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2022-085 Resolution
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2022-085 Resolution
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Last modified
10/19/2022 2:16:21 PM
Creation date
10/19/2022 2:14:33 PM
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North Olmsted Legislation
Legislation Number
2022-085
Legislation Date
10/18/2022
Year
2022
Legislation Title
Field Turf Indoor Track
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CONDITIONS <br />Notwithstanding any other document or agreement entered into by FieldTurf in connection with <br />the supply and installation only of its product pursuant to the present bid proposal, the following <br />shall apply. <br />a) This bid proposal and its acceptance is subject to <br />strikes, accidents, delays beyond our control and <br />force majeure. <br />b) FieldTurf's preferred payment terms are as <br />follows. (I) 50% of the Price upon Customer's <br />execution of contract (ii) 40% of the Price upon <br />shipment of materials from FieldTurf 's <br />manufacturing facility. and (iii) Remaining balance <br />of ten percent (10%) upon substantial completion <br />of the field, which shall be achieved when <br />Customer is able to use the field for its intended <br />purpose, even if punchlist items remain and the <br />Certificate of Completion has not been executed <br />by Customer. <br />c) Accounts overdue beyond 30 days of invoice <br />date will be charged at an interest rale of 10% <br />per annum <br />d) FieldTurf requires a minimum of 21 days after <br />receiving a fully executed contract or purchase <br />order and final approvals on shop drawings to <br />manufacture, coordinate delivery and schedule <br />arrival of installation crew. Under typical field size <br />and scenario. FieldTurf further requires a minimum <br />of 28 days per field to install the Product subject to <br />weather and force majeure <br />e) Fiell requires a suitable staging area. Staging <br />area must be square footage of field x 0.12. have a <br />minimum access of 15 feet wide by 15 feet high. and, <br />no more than 100 it from the site. A 25 foot wide by <br />25 foot long hard or paved clean surface area <br />located within 50 feet of the playing surface shall be <br />provided for purposes of proper mixing of infill <br />material. Access to any field will include suitable <br />bridging over curbs from the staging area to permit <br />suitable access to the field by low clearance vehicles. <br />Staging area surface shall be suitable for passage <br />with motor vehicles used to transport materials to the <br />site and/or staging area. FieldTurf shall not be liable <br />for any damages to the staging area or its surface <br />unless such damages are caused by FieldTurt's <br />intentional misconduct or negligence. <br />I) This proposal is based on a single mobilization. If <br />the site is not ready and additional mobilizations <br />are necessary additional charges will apply. <br />g) Upon substantial completion of Field -furs <br />obligations, the Customer shall sign FieldTurf's <br />Certificate of Completion in the form currently in <br />force, to accomplish this purpose, the Customer will <br />ensure that an authorized representative is present <br />at the walk-through to determine substantial <br />completion and acceptance of the field, which may <br />include a list of punch list items. <br />h) FieldTurf shall not be a party to any penalty clauses <br />and/or liquidated damages provisions. <br />I) FieldTurf shall be entitled to recover all costs and <br />expenses, including attorney fees, associated with <br />collection procedures in the event that FieldTurf <br />pursues collection of payment of any past <br />due invoice. <br />I) All colors are to be chosen from FieldTurfs <br />standard colors. <br />1HE IARKErr SPOHIS FAMILY -LEADERS IN Si IS SURFACING <br />*TarkettspoRTs .a FieldTurf" *BEYNON' rell L. ``µi fiR18R AMR ',.. �> PIAYM MI! <br />FIFK / VSA '� /�\� I °i <br />
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