HomeMy WebLinkAbout11 - Shade Structure at Bonita Canyon Sports ParkCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
June 27, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation and Senior Services
Marie Knight, Director
644 -3157 — mknight @city.newport- beach.ca.us
SUBJECT: Contract for Purchase and Installation of Shade Structures at Bonita Canyon
Sports Park
ISSUE
Should the City Council approve the attached Contract with United States Sports Surfacing of
America for the purchase and installation of shade structures at Bonita Canyon Sports Park?
RECOMMENDATION
Recommend that the City Council approve the attached Contract with United Sports Surfacing of
America for the purchase and installation of shade structures at Bonita Canyon Sports Park in the
amount of $58,706.
BACKGROUND
Since the grand opening over three years ago, the Bonita Canyon Sports Park continues to be the
most highly utilized sports parks with year round use by both soccer and baseball, in addition to the
active use of the tennis courts, playgrounds and picnic areas. One of the only complaints staff ever
receives regarding this park is the lack of shade. Although there were over 1,000 trees planted in the
park, it will take several more years until they are mature enough to provide useful shade for park -
goers. There are no covered picnic areas in the park and this is a popular spot for family gatherings.
We have received numerous requests from the Youth Sports Commission members to look into
shade options for the bleacher areas that are adjacent to the sports fields. (See attached letters of
support from the two major youth sports organizations utilizing the park — Newport Beach Little
League and AYSO Region 57.)
DISCUSSION
As you may recall, the opening of this park was delayed on several occasions due to construction
related issues. One fortunate side effect of the extended construction delays was that nearly $2
million in interest earnings were credited to the construction proceeds during the course of
construction. The Bonita Canyon bond indenture provides that the interest earnings can be (1)
transferred to the Newport-Mesa Unified School District improvement account; (2) utilized to reduce
the outstanding bonds; or (3) for improvements to the sports park.
The majority of the interest earnings were utilized for enhancements to the original construction
contract and for the design and construction of the Newport Coast Loop Road project (an eligible
NMUSD improvement account project). After the completion of the Loop Road project, $88,411
remained in the City's improvement account for further use.
As part of the FY 2005/06 Capital Improvement Plan, City Council authorized $75,457 for an onsite
storage facility at the park to be used by the various youth sports organizations for equipment.
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 2
(June 27, 2006)
Ultimately prefabricated sheds were installed with staff labor at a significant savings leaving
appropriations of $53,681 available for closely related projects. (A budget amendment in the
amount of $5,025 was approved to increase: the balance carried over from the Storage Building CIP
to meet the expenses for the Shade Structures. Those funds were transferred from the Bonita
Canyon Sports Park interest account. ) With the concurrence of the Youth Sports Commission,
staff recommends that the remaining appropriation be used for sun shades providing shade and
protection for the park patrons using the 8 ball field spectator stands and 6 picnic tables.
Attachment A is a photo of the proposed structures. Attachment B identifies the areas within the
park that the structures will be placed.
In addition to the obvious benefit of shade that the structures will provide, they will also address a
safety issue that exists at fields 1 and 2, where the fields are so close that foul balls from each field
often land in the stands of the adjacent field. These structures would also then provide the
necessary overhead protection.
Shade structures that meet the necessary safety specifications are a specialized item only
manufactured by a limited number of vendors. In addition, the structures come in standard sizes
that would not accommodate our needs and necessitate custom structures to be manufactured.
Custom colored concrete will also be used to match the existing pavers in the park. United Sports
Surfacing of America (USSA) provided bids from two vendors for the purchase and installation of the
structures.
The City has worked with USSA in the past and they have proven to be a qualified and reliable
vendor. In addition a warranty sheet has been provided from USSA guaranteeing work.
Staff brought this item to the Parks, Beaches & Recreation Commission for their input at the May 2,
2006 meeting. At that meeting several of the Commissioners expressed that they did not feel
comfortable supporting this project as they felt it was unnecessary and too costly.
Upon hearing the input of the Commission several members of the Youth Sports Commission
contacted their Council representatives and asked that this item continue to be forwarded to the
Council for approval.
by:
Marie Krjight, Recreatio0 & Senior Services Director
A. Shade Structure Picture
B. Contract
C. Maps with locations for shade structures depicted
D. Email letters of support for YSO
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Attachment B
CONTRACT WITH UNITED SPORTS SURFACING OF AMERICA, INC.
FOR THE PURCHASE AND INSTALLATION OF SHADE STRUCTURES
AT BONITA CANYON SPORTS PARK
THIS CONTRACT is made and entered into as of this _ day of 2006, by and betweer
the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and UNITED SPORTS SURFACING
OF AMERICA, INC, a California corporation, whose principal place of business is 4000 Barranca Parkway
Suite 250, Irvine, CA, 92604 ( "Seller"), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of City.
B. City desires to purchase nine "Custom Canopies" Shade Structures from Seller (hereinafter
referred to as the "Shade Structures ").
C. City also desires to engage Seller to install the Shade Structures at Bonita Canyon Sports
Park in Newport Beach over the picnic area and over eight baseball field stands, as
outlined further herein (hereainafter referred to as the "Project "). Seller also has agreed to
provide a 6 -year warranty on the fabric and a 10 -year warranty on the steel frames upon
which the fabric will be hung.
D. Seller has examined the location of all proposed work, is familiar with all conditions relevant
to the performance of the services contemplated herein, and has committed to provide the
required goods and services for the price specified in this Contract.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
�1dd »d.'i elN 1
Seller shall provide all of the project deliverables and perform all the services described in the
Quotation attached hereto as Attachment A and incorporated herein by this reference.
As a material inducement to the City entering into this Agreement, Seller represents and warrants
that Seller is a provider of first -class products and services and that Seller is experienced in
performing the work and services contemplated herein and, in light of such status and experience,
Seller covenants that it shall follow the highest professional standards in performing the work and
services and that all products and materials will be of good quality. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first -class firms performing similar work under similar circumstances.
Seller shall install the Shade Structures at Bonita Canyon Sports Park in Newport Beach, CA as
described in the Quotation attached.
2. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Contract and Seller shall
complete the Project within 60 days of execution of this Agreement. The failure by Seller to meet
this deadline may result in termination of this Contract by City.
3. COMPENSATION
As full compensation for providing the products and services outlined in the Proposal, City shall pay
to Seller and Seller accepts as full payment the sum of Fifty -Eight Thousand, Seven Hundred
and Five Dollars and Ninety -Two Cents ($58,705.92). Seller shall not receive any additional
compensation unless approved in advance by the City in writing.
The City shall pay Seller forty percent (40 %) of the purchase price upon execution of this Contract,
and the balance upon satisfactory delivery and installation.
4. ADMINISTRATION
This Contract will be administered by the Recreation & Senior Services Department. Sean Levin
shall be the Project Administrator and shall have the authority to act for City under this Contract.
The Project Administrator or his /her authorized representative shall represent City in all matters
pertaining to the services to be rendered pursuant to this Contract.
5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
5.1 Seller shall use only the products and materials described in Attachment A in performing
Contract Services. Any deviation from the products and materials described in Attachment
A shall not be installed unless approved in advance by the City Administrator.
5.2 Seller shall perform all work diligently, carefully, and in a good and workmanlike manner,
and shall fumish all labor, supervision, machinery, equipment, materials, and supplies
necessary therefore.
5.3 All services shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
5.4 Seller shall use colored concrete to match the existing pavers adjacent to the eight (8)
bleachers.
S. RESPONSIBILITY FOR DAMAGES OR INJURY
Seller agrees to indemnify, defend and hold harmless the City, its elected and appointed officials,
officers, employees and agents ( "City Indemnities ") from any claims, demands or liability of any
kind or nature, including, but not limited to, personal injury or property damage, arising from or
related to the products, services or other performance provided by Seller pursuant to this Contract,
unless such injury is caused by the sole negligence or concurrent active negligence of the City or
City Indemnities. If Seller's negligence combines with the City's active negligence to cause injury,
Seller and City agree that liability will be apportioned as determined by a court of competent
jurisdiction. Neither party shall request ajury appointment.
7. INDEPENDENT CONTRACTOR
City has retained Seller as an independent Seller and neither Seller nor its employees are
to be considered employees of the City. The manner and means of conducting the work
are under the control of Seller, except to the extent they are limited by statute, rule or
regulation and the express terms of this Contract. No civil service status or other right of
employment shall accrue to Seller or its employees.
E1
9.
COOPERATION
Seller agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to be
performed. City agrees to cooperate with the Seller on the Project.
INSURANCE
Without limiting Seller's indemnification of City, and prior to commencement of work, Seller shall
obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies
of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Seeller shall provide certificates of insurance with original
endorsements to City as evidence of the insurance coverage required herein. Insurance
certificates must be approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance shall be kept on
file with City's at all times during the term of this Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign
certification of all required policie +s.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance in
the State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Best's Key
Rating Guide, unless otherwise approved by the City's Risk Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Seller shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. Any
notice of cancellation or non - renewal of all Workers' Compensation policies
must be received by City at least thirty (30) calendar days (10 calendar
days written noti ;e of non - payment of premium) prior to such change. The
insurer shall agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work performed
by Seller for City.
ii. General Liability Coverage. Seller shall maintain commercial general
liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, contractual liability. If commercial
general liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to
be performed under this Contract, or the general aggregate limit shall be at
least twice the required occurrence limit.
Automobile Liabilitx Coverage. Seller shall maintain
covering bodily injury and property damage for all
arising out of or in connection with work to be
Contract, including coverage for any owned,
vehicles, in an amount not less than one
combined single limit for each occurrence.
10. SUBCONTRACTING
hired,
millio
nautomobile insurance
activities of the Seller
performed under this
non -owned or rented
dollars ($1,000,000)
The parties recognize that a substantial inducement to City for entering into this Agreement is the
professional reputation, experience and competence of Seller. Assignments of any or all rights,
duties or obligations of the Seller under this Agreement will be permitted only with the express
written consent of City. Seller shall not subcontract any portion of the work to be performed under
this Agreement without the prior written authorization of City.
11. WITHHOLDINGS
City may withhold payment to Seller of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to pay
according to the terms of this Contract. Seller shall not discontinue work as a result of such
withholding. Seller shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Seller shall be entitled to receive interest on any withheld sums
at the rate of return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
12. CONFLICTS OF INTEREST
The Seller or its employees may be subject to the provisions of the California Political Reform Act
of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may
foreseeably be materially affected by the work performed under this Contract, and (2) prohibits
such persons from making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act, Seller shall conform to all requirements of the Act. Failure to do so constitutes
a material breach and is grounds for immediate termination of this Contract by City. Seller shall
indemnify and hold harmless City for any and all claims for damages resulting from Seller's
violation of this Section.
13. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Contract shall be
given in writing, to City by Seller and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail, postage
prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Seller to City shall be addressed to City to:
Sean Levin, Recreation Manager
Recreation & Senior Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3159 - Fax: 949 -644 -3155
All notices, demands, requests or approvals from CITY to Seller shall be addressed to Seller to:
Karoleen Alexander
United Sports Surfacing of America, Inc.
4000 Barranca Parkway, Suite 250
Irvine, CA 92604
Phone: 949 - 551 -4696 - Fax: 949- 551 -4695
14. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this Contract at the
time and in the manner required, that party shall be deemed in default in the performance of this
Contract. If such default is not cured within a period of two (2) calendar days, or if more than two
(2) calendar days are reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt of written notice
of default, specifying the nature of such default and the steps necessary to cure such default, the
non - defaulting party may terminate the: Contract forthwith by giving to the defaulting party written
notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and without
cause, of terminating this Contract at any time by giving seven (7) calendar days prior written
notice to Seller. In the event of termination under this Section, City shall pay Seller for services
satisfactorily performed and costs incurred up to the effective date of termination for which Seller
has not been previously paid. On the effective date of termination, Seller shall deliver to City all
materials purchased in performance of this Contract.
15. COMPLIANCE WITH ALL LAWS
Seller shall at its own cost and expense comply with all statutes, ordinances, regulations and
requirements of all governmental entities, including federal, state, county or municipal, whether
now in force or hereinafter enacted.
16. WAIVER
A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a
waiver of any subsequent breach of the same or any other term, covenant or condition.
17. INTEGRATED CONTRACT
This Contract represents the full and complete understanding of every kind or nature whatsoever
between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or
nature are merged herein. No verbal Contract or implied covenant shall be held to vary the
provisions herein.
18. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Contract and the attached
Proposal, the terms of this Contract shall govern.
19. AMENDMENTS
This Contract may be modified or amended only by a written document executed by both Seller
and City and approved as to form by the City Attorney.
20. EFFECT OF SELLER'S EXECUTION
Execution of this Contract by Seller is a representation that Seller has visited the Project Sites, has
become familiar with the conditions under which the work is to be performed, and has taken into
consideration these factors in submitting its Proposal.
21. INFRINGEMENT
Unless otherwise expressly provided in this Contract, Seller shall be solely responsible for clearing
the right to use any patented or copyrighted materials in the performance of this Contract. Seller
warrants that any software as modified through services provided hereunder will not infringe upon
or violate any patent, proprietary right, or trade secret right of any third party. Seller shall indemnify
and defend City, at Seller's expense, against all claims, demands, suits, liability, and expense on
account of alleged infringement of any patent, copyright or trademark, resulting from or arising in
connection with the manufacture, sake, normal use or other normal disposition of any good or
article of material furnished hereunder.
22. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Contract and all matters relating to it and any
action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in
the County of Orange.
23. WARRANTY
Seller expressly warrants that the goods covered by this Contract are: (1) free of liens or
encumbrances, (2) of merchantable quality and fit for the ordinary purposes for which they are
used, and (3) fit for the particular purpose for which they are intended, and (4) satisfactory and safe
for consumer use.
Seller also has agreed to provide a 5 -year warranty on the Custom Canopies fabric and a 10 -year
warranty on the steel frame structures upon which the Shade Structures will be installed. This
warranty is outlined in more detail in Attachment B.
24, INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the language
used and shall not be construed for or against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year
first written above.
APPROVED AS TO FORM:
By:
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
Attachments: Exhibit A. Quotation
Exhibit B. Warranty
CITY OF NEWPORT BEACH,
A Municipal Corporation
M
Don Webb
Mayor
for the City of Newport Beach
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Attachment D
Page 1 of 1
Knight, Marie
From: Fred Cornwell [fcomwell@pcat.net]
Sent: Tuesday, June 20, 2006 1:35 PM
To: Knight, Marie
Marie — Newport Harbor Baseball Association uses Bonita Canyon sports park's baseball fields and supports the
installation of the proposed shade structures. Our parents have brought canoples during hot days to try and get
some protection from the sun. These generally do not work well and tend to block people's view of the game.
Additionally the structures would provide protection from the foul balls and the occasional light rain that we elect
to play through which the parents must endure.
Thank you for considering enhancing an already very nice facility.
Fred Cornwell
(Vice President N.H.B.A.)
PARDUE, CORNWELL 8 ASSOCIATES, INC.
18551 Von Karman Ave., Ste. 140
Irvine, Ca. 92612
Phone: (949) 724 -9480 x12
Fax: (949) 724-9484
06(20(2006
Page 1 of 1
Knight, Marie
From: Emery Molnar[emery@taisei.com]
Sent: Wednesday, June 14, 2006 3:07 Pld
To: Knight, Marie
Cc: Levin, Sean
Subject: Bonita Canyon Shade Structures
Mane
NBLL supports the addition of the shade structures at BCSP. The park is a beautiful facility but the shade structures would make it that
much better and even safer.
BCSP 1 and 2 are very close together and foul balls from both fields land in the adjacent stands, besides providing shade the structures
would also provide overhead protection.
The playgroundifilmic areas are designed without shade The bees installed are move ornamental in nature and not located near
seating/gathering areas. Not a baseball Issue, but I bet the parents will small kids would appreciate the proposed structures as well.
Lastly, NELL worsting with the City added shade screens to the dugouts of BCSP 1,2, 3 and 4. One of the only complaints we have
received regarding BCSP is that with the combination of sun and temperature the dugouts were unbearable for the players. Makes sense
if the funds are available for capital improvements, let the fans have shade as well. Investing the funds that the Bonita Canyon home
owners created via a Mello Roos fund should be spent on the BCSP facility and not used for other approved uses, i.e. other school district
property or paying down the bond.
Emery Molnar
Newport Beach LitUe League
06/20/2006
1
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
COUNCIL AGENDA
_a _ o
Agenda Item No. 17
June 13, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation and Senior Services
Marie Knight, Director
644 -3157 — mknight @city.newport- beach.ca.us
SUBJECT: Contract for Purchase and Installation of Shade Structures at Bonita Canyon
Sports Park
ISSUE
Should the City Council approve the attached Contract with United States Sports Surfacing of
America for the purchase and installation of shade structures at Bonita Canyon Sports Park.
RECOMMENDATION
It is recommended that the Council approve the attached Contract with United Sports Surfacing of
America for the purchase and installation of shade structures at Bonita Canyon Sports Park in the
amount of $58,706. A budget amendment in the amount of $5,025 was approved to increase the
balance carried over from the Storage Building CIP to meet the expenses for the Shade Structures.
Those funds ($5,024.92) were transferred from the Bonita Canyon Sports Park interest account.
Shade structures that meet the necessary safety specifications are a specialized item only
manufactured by a limited number of vendors. In addition, the structures come in standard sizes
that would not accommodate our needs and necessitate custom structures to be manufactured.
Custom colored concrete will also be used to match the existing pavers in the park. United Sports
Surfacing of America (USSA) provided bids from two vendors for the purchase and installation of the
structures.
The City has worked with USSA in the past and they have proven to be a qualified and reliable
vendor. In addition a warranty sheet has been provided from USSA guaranteeing work.
BACKGROUND
Since the grand opening over three years ago, the Bonita Canyon Sports Park continues to be the
most highly utilized sports parks with year round use by both soccer and baseball, in addition to the
active use of the tennis courts, playgrounds and picnic areas. One of the only complaints staff ever
receives regarding this park is the lack of shade. Although there were over 1,000 trees planted in the
park, it will take several more years until they are mature enough to provide useful shade for park -
goers. There are no covered picnic areas in the park and this is a popular spot for family gatherings.
We have received numerous requests from the Youth Sports Commission members to look into
shade options for the bleacher areas that are adjacent to the sports fields.
DISCUSSION
As you may recall, the opening of this park was delayed on several occasions due to construction
related issues. One fortunate side effect of the extended construction delays was that nearly $2
million in interest earnings were credited to the construction proceeds during the course of
construction. The Bonita Canyon bond indenture provides that the interest earnings can be (1)
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 2
(June 13, 2006)
transferred to the Newport-Mesa Unified School District improvement account; (2) utilized to reduce
the outstanding bonds; or (3) for improvements to the sports park.
The majority of the interest earnings were utilized for enhancements to the original construction
contract and for the design and construction of the Newport Coast Loop Road project (an eligible
NMUSD improvement account project). After the completion of the Loop Road project, $88,411
remained in the City's improvement account for further use.
As part of the FY 2005/06 Capital Improvement Plan, City Council authorized $75,457 for an onsite
storage facility at the park to be used by the various youth sports organizations for equipment.
Ultimately prefabricated sheds were installed with staff labor at a significant savings leaving
appropriations of $53,681 available for closely related projects. With the concurrence of the Youth
Sports Commission, staff recommends that the remaining appropriation be used for sun shades
providing shade and protection for the park patrons using the 8 ball field spectator stands and 6
picnic tables. Attachment A is a photo of the proposed structures.
Staff brought this item to the Parks, Beaches & Recreation Commission for their input at the May 2,
2006 meeting. At that meeting several of the Commissioners expressed that they did not feel
comfortable supporting this project as they felt it was unnecessary and too costly.
Upon hearing the input of the Commission several members of the Youth Sports Commission
contacted their Council representatives and asked that this item continue to be forwarded to the
Council for approval.
lam
CONTRACT WITH UNITED SPORTS SURFACING OF AMERICA, INC.
FOR THE PURCHASE AND 114STALLATION OF SHADE STRUCTURES
AT BONITA CANYON SPORTS PARK
THIS CONTRACT is made and entered into as of this _ day of , 2006, by and between
the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and UNITED SPORTS SURFACING
OF AMERICA, INC, a California corporation, whose principal place of business is 4000 Barranca Parkway,
Suite 250, Irvine, CA, 92604 ( "Seller "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of City.
B. City desires to purchase nine "custom Canopies" Shade Structures from Seller (hereinafter
referred to as the 'Shade Structures').
C. City also desires to engage Seller to install the Shade Structures at Bonita Canyon Sports
Park in Newport Beach over the picnic area and over eight baseball field stands, as
outlined further herein (hereainafter referred to as the "Project "). Seller also has agreed to
provide a 6 -year warranty on the fabric and a 10 -year warranty on the steel frames upon
which the fabric will be hung.
D. Seller has examined the location of all proposed work, is familiar with all conditions relevant
to the performance of the services contemplated herein, and has committed to provide the
required goods and services for the price specified in this Contract.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
SCOPE OF WORK
Seller shall provide all of the project deliverables and perform all the services described in the
Quotation attached hereto as Attachment A and incorporated herein by this reference.
As a material inducement to the City entering into this Agreement, Seller represents and warrants
that Seller is a provider of first -class products and services and that Seller is experienced in
performing the work and services contemplated herein and, in light of such status and experience,
Seller covenants that it shall follow the highest professional standards in performing the work and
services and that all products and materials will be of good quality. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first -class firms performing similar work under similar circumstances.
Seller shall install the Shade Structures at Bonita Canyon Sports Park in Newport Beach, CA as
described in the Quotation attached.
2. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Contract and Seller shall
complete the Project within 60 days of execution of this Agreement. The failure by Seller to meet
this deadline may result in termination of this Contract by City.
i
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 2
(June 13, 2006)
3. COMPENSATION
As full compensation for providing the products and services outlined in the Proposal, City shall pay
to Seller and Seller accepts as full payment the sum of Fifty -Eight Thousand, Seven Hundred
and Five Dollars and Ninety -Two Cents ($58,705.92). Seller shall not receive any additional
compensation unless approved in advance by the City in writing.
The City shall pay Seller forty percent (40 %) of the purchase price upon execution of this Contract,
and the balance upon satisfactory delivery and installation.
4. ADMINISTRATION
This Contract will be administered by the Recreation & Senior Services Department. Sean Levin
shall be the Project Administrator and shall have the authority to act for City under this Contract.
The Project Administrator or his /her authorized representative shall represent City in all matters
pertaining to the services to be rendered pursuant to this Contract.
5. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE
5.1 Seller shall use only the products and materials described in Attachment A in performing
Contract Services. Any deviation from the products and materials described in Attachment
A shall not be installed unless approved in advance by the City Administrator.
52 Seller shall perform all work diligently, carefully, and in a good and workmanlike manner,
and shall furnish all labor, supervision, machinery, equipment, materials, and supplies
necessary therefore.
5.3 All services shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
5.4 Seller shall use colored concrete to match the existing pavers adjacent to the eight (8)
bleachers.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
Seller agrees to indemnify, defend and hold harmless the City, its elected and appointed officials,
officers, employees and agents ( "City Indemnities ") from any claims, demands or liability of any
kind or nature, including, but not limited to, personal injury or property damage, arising from or
related to the products, services or other performance provided by Seller pursuant to this Contract,
unless such injury is caused by the sole negligence or concurrent active negligence of the City or
City Indemnities. If Seller's negligence combines with the City's active negligence to cause injury,
Seller and City agree that liability will be apportioned as determined by a court of competent
jurisdiction. Neither party shall request a jury appointment.
7. INDEPENDENT CONTRACTOR
City has retained Seller as an independent Seller and neither Seller nor its employees are
to be considered employees of the City. The manner and means of conducting the work
are under the control of Seller, except to the extent they are limited by statute, rule or
.. regulation and the express terms of this Contract. No civil service status or other right of
employment shall accrue to Seller or its employees.
9.
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 3
(June 13, 2006)
COOPERATION
Seller agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to be
performed. City agrees to cooperate with the Seller on the Project.
INSURANCE
Without limiting Seller's indemnification of City, and prior to commencement of work, Seller shall
obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies
of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Seller shall provide certificates of insurance with original
endorsements to City as evidence of the insurance coverage required herein. Insurance
certificates must be approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance shall be kept on
file with City's at all times during the term of this Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign
certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance in
the State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Best's Key
Rating Guide, unless otherwise approved by the City's Risk Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Seller shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. Any
notice of cancellation or non - renewal of all Workers' Compensation policies
must be received by City at least thirty (30) calendar days (10 calendar
days written notice of non - payment of premium) prior to such change. The
insurer shall agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work performed
by Seller for City.
ii. General Liability Coverage. Seller shall maintain commercial general
liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, contractual liability. If commercial
general liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to
be performed under this Contract, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Seller shall maintain
covering bodily injury and property damage for all
arising out of or in connection with work
Contract, including coverage for any owned
vehicles, in ar amount not less than one
combined single limit for each occurrence.
to be
hired,
millio
nautomobile insurance
activities of the Seller
performed under this
non -owned or rented
dollars ($1,000,000)
Contract for purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 4
(June 13, 2006)
10. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this Agreement is the
professional reputation, experience and competence of Seller. Assignments of any or all rights,
duties or obligations of the Seller under this Agreement will be permitted only with the express
written consent of City. Seller shall not subcontract any portion of the work to be performed under
this Agreement without the prior written authorization of City.
11. WITHHOLDINGS
City may withhold payment to Seller of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to pay
according to the terms of this Contract. Seller shall not discontinue work as a result of such
withholding. Seller shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Seller shall be entitled to receive interest on any withheld sums
at the rate of return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
12. CONFLICTS OF INTEREST
The Seller or its employees may be subject to the provisions of the California Political Reform Act
of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may
foreseeably be materially affected by the work performed under this Contract, and (2) prohibits
such persons from making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act, Seller shall conform to all requirements of the Act. Failure to do so constitutes
a material breach and is grounds for immediate termination of this Contract by City. Seller shall
indemnify and hold harmless City for any and all claims for damages resulting from Seller's
violation of this Section.
13. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Contract shall be
given in writing, to City by Seller and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail, postage
prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Seller to City shall be addressed to City to:
Sean Levin, Recreation Manager
Recreation & Senior Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3159 - Fax: 949 - 6443155
All notices, demands, requests or approvals from CITY to Seller shall be addressed to Seller to:
Karoleen Alexander
k, 1 United Sports Surfacing of America, Inc.
4000 Barranca Parkway, Suite 250
Irvine, CA 92604
Phone: 949 - 551 -4696 - Fax: 949 - 551 -4695
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 5
(June 13, 2006)
14. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this Contract at the
time and in the manner required, that party shall be deemed in default in the performance of this
Contract. If such default is not cured within a period of two (2) calendar days, or if more than two
(2) calendar days are reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt of written notice
of default, specifying the nature of such default and the steps necessary to cure such default, the
non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written
notice thereof.
Notwithstanding the above provisions, amity shall have the right, at its sole discretion and without
cause, of terminating this Contract at any time by giving seven (7) calendar days prior written
notice to Seller. In the event of termination under this Section, City shall pay Seller for services
satisfactorily performed and costs incurred up to the effective date of termination for which Seller
has not been previously paid. On the effective date of termination, Seller shall deliver to City all
materials purchased in performance of t )is Contract.
15. COMPLIANCE WITH ALL LAWS
Seller shall at its own cost and expense comply with all statutes, ordinances, regulations and
requirements of all governmental entities, including federal, state, county or municipal, whether
now in force or hereinafter enacted.
16. WAIVER
A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a
waiver of any subsequent breach of the same or any other term, covenant or condition.
17. INTEGRATED CONTRACT
This Contract represents the full and complete understanding of every kind or nature whatsoever
between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or
nature are merged herein. No verbal Contract or implied covenant shall be held to vary the
provisions herein.
18. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Contract and the attached
Proposal, the terms of this Contract shall govern.
19. AMENDMENTS
This Contract may be modified or amenc'ed only by a written document executed by both Seller
and City and approved as to form by the City Attorney.
20. EFFECT OF SELLER'S EXECUTION
Execution of this Contract by Seller is a representation that Seller has visited the Project Sites, has
become familiar with the conditions under which the work is to be performed, and has taken into
consideration these factors in submitting its Proposal.
21. INFRINGEMENT
Unless otherwise expressly provided in this Contract, Seller shall be solely responsible for clearing
the right to use any patented or copyrighted materials in the performance of this Contract. Seller
warrants that any software as modified through services provided hereunder will not infringe upon
or violate any patent, proprietary right, or trade secret right of any third party. Seller shall indemnify
and defend City, at Seller's expense, against all claims, demands, suits, liability, and expense on
Contract for Purchase and Installation of Shade Structures at Bonita Canyon Sports Park
Page 6
(June 13, 2006)
account of alleged infringement of any patent, copyright or trademark, resulting from or arising in
connection with the manufacture, sale, normal use or other normal disposition of any good or
article of material furnished hereunder.
22. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Contract and all matters relating to it and any
action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in
the County of Orange.
23. WARRANTY
Seller expressly warrants that the goods covered by this Contract are: (1) free of liens or
encumbrances, (2) of merchantable quality and fit for the ordinary purposes for which they are
used, and (3) fit for the particular purpose for which they are intended, and (4) satisfactory and safe
for consumer use.
Seller also has agreed to provide a 5 -year warranty on the Custom Canopies fabric and a 10 -year
warranty on the steel frame structures upon which the Shade Structures will be installed. This
warranty is outlined in more detail in Attachment B.
24. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the language
used and shall not be construed for or against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year
first written above.
APPROVED AS TO FORM:
I7
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
I:. Attachments: Exhibit A. Quotation
Exhibit B. Warranty
CITY OF NEWPORT BEACH,
A Municipal Corporation
Don Webb
Mayor
for the City of Newport Beach
UNITED SPORTS SURFACING
OF AMERICA, INC:
Name:
Title:
By:
Name:
Title:
01/23/2006 16:11 FAX 9495514695 UNITED SPORTS SURFACING 10002/002
As Pogvesred
Shade Structures
DATE:
TO:
Phone / Fax
United Sports Surfacing of America, Inc.
QUOTATION
January 23,2006
www.spart.5urfocin.g.com
Andrea McGuire — Superintendent Of Recreation
City of Newport Beach
949 -644 -3161 949 -644 -3155
Thank You for the opportunity to provide you with the following quotation.
PROJECT NAME: BONITA CANYON SPORTS PARK
SHADE STRUCTURES by Custom Canopies
Eight (8) Full Cantilever 2 Posts
Custom Field Heights:
1:12'x22'6 "x12'
2: 13' x 22'6" x 12'
3: 10' x 22'6" x 12
4: 16'x 24'10".x 12'
powder coated steel (white, black or beige)
custom colors avail at addt'I cost
80 roph windload
Shadesure high - density polyethylene Cloth
Hail protection, approx 80% shade, 90% U V protection
Expected life 10 -12 years, 6 year (normal wear) warranty
against fading, cracking, tearing, fraying and mildew
534,407.18
site survey
Price Excludes: Permits and PerfitrmaneelWarranty Bonds
Allow 6 weeks from date of Purchase Order (sane orders may be shipped in less fime).
Karoleen Alexander, Eslimaior L949) 531 -1696
Should this proposal find your approval, please issue purchase order to.
USSA, Inc - Fax (949) 551 -4695
Coverink New Ground
4000 Barranca Parkway, Suite 250, Irvine, California 92604 • tel: (949) 55I -4696 • fax: (949) 551 -4695
0313112006 00:30 FAX 9495514695 UNITED SPORTS SURFACING !71001/002
�l
E)
United Sports Surfacing of America, Inc.
USSA / CUSTOM CANOPIES INTL.
WARRANTY
Purchaser
Installation Location:
Product:
Date Ins
USSR/ Custom Canopies Intl. Inc. warrants that:
A.) Fabric is conditionally warranted for six (6) years (Normal Wear) warranty against
fading, cracking, tearing, fraying and mildew.
B.) SO Miles Per hour Wind Load
C.) High Density Cloth
D.) Steel work is warranted for ten (10) years from completion of installation date
E.) This warranty is not transferable
F.) This warranty does not cover structural movement or internal impact caused by any acts
of uncontrollable nature.
This warranty shall only be valid:
A) If original warranty is that was signed by USSA, Inc. is presented
B) If the purchaser has paid in full for the products.
In the event of warranty issues, USSA will respond to the owner within seven (7) business days to
make arrangements for a site visit. Upon site inspection, conditions will be determined and
assessed and potential obligations to perform repair or other will be provided within a reasonable
and agreeable time frame, weather permitting.
Manufacture's obligations under this warranty will be limited to:
a) Replacement of the product or,
b) Supply of equivalent products or,
C) Repair of the products and products will be prorated to the warranty period.
Signed on behalf of USSA, Inc. / Custom Canopies Intl.
Covering new ground
4000 Barranca Parkway, Suite 250, Irvine, California 92604 • tel: (949) 551 -4696 • fax: (949) 551.4695
M. Y y F�
n
c� ��r
11LI FO FL
Mayor
Don Webb
Mayor Pro Tern TO:
Steven Rosansky
Council Members FROM:
Keith D. Curry
Leslie J. Daigle SUBJECT:
Richard A. Nichols
Tod W. Ridgeway DATE:
Edward D. Selich
CITY OF NEWPORT BEACH
OFFICE OF THE CITY COUNCIL
Honorable Mayor and Members of the City Council
Keith Curry, Council Member, 7th District
Shade Structures at Bonita Canyon Sports Park
June 7, 2006
I asked the City Manager to place this item on the agenda for the June 13th
meeting. My reasons for doing so is when staff from Recreation & Senior
Services brought this item to PB &R for information, some PB &R members
expressed a desire not to purchase and install the shade structures. The item
on the PB &R agenda was not an action item, but an informational item only.
Therefore, in the discussion that took place, PB &R did not actually vote to
disapprove the action; thus, it did not provide me an opportunity to "call up"
a PB &R vote.
The shade structures were requested by sports groups which regularly utilize
Bonita Canyon Sports Park. The existing trees are not of sufficient size to
provide needed shade on hot days. Since the money which would be used to
purchase shade structures is limited to Bonita Canyon Sports Parks uses, and
since shade structures seem to be a high priority for park users, I hope the
City Council will move forward with its approval to purchase and install them,
so shade can be provided from the structures before the end of summer.
I think this use and expenditure is entirely appropriate and justified, and I
hope the rest of Council will agree. If there is some disagreement on my
request, I do ask the item be continued until the June 27th Council meeting
when I will be present.
Thank you for your consideration.
Keith Curry, Council Member
0
City Hall • 3300 Newport Boulevard • Post Office Box 1768
Newport Beach California 92658 -8915 • www.city.newport- beach.ca.us