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12-08-2014 (Parks & Recreation) Agenda Packet {t a Wylie Parks and Recreation Board 0 ;Ra;p4 - NOTICE OF MEETING S1411 or WO Regular Meeting Agenda December 8, 2014 — 6:30 p.m. Wylie Municipal Complex Council Chambers 300 Country Club #100 Wylie, Texas 75098 Matt Rose Chair Lisa Ulmer Vice-Chair Dan Chesnut Board Member David White Board Member Jeff Harris Board Member Emmett Jones Board Member Bobby Kinser Board Member Robert Diaz Board Liaison Shohn Rodgers Parks Manager Mike Sferra Public Services Director Janet Hawkes Board Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Board Chair requests that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address the Board regarding an item that is not listed on the Agenda. Residents must provide their name and address. Board requests that comments be limited to three (3) minutes. In addition, the Board is not allowed to converse, deliberate or take action on any matter presented during citizen participation. December 8,2014 Wylie Parks and Recreation Board Regular Meeting Agenda Page 2 of 2 REGULAR AGENDA 1. Consider and act upon approval of the Minutes from the November 10, 2014 meeting. 2. Consider and act upon the recommendation to amend the FY 2014-15 Acquisition and Improvement Budget for a project at Community Park,located in the Central Zone. DISCUSSION ITEMS • Subcommittee update regarding Wylie Recreation Center Operations Budget Assessment Report. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 5th day of December 2014 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed CITY OF WYLIE Parks and Recreation Board Meeting Minutes Monday, November 10,2014—6:30 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Building 100 Wylie, Texas 75098 CALL TO ORDER Board Chairman Rose called the meeting to order at 6:30 p.m.with Board Member Ulmer,Board Member Chesnut,Board Member White,Board Member Harris,Board Member Jones and Board Member Kinser. Board Member Jones left the meeting at 7:51 p.m. Staff members present: Parks&Recreation Superintendent,Robert Diaz and Parks Board Secretary,Janet Hawkes. CITIZENS PARTICIPATION No citizens addressed the Board. BUSINESS ITEMS 1. Consider and act upon approval of the Minutes from the October 13, 2014 meeting. Board Action: Board Member Harris made a motion,seconded by Board Member Jones,to approve the minutes from the October 13,2014 meeting. A vote was taken and passed 7-0. DISCUSSION ITEMS • Subcommittee recommendations for future Parks Acquisition and Improvement Fund projects. Superintendent Diaz advised the Board that the Parks Acquisition and Improvement(A&I)Fund is typically a fund that is budgeted as part of the regular budget process.The 2014/2015 Fiscal Year began on October 1,2014 and continues through September 30,2015. The fees for the upcoming Creekside Apartment Development are$800 per unit and those fees are required to be paid prior to issuance of the project's certificate of occupancy. He stated that staff will pursue obtaining a target date for completion from the developer and provide that information at a subsequent meeting. The phase two addition of the Wooded Creek development,located off Lakefield Dr.just west of the Parkside Development,includes fees totaling approximately$30,000 as well as the dedication of a trail connection. The Alanis Crossing developer has already paid the parkland dedication fees owed,totaling$159,000. An additional$150,000 is expected after the completion of Alanis's second phase. Although it is possible in Fiscal Year 2014/2015, $88,000 in development fees for the Covington Estates Phase One development is expected to be paid in Fiscal Year 2015/2016. Westgate Townhomes Development,which is a planned development of ten acres,located south of Chili's on Westgate Way,will owe the City$156,000 in development fees. Those fees are expected in Fiscal Year 2015/2016. The Mansions at Wylie Seniors apartment complex located in the City's southwest area just behind the Target,will have development fees of$256,000,and those fees are expected to be paid in Fiscal Year 2015/2016. Developers for the Dominion of Pleasant Valley and Kremer Estates Phase Two offered land dedications and improvements in lieu of fees so no funds will be received from either of those developments. Subcommittee members met in October and November and individually turned in a ranked list of park priority preferences. It was agreed that the priority of future potential projects should first be to designate $75,000 toward the installation of baseball area bleacher covers in Community Park. Superintendent Diaz stated that a meeting is set up for next week with the Wylie Baseball/Softball Association(WBSA)to see if they have any funds allocated to assist with the purchase of bleacher covers. After discussions with the WSBA Board,a recommendation to the City Council from the Parks and Recreation Board would be necessary in order to allocate funds to the Community Park bleacher cover project. Subcommittee members concluded that the second project priority should involve the Wylie Municipal Complex Trail by adding a six foot concrete connector from the Complex Trail to the Smith Library parking lot and to add enhancements to the old FM1378 road bridge. A finalized project priority recommendation list from the sub-committee will be brought back to the Parks and Recreation Board at the March 2015 meeting for review and recommendations prior to the start of the 2015/2016 Fiscal Year budget process. Board Chairman Rose stated that the construction of additional spaces in the parking lot at Pirate Stadium adjacent to Founders Park is estimated to cost an approximate$250,000. Several Board Members agreed this parking lot is very much shared between park users and Pirate Stadium spectators, and they supported the idea of the City approaching the Wylie Independent School District(WISD) and asking them to participate in any future expansion projects. Superintended Diaz updated the Board on the Municipal Trail Project progress. He stated that the trail contractor,North Rock Construction,has installed silt fence,taken core sampling and began grading of the trail with minimal disturbance to the existing trees. Concrete is anticipated to be poured in just a couple of weeks in the eastern meadow area off of Brown Street. Superintended Diaz explained that Sidewalk Bond money is being transferred into the Municipal Trail Project account in order to pay the contractor's invoices,and staff will in turn request reimbursement from the County to replace the borrowed Sidewalk Bond money. He also said that part of the$10,000 tree allowance was saved due to fewer trees needing removal near the planned trail;therefore,some of the saved$10,000 could possibly be used for the upgrades on the old FM1378 bridge. Board Member Harris addressed the need for playground improvements at the Olde City Park and suggested the Parks and Recreation Board consider pursuing a vendor to spearhead a fundraiser to raise needed funds for the project,as was done in the funding of the Pirates Cove Playground a few years ago. Some organizations to consider approaching would be the Downtown Merchants Association,Blackland Prairie,American Legion and Rotary Club. The Board took a verbal poll and all agreed with Board Member Harris's suggestion to pursue a vendor who will sponsor fundraising for Olde City Park improvements. Superintendent Diaz agreed to obtain clarification whether pursuing this idea is acceptable for the Parks Board to do. He also noted that the Parks Board would need to provide conceptual playground ideas and plans to the vendor prior to the launching of a fundraising event. • Review of the Wylie Recreation Center Operations Budget Assessment Report. Superintendent Diaz noted that the Wylie Recreation Center's four year anniversary is approaching this February 2015. A consultant advised staff to revisit operational and fee related details every two years, Minutes November 10, 2014 Wylie Parks and Recreation Board Meeting Page 2 thus Ballard*King was contracted to do an assessment for the Wylie Recreation Center and met with staff in the summer of 2014 to review their findings and recommendations. Ballard*King's assessment was then presented to the City Council during the September 23,2014 meeting. The City Council provided staff with direction on the primary areas of focus and priorities they wanted for staff to pursue. City Council asked staff to make two lists from the recommended items on the Assessment Report:one list of"want-to-do"items and one list of"can-do"items. Superintendent Diaz presented the Board with a slideshow highlighting Ballard and King's recommendations for the Recreation Center. • Forming a sub-committee to review the Wylie Recreation Center Operations Budget Assessment Report. Superintendent Diaz requested two,preferably three,Board Members form a sub-committee who will meet with him monthly,for approximately four months,and review the Wylie Recreation Center's Operations Budget Assessment Report. Board Chairman Rose and Board Member Kinser agreed to serve on this new sub-committee. Superintendent Diaz agreed to contact Board Member Jones,who left the meeting early,and ask him to serve on the sub-committee as the third member. ADJOURNMENT There being no further business a motion to adjourn was made by Board Member Harris and seconded by Board Member Chesnut. A vote was taken and passed 6-0. The meeting was adjourned at 7:58 p.m. ATTEST: Janet Hawkes, Parks Board Secretary Matt Rose, Parks Board Chairman Minutes November 10, 2014 Wylie Parks and Recreation Board Meeting Page 3 Parks and Recreation Board � �ana AGENDA REPORT .NS%Rrry or Irsxpr Meeting Date: December 8, 2014 Item Number: Department: Parks and Recreation (Park Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: December 4, 2014 Budgeted Amount: Exhibits: 2 Subject Consider and act upon the recommendation to amend the FY 2014-15 Acquisition and Improvement Budget for a project at Community Park, located in the Central Zone. Recommendation To approve a recommendation to amend the FY 2014-15 Acquisition and Improvement Budget for a project at Community Park located in the Central Zone. Discussion The Parks and Recreation Board developed a subcommittee to discuss use of Parks Acquisition and Improvement funds for potential future projects. Subcommittee recommendations were reviewed and discussed by the Parks and Recreation Board at the November 10, 2014 meeting. The highest ranked project was to use Park Acquisition and Improvement funds for bleacher covers at Community Park baseball fields. Recently $159,000 was deposited in the Parks Acquisition and Improvement Fund Central Zone account for the Alanis Crossing Phase 1 Development. In order to utilize those funds in this fiscal year a budget amendment must be made. Staff met with Wylie Baseball and Softball Association President Lance Wallace about the possibility of the WBSA contributing to the bleacher cover project. Lance notified staff in November that they would be able to contribute $25,000 to the project. As staff was working with the shade cover vendor at Community Park it was discovered that the bleachers were not replaced at Cooper Field. New bleachers were purchased for the other three baseball fields following the completion of the initial improvements. Staff is recommending using Parks Acquisition and Improvement funds for new bleachers at Cooper Field in addition to the bleacher covers. Attached to this agenda report are quotes from USA Shade for bleacher covers and Hunter-Knepshield for new bleachers at Cooper Field. Here is the total cost of the project with the WBSA contribution included: USA Shade $61,178.00 Hunter-Knepshield $11,730.80 WBSA contribution -$25,000.00 Total $47,908.80 Page 1 of 1 Page 2 of 2 Approved By Initial Date Department Director RD December 4, 2014 City Manager USASHADE „, Fabric truct r . �.. A Brand of Shade Structures, Inc. COVER SHEET PROPOSAL FOR SHADE STRUCTURES CORPORATE OFFICE Dallas Date: 11-28-2014 8505-A Chancellor Row Dallas,TX 75247 To: Robert Diaz 800-966-5005 Phone 214-905-9514 Fax Fax: REGIONAL OFFICES Phone: 972-516-6341 Arizona Pages including this cover page: 9 2628-B W.Birchwood Cir. Mesa,AZ 85202 Project Name: Community Park — City of Wylie 480-446-0066 Phone 480-446-8679 Fax Quote Number: Al E110256 Austin COMMENTS: 1508-A Ferguson Lane Austin,TX 78754 512-836-5500 Phone Attached is quotation for shade structures as we discussed. Refer to the above 512-836-5600 Fax quote number with any questions or comments. California 1085 N. Main Street,Suite C When you are ready to place your order, please initial all pages of the proposal Orange,CA 92867 and sign the last page. 714-427-6981 Phone 714-538-2440 Fax Do not hesitate to call me for further assistance. 927 Enterprise Way Suite A Napa,CA 94558 707-257-7296 Phone Sincerely, 707-257-7297 Fax Las Vegas e4t e-2 6225 S.Valley View Blvd. Suite I Las Vegas, NV 89118 702-227-5273 Phone Andy Enright 702-227-5132 Fax Regional Manager Phone: (972) 354-6556 Note: This message is intended only for the use of the individual to whom it is addressed,and contains information that is privileged,confidential and exempt from disclosure under applicable law. If you are not the intended recipient,or the employee or agent responsible for delivering this message to the intended recipient,you are hereby notified that any unauthorized disclosure,distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by phone and return the original message to the above address. PROPOSAL Remittance address: Corporate Mailing °° Shade Structures,Inc Address: USASHADE /� �u P.O.Box 204691 Dallas,TX 75320-4691 P.O.Box560168 % ' & Fabric Structures , pun Ports Dallas,TX 75356-0168 (800)966-5005 A Brand of Shade Structures,Inc. This is a legal agreement — Please read carefully. Complete and initial all pages Purchaser: City of Wylie Date: 11-28-2014 Sales Rep: Andy Enright Contact: Robert Diaz PO Number: Phone: (972)354-6556 Phone: Director Quote No.: A1E110256 Email: aenright@usa-shade.com Billing Information: Shipping Information: Jobsite Information(including site name): 2000 Hwy. 78 North 800 Thomas St, Wylie,TX 75098 Wylie,TX 75098 Contact: Robert Diaz Contact: Contact: Robert Diaz Phone: 972-516-6341 Phone: Phone: 972-516-6341 Fax: Fax: Fax: Email: robert.diaz@wylietexas.gov Email: Email: robert.diaz@wylietexas.gov STRUCTURE PRICING QTY DESCRIPTION DETAILS PRICE 8 Option 1 Structure Size 25'x15 ` lst unit: $9,266.00 Hip Shade Structures Number of Posts 4 Units 2-8: $7,416.00 m 25x15x12 Number of Fabric Tops 1 unit ... ' 61111� Fabric Type ShadesureTM PI Fabric Color TBD Total: S61,178.00 , /// i' Steel Color TBD Price includes: II�% �� ���,, Post Attachment Method Drilled Pier/Recessed t`� �''','( Entry Height 12' Structures,installation, f 11 engineering, site , Wind load 90MPH 1 ,, layout,concrete �� Snow load 5Lbs/Sft cutting,dirt II li,h4, )A,i,, mommdby,,, ,, ill Notes: removal,line i� jt rm'I' locator, shipping and handling 8 Option 2 Structure Size 25'x15 ` 1st unit: $9,720.00 Slanted Hip Number of Posts 4 Unit 2-8: $8,070.00 Shade Structures Number of Fabric Tops 1 per unit 25x15x10'/13' Fabric Type ShadesureTM f11�1�1, � Fabric Color TBD Total: $66,210.00 1 /olio' ii d '%L i,, Steel Color TBD 11„I Post Attachment Method Drilled Pier/Recessed Price includes: Entry Height 10'/13' Structures,installation, Wind load 90MPH engineering, site Snow load 5Lbs/Sft layout,concrete Notes: cutting,dirt removal,line locator, shipping and handling Proposal—SP1 Page 2 Initials PROPOSAL Remittance address: Corporate Mailing °°u Shade Structures,Inc Address: w�i �� P.O.Box 204691 Dallas,TX 75320-4691 P.O.Box560168 % ' & Fabric Structures Sun Ports Dallas,TX 75356-0168 (800)966-5005 A Brand of Shade Structures,Inc. 2 Option 3 (Pavillion Area) Structure Size 12 5x12 1st unit: $6,173.00 4 Post Hip Number of Posts 4 Unit 2: $4,523.00 Shade Structures Number of Fabric Tops 1 per unit 12'x12'x8 Fabric Type ShadesureTM Fabric Color TBD Total: $10,696.00 Steel Color TBD pppp w ���� Post Attachment Method Drilled Pier/Recessed Price includes: 11�„I 11 41_1 e nd VI 11 I n JPd/ Entry Height 8' 1��40114 y4 Wind load 90MPH Structures, installation, 010011 engineering, site Snow load 5Lbs/Sft layout,concrete IIIII Notes: cutting,dirt removal,line locator, shipping and handling 2 Option 4 (Pavillion Area) Structure Size 14'x14' 1st unit: $5,733.00 14'x14' Number of Posts 1 Unit 2: $4,083.00 Sin'le Post P ramid Number of Fabric Tops 1 per unit ail"r� aii ,���������� a �a ,,,r� Fabric Type ShadesureTM ." Fabric Color TBD Total: $9816.00 ;, Steel Color TBD Post Attachment Method Drilled Pier/Recessed Price includes: uaiia��ir� liI a Entry Height "� ���� `1y� �/1//�i/inl�il��i ---�- "..-'1 Wind load 90MPH Structures,installation, engineering, site Snow load 5Lbs/Sft layout,concrete Notes: cutting,dirt removal,line locator, shipping and handling Proposal—SP1 Page 3 Initials PROPOSAL Remittance address: Corporate Mailing Shade Structures,Inc Address: U SAs N M L /// P.O.Box 204691 Dallas,TX 75320-4691 P.O.Box 560168 ,' & Fabric Structures Sun worts Dallas,TX 75356-0168 (800)966-5005 A Brand of Shade Structures,Inc. PRICING DETAILS Accessories/Miscellaneous QTY ITEM DETAILS COST Total for Access/Misc Items: $ Unit Total See Above PAYMENT TERMS: Accessories/Miscellaneous NA (1) Upon execution of the Agreement(Deposit) Shipping/Handling Included (2) Upon delivery of Sun Port(s) SUBTOTAL See Above (3) Upon completion of assembly/installation Sales Tax I % Exempt (4) Other(specify): Net 30 Assembly/Installation Included NOTES: Engineering Included Price reflects Buy Board Contract 423-13 TOTAL PRICE See Above GENERAL SCOPE OF WORK PERMIT REQUIREMENTS ASSEMBLY REQUIREMENTS YES NO YES NO ❑ Purchaser is responsible for Permit Submittal ❑ ® Underground obstacles ❑ ❑ ® ❑ Dirt Removal ENGINEERING REQUIREMENTS ❑ ® Soil Tests Building Code ® ❑ Concrete Cutting Type of drawings ® ❑ Concrete Truck Access #of sealed drawings ❑ ® Fencing Calculations Required ❑ ® Special Inspection Notes: ® ❑ Permits (see Permit Requirements) PRICING INCLUDES ❑ ® Prevailing Wages&Certified Payroll YES NO ❑ ® Union Wages ® ❑ Assembly/Installation (based on a single mobilization) ❑ ® Removal of existing structure or poles ® ❑ Shipping and Handling ❑ ® Curb Repair ® ❑ Engineered Drawings ❑ ® Landscaping Repair ❑ ® Sales Tax ❑ ® Electrical hook-up or trenching ❑ ® Permit Submittal ❑ ® Site Plan Approval ❑ ® Permit fees ® ❑ Site Survey ❑ ® Accessories ® ❑ Bobcat Access ❑ ® Coastal Primer ❑ ® Liquidated Damages ❑ ® Payment and Performance Bonds ❑ ® Other special conditions (noted below): ❑ ® ® ❑ Anchor Bolts Included Proposal—SP1 Page 4 Initials PROPOSAL Remittance address: Corporate Mailing Shade Structures,Inc Address: S r� �� P.O.Box 204691 Dallas,TX 75320-4691 P.O.Box 560168 ,' & Fabric Structures Sun worts Dallas,TX 75356-0168 (800)966-5005 A Brand of Shade Structures,Inc. GENERAL TERMS AND CONDITIONS AND WARRANTY 1) Proposal:The above proposal is valid for 30 days from the date first set forth above. After 30 days we reserve the right to increase prices due to the rise in costs of raw material,fuel or other cost increases.When applicable, Shade Structures, Inc. reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to; fuel, steel and concrete. Due to the duration of time between proposals, contracts and final installation, Shade Structures, Inc. reserves the right to implement this surcharge when applicable. 2) Purchase: By executing this proposal,or submitting a purchase order pursuant to this proposal(which shall incorporate the terms of this agreement specifically by reference)which is accepted by the SA Shade&Fabric Structures(the"Company"),the purchaser identified above("you"or the"Purchaser")agrees to purchase the Sun Ports brand shade structures("Structures")and the services to be provided by the Company,as detailed in the"Structure Pricing"and"General Scope of the Work"sections of this agreement,above,or in the relevant purchase order accepted by the Company,for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures(the ultimate owner of a Structure,whether Purchaser or a third-party, being the"Owner"). 3) Short Ship Claims: Purchaser has 15 days from receipt of the Structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time. 4) Standard Exclusions:Unless specifically included under"General Scope of the Work"section above,this agreement does not include, and Company will not provide Services,labor or materials for any of the following work:(a)removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA;(b)moving Owner's property around the installation site;(c)repair or replacement of any Purchaser or Owner-supplied materials;(d)repair of concealed underground utilities not located on prints,supplied to Company by Owner during the bidding process,or physically staked out by Owner,and which are damaged during construction;or(e) repair of damage to existing surfaces that could occur when construction equipment and vehicles are being used in the normal course of construction. 5) Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser(including,without limitation,as a subcontractor of Purchaser),Purchaser will include the following statement in Purchaser's contract with Owner: "The manufacturer's warranty for the Sun Ports brand shade structures is a separate document between Shade Structures,Inc.and the ultimate owner of the Sun Ports brand shade structures,which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by Shade Structures, Inc.. Due to surety requirements,any performance and/or payment bond will cover only the first year of Shade Structures, Inc. warranty." 6) Insurance Requirements:Company is not required to provide any insurance coverage in excess of Company's standard insurance.A copy of the Company's standard insurance is available for your review prior to acceptance of the Company's quote. 7) Payment:Terms of payment are defined in the"Pricing Details"section and are specific to this contract. For purposes of this agreement, "Completion"is defined as being the point at which the Structure is suitable for its intended use,the issue of an occupancy consent,or a final building department approval is issued,whichever occurs first. In any event where Completion cannot be effected due to delays or postponements caused by the Purchaser or Owner,final payment(less 10%retainage)is due within 30 days of the date when Completion was scheduled, had the delay not occurred.All payments must be made to USA Shade&Fabric Structure, Department 41349,P.O. Box 650823,Dallas TX 75265. If the Purchaser or Owner fails or delays in making any scheduled milestone payments,the Company may suspend the fulfillment of its obligations hereunder until such payments are made,or Company may be relieved of its obligations hereunder if payment is more than 60 days past due. Company may use all remedies available to it under current laws,including but not limited to filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt. 8) Lien Releases: Upon request by Owner,Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner.Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens. 9) Site-plan Approval,Permits,Permit Fees,Plans,Engineering Drawings and Surveying:Site-plan approval,permits, permit fees, plans,engineering drawings and surveying are specifically excluded from this agreement and the Services unless specified under the "General Scope of Work".The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained.Sealed engineered drawings that are required but not included in the"General Scope of Work"will result in an additional cost to Purchaser. Proposal—SP1 Page 5 Initials PROPOSAL Remittance address: Corporate Mailing °°�u Shade Structures,Inc Address: U SAS N bk �� P.O.Box 204691 Dallas,TX 75320-4691 P.O.Box560168 & Fabric Structures Sun 1—orts Dallas,TX 75356-0168 (800)966-5005 A Brand of Shade Structures,Inc. 10) Manufacturing&Delivery: Manufacturing lead-time from Company's receipt of the"Notice To Proceed"is approximately 6 to 8 weeks for standard Structures,and 8 to 12 weeks for custom Structures. Delivery is approximately 1 week thereafter. Delivery of Structures may be prior to or at start of assembly. 11) Returned Product, Deposits and/or Cancelled Order: Within the first 45 days after shipment from our facility,all returned product(s)and cancelled orders are subject to a 50% restocking fee. No returns are available following this 45 day period. All deposits are nonrefundable. All expenses incurred (engineering, site surveys, shipping and handling, etc)are the responsibility of the purchaser, up to notice of cancellation. 12) Concealed Conditions:"Concealed conditions"include,without limitation,water,gas,sprinkler,electrical and sewage lines, post tension cables,and steel rebar.This agreement is based solely on observations Company was able to make either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced which were not visible at the time this proposal was bid, Company will stop work and point out these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a change order for any additional work. In any event,any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage.Soil conditions are assumed to be soil that does not contain any water, hard rock(such as limestone, caliche,etc.), rocks bigger than 4 inches in diameter or any other condition that will require additional labor,equipment and/or materials not specified by the Purchaser or Owner in the bidding process.Any condition requiring additional labor,equipment and/or materials to complete the drilling or concrete operations will require a change order before Company will complete the process. Price quotes are based on a drill pier footing.Any variation will incur additional charges(i.e.spread footings,concrete mat,sand,water,landfill,etc.). Costs for footing and installation do not include any allowance for extending below frost lines(the additional costs for which vary by geographical region). 13) Changes in the Work:During the course of this project, Purchaser may order changes in the work(both additions and deletions).The cost of these changes will be determined by the Company,and a change order form must be completed and signed by both the Purchaser and the Company,which will detail the"General Scope of the Change Order". Should any change order be essential to the completion of the project,and the Purchaser refuses to authorize such change order,then Company will be deemed to have performed its part of the project, and the project and Services will be terminated. Upon such termination,Company will submit a final billing to Purchaser for payment,less a labor allowance for work not performed but including additional charges incurred due to the stoppage.No credit will be allowed for materials sold and supplied,which will remain the property of the Purchaser. 14) Warranty; Limitations of Liability: • Company warrants that all Company-supplied labor and Services will be performed in a good and workmanlike manner. • The warranty set forth in this Section 14 will be the Purchaser's sole and exclusive warranty. • The warranty set forth in this Section 14 will run from the date of performance of the service by the Company,and any warranty claims brought by Purchaser must be brought within 30 days of the date of performance of the Service giving rise to the claim. • Purchaser's sole remedy for a breach of the warranty set forth in this Section 14 will be the re-performance of the Services,or if that is not possible or practical,the refund of the price of the Services that breached the warranty. • Purchaser shall notify Company in writing detailing any defects in Service for which a warranty claim is being made. • COMPANY SHALL NOT IN ANY EVENT BE LIABLE FOR INDIRECT,SPECIAL,CONSEQUENTIAL,INCIDENTAL PUNITIVE OR LIQUIDATED DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT,WHETHER BASED IN CONTRACT,TORT(INCLUDING NEGLIGENCE),INTENDED CONDUCT OR OTHERWISE,INCLUDING WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS,INCOME OR GOODWILL,REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. • IN NO EVENT WILL COMPANY'S LIABILITY FOR MONETARY DAMAGES UNDER THIS AGREEMENT EXCEED THE FEES PAID OR DUE AND PAYABLE FOR THE SERVICES UNDER THIS AGREEMENT(OR THE RELEVANT PURCHASE ORDER). • EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT,COMPANY MAKES,AND PURCHASER RECEIVES,NO WARRANTIES OF ANY KIND,EXPRESS,IMPLIED OR STATUTORY,ARISING OUT OF,RELATED TO,OR UNDER THIS AGREEMENT,AND SPECIFICALLY DENIES THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. FURTHER,EXCEPT AS EXPRESSLY SET FORTH HEREIN,COMPANY ACKNOWLEDGES THAT THE SERVICES AND STRUCTURES PROVIDED HEREIN ARE PROVIDED"AS IS"WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT WARRANT THAT THE SERVICES OR STRUCTURES WILL MEET YOUR REQUIREMENTS OR THOSE OF THE OWNER. Proposal—SP1 Page 6 Initials PROPOSAL Remittance address: Corporate Mailing °°�u Shade Structures,Inc Address: USASHADE P.O.Box 204691 Dallas,TX 75320-4691 P.O.Box 560168 & Fabric Structures 1: n Ports Dallas,TX 75356-0168 (800)966-5005 A Brand of Shade Structures,Inc. • For all Structures installed by the Company, Purchaser must sign and return the"Customer Checklist and Sign-off'form to the Company within 10 business days from the construction completion date,or Company will not be held responsible for any warranties under this Section 14 or any damage to the Structure. • The warranties for the Structures are contained in a separate document between Company and the ultimate Owner of the Structures, which will be provided to Owner at the time of completion of the work. 15) Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify,defend and hold harmless the Company and its consultants,agents and employees or any of them from and against claims,damages,losses and expenses,including but not limited to attorneys'fees, related to the installation of the Structure or performance of the Services, provided that such claim, damage,loss or expense is attributable to bodily injury to,sickness,disease or death of a person or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents,employees,or subcontractors or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 15. 16) Warranty: • USA SHADE provides a limited warranty on all USA SHADE-supplied labor and materials. No other warranty is implied. • The warranty set forth shall be the purchaser's sole and exclusive warranty,and is void if structures are not paid for in full. • The warranty is void if any changes, modifications,additions or attachments are made to the structures without the prior written consent of USA SHADE. • The warranty is void if the structures are not assembled in strict compliance with USA SHADE specifications. • The warranty will be void if regular maintenance is not performed. This is particularly critical in regions where dirt/sand may cause abrasion of fabric. • The warranties below are effective from the date of sale,or,if assembled by USA SHADE,the date of construction completion. • USA SHADE reserves the right to repair or replace any item covered by this warranty. • Purchaser shall notify USA SHADE in writing,detailing any defects for which a warranty claim is being made. • USA SHADE shall not in any event be liable for indirect,special,consequential,or liquidated damages. • USA SHADE specifically denies the implied warranties of fitness for a particular purpose and merchantability. • No signs,objects,fans,light fixtures,etc.,may be hung from the structures, unless specifically engineered by USA SHADE. These items may interfere with the fabric,voiding the warranty. • The warranty shall be void if damage to the steel frame or fabric top is caused by misuse,willful or intentional damage,vandalism,any Act of God(i.e.hurricane,tornado, micro/macroburst),including, but not limited to,ice,snow,or wind in excess of applicable building code parameters. • For all units assembled by USA SHADE the"Customer Checklist and Sign-off'form must be signed and returned to USA SHADE within 10 business days from the date of construction completion,or USA SHADE will not be held responsible for any damage to the structures. The warranty will also be considered null and void until this checklist is received by USA SHADE. ShadesureTM Fabric: • ShadesureTM fabrics carry a 10-year limited manufacturer's warranty from the date of assembly,against failure from significant fading, deterioration, breakdown,mildew,outdoor heat,cold,or discoloration,with the exception of Red and CoolbrellaTM fabrics,which carry a 3- year limited warranty. Should the fabric need to be replaced under the warranty, USA SHADE will manufacture and ship a new fabric at no charge for the first 6 years,thereafter pro-rated at 18%per annum over the last 4 years. • This warranty shall be void if damage to the fabric is caused by contact with chemicals, misuse,vandalism,any Act of God(i.e. hurricane, tornado, micro/macroburst),including,but not limited to,ice,snow,or wind in excess of the applicable building code parameters. • All fabric tops are warranted for winds/gusts up to 90mph and prior to snow or ice accumulation. • All fabric curtains,valances and flat vertical panels are not covered under the warranty. • Fabric is not warranted where it is assembled on a structure that is not engineered and built by USA SHADE. • USA SHADE structures are designed to eliminate friction between the rafters and fabric. The warranty will be voided if any modification or attachment is made to the rafter(s). The fabric will wear/tear should any object be placed between the rafter and the fabric,voiding the warranty. • Labor for the removal,assembly,and/or freight will be covered for a period of 1 year,where the structures supplied and assembled by USA SHADE are defective. In all cases where the structures are not assembled by USA SHADE,or its agents,all labor for the removal, assembly, and/or freight will be at the customers'expense,and the warranty will only be applicable to the repair or replacement of the defective materials. • USA SHADE reserves the right,in cases where certain fabric colors have been discontinued,to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. USA SHADE does not warrant that any particular color will be available for any period of time,and reserves the right to discontinue any color for any reason,without recourse by the owner of the discontinued fabric color. Proposal—SP1 Page 7 Initials PROPOSAL Remittance address: Corporate Mailing °°�u Shade Structures,Inc Address: USASHADE P.O.Box 204691 Dallas,TX 75320-4691 P.O.Box 560168 ,' & Fabric Structures 4un Ports Dallas,TX 75356-0168 (800)966-5005 A Brand of Shade Structures,Inc. Colourshade®FR Fabric: • Colourshade®FR fabrics carry a 5-year limited manufacturer's warranty from the date of assembly, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold, or discoloration,with the exception of FR Red and Coolbrella TM fabrics,which carry a 3-year limited warranty. Should the fabric need to be replaced under the warranty, USA SHADE will manufacture and ship a new fabric at no charge for 5 years. • This warranty shall be void if damage to the fabric is caused by contact with chemicals, misuse,vandalism,any Act of God(i.e.hurricane, tornado, micro/macroburst),including,but not limited to,ice,snow,or wind in excess of the applicable building code parameters. • All fabric tops are warranted for winds/gusts up to 90mph and prior to snow or ice accumulation. • All fabric curtains,valances and flat vertical panels are not covered under the warranty. • Fabric is not warranted where it is assembled on a structure that is not engineered and built by USA SHADE. • USA SHADE structures are designed to eliminate friction between the rafters and fabric.The warranty will be voided if any modification or attachment is made to the rafter(s).The fabric will wear/tear should any object be placed between the rafter and the fabric,voiding the warranty. • Labor for the removal,assembly,and/or freight will be covered for a period of 1 year,where the structures supplied and assembled by USA SHADE are defective. In all cases where the structures are not assembled by USA SHADE or its agents,all labor for the removal, assembly and/or freight will be at the customers'expense, and the warranty will only be applicable to the repair or replacement of the defective materials. • USA SHADE reserves the right,in cases where certain fabric colors have been discontinued,to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. USA SHADE does not warrant that any particular color will be available for any period of time and reserves the right to discontinue any color for any reason,without recourse by the owner of the discontinued fabric color. NOTE: ShadesureTM and Colourshade®FR fabric warranties cover fabric tops up to 40'in length. Fabric tops over 40'in length are covered by a non- prorated 5-year warranty. Additionally,fabric tops made from other fabric types(i.e.Sunbrella®)will include their respective manufacturer's warranty. Shadesure and Coolbrella are trademarks of Shade Structures,Inc.. Colourshade is a registered trademark of Multiknit Pty.Ltd. Sunbrella is a registered trademark of Glen Raven Custom Fabrics,LLC. Steel: • The structural integrity of the steel is warranted for 10 years. • Workmanship and powder coated surfaces are warranted for 1 year. • This warranty shall be void if damage to the steel frame is caused by misuse,vandalism,any Act of God(i.e.hurricane,tornado, micro/macroburst),including, but not limited to,ice,snow,or wind in excess of applicable building code parameters. Thread: • USA SHADE warranties its sewing thread for a period of 8 years. • The thread will be free from defects in material/workmanship and will not be damaged by exposure to sunlight,weather,or water. • This warranty does not cover damage from fire,cuts,vandalism, misuse,or any Act of God(i.e. hurricane,tornado, micro/macroburst), including,but not limited to,ice,snow,or wind in excess of the applicable building code. • Labor for the removal,assembly and/or freight of tops with damage caused by thread will only be covered in instances where USA SHADE has assembled the unit. In all cases where units where not assembled by USA SHADE,all labor for the removal,assembly and/or freight will be for the customers account and the warranty will only be applicable to the repair or replacement of defective materials. 17) Assembly/Installation: • Company will notify Purchaser of the scheduled assembly date.Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the Structure(s)is to be placed • Labor for the removal,assembly and/or freight charges will only be covered by Company in instances where the Structures supplied and installed by Company are determined by the Company to be defective.In all cases where Structures are not installed by Company,all labor for the removal,assembly and/or freight of the Structures will be Purchaser'responsibility. • Installation prices are based on a single mobilization charge. If additional mobilization is needed,there will be additional charges. • If the requested Services require Company access to Owner's premises Company will be provided access to the Owner's premises free and clear of debris,automobiles or other interference Monday thru Friday during the hours of 8am to 6pm,and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible.All automobiles will be moved prior to Company's crew beginning any installation. Proposal—SP1 Page 8 Initials PROPOSAL Remittance address: Corporate Mailing ' Shade Structures,Inc Address: USASHADE P.O.Box 204691 Dallas,TX 75320-4691 P.O.Box 560168 ,' & Fabric Structures 1:1n worts Dallas,TX 75356-0168 (800)966-5005 A Brand of Shade Structures,Inc. • Company will not be responsible for moving or repairing any underground utility lines such as electrical,telephone,gas,water,or sprinkler lines that may be encountered during installation. • Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation. 18) Installation/Assembly on-site: Where installation/assembly is part of the Services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the Structure(s)are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult.Any fixture(s),e.g.,playground, pools etc.,that the Structure(s)is/are to be assembled over must also be detailed,along with their peak heights(if applicable). 19) Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the Structure(s)ordered are appropriate and safe for the Owner's installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post. Company can recommend or supply at additional cost, padding for posts from a third party manufacturer. 20) Preparatory Work: Where installation/assembly is part of the Services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day,a delay of order notification must be sent to Company at least 4 working days before in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly,a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly. 21) Delegation:Subcontractors: The Services and the manufacturing and assembly of the Structures may be performed by subcontractors under appropriate agreements with the Company. 22) Force Majeure:Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the shade Structures when such failure or delay is due to any cause beyond the control of the Company,due to compliance with governmental regulations or orders,or due to any acts of God,strikes,lockouts,slowdowns,wars or shortages in transportation, materials or labor. 23) Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas,Texas by a single arbitrator selected by the parties or by the American Arbitration Association,and conducted in accordance with the construction industry arbitration rules.Judgment upon the award may be entered in any court having jurisdiction thereof. 24) Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including.Without limitation any statements as to the Structures,warranties or Services provided hereunder. 25) No Third-Party Beneficiaries: This agreement creates no third party rights or obligations between Company and any other person, including any Owner who is not also a purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this Agreement. 26) Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas. 27) Assignment: Purchaser may not assign this agreement,by operation of law or otherwise,without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser,and their successors and permitted assigns. 28) Materially Increased Costs:Company reserves the right to implement a surcharge for material increases in raw materials,including but not limited to fuel,steel and concrete. Due to the duration of proposals and contracts, Company reserves the right to implement this surcharge when it determines that raw material cost increases warrant it. Proposal—SP1 Page 9 Initials PROPOSAL Remittance address: Corporate Mailingu Shade Structures,Inc Address: r� /� P.O.Box 204691 Dallas,TX 75320-4691 P.O.Box 560168 ,' & Fabric Structures 1: n worts Dallas,TX 75356-0168 (800)966-5005 A Brand of Shade Structures,Inc. Executed to be effective as of the date executed by the Company: PURCHASER: COMPANY: City of Wylie SHADE STRUCTURES,INC. Signature: Signature: By: (Print) By: (Print) Andy Enright Title: Title: Regional Manager Date: Date: 11-28-2014 NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc. Proposal—SP1 Page 10 Initials ,;441liiiiii'tft, IV,4i it'i iliiNtl NO ,,N,„ P.O. Box 260677 * Plano, TX 75026-0677 DATE November 24,2014 1.800.451.4138 * 972.867.5739 * Fax:972.867.7250 Quotation # 14-6875 Bill To: Ship To: City of Wylie Same Attn: Robert Diaz Quotation valid until: December 20,2014 300 Country Club Road# 100 Prepared by: Barry Tredway Wylie, TX 75098 Comments or special instructions: "Buyboard"quote for aluminum bleachers auanit Catalog# Description Unit Extended 2 Bleachers Kay Park Model#BLRA5A21V4F41-IC 4,556.00 9,112.00 5 Row Aluminum Frame Bleacher - 21'Aluminum Plank,Double Footboards,6"Rise - Vertical Rails - 2 Install Installation Charge 1,200.00 2,400.00 1 Buyboard Buyboard Discount (1,031.20) (1,031.20) NOTE:These prices do not include footers for the - bleachers - Buyboard contract number#423-13 - Sub TOTAL $ 10,480.80 Freight $ 1,250.00 Tax TOTAL $ 11,730.80 If installation is required,the following will prevail. The customer is responsible for the offloading of equipment. The above quotation is based upon site access for heavy equipment and normal soil conditions of 2000 PSF. If during excavation of foundations necessary per manufacture specifications,condition exceed normal,our contractor shall notify the owner immediately. This shall include all types of rock vegetation and/or any unforeseen hazards. There will be additional charges incurred to clear the area and/or the abutment hole so that installation can be completed. No soil tests,licenses or permits included. ***NOTE. IF APPLICABLE SALES TAX IS NOT INCLUDED. Copy of tax exempt certificate must accompany all exempt orders. Customer is responsible for paying applicable sales tax direct to their state,or submits copy of tax exempt certificate with order. ***TERMS: NET 30 DAYS(UPON APPROVED CREDIT). Service charge of 2%per month added to all costs,including attorney fees. Quote is valid for 30 days. THANK YOU FOR YOUR BUSINESS! Authorized Signathre Authorized Signature of Purchaser Date: