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HomeMy WebLinkAbout26-0325 Perfect Turf Distributing AGREEMENT THIS AGREEMENT("Agreement")is made and entered into this 25 day of March 2026,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as "CITY") and Perfect Turf Distributing, LLC, a Delaware limited liability company (hereinafter referred to as"CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with replacement of the synthetic turf soccer pitch at St. Francis Park (hereinafter referred to as the"PROJECT"); WHEREAS, the CITY desires to purchase synthetic turf and installation services as set forth in a three (3) page proposal dated February 4, 2026, under OMNIA Purchasing Agreement #R23020I; and WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein, subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Parks and Facilities Superintendent of the 'CITY, herein after referred to as the "SUPERINTENDENT". B. The scope of services is generally describes as follows: 1. Removal and disposal of existing synthetic turf at St. Francis Park in Elgin, IL. 2. Furnishment and installation of new 36' x 70' soccer field synthetic turf over existing stone base and impact attenuation pad at St. Francis Park in Elgin. IL. C. A detailed Scope of Services is incorporated by reference herein and attached hereto as Attachment A. 2. PROGRESS REPORTS A. A detailed project schedule for the PROJECT is included as Attachment B, incorporated by reference herein and attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in B below. B. The CONSULTANT will submit to the SUPERINTENDENT monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress,findings and outstanding issues. 3. WORK PRODUCT All work product prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the SUPERINTENDENT; provided, however, that the CONSULTANT may retain copies of such work product for its records. CONSULTANT's execution of this Agreement shall constitute CONSULTANT's conveyance and assignment of all right,title and interest,including but not limited to any copyright interest, by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4. PAYMENTS TO THE CONSULTANT(Lump Sum Method) A. The CITY shall reimburse the CONSULTANT for services under this Agreement a lump sum not to exceed Thirty-Five Thousand Eight Hundred and Fifty Dollars ($35,850.00) regardless of actual Costs incurred by the CONSULTANT unless substantial modifications to the PROJECT are authorized in writing by the SUPERINTENDENT. B. For outside services provided by other firms or subcontractors,the CITY shall pay the CONSULTANT the invoiced fee to the CONSULTANT. The costs for any such outside services are included within the total not to exceed amount provided for in paragraph 4A above. C. Reimbursable expenses shall include postage, printing of drawings, and mileage reimbursement. The costs of any such reimbursable expenses are not included within the total lump sum amount provided for in paragraph 4.A above and shall be invoiced separately by the CONSULTANT at CONSULTANT's direct cost. Mileage reimbursement will be at current IRS rates. The total costs of any such reimbursable expenses shall not exceed the total amount of$1000.00, regardless of the actual costs incurred by the CONSULTANT. -2- D. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty(30)days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the amounts shown in the following schedule,and full payments for each task shall not be made until the task is completed and accepted by the SUPERINTENDENT. 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports(2B above)will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period and for one(1)year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the CONSULTANT. In the event that this Agreement is so terminated,the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of this Agreement. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY,the CONSULTANT shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the SUPERINTENDENT relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the SUPERINTENDENT shall proceed without interruption. -3 - 9. BREACH OF AGREEMENT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative,contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party,by reason of any default,fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement,with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the CONSULTANT arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including, but not limited to, workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions,covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution,approval or attempted execution of this Agreement. 12. INSURANCE CONSULTANT shall provide,maintain and pay for during the term of this Agreement the following types and amounts of insurance: -4- A. Comprehensive Liability. A policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONSULTANT shall deliver to the SUPERINTENDENT a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the SUPERINTENDENT. The Certificate of Insurance shall include the contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled"Indemnification". This insurance shall be primary and non-contributory to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned. non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for bodily injury and/or property damage. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The CONSULTANT shall carry CONSULTANT's Professional Liability Insurance covering claims resulting from error,omissions or negligent acts with a combined single limit of not less than $1,000,000 per claim. A Certificate of Insurance shall be submitted to the SUPERINTENDENT as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the SUPERINTENDENT. 13. CONSTRUCTION MEANS.METHODS.TECHNIOUES,SEOUENCES, PROCEDURES AND SAFETY The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION/AFFIRMATIVE ACTION The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation,or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. Consultant shall take affirmative action -5 - to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. Consultant shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. Consultant agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976,as amended,is hereby incorporated by reference,as if set out verbatim. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of race, color,religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part,of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided,however,that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment,delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agree that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. -6- 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitute the entire Agreement of the parties on the subject matter hereof and may not be changed,modified,discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof,or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the SUPERINTENDENT, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the SUPERINTENDENT prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this PROJECT as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. • 25. SEXUAL HARASSMENT As a condition of this Agreement, the CONSULTANT shall have written sexual harassment policies that include, at a minimum,the following information: A. the illegality of sexual harassment; - 7- B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request(775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The SUPERINTENDENT may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid,addressed as follows: A. As to the CITY: Greg Hulke Parks and Facilities Superintendent City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 -8- B. As to the CONSULTANT: Illinois Corporation Service Company,Registered Agent 801 Adlai Stevenson Drive Springfield, Illinois 62703-4261 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement that the CONSULTANT shall comply with all applicable federal,state,city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages,minimum wage,workplace safety and legal status of employees. Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. CONSULTANT shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the CONSULTANT to determine CONSULTANT's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. 30. COUNTERPARTS AND EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically,and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. SIGNATURE PAGE FOLLOWS - 9 - CITY GIN: By. Richard G. Kozal, City Manager Atte t: y Clerk CONSULTANT: Perfect Turf Distributing, LLC By: �bei� Name/Print: Amy Cooke Title: Vice President of Corporate Compliance Legal Dept\AgreemenPPerfect Turf Agr-St Francs Park Soccer Puck Replacement-3.13.26-clean.docx — 1 0 — ATTACHMENT A SCOPE OF SERVICES Project Name: St. Francis Park—Soccer Field Renew 277 Jefferson Avenue,Elgin, IL 60120 The following proposal is for the material and installation of Perfect Turf synthetic turf at prevailing rates at the location listed above. Project to start May 1st,2026 with substantial completion May 8th,2026,permitting weather. Perfect Turf®Synthetic Turf Installation(2,520 Sq. Ft.): Proposal Price OMNIA Price 3/4 Inch Pile Height SportsTurf Proposal includes: • Remove and dispose of existing synthetic turf. • Furnish and install new 36' x 70' soccer field synthetic turf over existing stone base and impact attenuation pad. Note: Perfect Turf is not responsible for damages to turf system due to improper usage or footwear. •4"white turf lines will be cut in and seamed around each goal to create a 10' x 20' 7"goalie box. •Turf will be seamed with commercial grade turf adhesive and seam tape. •Turf perimeter will be secured via trench edge outside of the fence area and spiked back into the base. • Supply and infill turf with silica sand at a rate of 31bs per Sq. Ft. • Remove and dispose of waste turf materials. • Provide ten(10)year manufacturer's warranty against damage caused by UV degradation or defects in workmanship and materials in the manufacturing of the synthetic turf. Installation warranty for two(2)years from completion date. • Installation to be performed by Perfect Turf®and/or Perfect Turf®approved contractors at prevailing wages. • Shipping and handling fees are included. NOT Included in project work steps above: •Proposal pricing excludes all applicable sales tax, licensing, permits, performance bonds or prepaid insurance costs. • Excludes site restoration. • Excludes union wage labor rates. •Excludes any base excavation or installation. •Excludes any nail board installation. •No Fall height testing necessary. Note: Outside temperature of 55 degrees Fahrenheit minimum is recommended for installation. These prices are based on having full access to the area once the installation starts. DISCLAIMER: Surfacing failure due to improper subbase is the responsibility of others and not a warranty matter under the Perfect Turf Limited Warranty. - 12- ATTACHMENT A PERFECT TURF Greg Hulke City of Elgin Parks & Recreation Email: hulke gcityofelgin.com Phone: 847-931-6038 February 4, 2026 REVISED OMNIA Purchasing Agreement—OMNIA Contract#R230201 Project Name: St. Francis Park— Soccer Field Renew 277 Jefferson Avenue, Elgin, IL 60120 Thank you for the opportunity to be a continued part of City of Elgin Parks and Recreation. The following proposal is for the material and installation of Perfect Turf® synthetic turf at prevailing rates at the location listed above. Project to start May 1st, 2026 with substantial completion May 8th, 2026, permitting weather. Perfect Turf®Synthetic Turf Installation (2,520 Sq. Ft.): Proposal Price OMNIA Price Option 1: 3/4 Inch Pile Height SportsTurf $ 36,950.00 $ 35,850.00 INITIAL Option 1 Proposal includes • Remove and dispose of existing synthetic turf. • Furnish and install new 36' x 70' soccer field synthetic turf over existing stone base and impact attenuation pad. o Note: Perfect Turf is not responsible for damages to turf system due to improper usage or footwear. • 4" white turf lines will be cut in and seamed around each goal to create a 10' x 20' 7" goalie box. • Turf will be seamed with commercial grade turf adhesive and seam tape. • Turf perimeter will be secured via trench edge outside of the fence area and spiked back into the base. • Supply and infill turf with silica sand at a rate of 31bs per Sq. Ft. • Remove and dispose of waste turf materials. • Provide ten (10) year manufacturer's warranty against damage caused by UV degradation or defects in workmanship and materials in the manufacturing of the synthetic turf. Installation warranty for two (2) years from completion date. • Installation to be performed by Perfect Turf'and/or Perfect Turf' approved contractors at prevailing wages. • Shipping and handling fees are included. Perfectiurf.com ♦ TurfDrainTiles.com • BuyHomeTurf.com • PTPetGrass.com U.S. Patent No. 9,464,388 0 5540 Meadowbrook Court, Rolling Meadows, IL 60008 ` (888) SYN-TURF (796-8873) OP) PERFECT TURF ' NOT Included in project work steps above • Proposal pricing excludes all applicable sales tax, licensing, permits, performance bonds or prepaid insurance costs. • Excludes site restoration. • Excludes union wage labor rates. • Excludes any base excavation or installation. • Excludes any nail board installation. • No Fall height testing necessary. Note: Outside temperature of 55 degrees Fahrenheit minimum is recommended for installation. These prices are based on having full access to the area once the installation starts. DISCLAIMER: Surfacing failure due to improper subbase is the responsibility of others and not a warranty matter under the Perfect Turf Limited Warranty. Please feel free to contact me if you have any questions regarding this proposal. Kind regards, Zachary Brusseau Perfect Turf Distributing, LLC 847-652-1864 phone zachb@perfectturf.corn PerfectTurf.com • TurfDrainTiles.com • BuyHomeTurf.com • PTPetGrass.com Q U.S. Patent No. 9,464,388 Q 5540 Meadowbrook Court, Rolling Meadows, IL 60008 ` (888) SYN-TURF (796-8873) fiP)) PERFECT TURF Terms: 1 Perfect Turf Distributing. LLC (PTL)price includes all materials. labor and taxes necessary to complete all work according to the specifications and materials described herein or attached. Client understands that the measurements and quantities included herein are approximate If an accompanying design is provided.surface shown may not be to scale_ 2 Customer understands that installation on any base that is not totally solid (such as over prior excavation, removed tree locations or near tree roots)may cause future problems with their turf installation PTL is not responsible for any ground settling or other ground disturbance at any time, unless caused by or part of materials brought in by PTL. 3. Any alteration or deviation from the above or attached mentioned specifications involving extra costs or changes to the plan, will be executed only upon a signed addendum, and may become an additional charge over and above this contract amount. 4. It shall be the responsibility of the Client to furnish any water. power, or other utilities necessary at the job location for PTL's use prior to the start. 5. This contract is between the Client and PTL. PTL will not be a party for any disputes between Homeowner and their Homeowner's Association and shall be indemnified by Homeowner and their Homeowner's association. PTL will not get involved with any Homeowner's Association plan approval process. It is the total responsibility of the Homeowner to ensure their plan complies with any applicable Codes. Covenants and Restrictions and to obtain any required Homeowner's Association approvals before installation. 6. PTL agrees to diligently perform this work All work and materials will be supplied in a professional manner. Contract pricing is based on PTL having full access to the proposed area once the installation starts and right of way for PTL and its subcontractors until completion. However, PTL shall not be responsible for delay or failure to perform due to acts of God. threat of inclement weather. strikes. accidents, civil disturbance, delays caused by owner or other contactor's working for the Client. lack of availability of construction materials or other delays beyond PTL's control. 7. PTL will not be held liable for any damages caused by the rupture of water lines after installation. 8 Proposal pricing includes 3%cash/check discount. If Client pays by credit card. for all or part of the project. 3%will be added to the payment amount for the portion paid by credit card 9. Client understands and agrees that fees are to be paid 50%down and the balance of full payment is due and shall be paid upon substantial completion of this work. Any other payment arrangements must be outlined on this contract at the time of contract signing. 10. Contract pricing is valid for 60 days from date of the proposal. 11. In the event PTL retains an attorney in conjunction with any dispute arising out of this contract, the Client shall be required to pay PTL's reasonable attorney's fees and all other costs and expenses of PTL incurred related to the dispute. 12. All materials installed remain the property of PTL until this contract is paid in full. 13. All unpaid balances from date due shall be assessed interest at a rate of 2%per month(24%A.P.R.). 14 This contract constitutes the full agreement between the parties and supersedes any and all oral expressions or statements. which shall not be construed to be part of this agreement. All terms and conditions are required to be in writing. in either this contract or an addendum This agreement is not binding upon PTL unless and until an authorized officer of PTL accepts it. Client Signature: Date: by PTL Official: _ Date: DISCLAIMER: Turf does in fact get hot in direct sunlight, although it does not retain or radiate much heat. Perfect Turf Distributing, LLC does not guarantee that natural grass/weeds will not grow through the drainage holes. Reflection from windows, highly reflective or shiny surfaces (such as a white PVC fence), or glass top tables can create a magnifying affect and melt the turf. Compression, laying down of fibers, matting and traffic patterns are all considered normal wear and tear. Please call our customer support line with any questions prior to cutting or installing the turf. PerfectTurf.com ♦ TurfDrainTiles.com • BuyHomeTurf.com • PTPetGrass.com El U.S. Patent No. 9,464,388 9 5540 Meadowbrook Court, Rolling Meadows, IL 60008 ` (888) SYN-TURF (796-8873) ATTACHMENT B PROJECT SCHEDULE Project to start May 1, 2026 with substantial completion May 8, 2026. *subject to weather permitting