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Item 9C - Attachment B - Bicentennial Park Proposalse SURFACES qwo A TENCATE COMPANY City of Southlake Parks & Recreation Attention: Michael Reasoner, Parks Manager September 8, 2023 LA Contractors #67614 285 Shady Oaks Drive TIPS #20020501 Southlake, TX 76092 Project: Bicentennial Park Baseball Field Renovations GeoSurfaces, Inc., (herein called GeoSurfaces®), will provide all materials, labor, and equipment necessary to install a GeoGreen® NF artificial surface (actual area dimensions, turf panel configuration and resulting square footage of purchase and/or amount of material shipped has been confirmed) at Bicentennial Park. GeoSurfaces will install the artificial surface with the GeoFlo®+ dynamic shock pad & drainage blanket on a GeoBase® structural base and anchor system constructed consistent with the scope of work outlined in this proposal. The newly installed field areas will be marked per the agreed upon layout attached to this proposal. Commencement of work and shipment of materials shall be in conformance with project specifications and completion of the installation shall be per the project schedule agreed to by the parties. Installation will commence following the availability and access to the site by GeoSurfaces. Installation is estimated to be completed in approximately 120 good weather working days for the scope of work listed in this proposal. Scope of Work: * Begin at existing elevation and remove unwanted material and dispose of offsite. * Supply and install a perimeter anchor system consisting of a 2"x4" pressure treated nailer which will be permanently attached around the entire perimeter to receive artificial turf. * Fields will be laser graded to sheet drain to existing retention ponds. * Supply and install GeoBase structural grid technology over entire area to receive artificial turf. * Fill GeoBase structural grid with 2,500 psi concrete and finish to proper elevation and tolerance. * Supply and install base anchors in locations designated by Owner. * Supply and install our GeoFlo+ dynamic shock pad & drainage blanket over entire area to receive artificial turf. * Supply and install our GeoGreen NF artificial turf system in colors as approved in shop drawings. * Install all permanent game markings as approved in shop drawings. * Supply and install GeoCool cooling additive. TOTAL COST for materials, labor and equipment........................................................................................................$3,624,900.00 TERMS/EXCLUSIONS: • The cost of permits, city engineering fees, water management fees or other license fees, if applicable, will be provided by Owner. • Surveying for field placement has been completed by GeoSurfaces. • Testing for strength of concrete cylinders and proctor testing is included. 7080 St. Gabriel Avenue - Suite A, St. Gabriel, LA 70776 • 877.663.5968 Phone • 225.208.0243 Fax 9 www.seosurfaces.com • No concrete or asphalt adjustment or repair of parking lot or grass areas used for entrance is included in this proposal. Back dragging of rutted areas is included. • No fence work is included in this proposal. • Proposed cost is applicable for one mobilization; any additional mobilizations will be charged at a cost of $4,500.00 each. • Athletic equipment of any kind is not included in this proposal. • Concrete curbing around perimeter of fields is not included in this proposal. • Clear site access is to be provided by Owner. • A turf groomer is not included in this proposal. • No grading or sitework outside of the newly installed field areas is included. • No logos or lettering are included in this proposal. The cost for logos shown are included in a separate proposal. • Remediation for inadequate soils or groundwater is not included in this proposal. • Materials must be ordered by October 9, 2023, or the terms of the Proposal will be renegotiated. • Installation will commence upon receipt of Purchaser's written notice and as soon as GeoSurfaces' schedule allows. Completion will be within the agreed upon good weather working days. • Utility, water or other lines that are not marked are the responsibility of the Owner. • Installation shall not be interrupted or delayed by Purchaser for any reason without prior written approval from GeoSurfaces. • A Payment & Performance Bond is included in this proposal. • The TIPS Cooperative Fee is included in this proposal. • Taxes are excluded. To receive tax exemption, Owner must provide GeoSurfaces with a valid tax-exempt certificate. • A certificate of insurance will be issued to Purchaser upon mobilization to the project site. Acceptance of Offer to Sell: This offer to sell (Proposal and all attachments) is valid for acceptance by Purchaser by the execution of the Acceptance of Proposal below and return of an original to GeoSurfaces. If the Acceptance of Proposal is not received by GeoSurfaces on or before the Proposal expiration date, this offer to sell shall be deemed automatically cancelled and withdrawn. Proposal tendered this 8th day of September 2023 For: GeoSurfaces, Inc. Proposal expires the 9th day of October 2023. For: City of Southlake Parks & Recreation By: 7080 St. Gabriel Avenue - Suite A, St. Gabriel, LA 70776 • 877.663.5968 Phone • 225.208.0243 Fax • www.geosurfaces.com a� M LO � Cl) � ) -0 OF c E c ii E a c O N O c 0 to '^ O O E O U= rn Ln O 0) O "-z O M O V W -E _ O � C 00 , �O N r� N �_ 13 U O Z cV c�i W L Ul YOV ..Nit,L, - - Q� '`LO 41. lye no co CD r � < �' I - -,� � �' _."`per• � y �'' � I I � a m ID i) o — bj o� L U_ r' L ii LL 00 31 ,t i O 0 AteA'� �3 /1 a)0 O _V 0 O m "J U �O O fn O 0 M O U °d _LO u1 W c ma0 o U O m cn �p LL _ E a> ai Q ii LL °'�'°'OUEa� a) M O n n D 0) � U � � O a) 0 a) CO cv ❑ - m p 0 • O 0 p C zaaa)iE m Ln U X ai ca �S p L L.L a � olS %o*L of %9,o edolS %o*L of %9,o W zl� � oq �O\5 oyoloto10 wo h\o O• N Cl) O 00 O O Z 3 se SURFACES q;08 A TENCATE COMPANY GEOGREEN & GEOBASE 10-YEAR PRODUCT WARRANTY TERMS AND CONDITIONS GeoSurfaces, Inc., herein GeoSurfaces®, warrants to the Purchaser the GeoGreen°, GeoFlo° and GeoBase° surfacing system at the address stated below for a period of ten (10) years ("Warranty Term") from the date of final completion against defects in materials provided, including excessive fading and premature wear, (stipulated as more than 25% decrease in pile height over more than 25% of the 'replicated grass' surface). GeoSurfaces will, at its option, either repair or replace the affected GeoGreen NF surfaces to the extent required to meet the warranty. GeoSurfaces also warrants proper drainage for a ten (10) year warranty term. Proper drainage is defined as: there being no visible puddling or any accumulation of water in the turf materials within 10 minutes of the completion of the storm event sufficient to cause visible splashing from ball impacts, footfalls, or other bodily impacts, where the rate of rainfall does not exceed two inches per hour. The artificial turf surface shall at all times, during or after the aforementioned weather events, remain functional and playable. The owner will be responsible for the maintenance of the 'replicated grass' surface. GeoSurfaces shall provide, if requested, at a pre- determined cost to the owner, annual inspections of the surface system. Failure to properly maintain the artificial turf will void this warranty. The requirements for maintenance are specified in the "Maintenance Requirements Manual" (acknowledged as received by you as part of the contract for the installation of the field). Any warranty claim must be made in writing by certified mail or courier, addressed to the Service Manager of GeoSurfaces within 30 days of Purchaser becoming aware of any alleged defects or warranty claim. Should the required notice not be given, the defects and all warranties related thereto are permanently waived and GeoSurfaces shall have no liability to the Purchaser therefore. Plans or drawings in no way extend this warranty to materials or workmanship beyond those specifically supplied or controlled by GeoSurfaces. This warranty does not cover or extend to damage attributable to ordinary wear and tear, as determined by an independent testing laboratory specializing in artificial turf. Wear in batter's boxes, catcher's boxes, around bases, down base paths and on artificial mounds or pitching lanes are not covered by this warranty. Metal or steel spike damage to any portion of the turf is excluded. Other items excluded are exposures to harmful chemicals, abuse by machinery, equipment or people, neglect, vandalism, floods, change in water table, catastrophic events, torrential rains and hurricanes, and Acts of God. 7080 St. Gabriel Avenue - Suite A, St. Gabriel, LA 70776 1 PHONE: 1 (877) 663-5968 1 FAX: (225) 208-0243 1 www.aeosurfaces.com GeoSurfaces warrants the GeoBase strurctural base and GeoFlo drainage system against Defects in Workmanship for a period often (10) years, which warranty covers inadequate drainage and dimensional stability of the base. The GeoBase structural base will maintain planarity of %2" in 10' thoughout the warranty. GeoSurfaces does not warrant damage done to the GeoBase structural base caused by vehicular traffic if the vehicle weighs more than 3,000 lbs. Forklifts or manlifts of any kind are not allowed on the surface and damage caused by this machinery is not covered. The warranty that the `replicated grass' surface will drain properly during the Warranty Term is applicable only if the 'replicated grass' surface was installed in conjunction with the installation of the GeoFlo or GeoFlo+ drainage blanket, which was installed on the GeoBase structural base system installed by GeoSurfaces. Purchaser and GeoSurfaces agree that this warranty does not extend to drainage defects or deficiencies, which are outside the footprint of the replicated grass surface as defined in the contract. Changes in water table or underground water occurrences are not covered by this warranty. Specifically, without limitation, the failure of the downstream storm water collection/detention system to adequately absorb or convey outflow. The obligation of GeoSurfaces to perform under this warranty is subject to full payment under the executed contract for all labor and materials related to the subject matter of this warranty. The repair or replacement of the artificial turf by anyone other than a certified GeoSurfaces employee shall void this warranty. This warranty constitutes GeoSurfaces entire obligation to the Purchaser. Any and all other prior written or oral agreements, drafts of agreements between the Purchaser and GeoSurfaces pertaining to the subject matter of this warranty are superseded by this document and of no force and effect and may not be used as evidence in the interpreting of the provisions of this warranty. This warranty is extended to the original Purchaser of the project and is non -transferable and non -assignable and there shall be no third -party beneficiaries in and to this warranty. This warranty is limited to the installation and sale for commercial, industrial or municipal uses at the location described below and does not apply to consumer uses as defined by the Magnuson -Moss Warranty Act, any similar federal statute, or any similar state consumer warranty statute. Project Location and Description: TBD Name and Address of Purchaser: TBD 7080 St. Gabriel Avenue - Suite A, St. Gabriel, LA 70776 1 PHONE: 1 (877) 663-5968 1 FAX: (225) 208-0243 1 www.aeosurfaces.com GENERAL TERMS: This Limited Warranty shall be governed, interpreted, and enforced solely under laws of the State of Louisiana in a courthouse in Baton Rouge, LA or East Baton Rouge Parish, irrespective of conflict of laws principles. This right shall not be waived, altered, or modified except in writing signed by the Parties and shall entirely supersede and replace any previous representations or warranties. This warranty may only be assigned by GeoSurfaces in its sole discretion. Failure to enforce any provision of this Limited Warranty shall not constitute a waiver of any other provisions. Project Name: TBD Owner's Name & Address: TBD Date of Completion or First Use: TBD AUTHORIZED SIGNATURE FOR: GeoSurfaces, Inc. DATE 7080 St. Gabriel Avenue - Suite A, St. Gabriel, LA 70776 1 PHONE: 1 (877) 663-5968 1 FAX: (225) 208-0243 1 www.aeosurfaces.com seo SURFACES A TENCATE COMPANY CkS GEOFLO+ 10-YEAR PRODUCT WARRANTY TERMS AND CONDITIONS 1. LIMITED WARRANTIES: The terms and conditions of this Limited Warranty are as follows. GeoSurfaces, Inc. ("GeoSurfaces") warrants to the Owner of the playing field(s) ("Owner") at which the GeoFlo+ Pad ("Pad") has been installed that for a period of twenty-five (25) years from date of purchase (the "Warranty Period"), the Pad will remain free of defects in materials and workmanship. The Pad will not degrade under normal use as a shock pad or drainage blanket for artificial turf sport surfaces and that as a system (Pad with infill turf) will not exceed a field average G-Max of 135 G's as tested according to the ASTM 1936 using the F-355-A Missile when field test conditions do not fall below 402 F. Field must be free from any frost or contaminants, provided the initially installed turf remains over the Pad and has never been replaced (the "G-Max Guarantee"). The Pad will be part of an artificial turf surface system that will not exceed a field average Head Injury Criterion (HIC) result of 1000 from a 1.0 meter drop height as tested according to the ASTM F355-16 standard missile E. The field average is defined as the overall average of the field test locations according to the testing specification. Test conditions above 402 F with field free of any frost or contaminants, provided the original turf initially installed over the Pad has never been replaced (The "HIC Guarantee"); (collectively, the "Limited Warranties"). 2. PROCEDURE FOR WARRANTY CLAIM: In the event the Pad fails to comply with these Limited Warranties during the Warranty Period, Owner shall provide GeoSurfaces' written notice within thirty (30) days after its first discovery of non-compliance and allow GeoSurfaces an opportunity to inspect the Pad (in place as originally installed) before modification or alteration of the Pad in any way. 3. EXCLUSIONS: Notwithstanding any provision herein, GeoSurfaces does not warrant and shall not be responsible for, the Limited Warranties shall not cover, and Owner shall not be entitled to recover,(for breach of contract, tort, strict liability, or otherwise), any loss, liability, claim, damage, cost, expense, or defect (collectively, a "Claim") caused by, in whole or in part, or arising from any party's failure to install, use, and maintain the Pad strictly in accordance with GeoSurfaces' Installation and Manufacturer's Standards. Any party's improper handling, use or protection of the Pad, including, but not limited to excessive static loads (in excess of 35 PSI for a period greater than 35 minutes) or dynamic loads (impact in excess of 110 PSI) or breaking, tearing or improper cutting of the Pad. Any party's improper or inadequate site preparation, including, without limitation, improper base material, grading, compaction, or material usage in perimeter drain collectors and other drain collectors. Any improper or inadequate site drainage, including without limitation, lack of adequate drainage systems, gutters, collectors, channels, and water diversion mechanisms or the failure of the downstream drainage system to adequately convey the flow of water. Any permanent depression of the surface of the Pad that is less than 5 mm in depth, any cause or event that is not reasonably foreseeable by 7080 St. Gabriel Ave. — Ste. A, St. Gabriel, LA 70776 • 877.663.5968 Phone * 225.208.0243 Fax • www.seosurfaces.com GeoSurfaces, including acts of God, extreme weather events, fires, floods, lightning, earthquakes, landslides, explosions, riots, wars, hurricane, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, and injunctions or any condition related to the soil, base, earth, or subsurface upon which the Pad may be installed, including without limitation, soil expansion, shifting, contraction, subsidence, compression, or erosion, improper or inadequate selection, use, installation, maintenance, repair, or replacement of the field's artificial turf system, including any infill. Any cumulative exposure of the Pad to sunlight or any other source of Ultraviolet light for more than ten (10) calendar days. Any contamination of the infill with sand, dirt, or other substances. G-MAX & HIC GUARANTEE: As to the G-Max and HIC Guarantees, any Claim occurring after the original turf that was initially installed after the Pad has been replaced, except that prior to each turf/infill replacement during the warranty period, if the Owner requests prior to turf/infill replacement in writing and allows for GeoSurfaces to inspect the Pad and approve the replacement turf/infill system, GeoSurfaces may, at GeoSurfaces' sole discretion, agree in writing to extend the G-Max and HIC guarantees for the replacement turf/infill life cycle but in any case no longer than the original warranty term; (collectively, the "Exclusions"). 4. REMEDY: As Owner's sole and exclusive remedy for any Claim relating to or arising from the Limited Warranties or Pads, and provided the Claim was not caused by or arising from any Exclusion, GeoSurfaces will deliver to the Owner and install new Pad to replace the non -conforming Pad. The installation shall include the temporary removal and repair or replacement of the artificial turf and infill over the affected area. GeoSurfaces shall have discretion as to whether to repair or make replacement of the artificial turf and infill. If Owner decides to replace the entire surface for reasons other than a breach of GeoSurfaces Warranty, Owner shall give GeoSurfaces reasonable advance notice of replacement of the surface so that a GeoSurfaces representative can be present at the time of the turf replacement to inspect the GeoSurfaces Pad. 5. LIMITATION OF LIABILITY: OWNER'S SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE PURCHASE, USE, OR CONDITION OF ANY PAD OR THIS LIMITED WARRANTY UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION, BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE (INCLUDING NEGLIGENT MISREPRESENTATION), OR STRICT LIABILITY, SHALL BE LIMITED TO THE REMEDIES PROVIDED IN SECTION 4 (REMEDY) OF THIS LIMITED WARRANTY. IN NO EVENT SHALL GEOSURFACES BE LIABLE FOR, AND OWNER HEREBY WAIVES ANY RIGHT TO RECOVER, ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INDIRECT LOSSES OR DAMAGES, ALL OF WHICH OWNER EXPRESSLY DISCLAIMS. GEOSURFACES' TOTAL AGGREGATE LIABILTY TO OWNER FOR ANY AND ALL CLAIMS UNDER ANY LEGAL THEORY ARISING FROM OR RELATING TO THE PAD, ANY ACTION OR INACTION OF GEOSURFACES, OR THIS LIMITED WARRANTY, SHALL NOT EXCEED THE TOTAL CONSIDERATION OWNER PAID FOR THE NON -CONFORMING PAD. 6. DISCLAIMER OF WARRANTIES: THIS LIMITED WARRANTY AND ITS REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. GEOSURFACES DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING 7080 St. Gabriel Ave. — Ste. A, St. Gabriel, LA 70776 • 877.663.5968 Phone • 225.208.0243 Fax • www.geosurfaces.com WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. GENERAL TERMS: This Limited Warranty shall be governed, interpreted, and enforced solely under laws of the State of Louisiana, irrespective of conflict of laws principles in a courthouse in Baton Rouge, LA or East Baton Rouge Parish. This right shall not be waived, altered, or modified except in writing signed by the Parties and shall entirely supersede and replace any previous representations or warranties made in relation to the Pad. This warranty may only be assigned by GeoSurfaces in its sole discretion. Failure to enforce any provision of this Limited Warranty shall not constitute a waiver of any other provisions. Project Name: Owner's Name & Address: Date of Purchase: SIGNATURE FOR: GeoSurfaces, Inc. DATE 7080 St. Gabriel Ave. — Ste. A, St. Gabriel, LA 70776 • 877.663.5968 Phone * 225.208.0243 Fax • www.seosurfaces.com