HomeMy WebLinkAboutFIELDTURF USA, INC.INSURANCE ON FILE
WORK MAY PROCEED N-2022-348
UNTIL INSURANCE EXPIRES
Z • 65 •2023
CLERK OF COUNCIL
�a DATE:
co AGREEMENT WITH FIELDTURF USA, INC., FOR PRE -CONSTRUCTION AND
ENGINEERING DESIGN SERVICES FOR DAN YOUNG SOCCER COMPLEX
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��� � THIS AGREEMENT is made and entered into on this 14 day of Uy• 2022 by and
O between FieldTurf USA, Inc. ("Consultant'), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of
pre -construction and engineering design services for the Dan Young Soccer Complex in
Centennial Regional Park.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Exhibit A, attached hereto and
incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit A. The total amount to be expended
during the term of this Agreement, including any extension periods, shall not exceed
Forty -Nine Thousand, Five Hundred Dollars and Zero Cents ($49,500).
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a one-year term with
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the option for the City to grant up to two (2) one-year extensions, exercisable by a writing by the
City Manager and the City Attorney, unless terminated earlier in accordance with Section 15,
below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL): Insurance Services Office Form CG
00 01 covering CGL on an "occurrence" basis, including products and
completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregatelimit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general
aggregate limit shall be twice the required occurrence limit.
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2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code
1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos
(Code 9), with a limit no less than $1,000,000 per accident for bodily injury and
property damage.
3. Workers' Compensation: as required by the State of California, with Statutory
Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): insurance appropriate to the
Consultant's profession, with limit no less than $1,000,000 per occurrence or
claim, $2,000,000 aggregate.
5. Broader Coverage: if the Consultant maintains broader coverage and/or
higher limits than the minimums shown above, the City requires and shall be
entitled to the broader coverage and/or the higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified
miniinum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Consultant including materials, parts, or equipment furnished in
connectionwith such work or operations. General liability coverage can be
provided in the form of an endorsement to the Consultant's insurance (at least
as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of
both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later
edition is used).
2. Primary Coverage: For any claims related to this contract, the Consultant's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
01 04 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall provide
that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right
to subrogation that any insurer of said Consultant may acquire against the City
by virtue of the payment of any loss under such insurance. Consultant agrees
to obtain any endorsement that may be necessary to affect this waiver of
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subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require theConsultant to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self -
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized
to conduct business in the state with a current A.M. Best's rating of no less
than A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the
contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
iii. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Consultant must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of work.
Verification of Coverage: Consultant shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage requiredby this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing allpolicy endorsements to City before work begins. However, failure to
obtain the required doclu tints prior to the work beginning shall not waive the
Consultant's obligation to provide them.
The City reserves the right to require complete, certified copies of all required
insurance policies,including endorsements required by these specifications, at
any time.
9. Subcontractors: Consultant shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Consultant
shall ensure that City is an additional insured on insurance required from
subcontractors.
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10. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of therisk, prior experience,
insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
a. Consultant agrees to defend, and shall indemnify and hold harmless the City, its
officers, agents, employees, contractors, special counsel, and representatives from
liability: (1) for personal injury, damages, just compensation, restitution, judicial or
equitable relief arising out of claims for personal injury, including death, and claims
for property damage, which may arise from the negligent operations of the
Consultant, its subcontractors, agents, employees, or other persons acting on its
behalf which relates to the services described in section 1 of this Agreement; and
(2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from
this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or
alleged to have been suffered, by reason of the events referred to in this Section or
by reason of the terns of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the
City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or
equitable relief due to personal or property rights arises by reason of the terms of,
or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the
foregoing, to the extent Consultant's services are subject to Civil Code Section
2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
b. City warrants that all plans, drawings, data, etc. provided to Consultant shall, to the
best of City's knowledge, be free of any and all errors or omissions, be up to date
and accurate and be fit for the purposes of this Agreement.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
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the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
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the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Consultant s retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
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determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
FieldTurf USA, Inc.
Attn: Tim Coury, Regional VP of Sales
175 N Industrial Blvd NE
Calhoun, GA 30701
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
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deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or
contemporaneous agreements for similar services between the parties is superseded
by this Agreement. This shall not apply where the Parties are currently engaged
and Consultant is providing services not contemplated by this Agreement.
C. In the event of any conflict or inconsistency between the terms and conditions in
this Agreement and any terms or conditions set forth in any Exhibit, purchase
order, or other document relating to the transactions contemplated by this
Agreement, the terms and conditions set forth in this Agreement shall prevail.
d. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
k -_
Clerk of the Council
CITY OF SANTA ANA
xrist�� g
City Manager
[signatures continued on next page]
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filL+ll@*fE
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
andon Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
CONSULTANT:
d,)*W—�
en Gill
Executive Vice -President
FieldTurf USA, Inc.
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HIPYL'
CENTENNIAL REGIONAL PARK
August 30, 2022
FieldTurf 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
FieldTurf is pleased to offer the following proposal for pre -construction and engineering
services for the design of 180,000 SF of FieldTurf synthetic turf soccer fields.
FIELD NAME
Dan Young Sports Complex
1. Survey and Geotechnical Services
$35,745.00
2. Construction Documentation & Permitting
$13,755.00
TOTAL LUMP SUM PRICE
$49,500.00*
*Payment & Performance Bonds are not included and may be added at a rate of 1.125%on the total
contract value.
FieldTurf has taken the necessary steps to ensure that your project will run smoothly and that the quality
promised will be the quality delivered.
PROJECT UNDERSTANDING AND SCOPE:
Provide Design and Engineering documentation for the FieldTurf limits including:
a) Convert the 2 Living turf soccer fields comprising of 180,000 sf from living turf to a Fieldturf
synthetic turf high performance artificial infilled turf system.
i. Coordinate with geotechnical engineer to conduct on site analysis and provide
recommendations report.
ii. Coordinate with surveyor to conduct aerial and site survey analysis and provide CAD
survey site plan and surface.
iii. Research and Furnish necessary permit documents and calculations.
iv. FieldTurf will assist in the preparation of the SWPPP Plans as they relate to the Turf
Field.
V. Cover Page
vi. Existing Conditions Plan
vii. Demolition Plan
vill. Material and Layout Plan
ix. Grading Plan
X. Utility Plan
xi. Field Marking Plan
xii. Detail Plans to include curbs, drainage systems, base sections and additional details as
required to complete the installation of the field
All. Furnish Sealed Drawings relating to the Turf Field limits only.
xiv. Develop required permitting set per local requirements
xv. Submission and filing with local permitting authority- Permit and associated fees to be
paid for by owner.
The price is valid for a period of 30 days. The price is subject to increase if affected by an increase in raw materials,
freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally binding imposition affecting
the transaction. The parties recognize that the impacts of the COVID-19 pandemic 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
sellerlFieldTurf 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 of the price of this proposal or any contractual document resulting
therefrom. Please note that the sellerlFieldTurf 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:
Chris Chisam Tim Coury
Director of Quality Control, West Region Regional VP of Sales
(916) 346-8543 (760) 310-2139
Christopher.Chisam@tarkettsports.com tcfieldturf@amail.com
Thank 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.
By its signature(s) below, the customer acknowledges having read and accepted this proposal and
undertakes to be bound by it.
Per:
Marie -Christine Raymond, Director of Operations
FieldTurf USA, Inc. / Tarkett Sports Canada, Inc.
CONDITIONS:
Owner (Signature)
Printed Name and Title
Notwithstanding any other document or agreement entered into by FieldTurf in connection with the supply
and installation only of its product pursuant to the present bid proposal, the following shall apply:
a) The limits of the design provided by FieldTurf shall be defined by the limits of turf installed, and
areas immediately adjacent to the limits of turf in order to provide smooth transitions.
b) This Design Services proposal and its acceptance is subject to strikes, accidents, delays beyond
our control and force majeure;
c) FieldTurf shall be accountable for its negligence but shall not be bound by any penalty clauses.
d) FieldTurf shall be entitled to recover all costs and expenses, including attorney fees, associated
with collection procedures in the event that FieldTurf pursues collection of payment of any past
due invoice.
e) Special studies such as Environmental Assessments, boundary surveys, Tree Surveys, etc. (if
required) shall be provided by others.
t) Important Note Regarding Lump Sum Agreements: This paragraph is only applicable to the
portion of this agreement captioned as a "Lump Sum." Fees indicated in any lump sum/fixed-fee
agreement reflect one (1) initial meeting with the client prior to submittal, one (1) drawing revision
based on comments generated before or during that initial meeting, and one (1) informal meeting
with the Local Permitting Authority. Additional meetings and revisions beyond those indicated
above (including client meetings, consultant meetings and site visits) are considered additional
services that will be billed in accordance with the hourly rate provisions set forth above. These
services and fees shall be considered above and beyond the stated lump sum amount indicated
in the contract.
g) Important Note Regarding Construction Administration: Once permits and approvals (i.e.
clearing, grading, surveying, staking, demolition, or construction) are granted for development
related activity, FieldTurf reserves the right to conduct the necessary construction administration
for the site. Plans, reviews, site visits, testing, as -built coordination, details, and plan revisions
associated with this work will be conducted without need for authorization.
In the event that the Client elects to contract with a Builder/Installer who is not either a) FieldTurf,
or b) a FieldTurf certified builder, prior to permits being applied for, the following actions will be
taken:
1) FieldTurf will deliver all final design document to the Client for their use;
2) The Engineer of Record will remove their stamp and be fully relieved of any liability with
regard to the design;
3) The Client will fully relieve FieldTurf of any liability with regard to the design.
4) If permits have been applied for: FieldTurf and its subconsultants will remove notify the Local
Permitting Jurisdictions that it (they) will no longer be a party to the permit application, and it
will be the responsibility of the Client to file the necessary change of status paperwork along
with their selected Engineer of Record.
h) Important Note Regarding Extra Work: During the course of the Design/Construction phase of
the project, should work additional to that defined above be required, the client will be provided a
written scope of work addressing the anticipated services required. Written approval of that work
will be required prior to commencement of the work. That work will then proceed on an hourly
basis in accordance with the attached rate sheet or on a negotiated, lump sum fee basis.
i) Reimbursable Expenses: In addition to the above fees for engineering services, FieldTurf will
invoice for reimbursable services, such as plotting, postage, survey, express delivery charges,
travel related expense over and above that specifically stated above, etc. Reimbursables will
appear as Additional Services on the monthly invoices and shall be in accordance with the
attached fee schedule and based on actual usage.
RATE SCHEDULE
Design Consultant, Principal Design Consultant.........................................................
$ 175.00/Hr.
PrincipalEngineer..........................................................................................................
175.00/Hr.
ProjectEngineer...........................................................................................................
150.00/Hr.
Designer(E.I.T.)..............................................................................................................
110.00/Hr.
Draftsman/Designer(AutoCAD).......................................................................................
80.00/Hr.
Clerical............................................................................................................................
35.00/Hr.
Landscape Architecture Principal..................................................................................
170.00/Hr.
Landscape Architecture Senior......................................................................................
150.00/Hr.
Landscape Architecture Project.....................................................................................
120.00/Hr.
Landscape Architecture Apprentice................................................................................
75.00/Hr.
Travel........................................................................................................................
65 cents/mile
OfficeStaff.......................................................................................................................
50.00/Hr.
Postage, Shipping, Telephone, Fax, etc.....................................................................
cost plus 15%
Printing/Plotting..........................................................................................................
50 cents/SF
Reproductions and Reprographics.............................................................................cost
plus 15%
Subconsultants...........................................................................................................cost
plus 15%
Rates shown are effective as of January 1, 2022 and through the remainder of the calendar
year. They also apply for the full term of all contracts signed
during 2022, unless stated
otherwise in specific contract documents.
FieldTurf USA, Inc. holds the Cooperative Purchase contract, any PO for Contract must be made out to
FieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701
If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please
contact Eric Fisher at: Eric.Fisher(a)smartbuvcooperative.com.
Smarr Buy
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CONDITIONS
Notwithstanding any other document or agreement entered into by FieldTurf in connection with
the supply and installation only of its product pursuant to the present bid proposal, the following
shall apply:
a) This bid proposal and its acceptance is subject to
strikes, accidents, delays beyond our control and
force majeure.
b) FieldTurr's preferred payment terms are as
follows: (i) 50% of the Price upon Customer's
execution of contract; (ii) 40% of the Price upon
shipment of materials from FieldTurf's
manufacturing facility; and (iii) Remaining balance
of ten percent (10%) upon substantial completion
of the field, which shall be achieved when
Customer is able to use the field for its intended
purpose, even if punchlist items remain and the
Certificate of Completion has not been executed
by Customer.
c) Accounts overdue beyond 30 days of invoice
date will be charged at an interest rate of 10%
per annum.
d) FieldTurf requires a minimum of 21 days after
receiving a fully executed contract or purchase
order and final approvals on shop drawings to
manufacture, coordinate delivery and schedule
arrival of installation crew. Under typical field size
and scenario, FieldTurf further requires a minimum
of 28 days per field to install the Product subject to
weather and force majeure
e) FieldTurf shall not be a party to any penalty clauses
and/or liquidated damages provisions.
f) FieldTurf shall be entitled to recover all costs and
expenses, including attorney fees, associated with
collection procedures in the event that FieldTurf
pursues collection of payment of any past
due invoice.
............................................................................. THE TARKETT SPORTS FAMILY - LEADERS IN SPORTS SURFACING ..... ..... ............. .... ........:...................
......_.............
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Burrola, Melissa
From: City of Santa Ana <certificate-request@ctraxjdidata.com>
Sent: Monday, November 14, 2022 9:51 AM
To: tcfieldturf@gmail.com; certificates@willis.com; Pierce, Eva; Burrola, Melissa; Thomas,
Sean
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Fieldturf USA, Inc.
Name:
Project TBD (54)
Number:
Project Agreement With FieldTurf USA, Inc., For Pre -Construction And
Name: Engineering Design Services For Dan Young Soccer Complex
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
POLICY NUMBER
EXPIRATION
DATE
COI
DATE
FILE NAME
Dan Young
AUTOMOBILE LIABILITY
TC2JCAP823K312ATIL22
05/01/2023
10/04/2022
Complex Precon
Services - 27788
(COI) .pdf
Dan Young
GENERAL LIABILITY
US00010327LI22A
05/01/2023
10/04/2022
Complex Precon
Services - 27788
(COI).pdf
Dan Young
PROFESSIONAL LIABILITY
E00563294400
02/15/2023
10/04/2022
Complex Precon
Services - 27788
(COI) .pdf
WORKERS COMPENSATION AND
Santa Ana
EMPLOYERS' LIABILITY
UB8P7606192251R
05/01/2023
04/29/2022
Stadium - 23333
(COI)updated.pdf