Non-Professional_Services_Agreement_-_City_of_SL_&_Ross_recreation_equiptment

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CONTRACT 100 Brush Creek Rd #206, Santa Rosa, CA 95404 Alex Hailey 707.538.3800 | (707) 736-6897 alexh@rossrec.com Contract #: 2025-36596 Quote #: 00047866 Quote Name: Marina Park Fabric Replacement Quote Total: $89,427.51 100 Brush Creek Rd, #206, Santa Rosa, CA 95404 • 707.538.3800 • www.rossrec.com • CA Contractors License #520752 • OR Contractors License #186870 • Tax ID #68-0103540 • DIR 1000003500 Page 3 of 6 1. PRE-DELIVERY INSTRUCTIONS: The contractor must notify Ross Recreation of any requested delivery changes at least two (2) weeks prior to shipment. If the delivery address on the contract is not correct, please contact our office immediately as a re -consignment fee may be added if materials ship and the delivery address is changed. If Ross Recreation is not installing your equipment, you are responsible for offloading and having equipment for offloading the shipment (i.e. - forklift or similar); the t ruck driver is not obligated to offload your shipment. If Ross Recreation is installi ng your equipment, the installers will offload the equipment. It is your responsibility to mark all underground utilities before installation (call USA North, 1 -800 -227-2600). 2. DELIVERY INSTRUCTIONS: Make sure the materials and quantities match the freight bill/Bill of Lading (BOL) you are signing to ensure you are receivin g a complete and intact shipment. Make sure all pieces you are receiving are correctly addressed to the project and site, as truc ks carry multiple shipments. Any shortages or visible damage must be noted on both copies of the freight bill/Bill of Lading (BO L), and both copies signed. Jointly inspect each delivered piece for signs of damage (i.e. torn packaging, punctures, etc.) with t he driver. Notations on the freight bill/Bill of Lading (BOL) should be as detailed as possible to avoid controversy at a later date if a claim is necessary. Taking photos of any damaged packaging is highly recommended for documentation. 2. POST -DELIVERY INSTRUCTIONS: After receipt of order, inventory your shipment. All shortages must be reported within thirty (30) days of receiving your ord er. When inspecting the equipment, please minimize the amount of tearing of the packaging and do not dispose of packaging. If conce aled damage is found, a Carrier inspection must take place within fifteen (15) days from the time of delivery to protect your righ ts as the Consignee. Store your equipment in a safe and secure location before installation. Returns are subject to a restocki ng fee. Credit on returns is contingent upon credit issued from the manufacturer. Materials must be packaged well and received at the manufacturer in new and resalable condition. 3. DELAY: Ross Recreation shall be excused for any delay in completion of the contract caused by acts of God, acts of the Owner or Cont ractor or the Owner’s or Contractor's agent, employee or independent contractor, weather, labor trouble, acts of public utilities, public bodies or inspectors, extra work, failure of the Owner or Contractor to make progress payments promptly, or other contingenci es unforeseeable by or beyond the reasonable control of Ross Recreation. 4. CONTRACT, PLANS AND SPECIFICATIONS: The contract, plans and specifications are intended to supplement each other. In case of conflict, the specifications shall c ontrol the plans, and the provisions of this contract shall control both. The Project will be constructed according to the plans an d specifications and any addenda, which have been signed by the parties hereto. 5. CHANGE ORDERS: Should the Contractor, Owner, inspector or other person direct any modification or addition to the work covered by this contr act, the contract price shall be adjusted accordingly. Modifications or additions to the work shall be executed only when a contra ct Change Order has been signed by both the Contractor and/or Owner and Ross Recreation. The change in the contract price caused by such contract Change Order shall be as agreed and approved in writing. If the parties are not in agreement as to the chang e in Contact Price, then Ross Recreation's actual cost for all labor, materials, subcontracts and costs associated with the change in scope, plus Ross Recreation's fee of twenty -five percent (25%) shall be the change in the final contract price and final amou nt due. Ross Recreation shall promptly notify the Contractor or Owner of (1) a site differing materially from those indicated in this contract, (b) unknown physical conditions differing materially from those originally encountered and generally recognized as inherent in the work of the character provided for in this contract, or (c) any additional materials needed to complete the agreed upon scope of work. Any expenses incurred due to such conditions shall be paid for by Contractor or Owner as added work as outlined above. Docusign Envelope ID: 07B37742-8478-43C2-BD88-38BDCEEDF8AE