City of Piedmont
COUNCIL AGENDA REPORT
DATE: July 7, 2025
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of the Award of a Contract for Linda Beach Tot Lot Playground Equipment toRoss Recreation Equipment in the Amount of $133,938.36, Approval of an Overall Construction Budget of $147,333, and a Finding that the Project is Categorically Exempt Under the California Environmental Quality Act (Section 15301)
RECOMMENDATION
By a single motion, take the following actions regarding the Linda Beach Tot Lot Improvement Project:
1. Approve the award of the Contract for the Linda Beach Tot Lot Playground Equipment to Ross Recreation Equipment based on their submitted bid of $133,938.36;
2. Approve the overall Estimated Construction Budget of $147,333, which includes the construction cost and a 10% contingency;
3. Finding the project to be exempt under the California Environmental Quality Act Guideline 15301(c);
4. Authorize the City Administrator to execute project related documents.
BACKGROUND
The Beach Tot Lot Improvement Project began in earnest with a 2018 neighborhood petition from playground users asking for equipment upgrades for the northern end of Linda Park. In 2019, the Piedmont Beautification Foundation raised $100,000 to support the installation of new play equipment in this space.
This contract for playground equipment is the second of three contracts for the Linda Beach Tot Lot Project. At the June 16, 2025 meeting, the City Council approved a contract award for ADA access, demolition of the existing equipment, and site preparation for installation of new playground equipment. The attached contract is for the purchasing and installation of the play equipment using the NPPGov procurement process.
In July and August of 2024, Staff reached out to multiple playground equipment companies to develop concept sketches for the tot lot. After reviewing numerous product lines, three possible suppliers were selected: Miracle Play Systems, Dave Bang Associates and Ross Recreation Equipment.
The project was presented to the Park and Recreation Commissions, after which the Park and Recreation Commissions each appointed a commissioner to meet with City staff. Over a twomonth period, commissioners reviewed playground options and provided feedback on equipment design.
DISCUSSION
Community engagement for the tot lot began with an informational presentation at the August 7, 2024 Park Commission meeting. A presentation to the Recreation Commission occurred later that same month. Outreach to neighbors adjacent to the park included a flyer distribution to over 120 households as well as meeting notices posted at the tot lot in both English and Spanish.
In the following months, the Park and Recreation Commissions received monthly updates at their meetings. In late January and early February of 2025, the City hosted two in-person events at the tot lot, one during the work week and a second event on a Saturday morning.
Responding to Commissioners’ desire to obtain feedback from young users, the events included options for young users to express their preferences - the City’s Communication Manager developed posters at both ground level for the tots to review, and on easels for adult users to provide feedback. Participants were asked to post stickers on their favorite pieces of equipment, color palettes and matting types.
Following the outreach event, an online survey was developed. The online survey received 46 responses with respondents expressing priorities. The survey highlighted the following key components that park users valued: an appreciation for the safety of an enclosed space, proximity to home and a walkable location, a predominance of 2-5 year old users, the importance of climbing, swings and slides, a preference for rubber matting versus playground turf and interest in a strong visual theme.
Responding to the feedback the City received, the colorful and sculptural Forma product line was selected which offers a unique contemporary take on traditional play structures. The selected equipment includes the installation of swings, a slide and bridge, sensory panels, balance and climbing structure, wood stepping stones and a modern interpretation of a tire swing. The matting consists of two vibrant blue and green colors with the blue matting mimicking a meandering creek running through the tot lot. The equipment will be placed in such a way that it traverses the creek themed matting, creating a playful journey for toddlers as they explore and play.
The City’s purchasing ordinance allows utilization of cooperative purchasing arrangements. The play equipment will be purchased using a contract with National Purchasing Partners Government (NPPGov). The City is a member of NPPGov, which is a national cooperative procurement organization offering publicly solicited contracts to government entities nationwide. NPPGov holds hundreds of competitively solicited cooperative contracts, including those for playground equipment and installation. The price for the play equipment and installation under this cooperative purchasing agreement is $135,000. A third contract for playground matting will be matting will be presented to Council at a future meeting.
SCHEDULE OF CONSTRUCTION
If the contract is awarded at this City Council meeting, it is anticipated that the work will begin in July. The equipment installation will follow the demolition and site preparation work, which is currently under contract with Norgo Engineering. Equipment has an 8 – 10 week lead time, and installation is anticipated to commence in September or October, with approximately 6 weeks to complete installation. Accordingly, the project covered under this scope of work should be completed in October.
Agenda Report Page 2
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301, which applies to the repair and maintenance of existing public facilities that involve negligible or no expansion of use. Because the project concerns the removal of existing public facilities, including ramps, pathway, fencing, surfacing, and equipment; and replacement with similarly sized facilities, matting, and equipment, this project is exempt under Section 15301.
FISCAL IMPACT
Based on the recommended award amount, staff is proposing the following budget:
Equipment Construction $ 133,938.36
Construction Contingency (10%) $ 13,394.64
Total Estimated Equipment Construction Budget $ 147,333.00 The total project budget is:
Work Contractor Amount Contingency Total
Design Coastland $ 22,480.00 $ 2,248.00 $ 24,728.00
ADA/Demo Norgo $ 123,950.00 $ 12,395.00 $ 136,345.00
Equipment Ross
Recreation
$ 133,938.36 $ 13,394.64 $ 147,333.00
Matting TBD TBD TBD TBD
CM/Inspection Coastland $ 10,000.00 $ 1,000.00 $ 11,000.00 Project Total $ 319,406.00
Funding for the project is included in the Approved FY 2025-26 budget. The funding breakdown is:
Piedmont Beautification Foundation $ 100,000
Facilities Capital Fund (#112) $ 300,000
Total Estimated Project Construction Budget $ 400,000
Additional costs will be incurred asthe playground matting is a separate bid and will be awarded separately. The total project remains within the total allocated budget.
CITY ATTORNEY REVIEW
The City Attorney has reviewed the staff report and the Agreement.
By: Daniel Gonzales, Public Works Director
Nancy Kent, Parks Project Manager
John Wanger, City Engineer
Agenda Report Page 3
Attachments:
A. Agreement
B. Playground Equipment
Agenda Report Page 4
CONTRACT
This Contract made July 7, 2025 (“Effective Date”), between the City of Piedmont, California, a municipal corporation, 120 Vista Avenue, Piedmont, California 94611, ("City") and Ross Recreation, an ("Independent Contractor").
1. City is a municipal corporation which needs certain services and software as more specifically set forth hereafter.
2. Independent Contractor agrees to provide these services and software to the City under the terms and conditions set forth in this Contract (“Contract”).
3. Services
Independent Contractor shall provide the services as set forth in Exhibit A attached hereto and incorporated herein
4. Compensation
a. City will pay the Independent Contractor the sum of: $133,938.36 dollars for the services described in Section 3 above. City shall issue payment within 30 days of the satisfactory completion of the services described in Section 3 above.
5. Term
This contract shall begin on the Effective Date. Unless otherwise terminated as provided in this Contract, this Contract shall terminate one year from the Effective Date.
6. Contractual Relationship
The parties intend that an independent contractor-employer relationship will be created by this Contract. City is interested only in the results to be achieved, and the conduct and control of the work will lie solely with Independent Contractor. Independent Contractor is not to be considered an agent or employee of City for any purpose, and neither Independent Contractor nor any employees of Independent Contractor are entitled to any of the benefits that City provides for City's employees. It is understood that City does not agree to use Independent Contractor exclusively. It is further understood that Independent Contractor is free to contract for similar services to be performed for other cities, persons or entities during the term of the Contract. Independent Contractor shall be fully responsible for all income, social security or other taxes or deductions, including but not limited to worker's compensation and unemployment deductions, relating to the services it performs for City.
7. Indemnity and Hold Harmless
Attachment A Agenda Report Page 5
To the fullest extent permitted by law, Independent Contractor shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless City and its officers, elected officials, employees, agents, and volunteers (collectively “Indemnitees”) from and against any and all liability, claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Independent Contractor or its subconsultants), expense and liability of every kind, nature and description (including, without limitation, fines, penalties, incidental and consequential damages, reasonable court costs and attorneys fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of investigation) (“Liability”), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Contract by Independent Contractor or by any individual or entity for whom Independent Contractor is legally liable, including but not limited to, officers, agents, employees, subcontractors or consultants of Independent Contractor.
For design professionals (as that term is defined by Civil Code § 2782.8) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnitees from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time.
Neither termination of this Contract nor completion of the services shall release Independent Contractor from its obligations under this Section 7, as long as the event giving rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of any such termination or completion, and this section shall survive the termination of the Contract.
8. Insurance
The following minimum levels of insurance coverage shall be provided during the term of this Contract. Prior to the execution of the Contract, Independent Contractor shall provide proof of insurance required. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Independent Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Independent Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Attachment A Agenda Report Page 6
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City of Piedmont, its Council Members, directors, officers, agents and employees shall be named as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Independent Contractor including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Independent Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
For any claims related to this contract, Independent Contractor’s insurance coverage shall be primary insurance coverage (at least as broad as ISO CG 20 01 04 13) with respect to the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Independent Contractor’s insurance and shall not contribute with it.
Independent Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Independent Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Independent Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Independent Contractor shall require the insurer to provide City with 30-day prior notice of termination or material change in coverage and ten (10) days prior notice of cancellation for non-payment.
Attachment A Agenda Report Page 7
9. Assignability
Independent Contractor shall not assign, delegate, or transfer any interest in this agreement nor the performance of any Independent Contractor's obligations hereunder, without the prior written consent of the City.
10. Miscellaneous
As used in this Contract, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the others whenever the context so indicates.
11. Notices
Any notices to be sent pursuant to this Contract shall be given in writing, via facsimile and concurrently by prepaid U.S. certified or registered postage addressed to City at 120 Vista Avenue, Piedmont, California 94611, and to Independent Contractor at 100 Brush Creek Rd. #206, Santa Rosa, CA 95404, or at such other address as each party shall give the other in writing from time to time, and notices shall be deemed received at the time of personal delivery or three (3) working days after being placed in the United States Mail, postage prepaid, certified mail, return receipt requested.
12. Governing Law
This Contract shall be governed by the laws of the State of California. Jurisdiction and venue of litigation arising from this Agreement shall be in the County of Alameda, State of California.
13. Modification
Any modification of this Contract will be effective only if it is in writing signed by all parties to this Contract.
14. Time is of the Essence
Time is of the essence in the performance of this Contract.
15. Termination
The following provisions shall govern termination under this Contract:
a. Either party may terminate this Contract for cause as follows:
(1) The party electing to terminate shall give the other party written notice of termination at least five (5) days prior to the termination date, setting forth very specifically the grounds for termination, the specific provisions of the Attachment A Agenda Report Page 8
Contract that has been violated, and a full statement of the facts surrounding the violations(s).
(2) If the terminated party so elects, the parties shall meet promptly and make good faith efforts to resolve the violation(s) in a mutually agreeable way. (3) If any such violation cannot be resolved by the parties at such meeting, or at any mutually agreed extension(s) of such meeting, the termination shall proceed.
(4) If the violation(s) have not been resolved, the terminating party may proceed with termination, and with retaining other person(s) or entities to provide services, if the terminating party is the City. b. Either party may terminate the Contract at any time without cause upon at least sixty (60) days prior written notice to the other party. In the event of any such termination by City, Independent Contractor shall be paid for services actually performed through the date of termination, and Independent Contractor’s work shall be immediately discontinued as of that date, except that City may elect, at City’s option, to have Independent Contractor complete one or more projects or specific activities which are then in progress, in which case Independent Contractor shall be paid for such services until completion. If terminated by Independent Contractor, any assignment accepted by Independent Contractor prior to the notice of termination shall be completed if desired by City.
16. Equal Opportunity
Independent Contractor shall insure that its policies and practices provide equal opportunity to all applicants and employees without regard to race, color, creed, gender , age, religion, national origin, sexual preference, gender identity, marital status, disability, Acquired Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) and in addition, Independent Contractor must comply with the Americans with Disabilities Act.
17. Compliance with Laws
Independent Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Independent Contractor represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits, insurance and approvals which are legally required for Independent Contractor to practice its profession.
18. Entire Agreement
This Contract constitutes the entire agreement of the parties with respect to the matters set forth herein. Any amendments, modifications, or changes to this Agreement shall be Attachment A Agenda Report Page 9
in writing and signed by both parties. In the event of a conflict between the terms set forth in this Contract and the terms set forth in any exhibit to this Contract, the terms of this Contract shall govern over the terms of any exhibit.
19. Ownership of Documents
All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Independent Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Independent Contractor for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Independent Contractor or to any other party. Independent Contractor shall, at Independent Contractor’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Independent Contractor are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
20. Licenses
Independent Contractor represents and warrants that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Independent Contractor to practice its profession. Independent Contractor represents and warrants to City that Independent Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Independent Contractor to practice its profession.
21. Waiver
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
IN WITNESS WHEREOF, the parties have executed this Contract at Piedmont, California, the day and year first above written.
CITY OF PIEDMONT: _______________________________
By: ______________________________ By: ______________________________ City Administrator Title:
Attest:
Attachment A Agenda Report Page 10
________________________________
Anna Brown, City Clerk
Approved as to form and legality:
________________________________
Michelle Marchetta Kenyon, City Attorney
Deepa Sharma, Assistant City Attorney
Attachment A Agenda Report Page 11
NPP CONTRACT
ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:
ROSS RECREATION EQUIPMENT, INC.
100 BRUSH CREEK RD, #206 SANTA ROSA, CA. 95404
707.538.3800 - [email protected]
Quote #: 00045889
Quote Name: Linda Beach Tot Lot - Forma Design 01-03
Quote Total: $133,938.36
NPP Contract: PS21070
Billing Address:
Piedmont, City of
120 Vista Avenue
Piedmont, California 94611
Shipping Address:
Linda Beach Tot Lot
315 Howard Ave
Piedmont, California 94611
Quote Date: 6/10/25
Expiration Date: 7/10/25
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
Opportunity Name Lead Time Payment terms
Linda Beach Tot Lot Check with Sales Rep Net 30 On Materials Shipment
QTY PRODUCT DESCRIPTION UNIT PRICE SUBTOTAL
1.00 NPP Ross Discount NPP Discount on Play Equipment Materials. Please Provide Customer NPP # ($4,209.25) ($4,209.25)
1.00 Install - Play
Equipment
Installation of Landscape Structures design #1190178-03-02 by a manufacturer certified installer. Customer is responsible for ensuring there is bobcat access to the play area; if a bobcat is not able to access the area, a change order will be required for hand digging.
*Project DIR # needed for state Prevailing Wage projects. Quote does not include any additional labor, union or wage requirements. If project has additional labor requirements, additional costs will be incurred through a change order to the originally quoted labor prices shown on this quote unless otherwise noted. *Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high water table and/or other unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred. *Installation quoted includes standard manufacturer provided footing details. If different and/or engineered footing details are provided by the contractor/owner/specifier, a change order will be required. *Installation quoted includes installing footings through native soil or 95% compacted base rock. If installing through concrete, asphalt or through less compacted or permeable base or drain rock, or in other conditions, please provide additional details and a change order may be required. $29,465.00 $29,465.00
1.00 Bond Payment & Performance Bonds $3,901.10 $3,901.10
1.00 Forma Landscape Structures Forma Design #1190178-03-02 $84,185.00 $84,185.00 Totals
County/ City Tax (Alameda County 10.2500 %) Materials $79,975.75 Sales Tax $8,197.51
Labor/ Fees $33,366.10
Freight $12,399.00
Total $133,938.36
Notes to Customer
EXHIBIT A
Attachment A Agenda Report Page 12
NPP CONTRACT
ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:
ROSS RECREATION EQUIPMENT, INC.
100 BRUSH CREEK RD, #206 SANTA ROSA, CA. 95404
707.538.3800 - [email protected]
Quote #: 00045889
Quote Name: Linda Beach Tot Lot - Forma Design 01-03
Quote Total: $133,938.36
NPP Contract: PS21070
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
Attachment A Agenda Report Page 13
NPP CONTRACT
ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:
ROSS RECREATION EQUIPMENT, INC.
100 BRUSH CREEK RD, #206 SANTA ROSA, CA. 95404
707.538.3800 - [email protected]
Quote #: 00045889
Quote Name: Linda Beach Tot Lot - Forma Design 01-03
Quote Total: $133,938.36
NPP Contract: PS21070
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
Linda Beach Tot Lot Playground Replacement
NPP Contract Document
PREPARED FOR:
Piedmont, City of
120 Vista Avenue
Piedmont, California 94611
Credit Terms: Net 30 On Materials Shipment
GENERAL TERMS:
Thank you for choosing Ross Recreation Equipment for your project. This document outlines the arrangements for your selected products, labor and services. It will serve as a Contract Agreement (“Contract”) between Piedmont, City of (“Customer”) and Ross Recreation Equipment (“Ross Recreation”). All arrangements described in this Contract will be confirmed by returning your signed Contract Agreement no later than 7/10/25.
This Contract contains the entire agreement between Ross Recreation and the Customer and takes precedence over all previous quotations, estimates and agreements. No changes, amendments or modifications of this Contract shall be valid unless made in writing and signed by both parties.
Ross Recreation coordinates the ordering, production and shipment of materials with the installation of those materials, if we are providing installation of your equipment. Site readiness is a critical component of shipping coordination. If project and/or site readiness changes after materials are already produced, neither the manufacturer nor Ross Recreation, can hold and store such materials. Once materials ship, the materials will be invoiced based on customer's terms and payment for materials is require d regardless of installation status.
Credit terms are established by Ross Recreation and for this order are as follows: Net 30 On Materials Shipment. Pay when paid by the Owner is not accepted as alternative payment terms.
Sales tax rates will be charged and determined by the Department of Tax and Fee Administration at the time of shipping. Any changes to the County/City tax rate and/or a change to the ship to location may affect the final total due on this contract. The customer is responsible for these sales tax changes. For this order, the sales tax rate is as follows: (Alameda County 10.2500 %).
Labor costs quoted and contracted are good for six months. If the duration and/or timeline of the project and Ross Recreation ’s start date is extended beyond six months from the time of an executed contract, additional costs may be incurred reflecting current labor costs at the time the labor is performed.
Attachment A Agenda Report Page 14
NPP CONTRACT
ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:
ROSS RECREATION EQUIPMENT, INC.
100 BRUSH CREEK RD, #206 SANTA ROSA, CA. 95404
707.538.3800 - [email protected]
Quote #: 00045889
Quote Name: Linda Beach Tot Lot - Forma Design 01-03
Quote Total: $133,938.36
NPP Contract: PS21070
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 truck driver is not obligated to offload your shipment. If Ross Recreation is installing 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 (BOL), 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 order. When inspecting the equipment, please minimize the amount of tearing of the packaging and do not dispose of pack aging. If concealed damage is found, a Carrier inspection must take place within fifteen (15) days from the time of delivery to protect your rights as the Consignee. Store your equipment in a safe and secure location before installation. Returns are subjec t to a restocking 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 Contractor 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. 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 Attachment A Agenda Report Page 15
NPP CONTRACT
Quote #: 00045889
Quote Name: Linda Beach Tot Lot - Forma Design 01-03
Quote Total: $133,938.36
NPP Contract: PS21070
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
ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:
ROSS RECREATION EQUIPMENT, INC.
100 BRUSH CREEK RD, #206 SANTA ROSA, CA. 95404
707.538.3800 - [email protected]
SIGNATURES: In witness whereof, both of the Parties have executed this Contract, both Parties by its representative, as of the day and year set forth below. The signature assumes acceptance of stated payment terms. 2% per month late fees will be charged on delinquent payments. The signature below accepting this proposal will constitute a purchase order only upon Ross Recreation Equipment, Inc.’s approval. Customer receipt of an order acknowledgment constitutes such approval.
Customer Signature
Customer Print Name
Date
Attachment A Agenda Report Page 16
Linda Beach Playground Equipment
EXHIBIT A
Attachment B Agenda Report Page 17