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CONTRACT <br />100 Brush Creek Rd #206, Santa Rosa, CA 95404 <br />Alex Hailey <br />707.538.3800 | (707) 736-6897 <br />alexh@rossrec.com <br />Contract #: 2024-34684 <br />Quote #: 00045954 <br />Quote Name: Halcyon Option 2 <br />Quote Total: $195,434.02 <br />100 Brush Creek Rd, #206, Santa Rosa, CA 95404 • 707.538.3800 • www.rossrec.com • <br /> CA Contractors License #520752 • OR Contractors License #186870 • Tax ID #68-0103540 • DIR 1000003500 <br />Page 4 of 7 <br />1. PRE-DELIVERY INSTRUCTIONS: <br />The c ontractor must notify Ross Recreation of any requested delivery changes at least two (2) weeks prior to shipment. <br />If the delivery address on the contract is not correct, please contact our office immediately as a re -consignment fee may <br />be added if materials ship and the delivery ad dress is changed. If Ross Recreation is not installing your equipment, you <br />are responsible for offloading and having equipment for offloading the shipment (i.e. - forklift or similar); the truck driver <br />is not obligated to offload your shipment. If Ross Rec reation is installing your equipment, the installers will offload the <br />equipment. It is your responsibility to mark all underground utilities before installation (call USA North, 1 -800-227-2600). <br />2. DELIVERY INSTRUCTIONS: <br />Make sure the materials and quant ities match the freight bill/Bill of Lading (BOL) you are signing to ensure you are <br />receiving a complete and intact shipment. Make sure all pieces you are receiving are correctly addressed to the project <br />and site, as trucks carry multiple shipments. Any sh ortages or visible damage must be noted on both copies of the freight <br />bill/Bill of Lading (BOL), and both copies signed. Jointly inspect each delivered piece for signs of damage (i.e. torn <br />packaging, punctures, etc.) with the driver. Notations on the freig ht bill/Bill of Lading (BOL) should be as detailed as <br />possible to avoid controversy at a later date if a claim is necessary. Taking photos of any damaged packaging is highly <br />recommended for documentation. <br />2. POST-DELIVERY INSTRUCTIONS: <br />After receipt of o rder, inventory your shipment. All shortages must be reported within thirty (30) days of receiving your <br />order. When inspecting the equipment, please minimize the amount of tearing of the packaging and do not dispose of <br />packaging. If concealed damage is fou nd, a Carrier inspection must take place within fifteen (15) days from the time of <br />delivery to protect your rights as the Consignee. Store your equipment in a safe and secure location before installation. <br />Returns are subject to a restocking fee. Credit on returns is contingent upon credit issued from the manufacturer. <br />Materials must be packaged well and received at the manufacturer in new and resalable condition. <br />3. DELAY: <br />Ross Recreation shall be excused for any delay in completion of the contract caused by acts of God, acts of the Owner <br />or Contractor or the Owner’s or Contractor's agent, employee or independent contractor, weather, labor trouble, acts of <br />public utilities, public bodies or inspectors, extra work, failure of the Owner or Contractor to make progress payments <br />promptly, or other contingencies unforeseeable by or beyond the reasonable control of Ross Recreation. <br />4. CONTRACT, PLANS AND SPECIFICATIONS: <br />The contract, plans and specifications are intended to supplement each other. In case of conflict, the specifications <br />shall control the plans, and the provisions of this contract shall control both. The Project will be constructed according <br />to the plans and specifications and any addenda, which have been signed by the parties hereto. <br />5. CHANGE ORDERS: <br />Should the Contractor, Owner, inspector or other person direct any modification or addition to the work covered by this <br />contract, the contract price shall be adjusted accordingly. Modifications or additions to the work shall be executed only <br />when a contract Change Order has been signed by both the Contractor and/or Owner and Ross Recreation. The change <br />in the contract price caused by such contract Change Ord er shall be as agreed and approved in writing. If the parties <br />are not in agreement as to the change in Contact Price, then Ross Recreation's actual cost for all labor, materials, <br />subcontracts and costs associated with the change in scope, plus Ross Recreat ion's fee of twenty -five percent (25%) <br />shall be the change in the final contract price and final amount due. Ross Recreation shall promptly notify the Contractor <br />or Owner of (1) a site differing materially from those indicated in this contract, (b) unknown physical conditions differing <br />materially from those originally encountered and generally recognized as inherent in the work of the character provided <br />for in this contract, or (c) any additional materials needed to complete the agreed upon scope of work. A ny expenses <br />incurred due to such conditions shall be paid for by Contractor or Owner as added work as outlined above. <br />Exhibit ADocusign Envelope ID: 85CC9F43-C75C-4581-82F7-E6BEAAADB81D