Attachment B
Purchase Agreement with FieldTurf USA, Inc.
PROFESSIONAL SALES AND SERVICE, LLC
PURCHASE AGREEMENT WITH FIELDTURF USA, INC. FOR BONITA CREEK PARK ATHLETIC FIELD TURF REPLACEMENT MATERIALS This Purchase Agreement (Agreement) is entered into as of this 22nd day of September, 2026 (Effective Date), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city (City), and FIELDTURF USA, INC., a -De-Liesse, Suite 200, Montreal QC, Quebec H4T 1G2. RECITALS A. City is a municipal corporation duly organized and validly existing under the lawsof the State of California with the power to carry on its business as it is now beingconducted under the statutes of the State of California and the Charter of City.B. City requires to purchase materials for the Bonita Creek Park Athletic Field TurfReplacement project incorporated herein by this reference.C. Vendor has carefully reviewed and evaluated the specifications set forth by theCity for the Equipment and has committed to deliver the Equipment required forthe price specified after execution of this Agreement.D. City has solicited and received a proposal from Vendor, has evaluated theexpertise of Vendor, and desires to submit an order for the Equipment under theterms and conditions set forth in this Agreement.E. Pursuant to a competitive bidding process, Vendor was awarded an agreement bySourcewell, a State of Minnesota local government unit and service cooperative,Contract No. 031622-FTU to which the City now desiresto piggyback for purposes of procurement.F. City intends to contract with a prime contractor to perform the installation of theEquipment. City will provide Vendor a requested delivery date, which is expectedto be between the beginning of December 2026 and end of January 2027. Vendorhas agreed to deliver the Equipment within the timeframe and to the location to bedesignated by the City, upon reasonable advance notice providing sufficient timefor delivery.NOW, THEREFORE, in consideration of the mutual representations, warrantiesand covenants, and other terms and conditions as set forth herein, Vendor and City (each Fieldturf USA, Inc. Page 2
1. TERMThe Term of this Agreement shall commence on the Effective Date and shall terminate on December 31, 2027, unless terminated earlier as set forth herein. 2. COMPENSATION 2.1 City shall pay the purchase price as more fully described in the Pricing Proposal attached hereto as Exhibit A and incorporated herein by reference. Payment shall be paid in two separate installments. The first payment shall be fifty percent (50%) of the overall compensation amount and shall be made upon the full execution of the Agreement. The second payment shall be the remaining fifty percent (50%) of the overall compensation amount and shall be made upon delivery and acceptance of the Equipment to destination indicated by City. The purchase price for Equipment, including all sales taxes, shall not exceed One Million One Hundred Seventy Seven Thousand Two Hundred Fifty Five Dollars and 72/100 ($1,177,255.72) Total Compensation 3. CHANGE ORDERS RESERVED. 4. ADMINISTRATION This Agreement will be administered by the City Public Works Department. The Director of Public Works, or designee, shall be the Purchase Administrator and shall have the authority to act for City under this Agreement. The Purchase Administrator or designee shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 5. DELIVERY AND ACCEPTANCE 5.1 Vendor shall deliver the Equipment to the City on the terms and conditions as provided in Exhibit A after execution of this Agreement and receipt of the order. All deliveries shall be completed in a timely manner and on the schedule provided by the Purchase Administrator at the time and place specified by the City. 5.2 Delivery of the Equipment and Vendor shall bear all risk of loss and insurance. Over shipments and under shipments shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all Equipment have been physically received by the City. City shall have a reasonable time after delivery to inspect the Equipment prior to acceptance. Acceptance of Equipment shall be in writing by City. 5.3 Vendor shall submit all requests for extensions of time for delivery in writing to the City Purchase Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Purchase Administrator shall review all such requests and may, at his/her sole discretion, grant reasonable time extensions for unforeseeable delays that are beyond Vendors control. Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of Fieldturf USA, Inc. Page 3
this order/contract, and merely an approximation based on current information. Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible. 5.4 Force Majeure. The time period(s) specified in this Section for the provision of Equipment rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Vendor, including but not restricted to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Vendor shall within ten (10) days of the commencement of such delay notify City in writing of the cause of the delay. City shall ascertain the facts and extent of delay, and extend the time for performing the services for the period of the enforced delay when anand conclusive upon the parties to this Agreement. In no event shall Vendor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Vendor 5.5 Notwithstanding Section 5.4, the Parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Vendor fail to complete the delivery as called for in this Agreement. Should Vendor fail to complete the delivery as called for in this Agreement, Vendor agrees to the deduction of liquidated damages in the sum of One Hundred Dollars and 00/100 ($100.00) per day, for every day beyond the date scheduled for delivery provided in Section 5.1. Execution of this Agreement shall constitute agreement by the City and Vendor that the sum of Two Hundred Fifty Dollars and 00/100 ($250.00) per day, is the minimum value of costs and actual damages caused by the failure of Vendor to deliver the Equipment within the allotted time. All liquidated damages shall be paid within ten (10) calendar days of Citys written request for payment. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Vendor, or recovered from Vendor, as applicable, if such delay occurs. 6. ACCEPTANCE/ PAYMENT Unless otherwise agreed to in writing by City, acceptance of the Equipment shall not be deemed complete unless in writing and until all of the Equipment, including each part thereof, has actually been received, inspected and tested to the satisfaction of City. 7. NOTICES 7.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided.
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7.2 All notices, demands, requests or approvals from Vendor to City shall be addressed to City at: Attn: Director of Public Works Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 7.3 All notices, demands, requests or approvals from City to Vendor shall be addressed to Vendor at: Attn: Eddy Schmitt Fieldturf USA, Inc. 175 N. Industrial Blvd NE Calhoun, GA 30701 8. TAXES The Total Compensation includes any and all applicable taxes and fees, including federal, state and/or local sales or use taxes. Vendor agrees, and is solely responsible for, the proper submission of any and all applicable federal, state and/or local taxes and fees to the appropriate taxing entity. 9. ENTIRE AGREEMENT This Agreement contains the entire Agreement between the Parties with respect to all matters herein, and there are no restrictions, promises, warranties, or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental agreements by any City employee or agent, shall not be valid or binding on City unless accepted in writing by the Purchase Administrator. The terms of this Agreement shall supersede any inconsistencies between this Agreement and the Exhibits hereto. 10. WARRANTY 10.1 Vendor expressly warrants that the Equipment covered by this Agreement is: 1) free of liens or encumbrances; 2) of merchantable quality and good for the ordinary purposes for which it is used; and 3) fit for the particular purpose for which it is intended. Acceptance of this Agreement shall constitute an agreement upon Vs part to indemnify, defend and hold City and its indemnities as identified in Section 15 below, and as more fully described in Section 15, harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the Equipment to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
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10.2 Vwarranties, certifications, and exclusions arespecified in Exhibit B, attached hereto and incorporated by this reference. The Warranty Period shall commence on the date the Equipment is accepted by the City. All warranty repair work shall be conducted by a Vendor-certified dealer/agent in the Southern California region. 10.3 In the event that Vendor designates a different certified dealer/agent for the Southern California region, Vendor shall provide City with written notice of such change within ten (10) days of the change. 11. ASSIGNMENT OR SUBCONTRACTING The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Agreement nor any portion thereof may be assigned or subcontracted by Vendor without the express written consent of City. Any attempt by Vendor to assign or subcontract the performance or any portion thereof of this Agreement without the express written consent of City shall be invalid and shall constitute a breach of this Agreement. 12. TERMINATION 12.1 In the event that either Party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that Party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days after receipt of written notice of default specifying the nature of such default and the steps necessary to cure such default, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting Party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, or thereafter fails to diligently take steps to cure the default, the non-defaulting Party may terminate the Agreement forthwith by giving to the defaulting Party written notice thereof. City shall be refunded all money for Equipment not delivered and accepted by City at time of termination within thirty (30) calendar days. Cause for default shall further be defined as any breach of this Agreement, any misrepresentation or fraud on the part of the Vendor and/or filing of any petition in U.S. Bankruptcy Court or entering of Bankruptcy by Vendor. 12.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Vendor. In the event of termination under this Section, City shall pay Vendor for services satisfactorily performed and costs incurred up to the effective date of termination for which Vendor has not been previously paid. City shall be refunded all money for Equipment not delivered and accepted by City at time of termination within thirty (30) calendar days. On the effective date of termination, Vendor shall deliver to City all equipment, reports, documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.
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13. CONSENT TO BREACH NOT WAIVERNo term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented to such breach. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 14. REMEDIES NOT EXCLUSIVE The remedies for breach set forth in this Agreement are cumulative as to one (1) another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not preclude resort by either Party to any other remedies provided by law. 15. INDEMNIFICATION 15.1 To the fullest extent permitted by law, Vendor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, s) of every kind and nature whatsoever (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services or equipment provided under this Agreement including, without limitation, defects in workmanship or materials (including the negligent and/or willful acts, errors and/or omissions of Vendor, its principals, officers, agents, employees, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 15.2 Notwithstanding any other provision of this Agreement to the contrary, Vendor shall not be required to indemnify the Indemnified Parties from any and all Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneaction on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Vendor. 16. CHARGES AND LIENS Vendor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Vendor shall not permit any lien or charge to attach to the Equipment, but if any does so attach, Vendor shall promptly procure its release and, in accordance with the requirements of Section 15 above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.
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17. INSURANCEVendor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, which shall be valid until delivery and acceptance of the Equipment as set forth in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Sourcewell Agreement, which is incorporated herein by this reference. As required by the Sourcewell Agreement, the City shall be named as an additional insured general liability insurance policy, and all policies shall include waiver of subrogation against the City. Vendor shall provide City with proof of insurance in a form acceptable to City, and additionally, if a Claim arises, complete copies of policies including all endorsements, exclusions, amendments and other policy documents. All policies shall meet the minimum requirements of California state law. 18. CHANGE OF OWNERSHIP Vendor agrees that if there is a change or transfer in ownership of Vbusiness prior to completion of this Agreement, the new owners shall be required under terms of sale or other transfer to assume Vendorthis Agreement and complete them to the satisfaction of City. 19. CONFIDENTIALITY Vendor agrees to maintain the confidentiality of all City and City-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Agreement. All such records and information shall be considered confidential and kept confidential by Vendor and V staff, agents, employees and subcontractors. 20. FREIGHT (F.O.B. DESTINATION) The Total Compensation includes shipment and delivery of Equipment to designated City location. Vendor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Agreement. 21. TERMS AND CONDITIONS Vendor acknowledges that it has read and agrees to all terms and conditions included in this Agreement. 22. SIGNATORIES AUTHORITY Each person executing this Agreement expressly warrants that he or she is authorized to do so on behalf of the entity for which he or she is executing this Agreement. The City and Vendor represent and warrant that this Agreement is executed voluntarily, with full knowledge of its significance.
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23. STANDARD PROVISIONS23.1 Recitals. City and Vendor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 23.2 Compliance with all Laws. Vendor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Vendor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 23.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 23.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and Agreements of whatsoever kind or nature are merged herein. No verbal contract or implied covenant shall be held to vary the provisions herein. 23.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 23.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Vendor and City and approved as to form by the City Attorney. 23.7 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. The California Commercial Code shall be the controlling law for the terms of this Agreement. 23.8 Equal Opportunity Employment. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 23.9 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 23.10 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
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23.11 No AttorneysFees. In the event of any dispute or legal action arising under this Agreement, the prevailing Party shall not be entitled to attorneys fees. 23.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] Fieldturf USA, Inc. Page 10
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date:__________________ By:_____________________________ Date:____________________ By:_____________________________ Aaron C. Harp City Attorney Lauren Kleiman Mayor ATTEST: Date:_________________ VENDOR: FIELDTURF USA, INC., a Florida Corporation By:______________________________ Date:_____________________ By:______________________________ Lena Shumway City Clerk Eddy Schmitt Chief Executive Officer Date:____________________ By:_____________________________ Darren Gill Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit A Pricing Proposal Exhibit B Manufacturer Warranties Fieldturf USA, Inc. Page A-1
EXHIBIT A PRICING PROPOSAL
PRICINGPROPOSALCA LICENSE # 849044, DIR LICENSE #1000004625CITY OF NEWPORT BEACHAugust 25, 2026FieldTurf USA, Inc. is pleased to present the following proposal. FieldTurf pricing is based on the Sourcewell contract (formerly NJPA). Sourcewell provides predetermined preferential pricing through approved vendors. Since the products have already been bid at the national level, individual municipalities do not have to duplicate the bidding process per Sourcewell Contract # 031622-FTU. Click on the following Sourcewell hyperlink for contract due diligence documentation: Sourcewell Bonita Creek Sports Park Quantity Units Unit Price TotalVertex Core 2" 157,927 SF $3.43 $542,407.86Triple Threat Speed with PureSelect Infill 11,815 SF $4.11 $48,608.14Brock PBYSRXD with Mirafi 140N Liner 169,742 SF $2.21 $374,780.75CoolPlay Infill 157,927 SF $0.89 $140,632.89EasyChange Home Plate 1 EA $5,670.00 $5,670.00EasyChange Home Plate Replacement 1 EA $1,888.31 $1,888.31Inlaid Flag Football Markings (In Soccer Field) 1 LS $9,068.01 DONATEDInlaid Soccer Markings 1 LS $9,618.75 DONATEDInlaid Mini Soccer Markings (In Softball Outfield) 1 LS $9,618.75 DONATEDInlaid Mini Soccer Corner Markings (In Soccer field) 1 LS $14,418.15 DONATEDInlaid Softball Markings 1LS $9,068.01DONATEDVertex Core: A 10-year 3rd party pre-paid insured warranty on the Vertex Core artificial grass surface1 EA INCLUDED INCLUDEDTriple Threat Speed: An 8-year 3rd party pre-paid insured warranty on the FieldTurf artificial grass surface, apart from the base areas and slide zones, which will carry a 2-year manufacturer’s warranty. Furthermore, the following designated high traffic areas are excluded from the warranty: home plate, pitcher’s mound, pitcher’s lane, catcher’s box, batting cage and bullpen area.1 EA INCLUDED INCLUDEDBrock PBYSRXD Pad: a 25-year manufacturer warranty 1 EA INCLUDED INCLUDEDTaxes1 LS$63,267.77$63,267.77TOTAL: Bonita Creek Sports Park $1,177,255.72
PRICINGPROPOSALCA LICENSE # 849044, DIR LICENSE #1000004625PRODUCT DETAILSFieldTurf, the worldwide leader in artificial turf, is pleased to offer the products listed below with the following characteristics:VERTEX CORE 2” - COOLPLAY Pile Height: 2 Inches
Infill Weight: 3.65lbs sand, 2.0lbs cryogenic rubber, & 0.6lbs CoolPlay per sq. ft.
Pile Weight: 36 oz/yd2
Total System Weight: 958 oz/yd2TRIPLE THREAT FAST CLAY (VINTAGE 40) - PURESELECT Pile Height: 1.6 Inches
Infill Weight: 3.5lbs angular sand & 1.5lbs PureSelect Olive per sq. ft.
Pile Weight: 50 oz/yd2
Total System Weight: 797 oz/yd2FieldTurf has taken the necessary steps to ensure that your project will run smoothly and that the quality promised will be the quality delivered.PRICE INCLUDES:a)The supply of artificial turf systemb)The supply of Brock PBYSRXD pad and Mirafi 140N linerc)The supply of EasyChange Home Plate systems. Includes turf material for: Initial set up pieces and 3 replacement sets of the framed areas for Home Plate Batter’s boxes. Does not include catcher’s boxd)Inlay material for Flag Football markingse)Inlay material for Soccer markingsf)Inlay material for Mini Soccer markingsg)Inlay material for Softball markingsh)The supply of 3 replacements sets of material for the pitcher’s mound.i)All colors to be selected from FieldTurf Standard Colorsj)Vertex CORE: A 10-year 3rd party pre-paid insured warranty on the FieldTurf artificial grass surfacek)TripleThreat Speed: An 8-year 3rdparty pre-paid insured warranty on the FieldTurf artificial grass surface, apart from the base areas and slide zones, which will carry a 2-year manufacturer’s warranty. Furthermore, the following designated high traffic areas are excluded from the warranty: home plate, pitcher’s mound, pitcher’s lane, catcher’s box, batting cage and bullpen area. l)Brock PBYSRXD Pad: a 25-year manufacturer warranty PRICINGPROPOSALCA LICENSE # 849044, DIR LICENSE #1000004625m)Prevailing wagesn)TaxesPRICE DOES NOT INCLUDE:a)Installation of artificial turf systemb)Installation of Brock PBYSRXD pad and Mirafi 140N linerc)Installation and setup of the EasyChange Home Plate systems. d)The base upon which the FieldTurf artificial turf surface will be placed. FieldTurf shall not be responsible for the planarity, stability, porosity, nor the approval of the base upon which the FieldTurf surface will be installed, the drainage system, nor any construction or modification of existing installations around the fields.e)Labor costs for replacement of pitching mound.f)Any costs associated with necessary changes relating to delineation of the field.g)The supply or installation of the field edging and perimeter nailer board. h)Unless otherwise specified, the price does not include any G-max testing.i)The supply of or adjustment to manholes or clean-outs, grates and supply of the manhole covers. j)Any alteration or deviation from specifications involving extra costs, which alteration or deviation will be provided only upon executed change orders and will become an extra charge over and above the offered price.k)Site security.l)Repair or resurfacing existing asphalt parking lot if damaged by truck traffic. m)Site restoration, sodding, landscaping or grow-in. n)Permit fees, Inspection fees. o)Maintenance equipment.p)A vehicle to tow FieldTurf maintenance equipment. q)Performance & Payment Bondsr)Newly imposed tariffss)Anything not explicitly noted in the inclusions.
PRICINGPROPOSALCA LICENSE # 849044, DIR LICENSE #1000004625The pricing set forth in this proposal is based on applicable tariffs, duties, and taxes in effect as of the proposal date. FieldTurf USA, Inc. will promptly notify Customer of any new or increased tariffs, duties, taxes, or similar charges imposed by the United States Government, whether at the federal or state level, on products included in this proposal after the proposal date. Customer may agree to amend this Agreement to increase the total cost to be paid, or the Customer may terminate the Agreement without further obligation. The price is valid for a period of 90 days. The parties recognize that the effects of global economic instability are currently unpredictable and could lead to limitations in labor availability and delays in the supply and delivery of materials, equipment or products. In addition, as these contingencies have not been factored into this proposal; materials, equipment and/or products to be used in performing the work may become subject to a price increase. Accordingly, it is acknowledged that the seller/FieldTurf shall (a) not be subject to any damages for any delay due to events beyond its control and, (b) be allowed an equitable adjustment of the time and/or, subject to Customer approval, and amendment of this Agreement, of the price of this proposal or any contractual document resulting therefrom. FieldTurf shall endeavor to notify Customer as soon as possible of any such events and/or contingencies. Please note that the seller/FieldTurf shall use its best efforts to ensure that it fulfills its commitments and will strive to minimize any negative impacts as they may arise. Thank you for your kind understanding.Please feel free to reach out to any member of our project team with questions about our offer:Nathan Waldorf Cal WatsonEstimator Regional Sales Manager(248) 879-3332 (858) [email protected] [email protected] you again for your interest in FieldTurf, we look forward to working with you.The present proposal serves to provide an overview of the terms and conditions governing the business relationship between the parties for the completion of the above-referenced transaction. The parties hereby undertake to subsequently formalize their agreement by signing a more detailed agreement and/or purchase order (“Contract”) and as such the amount listed herein shall be an estimate which will be formalized in said Contract.FieldTurf USA, Inc. holds the Cooperative Purchase contract, any PO for Contract must be made out toFieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please contact Eric Fisher at: [email protected].
PRICINGPROPOSALCA LICENSE # 849044, DIR LICENSE #1000004625a) This bid proposal and its acceptance is subject to strikes, accidents, delays beyond our control and force majeure. b) FieldTurf’s preferred payment terms are as follows: (i) 50% of the Price upon Customer’s execution of contract; (ii) Remaining 50% of the price upon product delivery. c) FieldTurf requires a minimum of 21 days after receiving a fully executed contract or purchase order and final approvals on shop drawings to manufacture and coordinate delivery. d) FieldTurf requires a suitable staging area for delivery. FieldTurf shall not be liable for any damages to the staging area or its surface unless such damages are caused by FieldTurf’s intentional misconduct or negligence.e) This proposal is based on a single delivery. If the site is not ready and additional deliveries are necessary, additional charges will apply.f) FieldTurf shall not be a party to any penalty clauses and/or liquidated damages provisions.g) FieldTurf shall be entitled to recover all costs and expenses associated with collection procedures in the event that FieldTurf pursues collection of payment of any past due invoice.h) All colors are to be chosen from FieldTurf’s standard colors.
CONDITIONSNotwithstanding any other document or agreement entered into by FieldTurf in connection with the supply and/or installation only of its product pursuant to the present bid proposal, the following shall apply:
THE TARKETT SPORTS FAMILY - LEADERS IN SPORTS SURFACING
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EXHIBIT B MANUFACTURER WARRANTIES
7445 Côte-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 -800-724-http://www.fieldturf.com FieldTurf warrants that if FieldTurf FTCORE(Product) for multi-sport use synthetic turf proves to be defective in material, installation workmanship, therefore resulting in premature wear, during normal and ordinary use of the Product for the sporting activities provided herein or for any other uses for which FieldTurf has provided its written authorization, within ten (10) yearsfrom the date of completion of installation as indicated in this Warranty, FieldTurfshall either repair or replace the affected area of the Product in accordance with the terms of this Warranty. Product, at its sole discretion, and FieldTurf shall have no other obligations or liabilities with respect to defects of the Product.the Warranty period, but no cash refunds will be made. FieldTurf warrants that all materials installed meet or exceed the product specifications and further warrants that replacement material will be available through the Warranty period. FieldTurf will verify that their representative has inspected the installation and that the work conforms to FieldTurf's requirements and further warrants that the installation was done in accordance with both FieldTurf's recommendations and any written directives of FieldTurf's representative. This Warranty shall commence upon the date of completion indicated in this Warranty. The accompanying Warranty service will not come into effect unless Warranty shall be deemed to commence upon the date of completion indicated in this Warranty. The acceptance form of the terms and conditioys of completion of installation. FieldTurf warrants that the G-max shallmaintain a value (option 1: below one hundred thirty-five (135) at installation and no greater than one hundred eighty-five (185)) or option 2: (that shall not exceed two hundred (200)) for the duration of the warranty, as per ASTM 1936 and F-355 standards, providing that the customer has performed the regular maintenance as outlined in the maintenance guidelines.This Warranty is limited to the remedies of repair or replacement, which shall constitute the exclusive remedies available under this Warranty; all other remedies or recourses which might otherwise be available are hereby waived by the Purchaser. FieldTurf will have no other obligations or liability for damages arising out of or in connection with the use or performance of the Product, including, but without limitation, damages for personalinjury and/or economic losses. This Warranty shall not come into effect, and FieldTurf shall have no obligations under this Warranty, unless and until FieldTurf is paid in full for the Product to be warranted hereunder.Field Markings: Football, SoccerOther ExclusionsEXCEPT AS EXPRESSLY SET FORTH IN THE FIELDTURFDISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.THIS WARRANTY SHALL BECOME NULL AND VOID IF THE PURCHASER FAILS TO MAINTAIN THE FIELD IN ACCORDANCE WITH THE FIELDTURF MAINTENANCE GUIDELINES AND SCHEDULE PROVIDED BY FIELDTURF THEREIN. ALL MAINTENANCE SHALL BE PERFORMED BY FIELDTURF-TRAINED AND/OR FIELDTURF-AUTHORIZED MAINTENANCE PERSONNEL ONLY. does not cover:1. Any damage resulting, directly or indirectly, from force majeure, accident, misuse, intentional andunintentional abuse, infill displacement, neglect; or from usage, unintentional or otherwise, that cannotreasonably be considered as normal play or ordinary use of the Product. For purposes of this Warranty,normal play and ordinary use shall mean usage up to 3,000 hours per year of regular play and utilization forthe sporting activities provided herein; normal play and ordinary use also includes a reasonable number ofusers or participants, but does not include repetitive marching, repetitive training or high-intensity drills onthe same part of the field, especially in the areas includingbase areas, base paths, soccer penalty mark/spot areas, goal areas, sideline areas and lacrosse creaseareas, all of which require frequent maintenance in accordance with FieldTurf Maintenance Guidelines andwhich may require regular replacement. This Warranty is expressly conditioned upon the Customercompleting and submitting the FieldTurf Maintenance Log p SAMPLE WARRANTY FOR BIDSThis warranty is insured by a third party. For more information please contact Customer Service at FieldTurf at the number listed below.7445 Côte-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 -800-724-
2. Guidelines provided to the Purchaser. The Purchaser shall keep a log of all maintenance performed on the Product and supply FieldTurf with a copy upon request. 3. Damage resulting from repair, attempted repair and/or maintenance by anyone other than FieldTurf, an authorized FieldTurf distributor or an authorized FieldTurf maintainer.4. Damage due to causes which include, but are not limited to, the application of chemicals and/or cleaning agents, adhesive backing, dirt, traffic, negligence, vandalism, fire, flood, windstorm, animals, improper careand Acts of God.5. Failure and/or improper design of the base; depression of the soil, subsurface or other matter upon which the base or Product rests; and any and all resulting damage to the Product arising therefrom.6. FieldTurf does not warrant the percolation rate, long term planarity and/or compaction of the base which the product is installed. FIELDTURF DISCLAIMS ALL WARRANTIES AS TO THE BASE, EXPRESS OR IMPLIED, AND ANY AND ALL RESULTING DAMAGE TO THE PRODUCT ARISING THEREFROM.7. Damage resulting from the use of improper footwear such as long-spiked track shoes, regular and repeated use of steel cleats, and flat-soled shoes. Standard molded soccer or football cleats are recommended. 8. Damage resulting from the inadequate installation, improper maintenance and/or other failure of any third party shock pad or underlayment pad installed beneath the Product, including, but not limited to, detachment of the Product caused by expansion and/or contraction of the third party shock pad or underlayment pad.All synthetic turf is subject to normal wear and tear, which does not constitute a manufacturing defect and is not covered by this Warranty. In addition to the other factors listed in this Warranty and without limitation, the extent of the wear and tear depends on the construction of synthetic turf (fiber face weight, stitch rate, fiber pile height and gauge, infill components and maintenance of the field) and the intensity of use of the synthetic turf. The Product will be stable to light fading with the maximum fading of the Product during the Warranty period not to exceed fifteen percent (15%) of color loss annually based upon an acceptable grey scale. This Warranty does not cover slight variations or gradations of color within the Product and/or face distortion. Normal behavior of the fiber and infill with respect to the wear pattern of a field is more fully explainedent, provided in the FieldTurf After-Sales Service Package. FieldTurf disclaims all liability for incidental and consequential damages for breach of any express or implied warranty, including any implied warranty of merchantability, with respect to the Product. In the event that the Product be used for purposes other than the sporting activities provided herein or for any other uses for which FieldTurf has provided its written authorization, FieldTurf shall not be responsible for damages resulting therefrom and, therefore,this Warranty, as well as any and all applicable legal warranties, shall become null and voidas Purchaser understands that FieldTurf has tested the Product for use in connection with the said sporting activities and/or uses, and that it may not have tested the Product for other such uses. Any Product repairs or replacements performed under the terms of this Warranty shall not extend the term of this Warranty.Name of Purchaser:CLIENT NAMESporting Activities:Multi-Sport UseDate of Completion: Installed by:FieldTurf USA, Inc.Location: City:Address: Zip:State: Fax/email:Tel: Signature: Name :Date: Reference:8801 7445 Côte-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 -800-724-http://www.fieldturf.com FieldTurf warrants that if FieldTurf (Product)for multi-sport use synthetic turf proves to be defective in material or installation workmanship, therefore resulting in premature wear, during normal and ordinary use of the Product for the sporting activities provided herein or for any other uses for which FieldTurf has provided its written authorization, withineight (8) yearsfrom the date of completion of installation as indicated in this Warranty, FieldTurf shall either repair or er this Warranty shall be limited to either repair or replacement of the affected area of the Product, at its sole discretion, and FieldTurf shall have no other obligations or liabilities with respect to defects of the Product. FieldTurf will, at FieldTurfcash refunds will be made. This Warranty shall commence upon the date of completion indicated in this Warranty. The for validation to the corporate office of FieldTurf indicated herein within thirty (30) days of the date of completion or of completion indicated in this Warranty. This Warranty is limited to the remedies for repair or replacement, which shall constitute the exclusive remedies available under this Warranty; all other remedies or resources which might otherwise be available are hereby waived by the Purchaser. FieldTurf will have no other obligations or liability for damages arising out of or in connection with the use or performance of the Product, including, but without limitation, damages for personal injury and/or economic losses. This Warranty shall not come into effect, and FieldTurf shall have no obligations under this Warranty, unless and until FieldTurf is paid in full for the Product to be warranted hereunder.As concerns the designated high-traffic areas, which include, but are not limited to, the home plate, pitcher's mound,batting cage and bullpen areas, the foregoing Warranty does not apply. Notwithstanding anything contained herein, the base areas and slide zones, which also constitute as high traffic areas, shall be covered by this Warranty, except that the applicable Warranty period shall be limited to (see Appendices 1 and 2).Field Marking:BaseballOther ExclusionsDISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.THIS WARRANTY SHALL BECOME NULL AND VOID IF THE PURCHASER FAILS TO MAINTAIN THE FIELD IN ACCORDANCE WITH THE FIELDTURF MAINTENANCE GUIDELINES AND SCHEDULE PROVIDED BY FIELDTURF THEREIN. ALL MAINTENANCE SHALL BE PERFORMED BY FIELDTURF-TRAINED AND/OR FIELDTURF-AUTHORIZED MAINTENANCE PERSONNEL ONLY. does not cover:1. Any damage resulting, directly or indirectly, from force majeure, accident, misuse, intentional and unintentional abuse, infill displacement, neglect; or from usage, unintentional or otherwise, that cannot reasonably be considered as normal play or ordinary use of the Product. For purposes of this Warranty, normal play and ordinary use shall mean usage up to 3,000 hours per year of regular play and utilization for the sporting activities provided herein; normal play and ordinary use also includes a reasonable number of users or participants, but does not include repetitive marching, repetitive training or high-intensity drills on the same paths all of which require frequent maintenance in accordance with FieldTurf Maintenance Guidelines and may require regular replacement. 2.provided to the Purchaser, including without limitation, the baseball specific maintenance and use instructions. Given the nature of baseball, this warranty shall be conditional upon the Purchaser carrying out regular maintaining written logs showing same. The Purchaser understands the particular baseball requirement for frequent in-fill replenishment and maintenance on bases, base paths and anywhere else in-fill is naturally displaced.
SAMPLE WARRANTY FOR BIDSThis warranty is insured by a third party. For more information please contact Customer Service at FieldTurf at the number listed below.7445 Côte-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 -800-724-
3. Damage resulting from repair, attempted repair and/or maintenance by anyone other than FieldTurf, an authorized FieldTurf distributor or an authorized FieldTurf maintainer.4. Damage due to causes which include, but are not limited to, the application of chemicals and/or cleaning agents, adhesive backing, dirt, traffic, negligence, vandalism, fire, flood, windstorm, animals, improper care and Acts of God.5. Failure and/or improper design of the base; depression of the soil, subsurface or other matters upon which the base or Product rests; and any and all resulting damage to the Product arising therefrom.6. FieldTurf does not warrant the percolation rate, long-term planarity and/or compaction of the base which the product is installed. FIELDTURF DISCLAIMS ALL WARRANTIES AS TO THE BASE, EXPRESS OR IMPLIED, AND ANY AND ALL RESULTING DAMAGE TO THE PRODUCT ARISING THEREFROM. 7. Damage resulting from the use of improper footwear such as long-spiked track shoes, regular and repeated use of steel cleats, and flat-soled shoes. Standard molded soccer or football cleats are recommended. 8. Damage resulting from the inadequate installation, improper maintenance and/or other failure of any third-party shock pad or underlayment pad installed beneath the Product, including, but not limited to, detachment of the Product caused by expansion and/or contraction of the third-party shock pad or underlayment pad.All synthetic turf is subject to normal wear and tear, which does not constitute a manufacturing defect and is not covered by this Warranty. In addition to the other factors listed in this Warranty and without limitation, the extent of the wear andtear depends on the construction of synthetic turf (fiber face weight, stitch rate, fiber pile height and gauge, infill components and maintenance of the field) and the intensity of use of the synthetic turf. The Product will be stable to light fading with the maximum fading of the Product during the Warranty period not to exceed fifteen percent (15%) of color loss annually based upon an acceptable grey scale. This Warranty does not cover slight variations or gradations of color within the Product and/or face distortion. Normal behavior of the fiber and infill with respect to the wear pattern -Sales Service Package. FieldTurf disclaims all liability for incidental and consequential damages for breach of any express or implied warranty, including any implied warranty of merchantability, with respect to the Product. In the event that the Product be used for purposes other than the sporting activities provided herein or for any other uses for which FieldTurf has provided its written authorization, FieldTurf shall not be responsible for damages resulting therefrom and, therefore, this Warranty, as well as any and all applicable legal warranties, shall become null and voidas Purchaser understands that FieldTurf has tested the Product for use in connection with the said sporting activities and/or uses, and that it may not have tested the Product for other such uses. Any Product repairs or replacements performed under the terms of this Warranty shall not extend nor reset the term of this Warranty or any applicable warranty on workmanship and installation.Name of Purchaser: Sporting Activities:Multi-Sport UseDate of Completion: Installed by:FieldTurf USA, Inc.Location: City:Address: Zip:State: Fax/email:Tel:Signature: Name :Date: Reference:8801 SAMPLE WARRANTY FOR BIDSThis warranty is insured by a third party. For more information please contact Customer Service at FieldTurf at the number listed below.7445 Côte-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 -800-724- Appendix 1
SAMPLE WARRANTY FOR BIDSThis warranty is insured by a third party. For more information please contact Customer Service at FieldTurf at the number listed below.7445 Côte-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 -800-724- Appendix 2