City shall be addressed to City at:
Attn: Kent Russell
Utilities Department
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA, 92660
Phone: 949 - 644 -3011
Fax: 949 - 646 -5204
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Attention: Jeh Mody
Fiber -Tech Engineering, Inc.
611 Rock Springs Road
Escondido, CA 92025
Phone: 760 - 735 -6277
Fax: 760 - 735 -6274
0
16. TERMINATION
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, 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 Agreement 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 Agreement at any time by giving seven (7) calendar
days prior written notice to Contractor. In the event of termination under this Section,
City shall pay Contractor for services satisfactorily performed and costs incurred up to
the effective date of termination for which Contractor has not been previously paid. On
the effective date of termination, Contractor shall deliver to City all materials purchased
in performance of this Agreement.
17. COMPLIANCE WITH ALL LAWS
Contractor 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.
18. WAIVER
A waiver by City of any term, covenant, or condition in the Agreement shall not be
deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
19. INTEGRATED AGREEMENT
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 Agreement or implied
covenant shall be held to vary the provisions herein.
20. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services, the terms of this Agreement shall govern.
21. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
22. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has
7
visited the Project Site, has become familiar with the local conditions under which the
work is to be performed, and has taken into consideration these factors in submitting its
Project Proposal and Scope of Work.
23. CONTROLLING LAW AND VENUE
The laws of the State of California shall govem 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.
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 the Agreement or any other rule of construction which might otherwise
apply.
25. WARRANTY
FIBER -TECH ENGINEERING, INC. (FTE) warrants that the repair /relining of the FRP
Tank inside side wall and bottom (PRODUCT /S), shall be free from defects in material
and workmanship under normal use and service for a period of one (1) year from the
date of repair (Exhibit B).
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
APPROVED AS TO FORM:
OFFICE OF CITY ATTORNEY:
01
By:
ynette D. ech p,
Assistant City A rney
ATTEST:
By: Pr In, U'/
Leilani Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
B - — ____ ��Z
eo e M rdoch,
Utilities Director
CONTRACTOR:
FIBER -TECH ENGINEERING, INC.
By:
Title: President
Name: Jerold Burke
By:
(Financial Officer)
Title: Secretary
Name: Patricia Burke
Attachments: Exhibit A - Scope of Services
Exhibit B — Warranty
.01
QQQFiber Tech
EXHIBIT °A'
QUOTATION
June 25, IM Page 1 of 1
To: City of Newport
Atin, Landin Miller
Project Reference: Big Canyon Reservoir
Quote # 29189
Rem
Description
Raft
9ft
Total
1
AN labor and materials to fiberglass line a WO X
9.5' tall FRP tank for 12.5% concentration Sodium
Hypochlorlte storage.
Lining will be carried outas,dutflned and
recommended by the renin manufacturer.
Lot
$16,205.00
CA Contractor's License #808046
Work will be carried out by experienced technicians
with over 40 years ice in corrosion resistant
fiberglass faiiricallOn and lkdng.
"T &C FORM 99 ATTACHED IANLL GOVERN ALL
PURCHASE ORDERS RESULTING FROM THE
QUOTATION.
We thank you for this opportunity to submit our
proposal and If you have any questions, please do
not hesitate to contact us. For further informatien.
on Fiber -Tech Engineering, please visit our web site
www.fi bertecheno. corn.
Jeh Mody
Project Manager
inycly6ftertecheng.oarn
611 Rock Springs Road Escondido, CA. 92025
(760) 735 -6277 Fax (760) 735 -6274
1- 888 -NEED FRP
Terms and Conditions
By Acceptance of this Offer the Buyer Expressly Agrees;
2. MODIFICATION. No weiver or modification of cr addition to the terms and condtions contained herein shag be valid
unless IawcNOg and signed by the dugr e-dhnd m cep:oserdative of Fiber-Tech Engineering, lac.
CONTINGENCIES• Ef her- TachEngioeedgg,Inc.shatimtbe held ltabtaor deemed IndafauliIf pmwaiedfrnm
performing any of the obligations of the Agreement due to causes beyond Its reasonable control such as fire, good, drought,
act of God, war, riot, strikes, differences with workman, lockouts, epidemics, quarantines, delays In transportation, shortage of
cars, fuel, labor or materials, embargo, or governmental orders or actions which in any way interfere with the purchase or
mamdachmn or flow of the necessary materials, products or labor required to manula re or fabricate the products, mateteb
or workmanship described or referred to on the front side hereof.
5. TAXES_ PApreseotand future tm= Imposed by my federal, state. local, or foreign autt aft which maybe required to
pay or called upon or with refaence to the sale, purchase, transportation, delivery, storage, use or consumption of the
Products, materials, and/or workmanship described or referred to on the front side hereof shag be the responsibility of the user
aodiar RLgm at Customer.
6. SHIPMENTS. When crating is required by common carrier or by our shipment wiperlenrce, all domestic shipments will
racy anedracraft chargaen. our NET pdces,
6.d. , w. expoas6ipmerdswh( ch. must�rtatedafutuoaayanewrar�argaanma •NErpdces. -
%. DELIVERY. Upon delivery of the products and/or materials described or referred to on the front aide hereof, F.O.B.
carrier, all risk of lass, damage and other incidents of ownership shalt immediately pass to Buyer, but NNe to such products will
be retained by Fiber-Tech Engineering, I= asseoudgr for auyackpedbrmanceurAll payment In. RdiisrmeivaL
8, WARRANTY. Fiber -Tech F-ngtneerirg, Inc. will wanart, subject to Paragraph g thersof, that every fabrication to be sold
shall be free from defects in material and workmanship under normal use and service for a period of 12 Months from the date
ofshtpmentto the Purchaser- This ae mar# willbegmitea, howeverto the fol lowIrw The repair or atFAW- Tech&"alneadrg,
Ix.'s option, the replacement of any part of the equipment that, upon axaminallwn, is disclosed, to the satisfaction of Fiber -
Tech Engineering, Inc. to have been defective at the time of delivery will be without charge to the Purchaser. Fiber -Tech
Enabwzki& Inc.. udll,at its opdcn,.as somas.rmasonabty possible repair or replace the.defedlve part
Fiber -Tech Engineering, Inc. must be notified within 30 days of the discovery of a defect and must be given the option to
replace or repair the defect. Repairs by there without the consent of Fiber -Tech Enolneerirg, Inc. will nullify the weir" and
coats for the same will not be reimbursed by Fiber -Tech Engineering, Inc. No part or material shall be returned to fiber -Tech
Engineering . fmn. wfihmdgiehconsent. to =euenh,sba0Fd=r Tsclx Engineering, lao. be liable for ransequsnUalar
Incidental damages, including downtime white the equipment is out of commission nor wig the warranty cover removal and
raLuslaustI n e-
ft. AWhodaed returned pads nr material must be shipped prspaid to Fiber- TcobEpgineerbg, lac..
8b. WARRANTY EXCLUSIONS: 1. Defects, damage, or deterioration due to normal use, wear and tear, or eyposurq
2. Normal maintenance services; 3. Damage or defects due to misuse, abuse, alteration, negligence, or
a - W. nf,',&D amageor defects due torepairof the nn�d ..bysomaene other amFiber -Tech Engineering,
Jne.
The foregoing warranty and any other warranties included on the front side, or attached hereof ARE IN LIEU
OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY (INCLUDING BUT NOT
LIMITED TO THE WARRANTY OF MERCHANTABILITY), WHICH OTHER WARRANTIES ARE EXCLUDED
MERESY. and of so* ofnarah"natioos. and l iahWlesantbepad cfFibm- TeohEagi_ aN.g,loc.
Fiber -Tech Engineering, Inc. neither assumes nor authorizes any person to assume for it any other obligations
cc IiabiWy iaoonoettim wghtbesaidpmducts, materials, aoddor wonkma�_ tiT
9. PERMISSIBLE VARIATIONS. Unless otherwise specified and agreed upon, all products, materials,
andlor workmanship shall be furnished subject to Fiber -Tech Engineering, Inc: s standard practices,
td onesaodvatlatioba,Fibef-Tech. Erring, loc. neservesampdvaegeof shipping onmrageaor
underages of weight, length, size and/or quality In accordance with such of Fiber -Tech Engineering, Inc. s
standard pract xa as may be applicable to the products, materials, andfor workmanship to be furnished upon
AMncs of ibis Offer-
WAVER. The waiver by Fiber -Tech Engineering, Inc. of any term, provision, or condition hereof shall not
be conelrued to be a waiver of any other term, condition of or provision hereof, nor shall such waiver be
deemedawabrerof subsequent bmachofftesamacondilmatpcouldon_ latheeventBuyarshadeftAi ,
Its obligations under this Agreement, Buyer shall be liable for Fiber -Tech Engineering, Inc.'s cost
ofcoilectlam,InabAngreasonable +% fees-
12. ACCEPTANCE. This offer shag expire and terminate at midnight on the thirtieth day after the date shown
on the front aide hereof, unless it is sooner revoked by oral or written notice from Fiber -Tech Engineering,
lac -or is accepted by the Ruyes.No acceptance shall, bedeemedto hesftacgvaunle it is in, wr3irosigned
by a duly authorized representative of Buyer and Is actually received by Fiber -Tech Engineering, Inc.
. PERIia1TS.- Buyer is-- =ponssible for obWkdmg mW and alllmd pomtfslaaay instance where F)hea -TnGIV
Engineering, Inc. is responsible for any installation or other performance beyond shipping the products,
mafedgk aodforworkrnanahip described hewd.
14. CANCELLATION CHARGES. Minimum cancellation charges are 25% of the purchase price of the
order but in no case less than $500.00. In the case of cancellation of an order after acknowledgement, the
g .., h AM dA amen.
After the acknowledgement but prior to the drawing submittal ................................ ............................25%
After acknowledgement and drawing submittal .................................................... ............................36%
After drawing approval and prbr to material rece ipt ............................ ......... ............................A6%
A4erdmwNgappmvalandaecajo OfmmtPAisus ._ ....».......,.,.._........,__..,-.»..... ...».. ».._ .............», »»Sfi94
After fabrication begins ................................................ ............................... .........................86%-95%
15. PATENT INFRINGEMENT. Buyer warrants and guarantees that the specified goods purchased from
Fiber -Tech Engineering, Inc. do not infringe any valid patent, trademark, or copyright owned or controlled by any
OthescorpnraUm.L=m arperson. andagrees todetead, lndemniilrandboldhanmlesaFWer- T.sohE�fbeedbg,
Inc. and its officers and/or employees thereof against any and all liability, loss and expense by reason of any
claim, action or litigation arising out of any alleged or actual direct or contributory infringement of any patent,
copyrightortradamark ,forsigmor domcstx resullingfromtieuseofsaleofsaidgoodsorbaypadtheraof.
Foist 99 I VU97
EXHIBIT 1111
tXSoffoler-Tech
FN6INFFFHIG, INC.
611 Rock Springs Road, Escondido, CA 92025
Toll Free: (888) NEED FRP
WARRANTY FOR MATERIAL AND WORKMANSHIP
FIBER -TECH ENGINEERING, INC. (FTE) warrants that the repair / refining of the FRP
Tank inside side wall and bottom (PRODUCT /S), carried out for the City of Newport Beach
(BUYER) under P.O. V9247, shall be free from defects in material and workmanship under
normal use and service for a period of one (1) year from the date of repair.
BUYER's exclusive remedy for breach of said warranty shall be as folio": If, and only if
FTE is notified in writing, within 10 calendar days of the date upon which the defect is
discovered, or should have been discovered, and FTE upon examination of any such
defects shall find the same to be within the terms and covered by any warranty from FTE to
buyer, then FTE will, at its option, as soon as reasonably possible, replace or repair any
such PRODUCTS material or workmanship without charge to the buyer. FTE reserves the
right to have the PRODUCTS returned to our factory for repair or replacement. Authorized
returned PRODUCTS or material must be shipped prepaid to FTE. No representative of
the corporation may vary any of the forgoing and the purchaser hereby accepts said
PRODUCT /S, subject to the terns thereof.
WARRANTY EXCLUSIONS: F.T.E.'s. warranty will not cover:
A) Defects, damage and /or deterioration due to normal use, wear & tear and/or
exposure;
B) Normal maintenance services;
C) Damage and/or defects due to misuse, abuse, alteration, negligence or
accident;
D) Damage and /or defects due to repair of the PRODUCT /S by someone other than
FTE;
E) Any part or component which was manufactured by someone other than FTE;
F) Damage and/or deterioration on account of installation of the above Product by
someone other than FTE and
G) Damage and /or deterioration of the PRODUCTIS if used in a manner for which it
was not designed or intended.
H) The remainder of the tank structure, man -ways, nozzles, exterior of the tank, etc.
Page 2
FURTHERMORE, FTE is not liable for any consequential damages, including downtime to
the purchaser while the PRODUCT /S is out of service, nor will the warranty cover removal,
reinstallation, or clean -up expenses. The warranty will become null and void if notification is
not received in writing within (10) calendar days as stated in the previous paragraph. The
purchaser is responsible for the performance of normal and regular maintenance services.
THIS WARRANTY IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES
OF FTE'S INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. FTE DOES
NOT ASSUME, OR AUTHORIZE ANY PERSON TO ASSUME ON ITS BEHALF, ANY
OTHER OBLIGATION OR LIABILITY.
FIBER -TECH ENGINEERING, INC.
Jerold Burke (President)
s
REV. 2095