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 5 of 6 For rubberized surfacing installations, Ross Recreation will require the use of temporary cyclone fencing or a security guard for the curing period following the installation of the rubberized surfacing. If fencing or security is declined, Ross Recreation will require a waiver form provided and signed by the customer accepting liability for securing the site during the surfacing cure time of f orty- eight hours. Ross Recreation excludes any work or items not explicitly listed in the ordered quote and scope of work or otherwise included by reference in this contract. Any additional materials and/or work requested shall be subject to a separate agreement or Change Order. 9. CLEAN-UP: If Ross Recreation is installing your equipment, upon completion of work, Ross Recreation will remove debris and surplus mate rial created by its operation on Owner's property and leave the area where the construction occurred in a neat and broom clean condition. Off haul of spoils from footings or other construction work is excluded from Ross Recreation's scope of work unless otherwise noted. The customer is to provide a location for spoils to be stored/distributed on -site. If spoils are to be removed from the sit e, Ross Recreation must be notified and included in the agreed scope of work. 10. ARBITRATION: Any controversy arising out of this contract, construction of the project referred to in this contract or regarding the inter pretation of this contract, or any subcontract or sub -subcontract is subject to arbitration. Arbitration shall be had in accordance with the applicable rules of the American Arbitration Association which are in effect at the time the Demand for Arbitration is filed. 11. ATTORNEY FEES: In the event , the parties hereto become involved in litigation arising out of this contract, or the performance or breach thereof, the court or arbitrator, in such litigation, or in separate suit, shall award reasonable costs, expenses , and attorney's fees to the prevailing party. The court or arbitrator shall not be bound by any court fee schedule and shall award the full amount of cos ts, expenses , and attorney's fees incurred in good faith. 12. ASSIGNMENT: Neither party may assign this contract without the written consent of the other party. 13. HAZARDOUS MATERIALS: Unless specifically called out in the contract, this contract does not contemplate the removal or disturbance of asbestos, le ad, mold or other hazardous material. The Contractor or Owner warrants that no such material is present. In the event that such material is encountered, Ross Recreation shall stop work immediately and will not start work again until such hazardous materials are cle ar of the site. 14. NON UNION CONTRACTORS: Ross Recreation will provide labor using a subcontractor for all installation and labor quoted. Neither Ross Recreation nor o ur subcontractors are signatory to any unions; however compliance with prevailing wage rate requirements will occur in complianc e with the Department of Industrial Relations (DIR) guidelines. If union enrollment is required by Ross Recreation's subcontractor a nd they are able, willing and agree to the enrollment for completion of this project, Ross Recreation will require a change ord er to cover the costs on a per project enrollment and additional wage/benefit requirements. Docusign Envelope ID: 07B37742-8478-43C2-BD88-38BDCEEDF8AE