HomeMy WebLinkAboutC-6321 - Purchase Agreement for Fourteen (14) RS Sailboat VesselsPURCHASE AGREEMENT
FOR FOURTEEN (14) RS SAILBOAT VESSELS FROM
WEST COAST SAILING, INC.
This Purchase Agreement ("Agreement") is entered into as of this 13th day of
October, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and WEST COAST SAILING,
INC., an Oregon corporation ("Vendor"), whose principal place of business is 709 North
v Columbia, Portland, Oregon 97217.
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires two (2) RS Venture 'Keel' and twelve (12) RS Quest 'S' sailboat
vessels ("Equipment"), as set forth in Exhibit A, which is attached and
incorporated herein by this reference.
C. Vendor has carefully reviewed and evaluated the specifications set forth by the
City for the Equipment and has committed to deliver the Equipment required for
the price specified in this Agreement within one hundred fifty (150) calendar
days, commencing upon execution of this Agreement.
D. City has solicited and received a proposal from Vendor, has evaluated the
expertise of Vendor, and desires to submit an order for the Equipment under the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual representations, warranties
and covenants, and other terms and conditions as set forth herein, Vendor and City
(each a "Party' and together the "Parties") agree as follows:
1. TERM
The Term of this Agreement shall commence on the Effective Date and shall
terminate on April 30, 2016 unless terminated earlier as set forth herein.
2. COMPENSATION
City shall pay the purchase price as more fully described in the Pricing Proposal
attached hereto as Exhibit B and incorporated herein by reference. The purchase price
for Equipment, including all sales and/or use taxes, shall not exceed One Hundred
Sixty One Thousand, Two Hundred Thirteen Dollars and 80/100 ($161,213.80)
("Purchase Price").
West Coast Sailing, Inc. Page 1
3. ADMINISTRATION
This Agreement will be administered by the City's Recreation & Senior Services
Department. The Deputy Recreation & Senior Services Director, or designee, shall be
the Purchase Administrator and shall have the authority to act for City under this
Agreement. The Purchase Administrator or designee shall represent City in all matters
pertaining to the services to be rendered pursuant to this Agreement.
4. DELIVERY
4.1 Delivery to City of the Equipment shall be made within one hundred fifty
(150) calendar days from the execution of the Agreement.
4.2 Delivery shall be made to the City's Marina Park facility at 1600 Balboa
Boulevard West, Newport Beach, CA 92663, or such other location as may be
designated by City in writing. Time of delivery is of the essence in this Agreement. City
reserves the right to refuse the Equipment, or part thereof, and to cancel all or any part
of the Equipment not conforming to applicable specifications, samples or descriptions.
City shall receive a pro -rata refund for the Equipment, or part thereof, cancelled under
this Agreement, within thirty (30) calendar days of City's cancellation. Acceptance of
any part of the order for Equipment shall not bind City to accept future shipments nor
deprive City of the right to return Equipment already accepted at Vendor's expense.
Over shipments and under shipments of Equipment shall be only as agreed to in writing
by City. Delivery shall not be deemed to be complete until all Equipment have actually
been received and accepted in writing by the City.
4.3 Vendor shall submit all requests for extensions of time for delivery in
writing to the City Purchase Administrator not later than ten (10) calendar days after the
start of the condition that purportedly causes a delay. The Purchase Administrator shall
review all such requests and may, at his/her sole discretion, grant reasonable time
extensions for unforeseeable delays that are beyond Vendor's control.
5. ACCEPTANCE/ PAYMENT
Unless otherwise agreed to in writing by City, acceptance of the Equipment shall
not be deemed complete unless in writing and until all the Equipment, including each
part thereof, has actually been received, inspected and tested to the satisfaction of City.
Once acceptance of the Equipment is complete, City shall pay Vendor within thirty (30)
calendar days thereafter.
6. NOTICES
6.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first-class mail, addressed as hereinafter provided.
6.2 All notices, demands, requests or approvals from Vendor to City shall be
addressed to City at:
West Coast Sailing, Inc. Page 2
Attn: Deputy Recreation & Senior Services Director
Recreation & Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3159
Email: slevin(o)newportbeachca.gov
6.3 All notices, demands, requests or approvals from City to Vendor shall be
addressed to Vendor at:
Attention: George Yioulos
West Coast Sailing, Inc.
709 North Columbia
Portland, OR 97217
7. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the Parties with respect
to all matters herein, and there are no restrictions, promises, warranties, or
undertakings other than those set forth herein or referred to herein. No exceptions,
alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing. Electronic acceptance of any additional terms, conditions or
supplemental agreements by any City employee or agent, shall not be valid or binding
on City unless accepted in writing by the Purchase Administrator. The terms of this
Agreement shall supersede any inconsistencies between this Agreement and the
Exhibits hereto.
8.1 Vendor expressly warrants that the Equipment covered by this Agreement
is: 1) free of liens or encumbrances; 2) of merchantable quality and good for the
ordinary purposes for which it is used; and 3) fit for the particular purpose for which it is
intended. Acceptance of this Agreement shall constitute an agreement upon Vendor's
part to indemnify, defend and hold City and its indemnities as identified in Section 13
below, and as more fully described in Section 13, harmless from liability, loss, damage
and expense, including reasonable counsel fees, incurred or sustained by City by
reason of the failure of the Equipment to conform to such warranties, faulty work
performance, negligent or unlawful acts, and non-compliance with any applicable state
or federal codes, ordinances, orders, or statutes, including the Occupational Safety and
Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in
addition to any other remedies provided by law.
West Coast Sailing, Inc. Page 3
8.2 Vendor and manufacturer's warranties are attached hereto as Exhibit C,
and incorporated in full by this reference. The Warranty Period shall commence on the
date the Equipment is accepted by the City.
8.3 As of the Effective Date of this Agreement the Vendor -certified dealer/
agent for purposes of all repairs and warranty work is: West Coast Sailing, Inc., 709
North Columbia, Portland, Oregon 97217.
8.4 In the event that Vendor designates a different certified dealer/agent for
the Southern California region, Vendor shall provide City with written notice of such
change within ten (10) days of the change.
9. ASSIGNMENT OR SUBCONTRACTING
The terms, covenants, and conditions contained herein shall apply to and bind
the heirs, successors, executors, administrators and assigns of the Parties.
Furthermore, neither the performance of this Agreement nor any portion thereof may be
assigned or subcontracted by Vendor without the express written consent of City. Any
attempt by Vendor to assign or subcontract the performance or any portion thereof of
this Agreement without the express written consent of City shall be invalid and shall
constitute a breach of this Agreement.
10. TERMINATION
10.1 In the event that either Party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that Party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days after receipt of written notice of default
specifying the nature of such default and the steps necessary to cure such default, or if
more than two (2) calendar days are reasonably required to cure the default and the
defaulting Party fails to give adequate assurance of due performance within two (2)
calendar days after receipt of written notice of default, or thereafter fails to diligently take
steps to cure the default, the non -defaulting Party may terminate the Agreement
forthwith by giving to the defaulting Party written notice thereof. City shall be refunded
all money for Equipment not delivered and accepted by City at time of termination within
thirty (30) calendar days. Cause for default shall further be defined as any breach of this
Agreement, any misrepresentation or fraud on the part of the Vendor and/or filing of any
petition in U.S. Bankruptcy Court or entering of Bankruptcy by Vendor.
10.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion without cause, of terminating this Agreement at any time by giving seven (7)
calendar days prior written notice to Vendor. In the event of termination under this
Section, City shall pay Vendor for services satisfactorily performed and costs incurred
up to the effective date of termination for which Vendor has not been previously paid.
City shall be refunded all money for Equipment not delivered and accepted by City at
time of termination within thirty (30) calendar days. On the effective date of termination,
Vendor shall deliver to City all equipment, reports, documents and other information
West Coast Sailing, Inc. Page 4
developed or accumulated in the performance of this Agreement, whether in draft or
final form.
11. CONSENT TO BREACH NOT WAIVER
No term or provision of this Agreement shall be deemed waived and no breach
excused, unless such waiver or consent shall be in writing and signed by the Party
claimed to have waived or consented to such breach. Any consent by any Party to, or
waiver of, a breach by the other, whether express or implied, shall not constitute
consent to, waiver of, or excuse for any other different or subsequent breach.
12. REMEDIES NOT EXCLUSIVE
The remedies for breach set forth in this Agreement are cumulative as to one (1)
another and as to any other provided by law, rather than exclusive; and the expression
of certain remedies in this Agreement does not preclude resort by either Party to any
other remedies provided by law.
13. INDEMNIFICATION
13.1 To the fullest extent permitted by law, Vendor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any work performed or services provided under this Agreement including,
without limitation, defects in workmanship or materials (including the negligent and/or
willful acts, errors and/or omissions of Vendor, its principals, officers, agents,
employees, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of them).
13.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Vendor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Vendor.
West Coast Sailing, Inc. Page 5
14. CHARGES AND LIENS
Vendor shall pay promptly all indebtedness for labor, materials and equipment
used in performance of the work. Vendor shall not permit any lien or charge to attach to
the Equipment, but if any does so attach, Vendor shall promptly procure its release and,
in accordance with the requirements of Section 15 above, indemnify, defend, and hold
City harmless and be responsible for payment of all costs, damages, penalties and
expenses related to or arising from or related thereto.
15. INSURANCE
Without limiting Vendor's indemnification of City, and prior to commencement of
work, Vendor shall obtain, provide and maintain at its own expense during the term of
this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit D, and incorporated herein by reference.
16. CHANGE OF OWNERSHIP
Vendor agrees that if there is a change or transfer in ownership of Vendor's
business prior to completion of this Agreement, the new owners shall be required under
terms of sale or other transfer to assume Vendor's duties and obligations contained in
this Agreement and complete them to the satisfaction of City.
17. FORCE MAJEURE
Vendor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of
this Agreement caused by any act of God, war, civil disorder, employment strike or
other cause beyond its reasonable control, provided that Vendor gives written notice of
the cause of the delay to City within forty-eight (48) hours of the start of the delay and
Vendor avails itself of any available remedies.
18. CONFIDENTIALITY
Vendor agrees to maintain the confidentiality of all City and City -related records
and information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this Agreement. All such records
and information shall be considered confidential and kept confidential by Vendor and
Vendor's staff, agents, employees and subcontractors.
19. FREIGHT (F.O.B. DESTINATION)
The Total Compensation includes shipment and delivery of Equipment to
designated City location. Vendor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated
with delivery of all products deemed necessary under this Agreement.
West Coast Sailing, Inc. Page 6
20. TERMS AND CONDITIONS
Vendor acknowledges that it has read and agrees to all terms and conditions
included in this Agreement.
21. SIGNATORIES AUTHORITY
Each person executing this Agreement expressly warrants that he or she is
authorized to do so on behalf of the entity for which he or she is executing this
Agreement. The City and Vendor represent and warrant that this Agreement is
executed voluntarily, with full knowledge of its significance.
22. STANDARD PROVISIONS
22.1 Recitals. City and Vendor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
22.2 Compliance with all Laws. Vendor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
22.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the Parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal contract or implied covenant shall be held to vary the provisions
herein.
22.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
22.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Vendor and City and approved as to form by the
City Attorney.
22.6 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California. The California Commercial Code shall be the controlling
law for the terms of this Agreement.
22.7 Equal Opportunity Employment. Vendor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
22.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
West Coast Sailing, Inc. Page 7
against either Party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
22.9 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
22.10 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing Party shall not be entitled to attorneys' fees.
22.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
West Coast Sailing, Inc. Page 8
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10- /,rte
By: I C-�,)
Aaron C. Harp oJ+glNIij�-
City Attorney
ATTEST: 'I, 3,
Date:
/,C—
d&A
Leilani I. Brown
City Cle-'
CITY OF NEWPORT BEACH,
a California municipal corporation and
charter city
Edward D.
Mayor
CONTRACTOR: West Coast Sailing, Inc.,
an Oregon corporation
Date: 10 1zL{I I �;--
President and Secretary
[END OF SIGNATURES]
Attachments: Exhibit A: Specifications for RS Quest 'S'
Sailboat Vessels
Exhibit B: Pricing Proposal for RS Quest 'S
Sailboat Vessels
Exhibit C: Warranty Information
Exhibit D: Insurance Requirements
and Venture 'Keel'
and Venture 'Keel'
West Coast Sailing, Inc. Page 9
EXHIBIT A
CITY OF NEWPORT BEACH
SPECIFICATIONS FOR RS QUEST 'S' AND VENTURE `KEEL' SAILBOAT
VESSELS
West Coast Sailing, Inc. Page A-1
RS Quest Specifications
Designer
Jo Richards & RS Sailing
Length
14ft 1" / 4.29m
Beam
6ft / 1.83m
Hull Weight
242lbs / 110kgs
Sailing Weight
2971 b / 135 kg
Sail Area - Mainsail and Jib
118 sq ft / 11m2
Sail Area -Asymmetric Spinnaker
118 sq ft / 11m2
Sail Area -Symmetric Spinnaker
107 sq ft / 10m2
Hull Construction
Comptec PE3 durable polyethylene
Spars
Aluminum Two-part mast, Aluminum boom, Aluminum Spinnaker Pole
Main Material
Dacron
Jib Material
Dacron
Spinnaker Material -Asym / Sym
Dynalite Ripstop
Foils
GRP centerboard and aluminum Lift & Lock rudder
Deck Fittings
Allen / Selden
FEATURES
• Big feel from a compact boat
• RS Comptec PE3 rotomoulded polyethylene construction
• Engineered for maximum strength and minimum
maintenance
• Exceptionally stable hull — unrivalled in this size
• Large, self draining, cockpit for up to 4 adults
• Configurable to suit you
• Open plan or with spray shedding foredeck
• Removable seats and thwart
• Main and jib
• Asymmetric or symmetrical spinnaker options
• Outboard motor bracket option
• Convenience ashore and afloat
• Pivoting mast heel for easy rigging
• Hand holds for easy lifting
• Towing eyes
• Lifting points
• 3 point landing on bilge rails
• Rub rail reinforcement near transom
• Easy rig control
• Jib furler for safety and launch / recovery convenience
• Mainsail slab reefing
• 2 -part aluminum mast
• Foam filled top mast and flotation bag system for inversion
resistance
• External halyards and boom controls for easy maintenance
• Durable Dacron sails
• User friendly foils
• Pivoting centerboard
• Durable aluminum rudder blade
• Tiller driven lift & lock rudder system
RS Quest Options
Foredeck with additional storage
• Mainsail size options
• Asymmetric spinnaker
• Symmetrical spinnaker
• Mast head flotation system
• Top cover
• Launching trolley
• Road trailer base
RS Classes technical summary
RS Venture
General
date launched Sep -11
no. sold to end 2006
Portsmouth yardstick rating
Competitive crew weight
Rig / Rigging
mainsail constuction gitter210
batten constr 15cst top / 15ct
no. battens (full / short) 300mm / 911 mm / 300mm / 1504mm / 1000mm / 1000mm
main luff length
5.537m
main foot length
2.821m
Main area m2
11m2
jib construction
Challenge hoz
jib luff length
4.555m
jib foot length
1.691 m
jib area m2
3.8m2
trap length
Ass
spinnaker construction
Elite 36/R90
spinnaker luff length
6.200m
spin foot length
3.201m
spin leech length
4.760m
spin area
14m2
bowsprit construction T 16sge sleeved aluminium
bowsprit length from bow 1400mm
bowsprit length o/a 1590mm
mast section Selden Epsilon
mast above deck
mast length o/a 6918mm
boom section Selden 71/66
boom length o/a 2900mm
shroud construction
3mm Compact
shroud length bs/bs
4642mm
forestay const.
2mm 1x19
forestay lengthbs/bs
4820mm
lowerconsl
n/a
lower length bs/bs
n/a
trap construction
2mm 1x19
trap length
main halliard length 14000mm
jib halliard length 5000mm 3mm7x19 / 5700mm 4mm 3 strand
spinnaker halliard length 15000mm
mainsheet length 10m 11 Omm
jib sheet length 8m/8mm
kite sheet length 12m / 8mm
Rig settings
spreader length We
spreader deflection range
mast rake range (to top rudder fit)
typical rig tension (shroud)
Hull, foils, fittings
Hull construction GRP
deck construction GRP
hull length o/a 16'4ft/4980mm
hull width o/a 6'Bft/2030mm
hull depth o/a
draft (board down) 3'9ft/1150mm
fitted hull wt inc pole/cb/lines 210kg
rudders tock type
sea sure Venture
tiller ext. length
1.2m
rudder construction / length
Aluminium extrusion
o/board / d/board construction
VE glass reinforced
EXHIBIT B
PRICING PROPOSAL FOR RS QUEST `S' AND VENTURE `KEEL' SAILBOAT
VESSELS
West Coast Sailing, Inc. Page B-1
AWEST COAST SAILING
`plp�- OWN THE WAIER
709 N. Columbia
Portland, OR 97217
I Customer Name & Address I
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Marina Park
Newport Beach, CA
ESTIMATE
Date
Estimate #
9/15/2015
2636
Shipping To
Qty
SKU
@em
Description
Cost
Total
2
10073
RS Venture Keel *Compl...
RS Venture'Keel' *Complete, Ready to Sail*
19,250.00
38,500.00
HIN# TBD I Sail# TBD
Quantity Pricing:
1-4 Boats $19,995
5-9 Boats $19,750
10-15 Boats $19,500
16+ Boats $19,250 <— PricingherewithcombinedQuestorder
2
Shipping *Boat*
Freight In (including UK Shipping, Customs Clearance and US Duty Paid)
825.00
1,650.00
Quantity Pricing:
1-4 Boats $895
5-9 Boats $865
10-15 Boats $825 <— Pricing here with combined Quest order
16+ Boats $795
2
Prep/Commissioning *...
Boats checked over and complete. - $125
0.00
0.00
Relevant accessories assembled and ready for use.
Boats prepared for simple initial commissioning and sailing.
**Subtotal**
40,150.00
ACCESSORIES
2
21421
Bow Bumper
RS Venture: Bow Fender (Triton)
200.00
400.00
2
20867
Spinnaker Kit -Asym
RS Venture: Asymetrical Spinnaker Kit
1,450.00
2,900.00
2
Special Order
RS Venture: Jib Sock
120.00
240.00
2
Special Order
RS Venture: Mast Head Float
175.00
350.00
**Subtotal**
3,890.00
New Boat -10% off acc...
10% discount for 30 days from date of boat arrival
-10.00`Y,
-389.00
To Place Your Order or for More Information:
Call: (503)285-5536 Total $43,651.00
Email: Boats@WestCoastSailing.net
www.WestCoastSailing.net
AWEST COAST SAILING
`1'- OWN THE WAIER
709 N. Columbia
Portland, OR 97217
Customer Name & Address
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Marina Park
Newport Beach, CA
ESTIMATE
Date
Estimate #
9/11/2015
2627
Shipping To
Qty
SKU
hem
Description
Cost
Total
12
10088
RS Quest S
RS Quest'S' *Complete, Ready to Sail*
6,750.00
81,000.00
HIN#s TBD I Sail#s TBD
Quantity Pricing:
1-4 Boats $6,995
5-9 Boats $6,950
10-15 Boats $6,889
16+ Boats $6,750 <--Sticking with 16x boat pricing
12
Shipping *Boat*
Freight In (Ocean Freight, Customs Clearance & Duty Paid)
475.00
5,700.00
**2x 40' HC containers, sent direct to Newport Beach**
Quantity Pricing:
1-4 Boats $595
5-9 Boats $550
10.15 Boats $475 <---12x boat pricing for logistics
16+ Boats $425
12
Prep/Commissioning *...
Boats checked over and complete.
0.00
0.00
Relevant accessories assembled and ready for use.
Boats prepared for simple initial commissioning and sailing.
**$125 - No Charge over 1 Ox boats**
**Subtotal**
86,700.00
ACCESSORIES
12
Special Order
RS Quest- Foredeck Insert
650.00
7,800.00
12
Special Order
RS Quest- Asymmetrical Spinnaker Kit
840.00
10,080.00
12
Special Order
RS Quest- Zippered Jib Sock
120.00
1,440.00
12
Special Order
RS Quest- Solid Mast Floatw/bracket
175.00
2,100.00
**Subtotal**
21,420.00
New Boat-10%off ace...
10% discount for 30 days on parts, apparel and accessories
-10.00%
-2,142.00
To Place Your Order or for More Information: TOtB�
Call: (503) 285-5536
Email: Boats@WestCoastSailinq.net
www.WestCoastSailing.net
l,i � � MI&V 29er
AWEST COAST SAILING
`1111111110� OWN THE WATER
709 N. Columbia
Portland, OR 97217
I Customer Name & Address I
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Marina Park
Newport Beach, CA
ESTIMATE
Date
Estimate #
9/11/2015
2627
Shipping To
Qty
SKU
Item
Description
Cost
Total
NOTES
Sails: Adjust the sail color from stock white/green, to white/blue (per UCI
Logo color). Affix UClrvine name or logo to top of sail (no charge).
Tiller: The tillers will feature a custom 'extender' (not to be confused with the
supplied tiller extension) that will allow the boat to be handled without using
the tiller extension during training. We will install a U bracket on the tiller to
clip the extension into when not in use (no charge).
Sales Tax: This estimate does not include West Coast Sailing charging out of
state sales tax. California sales tax will need to be paid to the State of
California when the boats are registered.
To Place Your Order or for More Information: Total $705,978.00
Call: (503) 285-5536
Email: Boats(@WestCoastSaiiing.net
www.WestCoastSailing.net
A- f 4L 29er
EXHIBIT C
WARRANTY INFORMATION
West Coast Sailing, Inc. Page C-1
5014#
RS Sailing Mission:
Our commitment to sailing and growing our sport extends right the way through our
business:
"RS Sailing is a world-class sailboat brand with premium parts supply, redefining the
sport of sailing"
RS Sailing are proud to have been in the small boat industry for the last 20 years
originally from the UK, RS Sailing is now a global brand with representation in 40
countries. In North America RS is continually gaining recognition with distributors and
dealers covering most areas of the country. RS strongly supports this network with staff
in the U.S. and the UK. This means the quality of care during the entire purchasing
experience is second to none. After purchase, your local dealer and RS will offer support
of any kind in order to enhance the experience of sailing your RS boat.
RS Sailing Customer Warranty Information:
RS Sailing takes pride in working with our local dealers to support each individual
customer on warranty concerns as they arise. Every claim is addressed with the
upmost concern and the proper experts within RS Sailing will evaluate each
warranty request. RS Sailing take product support very seriously, if there is a
problem we want to know about it and will do all in our power make it right no
matter the vintage of the RS boat.
RS Sailing warrants to the Customer that the Goods will be free from defects in materials
and workmanship for a period of twelve months from the date of delivery to the
Customer (the "warranty period"). In the event of a warranty request, the Dealer should
be contacted who will then contact RS Sailing. After consulting with the Dealer, RS
Sailing will determine the most reasonable resolution to repair or replace any defective
material or equipment. No repairs should be made until a proper resolution has been
communicated by the Dealer or RS Sailing.
HTaylor & Son (Brockley) LTD "DBA RS Sailing"
Premier Way, Abbey Park, Romsey, Hants, 5051 9DQ,
United Kingdom Telephone+44(0)1794526760
E -Mail info@RSsailing.com Boats: RSsailing.com
Directors: P Rudling, M Wadhams, NPeters, A Newton-Southon, ✓Partridge, R Hooker VAT Registration No, 205
4022 21 Registered in England No. 592700 HTaylor & Son (Brockley) Ltd
EXHIBIT D
1. INSURANCE REQUIREMENTS —VENDORS
1.1 Provision of Insurance. Without limiting Vendor's indemnification of
City, and prior to commencement of work, Vendor shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory to
City. Contractor agrees to provide insurance in accordance with requirements set
forth here. If Contractor uses existing coverage to comply and that coverage
does not meet these requirements, Contractor agrees to amend, supplement or
endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Vendor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each accident for
bodily injury by accident and each employee for bodily injury by disease in
accordance with the laws of the State of California, Section 3700 of the Labor
Code.
1.3.1.1 Vendor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
1.3.2 General Liability Insurance. Vendor shall maintain
commercial general liability insurance, and if necessary umbrella liability
insurance, with coverage at least as broad as provided by Insurance Services
Office form CG 00 01, in an amount not less than one million dollars ($1,000,000)
per occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract) with no endorsement or modification limiting the scope of coverage for
liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Vendor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00
01 covering bodily injury and property damage for all activities of the Vendor
arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an
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amount not less than one million dollars ($1,000,000) combined single limit each
accident.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Vendor or others providing insurance
evidence in compliance with these requirements to waive their right of recovery
prior to a loss. Vendor hereby waives its own right of recovery against City, and
shall require similar written express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including
general liability, excess liability, pollution liability, and automobile liability, but not
including professional liability, shall provide or be endorsed to provide that City
and its officers, officials, employees, and agents shall be included as insureds
under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall
apply on a primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with
thirty (30) days' notice of cancellation (except for nonpayment for which ten (10)
days' notice is required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The Parties hereby
agree to the following:
1.5.1 Evidence of Insurance. Vendor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the
right at any time during the term of the contract to change the amounts and types
of insurance required by giving the Vendor sixty (60) days advance written notice
of such change. If such change results in substantial additional cost to the
Vendor, the City and Vendor may renegotiate Contractor's compensation.
1.5.3 Enforcement of Contract Provisions. Vendor acknowledges
and agrees that any actual or alleged failure on the part of the City to inform
Vendor of non-compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
West Coast Sailing, Inc. Page D-2
1.5.4 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue and is
not intended by any Party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type.
1.5.5 Self-insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-
insured retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
1.5.6 City Remedies for Non Compliance If Vendor or any
subVendor fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to
terminate this agreement, or to suspend Vendor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Vendor or reimbursed by Vendor
upon demand.
1.5.7 Timely Notice of Claims. Vendor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Vendor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Vendor's Insurance. Vendor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and prosecution of
the Work.
West Coast Sailing, Inc. Page D-3