HomeMy WebLinkAbout2022-11-22 - AGENDA REPORTS - ICE COVERINGS EVENTS CUBEAgenda Item: 11
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: A,1 A11�44_1)
DATE: November 22, 2022
SUBJECT: PROCUREMENT OF ICE COVERINGS FOR EVENTS HOSTED AT
THE CUBE — ICE AND ENTERTAINMENT CENTER
DEPARTMENT: Economic Development
PRESENTER: Evan Thomason
RECOMMENDED ACTION
City Council:
Approve the "piggyback" purchase and installation of portable ice coverings using
Sourcewell contract #120320-ATH-1 with Becker Arena Products, Inc., in the amount of
$207,314, and authorize a contingency of $20,732, for a total contract amount not to exceed
$228,046.
2. Authorize the City Manager or designee to execute all contracts and associated documents,
subject to City Attorney approval.
BACKGROUND
On August 25, 2020, the Santa Clarita City Council approved the purchase of the Valencia Ice
Station, which was later re -branded as The Cube — Ice and Entertainment Center (The Cube).
When contemplating the purchase of the facility, the City of Santa Clarita (City) looked at
potential property uses and re -visited studies conducted in 2010 and 2013 regarding the potential
market demand for a local conference center. The results of these studies concluded that there is
a need for large business and event spaces in the community.
Currently, the largest square -footage venue for meeting/event space in the Santa Clarita Valley is
at the Hyatt Regency Valencia, with approximately 6,000 square feet. The National Hockey
League -sized arena at The Cube is 17,000 square -feet, with adjacent bleachers that can
accommodate well -over 200 spectators.
Identified as a goal within Santa Clarita 2025, procurement of the recommended ice coverings
will enhance the City's efforts to promote economic vitality and provide additional facility space
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for local and regional events. Ice coverings will enable a variety of programming, events, and
community -related uses that maximize the facility's potential. Examples include, but are not
limited to, business meetings, conferences, trade shows, and non -ice sporting events. This would
enhance the City's tourism goals and contribute multiple benefits to the local economy, including
significant generation of hotel room nights and increased activity to local businesses.
City staff researched a variety of options prior to recommending IceCap Pro Ice Covers by
Becker Arena Products Inc. The professional IceCap Pro product is widely used throughout the
industry, including at Nationwide Arena (Columbia Blue Jackets), XCEL Energy Center
(Minnesota Wild), and the Honda Center (Anaheim Ducks). The product provides a professional
grade "R" rating, which relates to how the insulation reduces cold and is sufficient for uses
anticipated by staff. The thickness and durability of the product provides for longevity and the
ability to support staging and equipment (forklifts/scissor lifts) suitable for a variety of events.
After performing a cost analysis and reviewing commercial list pricing for comparable products
from other sources, it has been determined that the Sourcewell cooperative purchasing contract
with Becker Arena Products, Inc., provides competitive pricing, quality service, and the best
value to the City. Additionally, there are no local vendors that provide this equipment on a
cooperative purchasing contract. This contract was competitively solicited through a nationwide
bid process and is valid through 2025.
ALTERNATIVE ACTION
Other action as determined by City Council.
FISCAL IMPACT
This request will not impact the General Fund. Adequate funding was appropriated as part of the
Fiscal Year 2022-23 Annual Budget process from the Tourism Marketing District Fund 360 to
Expenditure Account 1205120-520106 to provide funding for the procurement of ice coverings.
ATTACHMENTS
Santa Clarita CA Ice Deck Quotation
IceCap Pro Material Specifications
Photo Examples of Event Potential
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Becker
ARENA PRODUCTS
Reliability by design
Date: September 27, 2022
Proposal Expiration Date: October 28, 2022
Your Sales Consultant: Chad Minichillo
Quotation #: Santa Clarita Ice Cover
Prepared For:
Mr. Christopher Page
City of Santa Clarita
23920 Valencia Boulevard
Santa Clarita, CA 91355
Project Location:
City of Santa Clarita
23920 Valencia Boulevard
Santa Clarita, CA 91355
Quote -
720Innovation Drive
Shakopee, Minnesota, USA 55379
Tel:952-890-2690
beckerarena.com
Thank you for considering Becker Arena Products, Inc., we appreciate the opportunity...
Benefits of Choosing to Partner with Becker Arena Products
• A stable and reliable company since 1988
• A staff with in-depth knowledge of the industry and products
• Quality products that last
• Experienced and professional installers
• Excellent customer service
• Worry Free Projects - Guaranteed
This product offering is available through the Sourcewell Cooperative Purchasing Program at
discounted pricing. BECKER ARENA PRODUCTS, INC — VENDOR CONTRACT # 120320 ATH
Material Price Escalation & De -Escalation Clause
In the event that the price of any of the material(s) used in the Becker Arena Products, Inc.
production of the above product increase or decrease by 3% or greater from the price used for
that material(s) at the time the quote was signed, then the price for the material(s) in the
contract between Becker Arena Products, Inc. and the purchaser shall be increased or decreased
to reflect the additional or reduced cost to obtain that material or materials. Purchaser agrees
that Becker Arena Products, Inc. shall be entitled to an adjustment to the contract price to
reflect and price increases of material(s) that occur as a result of Becker Arena Products, Inc.
incurring additional costs when ordering materials.
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Per your recent request, below please find pricing for the following.
OPTION #1 - 1" ICECAPTM PRO ICE COVER - Becker Arena Products will supply only 529 sheets of
the 1" thick IceCapT1 insulated ice cover system to cover 17,000 square feet. 1" thick x 4' x 8'
panels. 525 panels furnished in a waffle design & 4 panels furnished in solid design for in front
of the equipment gate.
Current lead time on IceCap is approximately 12-14 weeks after receipt of the order.
TOTAL PRICE DELIVERED
Includes 9.5% Sales Tax
$ 168,002.57
Accept
OPTION #2 — SUPERVISION OF THE INSTALLATION — Becker Arena Products, Inc. will furnish a
supervisor for the initial cutting and installation of the ice floor cover. The owner to furnish a
complete crew for the installation of all materials (A crew of three with basic carpentry skills
and a table saw). The supervisor is provided for 10 hours over a two-day period. Price includes
supervision labor (Non -union / Non -Prevailing wage rate).
TOTAL PRICE SUPERVISION LABOR
Includes 9.5% Sales Tax
$6,022.50
Accept
OPTION #3 — ARENA DECK STORAGE CARTS — Becker Arena Products, Inc. will supply only 11
ice cover system (stackable) storage carts 54" x 104" OD. Each cart to store 50-sheets of 1"
thick IceCapT1 panels. *Storage Carts are not included in Sourcewell Contract*
TOTAL PRICE DELIVERED $ 33,288.00
Includes 9.5% Sales Tax
Accept
Taxes are the responsibility of the purchaser. Prices do not include special insurance
requirements, bonding, or applicable permits and/or license fees. If sales tax is applicable it
will be added to the proposal totals and noted on a Contract Summary Sheet that will be sent
back with your executed contract.
All payment terms are based on credit approval.
Our Standard Payment terms are:
50% due upon placement of order ($ )
50% due N/30 days after delivery ($ )
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We are looking forward to the opportunity of working with you on your project and if we can
be of further assistance please do not hesitate to call.
This proposal is subject to Becker Arena Products, Inc. Standard Terms and Conditions and
Limited Warranty and may be withdrawn without penalty at any time before contract
execution. If accepted, please sign and return this copy to Becker Arena Products. When
approved and signed by one of our officers a fully executed copy will be forwarded for your
records. This proposal is subject to change, withdrawal or cancellation until accepted by you. If
Becker Arena Products, Inc. have not received your acceptance within 60 days from the date
hereof, this proposal shall automatically expire. Becker Arena Products, Inc. retains a security
interest in all products covered in this agreement until all payment terms have been met. In
addition, the purchaser agrees to sign any additional documents for Becker Arena Products, Inc
to perfect its security interest in the products.
Proposal/Contract #Santa Clarita Ice Cover is accepted with initialed options:
Purchaser Signature
Manager
Title
Print Name
Date
Becker Arena Products, Inc.
General
Title
Jeff Brosz
9111050F. it
Date
BECKER ARENA PRODUCTS INC. STANDARD TERMS AND CONDITIONS OF SALE - EFFECTIVE JANUARY 2021
1. Definitions. In theseterms-"Seller" means the seller of the Goods as defined herein; "Buyer" means the entity purchasingthe Goods, including
any successors thereof; "Goods" means the goods, products and materials manufactured, imported, supplied and/or delivered for or by Seller to
Buyer, as such were approved by Seller in reply to Buyer's order and accordingly listed in the Approval of Order; "Approval of Order", in respect
of any Buyer's order, means the instrument issued by Seller, bearing the same reference number of such order and
specifying, among any other terms, the items of Goods, including their respective price and quantity, which shall be supplied to Buyer upon such
order; "Contract" means the contract for the supply of Goods which have been ordered by Buyer and specified in Seller's Approval of Order,
which contract is concluded based on these Terms and Conditions of Sale unless otherwise specified in the Approval of Order.
2. Payment. Payment for Goods shall be due on or prior to the delivery date of Goods and no discount may be taken. Payments received after
the due date thereof shall bear a service charge from their due date, at the maximum lawful interest rate applicable, and if none — at the annual
rate of 5% above the base rate from time to time of the central bank of the place of Buyer's incorporation. All payments shall be made to Seller's
designated bank account in the same currency and for the same amounts as specified in the Approval of Order.
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3. Prices, Duties and Taxes. Prices specified in the Approval of Order are net, excluding packaging, and shall be deemed Ex -works (Incoterms 2000
as amended). Prices are based, inter alia, on production costs for supplies, labor, deliveries, duties, and services current on the order date. In the
event of material increase in any such costs, Seller reserves the right either to adjust the prices for Goods accordingly, or to cancel any certain
part of the sales relating to undelivered Goods. Duties, taxes, fees, levies and other compulsory payments applicable to the sale of Goods any
time, as well as freight, express, insurance and delivery charges, shall all be borne and paid in full by Buyer, unless otherwise expressly stipulated.
4. Delivery. Delivery dates noted on the Approval of Order are estimates only, and are not guaranteed, and are all subject to adjustment as
determined by the Seller acting reasonably. The acceptance of shipment by a common carrier or by any licensed public truckman shall constitute
proper delivery. Risk associated with the Goods shall pass to Buyer on delivery or with the passing of title in the Goods, whichever occurs first;
provided however, that where delivery is delayed due to circumstances caused by or within the responsibility of Buyer, risk of loss shall pass to
Buyer upon Seller's notification that Goods are ready for dispatch.
S. Retention of Title. Title shall pass to Buyer only upon full payment by Buyer for the Goods and following payment of any other outstanding
debt by Buyer to Seller. Buyer shall, at Seller's request, take any measures necessary under applicable law to protect Seller's title in the Goods,
and lawfully notify Buyer's present or potential creditors of Seller's title on and interest in the Goods. Buyer acknowledges that so long as title
has not been transferred in the Goods, it holds the Goods as bailee and fiduciary agent for the Seller and shall safely and securely store and keep
the Goods separate and in good condition, clearly showing the Seller's ownership ofthe Goods and shall respectively record the Seller's ownership
of the Goods in its books. Notwithstanding the above, Buyer may use Goods for its own use, or sell Goods, as fiduciary agent for the Seller, to a
third party in the normal course of business by bona fide sale at market value, whereby proceeds of such usage or sale of Goods, as the case may
be, shall, to the extent of the amount being owed by Buyer to Seller at the time of receipt of such proceeds, be held by Buyer on trust for Seller
and specifically ascertained, until payment in full for all payable debts by Buyer to Seller.
6. Warranty.
a) If applicable, Seller warrants that Goods as set out in the warranty applicable thereto given by Seller to Buyer, subject always to the terms and
conditions thereof, and subject to use, storage and application thereof in accordance with and based on Seller's standard tolerances, instructions
of use and recommendations. b) Unless otherwise restricted by mandatory applicable law, THE WARRANTY SET FORTH HEREIN IS EXPRESSLY IN
LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF
MERCHANTABILITY, QUALITY AND FITNESS FOR USE AND FOR PURPOSE, ANY ADVICE AND RECOMMENDATION AND ANY OBLIGATIONS OR
LIABILITIES WHICH MAY BE IMPUTED TO SELLER, ANY AND ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED, DENIED AND EXCLUDED. BUYER
EXPRESSLY AGREES THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS AGREEMENT WILL BE CLAIMED OR OTHERWISE ADHERED
TO BY BUYER AND/OR BY ANYONE ACTING ON BUYER'S BEHALF AND/OR BY ANYONE DERIVING THE LEGALITY OF ITS
CLAIM FROM BUYER, NOR THAT WILL ANY SUCH WARRANTY BE VALID. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO
ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, USE OR HANDLING OF ANY AND ALL GOODS SPECIFIED OR
CONTEMPLATED BY THIS CONTRACT. NO WARRANTY IS MADE WITH RESPECT TO ANY OF THESE GOODS WHICH HAVE BEEN SUBJECT TO
ACCIDENT, NEGLIGENCE, ALTERATION, IMPROPER CARE, IMPROPER STORAGE, IMPROPER MAINTENANCE, ABUSE OR MISUSE.
7. Claims and Liability.
a) Unless Seller shall within 30 days after delivery of the Goods, receive from Buyer written notice of any matter or thing by reason whereof it is
alleged that Goods are not in accordance with the Contract, Goods delivered shall be deemed to have been supplied, delivered and accepted in
all respects in full conformity with the Contract and Buyer shall be entitled neither to reject the same nor to raise any claim for damages or for
other remedy in respect of any alleged negligence and/or breach of warranty and/or any condition. b) In any claim, brought subject to the
conditions above, Buyer must prove to the satisfaction of Seller that it followed Seller's instructions for use, care, storage, maintenance, handling
and application of the Goods. c) Unless otherwise specifically restricted by mandatory applicable law, Seller's liability under any claim and in
connection with any possible allegation, whether based on negligence, contract, or any other cause of action, shall, if the Seller shall be liable
hereunder, be limited to either (i) the replacement of the Goods or the supply of equivalent goods; (ii) the repair, or payment of the cost of repair,
of the Goods; or (iii) credit in an amount equal to the purchase price specified in Seller's pertinent invoice, or in an amount of equivalent goods,
all at Seller's sole option. Buyer acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be
otherwise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether directly or indirectly, arising
from the purchase and/or the use of Goods, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss
of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non -pecuniary, and it is acknowledged and
agreed by Buyer that in no circumstances shall Seller be liable for any such damages. Should any limitation on Seller's liability hereunder be held
ineffective under applicable law, than Seller's liability shall in any event be limited to the
minimum amount of damages to which Seller may limit its liability, where such is greater than the purchase price as specified in Seller's pertinent
invoice. Additionally, any action against Seller must be commenced within one year after the cause of action accrues. d) Buyer, for himself and
for any other party which may claim either under or through Buyer, or independently of Buyer, including Buyer's employees, directors, officers,
representatives and personnel, shall indemnify and hold Seller harmless, from and against any claim or liability for damages in any way relating
to the supply or use of the Goods, including claims for negligence and including but not limited to, any claim in connection with the design,
manufacture, use, care, storage, delivery, application or maintenance of any Goods sold hereunder, whether alleged to have been committed by
Seller or by any other person whatsoever. Buyer's undertaking as specified in this subsection shall extend and inure to the benefit of Seller and
of Seller's successors at any time, as well as to Seller's personnel, representatives, managers, directors and officers. Nothing contained herein
shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for
death, personal injury and fraudulent misrepresentations. e) Any and all warranties, undertakings, guarantees, or assurances provided herein by
Seller, are specifically limited to Buyer herein, and not imputed by Seller, whether directly or indirectly, expressly or impliedly, to any other person
or entity, including any subsequent buyer or user, bailee, licensee, assignee, employee and agent of Buyer.
8. Default. Upon failure of Buyer to pay any amounts due to Seller, or in the event of any breach or anticipated breach by Buyer of any Contract
with Seller, or if Buyer shall either (i) become insolvent, (ii) call a meeting of its creditors, or (iii) make any assignment for the benefit of creditors,
or if (iv) a bankruptcy, insolvency, reorganization, receivership or reorganization proceeding shall be commenced by or against Buyer, then, in
each such occasion, Seller may, at its sole discretion, opt to (1) cancel this and any other Contract with Buyer (without waiving any of
Seller's rights to pursue any remedy against Buyer); (2) claim return of any Goods in the possession of Buyer, the title of which has not passed to
Buyer, and enter Buyer's premises (or the premises of any associated company or agent where such Goods are located), without liability for
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trespass or any alleged damage, to retake possession of such Goods; (3) defer any shipment hereunder; (4) declare forthwith due and payable all
outstanding bills of Buyer under this or any Contract; and/or (5) sell all or part of the undelivered Goods, without notice at public and/or on
private sale, while Buyer shall be responsible for all costs and expenses of such sale and be liable to Seller for any shortfall in the discharge of the
amounts due to Seller.
9. Independent Delivery. Each delivery of Goods shall (without prejudice to Seller's rights under clause 8
hereinabove) be considered a separate contract and the failure of any delivery shall not vitiate any contract as to deliveries of other Goods and
payment therefor.
10. Cancellation. Orders manufactured in whole or in part, pursuant to Buyer's specifications, may not be cancelled except with Seller's prior
written consent, on terms which will compensate Seller for any resulting losses.
11. No -Assignment. No rights or obligations of Buyer arising out of this Contract may be assigned without the express prior written consent of
Seller.
12. Force Majeure. Should Seller be prevented from effecting deliveries of the Goods or any of them by reason of either an act of god, insurrection,
riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or
combinations or lock -out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, material or
services through Seller's usual and regular sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond
the absolute control of the Seller, then, in each such cases, the obligation of the Seller to effect deliveries hereunder shall be suspended until
after such prevention shall cease to continue. Should any deliveries under this Contract be suspended under this clause for more than 90 days —
either party may withdraw from this Contract and be relieved from any liability; provided however, that Buyer shall nevertheless accept delivery
and pay for such Goods once the Seller is able to deliver in accordance with the period(s) of shipment named in this Contract. Seller shall not be
liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned hereinabove.
13. Advice. Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistance or
service provided by Seller in relation to the Goods or in respect of their use or application is given in good faith, shall be deemed accepted by
Buyer without imputation of any liability to Seller, and it shall be the responsibility of Buyer to confirm the accuracy and reliability of the same in
light of the use of which Buyer makes or intends to make of the Goods.
14. Entire Agreement. This Contract merges the entire terms and conditions for sale of the Goods. In the event of any conflict between the terms
herein and any provisions included in the Approval of Order, the latter shall govern and prevail. Subject to the foregoing, nothing specified in, or
referred to by, any other document, record or instrument whatsoever, which relates to and/or which otherwise subsists in connection with the
sale of Goods herein, whether expressly or impliedly, including any written order, request or other standard or specific terms of any entity, shall
or may be interpreted to attribute to Seller and/or to Seller's affiliates or representatives (i) any liability, obligation, commitment and/or
undertaking, and/or (ii) any waiver in connection with or of any right, whether contractual, proprietary, in -person am and/or equitable, including
but not limited to, any and all intellectual property rights in connection with the Goods, which are and shall always remain in the Seller's exclusive
and complete ownership under all circumstances whatsoever, notwithstanding any sale of Goods hereunder and
whether the Goods shall be standard Goods or manufactured to a specific order. No modification or waiver of any provision hereof shall become
valid and effective except upon a written instrument duly signed beforehand by Seller. No waiver by either party of any default of the other party
shall be deemed a waiver of any subsequent or other default. If any provision of this Contract becomes or is declared by a court of competent
jurisdiction to be illegal, unenforceable, or void, the balance of this Contract shall continue in full force and effect without the
provision.
15. Law and Arbitration. This Contract shall be governed by and construed in accordance with the laws of the state of Seller's incorporation. Any
dispute arising out of or in connection with this Contract shall, if so determined by the Seller, be finally settled by arbitration in accordance with
the Rules of Conciliation and Arbitration of the International Chamber of Commerce ("ICC"), as shall be in effect from time to time, and if so
determined, the balance of this Section shall apply. The arbitration shall be held at such location in the state of Seller's incorporation as shall be
determined by Seller, in its sole discretion. The arbitrator shall be mutually appointed by Seller and Buyer within 21(twenty-one) days following
a written demand for arbitration by either of the parties. Failing to reach an agreement regarding the nomination of an arbitrator, the head of
the relevant ICC national committee (located in the Seller's country of incorporation; and absent such local committee in that specific country —
the ICC UK Committee (www.iccuk.net)) shall appoint an arbitrator at the request of any of the parties, a copy of which request
for the appointment of an arbitrator shall be provided by the requesting party to the other party. Awards may be enforced in accordance with
the 1958 New York Convention and judgment may be entered upon any award in any court having jurisdiction overthe parties and/or their assets.
The arbitrator's fees shall be paid by both parties in equal parts unless otherwise determined by the arbitrator. This provision shall survive any
termination of any of the terms and conditions herein and shall be deemed to constitute an independent arbitration agreement between Buyer
and Seller for all purposes and intents.
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SYNTHETI CS, LTD.
ISO 9001:2008 Registered
Specifications and Physical Properties of Ice Floor Covering System
The proposed ice cover shall be IceCap® Pro as manufactured by SpaceAge Synthetics, Ltd.
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The ice cover will have the following
physical properties and characteristics:
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Color:
Charcoal Grey
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Texture:
Top: Elephant Skin Textured Finish
Bottom: Reinforced Open Waffle Pattern
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Material:
24 Ib/ft3 nominal density fiber -reinforced polyurethane
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Thickness:
1" nominal
N
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Sheet Size:
48" wide x 96" long (other sizes available)
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Sheet Weight:
53 lbs. nominal (1.66 lbs. per square foot)
c
R-Value (ASTM C518):
2.44
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m
Compression per ASTM D1621:
Modulus — 22300 psi Strength@10% strain- 1100 psi
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Tensile per ASTM D638:
Modulus — 20100 psi Strength — 1700 psi
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Flexural per ASTM C790:
Modulus- 141400 psi Strength - 3405 psi
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Coefficient of Thermal Expansion per ASTM D696: 2.3x10.5 in/in/degF
m
Coefficient of Friction ASTMD1894
Static Kinetic
Dry 1.072 0.984
Wet 1.323 1.232
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Fire -Testing
U L94
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Euroclass - EN 13501-1 :
C-sl Classification
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Warranty: 5-year Limited
SpaceAge Synthetics, Ltd.
1402 391' Street NW
Fargo, North Dakota 58102 USA
Tel: 701.277.5631
Fax: 701.277.5689
www.spaccagesynthetics.com
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