HomeMy Public PortalAbout106-2020 - Parks - Recreation Insights - Install Sails at Elstro PlazaAGREEMENT
THIS AGREEMENT made and entered into this I7#2 day of , 2020, and referred
to as Contract No. 106-2020 by and between the City of Riclifliond, Indiana, a municipal
corporation acting by and through its Board of Public Works and Safety (hereinafter referred to
as the "City") and Recreation Insights, LLC, 12237 Westmorland Drive, Fishers, Indiana, 46037
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services to furnish, assemble, locate, . and install
approved sails at the Jack Elstro Plaza, which installation and services shall include, but shall not
be limited to, installation of two (2) sails with dimensions of 12x25x10 on the west side of the
Plaza and one (1) sail with dimensions of 10x20x10 on the east side of the Plaza, with
installation to include layout and excavation of footing holes.along with disposal of materials and
debris and with inclusion of freight and engineering documents, all of which is more specifically
set forth on Contractors response and all of which is to be performed for the City and for the
Richmond Parks Department (the "Project").
Bid Specifications dated March 10, 2020, have been made available for inspection by Contractor,
are on file in the office of the Director of Purchasing for the City of Richmond and in the offices
of the Parks Department for the City, and are hereby incorporated by reference and made a part
of this Agreement. Contractor agrees to abide by the same.
The response of Contractor to said Bid Specifications is attached hereto as Exhibit A, which
Exhibit is dated March 18, 2020, consists of sixteen (16) pages, and is also hereby incorporated
by reference and made a part of this Agreement. Contractor agrees to abide by the same.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any- of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor,, material, equipment, and services necessary which are
incidental to the proper completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
Contract No. 106-2020
Page 1 of 7
0
SECTION H. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its -own expense, competent supervision
of the work.
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Thirty-nine Thousand Eight Hundred Twenty
Dollars and Zero Cents ($39,820.00) for complete and satisfactory performance of the work
required hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective upon complete execution of this Agreement and shall
continue in effect until September 3-0, 2021.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the' reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in
any material respect;
C. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for allwork
performed -prior to the effective date by Contractor, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such. termination, the effective date, and in the case of partial
termination, the portion to be terminated.
Page 2 of 7
This Agreement may also be terminated by the City if a force-maj eure event occurs and the
results or aftereffects of said event causes the performance of this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
include events or effects which the parties to this Agreement could not have anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government, the State of Indiana, or local government.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any. other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1.- Bodily Injury
Section 2. Property Damage
E. Comprehensive Umbrella Liability
Page 3 of 7
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commencing work under this Agreement, provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Contractor has complied with Indiana
Code Sections 22-3-2-5, 22-3-54 and 22-3-5-2. If Contractor is an out of state employer and
therefore subject to another state's worker's compensation law, -Contractor may choose to
comply with all provisions of its home state's worker's compensation law and provide the City
proof of such compliance in lieu of complying with the provisions of the- Indiana Worker's
Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City -notifies the Contractor of the violation. If Contractor fails to remedy the violation
within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to be
in effect until the City procures a new. contractor. If
this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the. Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
the event the City determines during the course of this Agreement that this certification is no
longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-
22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
Page 4 of 7
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement, with respect to
hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
related to employment, because of race, religion, color, sex, disability, national origin, or
ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, -or any person
acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of
race, religion, ' color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person acting on behalf of Contractor,
or any sub -contractor shall in no manner discriminate against or intimidate any employee
hired for the performance of work under this Agreement on account. of race, religion,
color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
day during which such person was discriminated against or intimidated in violation of the
provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all monies
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
Page 5 of 7
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither parry may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other parry. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
whole or in part at any time by filing with the Agreement a written instrument setting forth such
changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts,. each of which shall be
an original and. all of which shall constitute but one and the same instrument.
The parties -hereto submit to jurisdiction of the courts of Wayne County., Indiana, and suit arising
under this Contract, if any, must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his or her principal to execute this Contract.
In the. event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of
this Agreement, including but not limited to City's reasonable attorney's.fees, whether or not suit
is filed.
[Signature Page to Follow.]
Page 6 of 7
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
.THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By: qL14-
Vicki Robinson, President
l
By:
mily almer, Member
By: kill
Matt Evans, Member
Date:
APPROVED: f avi M. S_
n w,
Date: �� "2®
"CONTRACTOR"
RECREATION INSIGHTS, LLC
12237 Westmorland Drive
Fishers, IN 46037
By: 4 Aa,"
Melissa Guffey, Owne
Date: l� �.,/�v2,o
r
Page 7 of 7
CITY Or IRIC11MOND
r 56 North Fifth Street
Ricinnond, Indiana 47374
(765) 983-7200
lqirivnno
PRICE REQUEST
THIS IS NOT AN ORDER
INSTRUCTIONS
This is a request for a price or quote for the services or
materials described below. Any additional
specifications may be attached hereto. This is not an
order and the City reserves the right to accept all or
part, or decline the entire'proposal. Please complete
your fill name, address, and phone number below with
signature; itemize all prices and charges where
requested; and attach explanation for any substitution to
specifications altered, Please return In care of
Purchasing to the address above by the specified date .
and time to be considered unless otherwise specified.
DATE
REPLY MUST BEEN
DELIVERY REQUIRED
PAYMENT TERMS
March 10 2020
March 19, 2020 4:59 nni
QUANTITY
CATALOG NO.
DESCRIPTION
UNIT PRICE
TOTAL
SHADE CANOPY.'
STRUCTURES
(see attached)
Bids may be mailed or delivered to the City
of Riclimond, ATTN: Kara Messier, 50 Nortli
Stli Street, Rlohmond, 'IN 47374;
Purchasing Department
PRICE REQUEST
NAME or rlluvl QUOTING
BY
KARA: MESSLER
PURCHASING MANAGER BY
AUT14ORIZID BY
All
State Tax hxemptioll No. 003121909-001 DATE t r
Phone No,
�EXHIBIT_A PAGE--j--0,V-J�11
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::creation sites
Purchase Order: Elstro Park Shade Sail Installation
DATE: March 18, 2020 FROM: Recreation InSims, LLC
Melissa Guffey
12237 Westmorland Dr, Fishers, IN 46037
P: (317) 201-7056 F: (317) 845-7502
PROJECT NAME.,. Jack Elstro Plaza POP
CLIENT CONTACT: 47 North 6,h Street NAME OF PURCHASING . City of Richmond Park and Recreation
Richmond, IN 47374 ENTITY: 50 North Sth Street
Richmond, IN 47374
DELIVERY CONTACT: • TBD.
Estimated completion date would be
6/5/2020. NOT GUARENTEED due to
current events and Corona Virus.
QUANTITY
PART #
DESCRIPTION
UNIT PRICE
AMOUNT
2
Shade Sall 12 x 25 x
Shade Superior Recreation Products 12' x 25' x 10' in
7,025.00
14,050.00
.10
ground.
4 columns: 8" SCH40. 2 @ 10' HT+:'•,for.
embedment. 2 @13' HT+3' for embedment.
Custom Hyperbolic Canopy to fit opening approximately
25' x 12' with quick extension and release mechanism,
cables and clamps
2
Freight
Freight for 12'x25'x10' with production expedited charges.
1,890.00
3,780.00
2
Documents
Engineering documents and fees
650.00
1,300.00
2
Installation
Installation with layout and excavation of footing holes for
4,250.00
8,500.00
sails. Assembly of equipment. Disposal of materials and
debris associated with Installation. Potential Paver
removal and limestone compaction removal with site
restoration after Installation.
1
Shade sail 20 x 10 x
Shade Superior Recreation Products 20' x 10' x 10'
5,400.00
5,400.00-
10
• 4 columns: 5" SCH 40, 2 @ 10' HT+3' for
embedment.- 2 @12' HT+3' for embedment.
• Custom Hyperbolic Canopy to fit opening
-approximately 20' x 10' with quicl< extension and
release mechanism, cables and clamps.
1
Freight
Freight for 12'x25'x10' with production expedited charges.
1,890.00
1,890.00
1
Documents
Engineering documents and fees
650.00
650.00
1
installation
Installation with layout and excavation of footing holes;for
-4,250.00
4,250.00
,
sails. Assembly of equipment, Disposal of materials and
debris associated with Installation. Potential Paver
removal and limestone compaction removal with site
Recreation inSltes,com I 1 37 Westrnod d-Drlve—FishersIn-dlp '45037'sl o:317.578.0588 I f: 317.845.7502
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,crea.tion sites
restoration after Installation,
Additional notes:
Estimate that Shade Sall 12 x 25 x 10,18 people standing
at about 4'x 4' spacing. 12 in Lounging Chairs at 4'x 6.
Estimate that Shade Sail 10 x 20 x 10, 12 people standing
at about 4'x 4' spacing. 81n Lounging Chairs at 4'x 6',
Tyolcally the sails are rates to 901VIPH winds, 3 second
burst, -
Pricing for Standard colors only.
Client Representative (Signature)
Client Representative (Printed)
5Ut3IUTAL �39'bzu.uu
ESTIMATED TAX (IF APPLICABLE)
TOTAL: $39,820.00
Date Recreation InSites Representative (Signature) Date:
Recreation InSites Representative (Printed)
TERMS AND CONDITIONS:
DELIVERYn
• This quote assumes direct delivery,
This quote Includes a charge for lift gate service,
Please allow up to 10-12 weeks for delivery,
• Extended delivery time may apply to select equipment and custom equipment,
♦ Recreation InSites will provide delivery estimates prior to purchase.
♦ Tentative date for installation wlll be needed upon order.
• Typical lead times are: Seals for Engineering Documents are 2-3 weeks, then 6-8 weeks for columns, then 3.4 weeks for sails. If expedited on seals, and
production of the canopy at the same time as the frame, product may be able to ship in 6 weeks. At this time, lead times and delivery cannot be
guaranteed due to current events and the Clorona Virus.
PRICING: •
• Pricing for materials only Is good until Apri130, 2020, Estlnnafed completlaa dale is determined by thne order Is placed anti Enulneer documents are
' Produced, an[l otvuer oppioves englneerlrrq documents, l'yplcnlly, enginr:ering doaumvnfs lull! tags z-3 wee/ra L'xperUterl prorfurtfon of mprerlals
cannot begin until engineering documents are approver/ by ownrr,
♦ This quote does nor mftle pmorng waEes ur 60m Dawn w-ge scale. STANDARD WAGES ONLY,
+ Charges for payment / performance bonding are not included, - `
• Charges for permits are not included. Owner Is responsible for obtaining all permits related to this project, J
Recreation InSites.com 1 12237 Wes _ o d Drive, Flsliers indlanaA6037-__1, o: 31.7,578.0588 1 f: 317,845,7502
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� -,creation ' nsites
1tIhIIVI. "I'li- NOIIIIIr:h!'
• Price assumes NO overhead (1316" or lower) or underground (within 3'6" of surface) obstacles. tAlgrm
• Please provide us with a copy of your tax-exempt certificate If applicable. otherwise, tax will be added if applicable.
PAYMENTTERMS
• Net 30 upon completion Shade Installation. O
A 50% deposit due at the time of purchase.
• Terms for credit will be established upon approval
MATERIALS:
• All material Is guaranteed to be sold as specified. Any alteration or deviation from above specifications Involving extra cost will be executed only upon
written orders and will become an extra charge over and above the sales quote. All agreements are subject to contingencles'forstrikes, accidents or delays
beyond our control.
WARRANTIES
• Materials and products are warranted by the manufacturers of those Items.' These warranties will be provided to the Customer at the time of final
payment.
• A one-year installation warranty is provided by Recreation Insites from date of Installation completion:
SITE REQUIREMENTS:
• Customer is to provide level dirt site, free of underground obstacles, rocks, tree roots, etc.,
• Customer 1s responsible for disposal of refuse / garbage/ and will supply dumpster onsite for use by Installation team.
• Customer is responsible for removal of any existing obstacles prior to Installation if removal of existing equipment is not included.
•c-ustterner 16 ;eseRtSUFfacfn9 9PPF6PFI81e tO the ghEeF t he equipment if suFfasing is not purchased icy Reereatlenq^g'. �,�, "''
•—GustarneF is Fespensible lip -de de Must he set agGoMis n'smg,;de needs to e-Wew 6 Ff0cr � level as speelfEed
3� Fern suFFeanding sedl-..„ana„a�,,GustameF is res 9 sihle-#e Rstailatlenef equip iHent if net ......tFaGt... out by Reere tlen
inS
• should the customer not ensure that the site conditions match the project specifications, the Customer shall be responsible for all costs and fees incurred
In properly preparing the site. The Customer shall also be responsible for all costs and.fees caused by site conditions which delay any work..A Project
Change Order wilt be issued to the Customer which outlines these costs and fees.
• A written documentation/check list must be completed and signed by owner before installation team will be deployed to site.
Please do net lAst ll any ,...�. lsaF•feneiflg-p F66eS5r
• The site shou4dld be as level as possible "Ml &Ttave4e-mGFe than a!" (I^ehfin 10' (feet) sle , op .Bane, l .,l,,4atle fl a .eF t e r. w{�f
the -pia emuad aFea,
INSTALLATION
Unless otherwise noted in the quote, the installation charge Includes the below:
• Receiving shipment on site and off-loading equipment
• Layout and excavation of footing holes for equipment provided by Recreation Insites, LLC eFacen•+pan
• Assembly of equipment provided by Recreation Insites or-Kernpan
• Concrete footings (where applicable)
Below is a list of services that are not automatically Included In the quote for equipment installation,
but may be available for an extra charge. Please Inquire with your local XOMPAN sales associate
for details:
• Off -site disposal of packaging from delivered equipment
• Removal of excavated soil from site
• Additional site excavation not Involving equipment footings
• Permits
• storage of Equipment
• Installation In stages
• Non-standard working hours (he, nights, weekends, holidays)
Unless otherwise noted, the quoted Installation charge assumes the following site conditions:
• Adequate access to the site for vehicles and equipment
A flat, level site (less than 1% grade) with no existing surfacing, drain rock, tree roots or other landscaping material
9---61eaF-maF{du85 of pplay+tte-beFdersan' finished ed OF de -height
• Good soil conditions for excavation (i.e. no large rocks, tree roots, underground structures, etc.)
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• All underground utilities marked clearly by customer prior to Installation crew arriving on site and without those utilities Interfering with necessary footing
holes
` �MBIT _.01 PAGE 5 O -IL,
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SSUPERIOR
RECREATIONAL PRODUCTS
1050 Columbia Drive, Carrollton, GA 30117
800,527.8774 1 sales@sllbrands.com
S 'Hwo A '120" Em
BY SUPERIOR RECREATIONAL PRODUCTS
Shade Structure Material Specifications
FABRIC SPECIFICATIONS
4 Shade fabric Is made of UV stabilized cloth manufactured by ALNET or approved equal.'
• The high density polyethylene material shall be manufactured with tensioned fabric structures In mind.
The fabric knit Is to be made using monofllament and tape filler which has a weight of 9.38 to 10,32 oz. sq. yd. Material to be
Rachel -knitted to ensure material will not unravel If cut.
Burst strength of 828 Ibf (ASTM 3786).
Cloth meets fire resistance tests as follows;
Alnet Extra Block; callfornia state Fire Marshall Reg. 0-93501
Others; NFPA 701-99 (Test Method 2) and ASTM E-84
FABRIC PROPERTIES
sTR5TCH STENTORED
Tear Tests MOO WARP 44.B
WEFT'44
Burst Tests (Ibs ft) 828
Fabric Weight (oz/sgFT) avg 1.02 to 1.07
Fabric Width
Roll Length ISO,
Roll Size 63" x 16.5"
Weight 120 lbs.
Life Expectancy 10 years
Fading Minimum fading after 6 years, 3 years for red and yellow
Temperature -77 degrees
Maximum Temperature +167 degrees
Continued on Page 2
IBIS' PAGE '?
�Fsrpstade.com 11
• shade protection and UV screen protection factors are as follows;
SHA139 PROTECTION AND. UV BLOCK OUT
Color
shade Cover
UVR Blocl< out
True Blue
93%
89%
Beige
97%
87%
Forest Green
96%•
94%
Sun Blaze
94%
91%
Silver
95%
93%
Black
98%
97%
River Gum Green
95%
92%
Sky Blue
95%
94%
Navy Blue
96%
95%
Turquoise
94%
94%
Yellow
76%
94%
Cream
74%
92%
THREAD
. Shall be 100% expanded PTFE fiber which carries a 10 year warranty that Is high strength and low shrinkage.
• Shall have a wide temperature and humidity range.
• Abrasion resistant and UV radiation Immunity.
. Shall be unaffected by non -hydrocarbon based cleaning agents, acid rain, mildew, chlorine, saltwater, and pollution,
. Lockstltch thread -1200 Denier or equal.
• Chain stitch thread - 2400 Denier or equal.
STEEL. TUBING
. All fabricated steel must be In accordance with approved shop drawings and calculations.
• All steel Is cleaned, degreased or etched to ensure proper adhesion of Superdurable powder coat in accordance with
manufacturer's specifications.
. All Steel used on this project needs to be new and accompanied by the mill certificates if requested. Structural steel tubing
up to S"-7 gauge shall be galvanized per Allied Steel FLO-COAT specifications, Schedule 40 black pipe fabrications shall be
sand -blasted and primed as described below.
• All non -hollow structural shapes comply with ASTM A-36, unless otherwise noted.
All hollow structural steel shapes shall be cold formed HSS ASTM A-53 grade C, unless otherwise noted.
• Plate products shall comply with ASTM A-36,
SUPERDURABLE POWDER COATING &•PRIMING
• . All non -galvanized steel shade to be sand -blasted and primed prior to Superdurable powder coating using reclaimable blast
-media In a mixture of GL50 & GL80 Steel Grlt.
• All non-galvanlzed steel must be coated with rust Inhibiting primer prior to applying the Superdurable powder coat, Primer
shall be Marine Grade Cardinal Industrial Finishes Corp. E396-GR1372 epoxy superdurable powder coating semi -gloss smooth
zinc rich prlmer.
0d" 0T � PAGE _0 �� b g srpshade.com 12
• Welds shall be primed with rust Inhibiting primer prior to applying the Superdurable powder coat, Primer shall be Marine
Grade Cardinal Industrial Finishes Corp E396-GRIS72 epoxy Superdurable powder coating semi -gloss smooth zinc rich primer,
• All steel parts shall be coated for rust protection and finished with a minimum 15 mil thick UV -Inhibited weather resistant
Superdurable powder coating.
• Powder used In the Superdurable powder coat process shall have the following characteristics:
CHARACTERISTICS
N,3.1 Specific Gravity 1.68+/-0.05
N.3,2 Theoretical Coverage 114+/- 4 ft 2/Ib/mll
N.3.3 Mass Loss During Cure <1%
N.3.4 Maximum Storage Temperature 75• F
• Superdurable powder coating shall meet the following tests:
ASTM
HOI TM 10.219
ASTM D2454-91
ASTM D3363-92A
ASTM D2794-93
ASTM D3359-9513
ASTM D522-93A
ASTM B117-95
UL DtOV2
• Application criteria:
TGSTS
Gloss at 60 Degree
85-95
PCI Powder smoothness
7
Over -Baize Resistance Time
200%
Pencil Hardness
H-2H
Dir/Rev impact, Gardner
140/140 In/lbs
Adhesion, Cross Hatch
5B Pass
Flexlblllty Mandrel
'/4" dia. No fracture
Salt Spray
1,000 hours
Organic Coating Steel
Recognized
Enclosures, Elect Eq.
APPLICATION CRITERIA
N.51 Electrostatic Spray Cold Substrate:0,032 In. CRS
N.5,2 Cure Schedule 10 minutes at 400' F
N,5.3 Pretreatment Sonderlte 1000
N.5.4 Film Thickness 3.5 Mils
WELDING
• All shop welds shall be executed In accordance with the latest edition of the American Welding Society Specifications.
• Welding procedures shall comply In accordance with the AWS DIJ AWS Structural Welding Code -Steel.
• All welds to be performed by a certified welder. All welds shall be continuous where length Is not given, unless otherwise
shown or noted on drawings.
• All welds shall develop the full strength of the weaker member. All welds shall be made using E70xx.035 wire.
• Shop connections shall be welded unless noted otherwise. Field connections shall be Indicated on the drawings. Field
welded connections are not acceptable.
• All fillet welds shall be a minimum of V4" unless otherwise noted,
• All steel shall be welded shut at terminations to prevent Internal leakage.
i srhshade,corn 13
• Internal weld sieeving is not acceptable.
• On -site welding of any component Is not acceptable.
SEWING
• On-slte sewing of a fabric will not be acc6pted.
• All corners shall be reinforced with extra non -tear cloth and strap to distribute the load.
• The perimeters that contain the cables shall be double lock stitched.
INSTALLATION HARDWARE
• Bolt and fastening hardware shall be determined based on calculated engineering loads.
• All bolts shall comply with SAE-J429 (Grade 8) or ASTM A325 (Grade BD). All nuts shall comply with ASTM F-594, alloy
Group 1 or 2.
• Upon request, Stainless Steel hardware shall comply with ASTM A-304.
• 1/4"-galvanized wire rope shall be 7x19 strand with a breaking strength of 7,000 lbs. for shades generally under 575 sq. ft.
unless requested larger by the customer, For shades over 575 sq. ft.. cable shall be 5/16" with a breaking strength of 9,600 lbs.
Upon request 1/4" Stainless Steel wire rope shall be 7x19 strand with a breaking strength of 6,400 lbs. 5/16" Stainless Steel
wire rope shall be 7/19• strand with a breaking strength of 9,000 lbs.
• All fittings required for proper securing of the cable are hot dipped galvanized.
CONCRETE
• Concrete work shall be executed In accordance with the latest edition of American Concrete Building Code ACI 318 unless
specified by the governing municipality.
• Concrete specifications shall comply In accordance with, and detalled as per plans as follows:
1, 28 Days Strength F'c = 2500 psi
2. Aggregate: HR
3. Slump: 3-5
4, Portland Cement shall conform to C-150
S. Aggregate shall conform to ASTM C-33
• All reinforcement shall conform to ASTM A-615 grade 60.
• Reinforcing steel shall be detailed, fabricated and placed in accordance with the Latest ACI Detailing Manual and manual of
Standard Practice.
• Whenever dally amblent temperatures are below 80• Fahrenheit, the contractor may have mix accelerators and hot water
added at the batch plant (see table).
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•rlVrlrw4l1AVDNi.LUtll
• The contractor shall not pour any concrete when daily ambient temperature Is below 55' Fahrenheit.
Temperature Range
75-80'
70-75'
Below 70`
TEMPERATE
Accelerator
1%
2%
3%
Type Accelerator
High Early (non calcium)
High Early (non calcium)
High Early (non calcium)
FOOTINGS
• All anchor bolts set In new concrete shall be ASTM A-307, or ASTM F-1554 If specified by engineer.
• All anchor bolts shall be zinc plated unless specified otherwise.
• Footing shall be placed In accordance with and conform to engineered specifications and drawings.
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Shade Warranty
GENERAL CONDITIONS
UM
The warranty set forth shall be the purchaser's sole and exclusive warranty, All warranties below are effective from the date of
delivery by Superior Shade, Its subsidiaries, or agents, Superior Shade reserves the right to repair or replace any Item covered by
this warranty,
• This warranty will be void If the structures are not pold for In full. The warranty is void If the structures are not Installed In
strict compllance with the manufacturer specifications.
6 Purgiiaser shall notify Superior Shade or Its agent In writing detailing any defect for which a warranty claim is being made,
• Superior Shade shall not In any event be liable for Indirect, special, consequential or liquidated damages.
• Superior Shade specifically denies the Implied warranties of fitness for a particular purpose and merchantability.
,
6 The warranty Is void If any changes, modifications, additions or attachments are made to the structures or fabric without the
written consent of the manufacturer.
• No signs, objects, ornaments, fans, lights, fixtures or decorations may be hung from the top part of the structure, unless
specifically designed and engineered by the manufacturer. These Items may Interfere with the fabric causing the warranty to
be voided.
• 1 year limited warranty on all moving parts and any Item not specifically listed above.
THREAD
Thread shall be 100% expanded PTFE fiber that Is high strength and low shrinkage, which carries a 10 year warranty. This
warranties that the sewing thread will be free from defects In material and workmanship and will not be damaged by exposure to
sunlight, weather and water. All other warranties disclaimed.
FABRIC
Superior Shade fabrics carry a ten-year limited manufacturer's warranty from the date of delivery against failure from significant
fading', deterioration, breakdown, outdoor heat, cold, or discoloration, Should the fabric need to be replaced under the warranty,
Superior Shade will manufacture and ship a new fabric at no charge for the first six years, thereafter pro -rated at 18% per annum
over the last four years.
'The colors Red and Yellow are warranted against slgnlf/cant fading for only two years,
If the corners of the fabric are equipped with both holes In the fabric corner PLUS reinforcing straps, BOTH the strap and fabric
hole must be placed over each corner hook or the fabric warranty is void.
Fabric curtains, valences or flat vertical panels are not covered under the warranty.
Fabric Is not warranted where it Is Installed on a structure that Is not engineered and built by Superior Shade or Its agents,
This warranty shall be void If damage to or failure to the shade structure Is caused by contact with chemicals, chlorine, bleaching
agents, hydrocarbons or hydrocarbon containing solvents, misuse, vandalism or any act of God, Including but not limited to wind
In excess of the wind limitations set forth below.
All fabric tops are warranted for sustained winds up to 76mph (hurricane force 1) and for gusts of up to 3 seconds duration up to
90mph. Removal of the shade fabric is required If damaging Winds are called for, Damage due to snow and/or ice accumulation is
not covered by this warranty. Canopies should be removed during tiie "off season".
These structures have been designed to eliminate any friction between the rafters and the fabric. Tile warranty will, therefore,
be voided If any modification (temporary or permanent) Is made to the rafter, cross pieces or ridge beams, or If the fastening
apparatus is not secured accordingly,
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I����� PAGE -_OFI ttl
AHARE„
Superior 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. The company 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 It may determine, without
recourse by the owner of the discontinued fabric color.
STEELSTRUCTURE
The structural steel frames are covered for a period of twenty years against failure due to rust -through corrosion under normal
environmental conditions. Workmanship is warranted for a period of five years.
structures are warranted for winds up to g0 mph only If shade canopies have been removed as per requirement set forth above
in the fabric paragraph, Removal and re -installation must be performed by a qualified person or authorized dealer following the
Instructions In APPENDIX A below.
This steel warranty shall be void If damage to the steel frame Is caused by the Installer or from physical damage, damage by salt
spray or sprinkler systems, contact with chemicals, chlorine, pollution, misuse, vandalism, or any act of God:
SUPERDURABLH POWDER COAT VINISH
The limited warranty for powder coating provides for the following after a five year exposure period when applied according to
the recommendations listed on the product's technical data sheet and appropriate surface preparation has been utilized.
• The coatings shall retain their original color with a AE of < 7.5 units for high chroma colors, (Yellows, Reds, Oranges, Etc.) and
a At of < 5.0 units for low chroma colors, when tested In accordance with ASTM D 224
• The coating shall retain a minimum of 50% of Its original gloss level after washing, when tested In accordance with ASTM D
523.
• ' The coating shall exhibit chalking no worse than a numerical rating of 6; when evaluated In accordance.with ASTM D 659-80. .
ACTS OF NATURE
This warranty does not cover natural disasters, such as earthquakes, shifts of terrain, or tornadoes. If the structure Is Installed In an
area exposed to hurricanes, removal of the shade fabric Is required when a hurricane warning is Issued,
Appendix A: Proper Care, Maintenance, and Safe Removal of the Shade Canopy
AVOID
SNOW, ICE, AND HIGH WINDS: Remove tine canopy in winter conditions as Ice -and snow loads are not covered by the warranty,
The same goes for winds In excess of hurricane force 1,
SHARP OBJECTS; Always. avoid dragging the fabric across surfaces, etc. Roll or fold the fabric and carry It. Avold sharp objects,
bolts, snags, and other protrusions Including mounting hardware.
OBSTRUCTIONS; Keep foliage, such as tree limbs, shrubbery, and bushes, trimmed back and away from fabric at least three to
four feet.
SOURCES OF HEAT: Avoid contact with heat sources such as hot lights, torches, and avoid using grills, etc. under the fabric,
CLEANING THE FABRIC
The fabric Itself is generally maintenance -free with the exception of necessary removal due to weather or seasonal requirements. 1
The fabric does not harbor mildew or mold, but residues such as tree sap, leaves, bird droppings, dust and dirt may need to be
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,i
removed. To clean the fabric, use water and mild soap, A soft mop or soft broom may also be used. Cleaners that do not contain
hydrocarbons, solvents, bleach or ammonia may be used. Use of solvents, hydrocarbons, bleach, and ammonia type cleaners will
void the fabric warranty, A pressure washer may be used If necessary using a wide -spray nozzle.
CABLES AND HARDWARE
It Is recommended that the cables be replaced every 3 to 4 years or if corrosion is visible, whichever comes first. The cable ends
must be wrapped with tape to secure anywires; thus, preventing the wires from tearing the fabric. Taping must be done when
removing old cable as well as when Installing new cable, Clamps should be replaced when the cable is replaced. If the cable
appears slack on a still day (no wind), immediately have the cable and clamps re -tightened by a qualified person. The cable should
not be slack,
GLIDE ELBOW
Lubricate Glide Elbows"' annually and before operating. A waterproof grease Is recommended such as a lithium -based grease or
anti -seize thread lubricant,
STORAGE
Fabric must be Stored In a clean, dry place free from snags, sharp edges, etcetera. Tile storage area must be rodent -free. Wrap all
hardware fittings with rags or some other protector, as they can damage the fabric,
UNINSTALLING THE SHADE CANOPY
NECESSARY CARE: It is Important to take necessary care when handling the fabric during removal and Installation to prevent
damage to the fabric as well as SAFE control of the fabric In a breeze or wind. The fabric is tough and engineered for use as a
shade; but it can tear or out when or if pulled over a snag or sharp item; it can puncture from bolts or other protruding objects;
and it can melt from objects such as like cigarettes, matches, hot torch tips, sparks and the [lice. In addition, care must be
exercised to avoid the fabric hooks after the fabric Is unhooked from the elbow corners and sides of the structure where there are
Intermediate supports. It Is best to wrap any connected mounting hardware to prevent it from harming the fabric.
PROPER AND SAFE; Based on the size of the canopy, several persons may be needed to•properly and safely handle the
fabric during the uninstalling process. You will need several commercial ladders or other means to work safely at heights such as
scissor lifts, etc. It Is advised that you pad the post side of the ladder and tie the ladder to the post, The pad Is to protect the post
finish. Also keep In mind that every 100 square feet of fabric (10' X 10') weighs approximately five pounds; a large canopy can get
heavy fast. For proper control of the fabric, react below, It Is best to remove the fabric on a still day. Do not attempt to remove the
canopy in strong or gusty winds,
REMOVAL OF THE CANOPY: Do not attempt to remove the canopy in strong or gusty winds.
STANDARD ELBOWS: For shade structures with Standard Elbows, loosen the turnbuckle several turns In order to put enough slacic
in the cable to allow the fabric and cable to unhook from all the elbow. hooks, Attach 3/8.." or larger ropes to each corner of the
fabric and cable before unhooking to secure and properly control the fabric from ground level. If uninstalling In breezy conditions,
choose the windy side of the fabric and tie these corners to the posts with the ropes with enough slack to allow for unhooking the
fabric from the structure, These ropes are to prevent the shade from flying away in the breeze and to help prevent Injury to ground
personnel. Once the corners have been secured to the posts, unhook the fabric and cables from each corner.
On the side away from the wind, release the corners of the fabric and cable and have a person hold on to each rope. It may help to
wrap the rope around a column to help -hold It from getting caught in the wind, Fold the fabric back away from the hooks. Now It
will be necessary to remove the cable clamps to allow the cable to be free from the structure and the turnbuckle, If the cable ends
are frayed, wrap them with tape. It is usually not necessary nor is It recommended that the cable be removed from the canopy.
With a person on each rope, starting at the windy side, gently pull the canopy down in between the framework of the structure.
Tile side away from the wind can be guided with the ropes toward the persons pulling the canopy down:
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A.
It Is Important when relnstalling the canopy, that It Is put back In Its original orientation to the structure, starting at the turnbuckle
corner, the fabric and cable corners should be returned to their original positions,
GLIDE ELBOWS: For shade structures with Glide Elbows, remove the protective covers from the ends of the glide elbows. Then,
using the proper wrench, turn the hex nuts on the end of the Glide Elbow to run the glide hooks to their top most position. Do no
loosen the cable clamps, leave the cable intact. Attach 3/8" ropes to each corner of the fabric and cable before unhooking to se-
cure and properly control the fabric from ground level. If uninstalling In breezy conditions, choose the windy side of the fabric and
tie these corners to the posts with the ropes with enough slack to allow for unhooking the fabric from the structure, These ropes
are to prevent the shade from flying away In the wind and to help prevent Injury to ground personnel. once the corners have been
secured to the posts, unhook the fabric and cables, on the side away from the wind, release the corners of the fabric and cable
and have a person hold on to each rope. Fold tile fabric back away from the hooks, It Is a good Idea to put the Glide Elbow pro-
tective covers back In place, With Glide Elbow installations It Is not necessary to loosen or remove the cable clamps nor to remove
the cable from the canopy. If the cable ends are frayed, wrap them, with tape.
When uninstalling the canopy, mark or Identify the corner of origin In such a way that when reinstalling the canopy, It Is put back
In Its original orientation to the structure. The fabric and cable corners should be returned to their original positions when reinstall-
ing the canopy. The cable and fabric should tighten properly when the glide elbows are adjusted down Into their tension positions.
SHADE SAILS WITH FANS: For shade salls equipped with fans, loosen the adjustable threaded rod several turns in order to put
enough slack in the cable to allow the shackle pin to be removed (do not remove the pins until the fabric corners have been
secured with ropes). Attach 3/8" or larger ropes to each corner of the fabric and fan before unhooking to secure and properly
control the fabric from ground level. If uninstalling In breezy conditions, choose the windy side of the fabric and tie these corners
to the posts with tile ropes with enough slack to allow for unhooking the shackle from the'structure. These ropes are to prevent •
the shade from flying away in the breeze and to help prevent Injury to ground personnel. Once the corners have been secured to
the posts, unhook the shackles and lower the fabric and cable to the ground.
REINSTALLING HINTS
Using the same rope technique, install from the windy side (If It is breezy) making sure to secure these ropes to the posts. Then,
throw the remaining corner ropes over the structure and gently pull the canopy Into position. The cables and fabric corners can
now be fastened on the hool(s (and cable guides if so equipped). Next reinstall the clamps if applicable and tightened the cable
with the turnbuckle or the Glide Elbows, Do not attempt to Install the canopy In strong or gusty winds.
FXHIMIT
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