HomeMy WebLinkAboutC-7039-1 - Purchase and Installation Agreement for Manual Roller Shadesi
I:F:EBluPURCHASE AND INSTALLATION AGREEMEN
FOR MANUAL ROLLER SHADES FROM 2016SHEWARD & SON & SONS
This Purchase Agreement ("Agreement") is entered into a
February, 2016 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and SHEWARD & SON &
SONS, INC. a California corporation ("Vendor"), whose principal place of business is
3000 Airway Avenue Front, Costa Mesa, California 92626.
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 the purchase and installation of manual roller shades ("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 and install the Equipment
required for the price specified in this Agreement by no later than March 31,
2016.
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 in Exhibit A and incorporated herein by reference. The purchase price
for Equipment, including all sales taxes, shall not exceed Two Thousand Nine
Hundred Eighty Three Dollars and 001100 ($2,983.00) ("Purchase Price").
3. ADMINISTRATION
This Agreement will be administered by the City Attorney's Office. The City
Attorney, or designee, shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project 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 and installation of the Equipment shall be made no later
than March 31, 2016.
4.2 Delivery shall be made to the City Attorney's Office, 100 Civic Center
Drive, Second Floor, Bay E, Newport Beach, California 92660, 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 and installation shall not be
deemed to be complete until all Equipment has 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 Project Administrator not later than ten (10) calendar days after the
start of the condition that purportedly causes a delay. The Project 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.
Sheward & Son & Sons Page 2
6.2 All notices, demands, requests or approvals from Vendor to City shall be
addressed to City at:
Attn: Aaron C. Harp
City Attorney's Office
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3131
Email: aharp(,5newportbeachca.aov
6.3 All notices, demands, requests or approvals from City to Vendor shall be
addressed to Vendor at:
Attention: Michael Kalani Fitzhugh
Sheward & Son & Sons
3000 Airway Avenue Front
Costa Mesa, CA 92626
7. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the Parties with respect
to all matters herein, and there are no restrictions, promises, warranties, or
undertakings other than those set forth herein or referred to herein. No exceptions,
alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing. Electronic acceptance of any additional terms, conditions or
supplemental agreements by any City employee or agent, shall not be valid or binding
on City unless accepted in writing by the Purchase Administrator. The terms of this
Agreement shall supersede any inconsistencies between this Agreement and the
Exhibits hereto.
8. WARRANTY
8.1 Vendor expressly warrants that the Equipment covered by this Agreement
is: 1) free of liens or encumbrances; 2) of merchantable quality and good for the
ordinary purposes for which it is used; and 3) fit for the particular purpose for which it is
intended. Acceptance of this Agreement shall constitute an agreement upon Vendor's
part to indemnify, defend and hold City and its indemnities as identified in Section 13
below, and as more fully described in Section 13, harmless from liability, loss, damage
and expense, including reasonable counsel fees, incurred or sustained by City by
reason of the failure of the Equipment to conform to such warranties, faulty work
performance, negligent or unlawful acts, and non-compliance with any applicable state
or federal codes, ordinances, orders, or statutes, including the Occupational Safety and
Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in
addition to any other remedies provided by law.
Sheward & Son & Sons Page 3
8.2 Vendor and manufacturer's warranties and certifications 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. All warranty repair
work shall be conducted by a Vendor -certified dealer/agent in the Southern California
region.
8.3 As of the Effective Date of this Agreement, the Vendor -certified dealer/
agent for purposes of all repairs and warranty work is: Sheward & Son & Sons.
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,
Sheward & Son & Sons Page 4
Vendor shall deliver to City all equipment, reports, documents and other information
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.
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
Sheward & Son & Sons Page 5
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 B, 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.
20. TERMS AND CONDITIONS
Vendor acknowledges that it has read and agrees to all terms and conditions
included in this Agreement.
Sheward & Son & Sons Page 6
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
against either Party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
Sheward & Son & Sons Page 7
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]
Sheward & Son & Sons 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: Z 1 I (P
By:
Michael Torres chM c2_1101i(P
Assistant City Attorney
ATTEST:
Date:
C 1
By:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation and
charter city.
Date: 1
M
Aaron C. Harp
City Attorney
CONTRACTOR: SHEWARD & SON &
SONS, a California corporation
Date:/ 275-/r L,,
B�....�-
Y
Drew Sheward
President
Date: Z)I�0 I I(p
inifer Karr
ntracts Secretary
[END OF SIGNATURES]
Exhibit A: Scope of Services and Schedule of Billing Rates
Exhibit B: Insurance Requirements
Exhibit C: Warranty Information
Sheward & Son & Sons Page 9
EXHIBIT A
CITY OF NEWPORT BEACH
SCOPE OF SERVICES AND SCHEDULE OF BILLING RATES
FOR DELIVERY AND INSTALLATION OF MANUAL ROLLER SHADES
Sheward & Son & Sons Page A-1
Project:
Location:
Sheward & Son & Sons
3000 Airway Avenue Costa Mesa, California 92626
Phone (714) 556-6055 Fax (714) 556-6054
To:
Company:
Phone:
Fax:
E-mail:
Lisa Buzby
City of Newport Beach
949-644-3132
949-644-3139
Ibuzby(&newoortbeachca.aov
From: Michael Kalani Fitzhugh — ext. 13
Kalanif@shewards.net
Cell: 714-325-5551
Date: 25 January 2016
Pages: 1
City Attorney Offices — interior shades
100 Civic Center Drive E Bay 2" floor Newport Beach, CA 92660
Labor type. non union / normal hours Effective thru date: February 2016
uanti
Manufacturer/Qualitu/Color
Unit Price
Extension
7 ea
Furnish and install FabricTech 'Rollstar' manual roller
shades using SheerWeave SW2410 3% open fabric.
Color: Q14 Oyster/Pearl Gray. Includes
manufacturer's standard aluminum facia with a natural
anodized finish.
Scope of work is the 5 windows that face the open
office area in Kyle Rowen, Michael Torres, Leonie
Mulvihill, and Aaron Harp's offices. Additionally, there
will be 2 smaller windows that split Michael Torres &
Leonie Mulvihill's offices and the window facing the
hallway in Kyle Rowen's office.
Total Amount
$2,983.00
Comments: Please call if you should have any questions or comments in this regard.
EXHIBIT B
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
Sheward & Son & Sons Page B-1
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.
Sheward & Son & Sons Page B-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.
Sheward & Son & Sons Page B-3
EXHIBIT C
WARRANTY
Sheward & Son & Sons Page C-1
CASTEC WINDOW SHADING'"
TWO-YEAR FABRICATION WARRANTY
We guarantee our workmanship and materials for two years from the date we
complete an order. If you should have a problem with an order, call or write our
customer service desk, and give us a complete description of the problem. We will
then issue a Return Authorization. (No merchandise will be accepted without a
Return Authorization,) Once we have determined that a fabrication defect exists,
we will normally repair it and reship your order within one week from the date that
all necessary materials are on hand. The Castec Fabrication Warranty is limited to
rework or replacement only, and we retain the right to determine how a
fabrication defect will be corrected. Replacements will be made to the original
specifications only.
Please note that, as your vendor, we are responsible for the fabrication of your
orders to your specifications. You, as the designer, are fully responsible for all
design decisions including the suitability of fabric selections. We are not
responsible for any failure of fabric or design.
If you have any questions, please contact our Sales Department at (818) 503-8300
or call toll free (800) 828-2500.
Vk
GUARANTEE
TO City Of Newport Beach
100 Civic Center Dr., Bay E-2
Newport Beach, Ca. 92660
February 9, 2016
The undersigned, Sheward & Son & Sons, having heretofore entered into a contract with
City of Newport Beach for Window Covering located at City Attorney, 100 Civic Center
Dr., Newport Beach, Ca. according to certain plans and specifications as identified in the
contract and in accordance with the terms of said contract, do hereby guarantee that all labor
and material furnished and work performed by us under said contract is in conformity with
such plans and specifications and authorized alterations thereto and that such materials and
equipment installed pursuant to said contract is free from imperfect workmanship and we
agree to repair at our own expense all of the work covered under said contract and change
order which may prove to be defective for a period of one (1) year from date of completion of
the above named project, unusual abuse or neglect excepted. During the one-year guarantee
period, the contractor shall act on all regular complaints within 48 hours and immediately for
emergency repairs. The Owner will not be required to call Subcontractors, suppliers or
manufacturers directly.
SHEWARD & SON & SONS
Foley,
Sheward 466 #
Person to contact for service/repair:
Michael Kalani Fitzhugh - Sales Representative / x.13
Email: kalanif@shewards.com
3000 Airway Ave. (Front) Costa Mesa, Ca. 92626 Phone: 714-556-6055 Fax: 714-556-6054
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/11/16
Date Completed: 3/11/16
Dept./Contact Received From:
Sent to: Lisa
Company/Person required to have certificate:
Type of contract:
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE:
1/1/16-111117
By:
Sheward & Son & Sons
All Other
Alicia
A. INSURANCE COMPANY: West American Insurance Company
B. AM BEST RATING (A-: VII or greater): A: XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? E Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
1M/2M
E. ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
E Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
E Yes ❑ No
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
E Yes ❑ No
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes E No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 111/16-111/17
A. INSURANCE COMPANY: American Fire and Casualty Company
B. AM BEST RATING (A-: VII or greater) A: XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? E Yes ❑ No
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000,000
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): E N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY: ❑ NIA ❑ Yes E No
H. NOTICE OF CANCELLATION: 0 NIA E Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/16-1/1/17
A.
INSURANCE COMPANY: Pacific Compensation Insurance Company
B.
AM BEST RATING (A-: VII or greater): A-: VII
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
<i�11�1��7 L'�y:769:1
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
3/11/16
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
If Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.