|
•
<br />40
<br />r
<br />0
<br />Mike [irons
<br />October 1. 1990
<br />I R C rr,el
<br />Pa@e 5
<br />of
<br />7 CANCELLATION: Any cancellation of this conbacl must be in writing signed by PIIIChaser1Owner and accepled by a corporals
<br />officer of SPS Upon such canceilallon, Buyer agrers to pay SPS immedlateTy all costs and expenses Incurred by SPS in
<br />connection with the conlract. Such costs and expenses shall Include, wilhoul hmflalton, BPS's cost of labor applied to the
<br />contract, overhead, costs or any materials applied to or ordered for the contract. and any charges Imposed upon SPS by its
<br />suppliers or subcontractors No equipment or parts shall be relurned or accepted for credit without written approval of SPS's
<br />management.
<br />a. UNDERGROUND HIDDEN CONDITIONS Unless rioted In rhe plans andlor specifications, ihls proposal assumes there are no
<br />underground uliiily, petroleum, PTeclrical or other piping, siructnres or encumbrances that will conflict or be damaged by
<br />demolition, excavation, concrete culling or removal required to perform tills prajecl scope of work, and further assumes that the
<br />underground soil conditions and soli consistency VIII allow normal excavation and Sloping of the excavated area without requiring
<br />over. excavation, sheel piling, dewalering, rack removal or ShOling (if excavation is rertulreft and if such underground damage.
<br />hidden conditions, or soil conditions are encounlered. It will be construed as additional work, and art Extra Work Order or Change
<br />Order will Ire required due to lids condition
<br />9 UNIT COST: The Unit Cost Schedule (Exhlblt B) Is aliarhed to and made a part of this proposal, as may be applicable
<br />10 DEWATERING: Unless noted elsewhere In this proposal, dewalering of excavated areas for removal andlor Installalion of
<br />underground tanks, piping and associated equipment at loundaltons shall he an additional cost to the project; and said cast shall
<br />be determined based an existing site conditions at the time of exr_ovaiion.
<br />,.t.e
<br />111. TANK REMOVALIAt3ANUUNMENT CONDITIONS: i his proposal, per the project scope of work, includes abandonment andlor
<br />removal of lank(s) and submittal to lire Stale and respertive local agenHes for all necessary documantallon for disposal. The
<br />staled prices do not include dispasillon of contaminated soil or water It encountered. If encountered, these Items will be
<br />considered an extra and quoted upon receipt of analylicaT lest results for the sail andlor water The slated price assumes that The
<br />tanks) contents will he emptied by the Owner prior to arrival on silo by SPS All sludgelproducl rernainTng In the lank(s) will be
<br />dfsposed of In aerccrdance with Fedoial, State -snd fecal o gulalfons. Any cost associated will) processing and disposal will be
<br />paid bythe owner. (See attached Exhlbit B • Unit Cosi Schedule.)
<br />12. CHANGES IN THE SCOPE OF WORK OR EQUIPMENT Any changes in the scope of work or equipment specified In this
<br />proposal as may be requested by the PurchaserfOwnw, or the COMFEIClaNSeller, shall only be performed or changed after
<br />issuance of a wriiten Change Order or Purchase Order and signed acceptance by an authorized individual for both the
<br />PurchaserlOVner and the ContracicriSelter. Verbal changes will riot be valid.
<br />13. HOLD HARMLESS AGREEMENT The PurchasellOv+net shall hntd the ContraclorlSeller harmless for any damage, accidents,
<br />contamination or injuries that spay occur lo, or on, the project properly, adjacent structures, andlor Persons an the projerl properly
<br />relating to the execution of the proposed scope of work or authorized changes thereto.
<br />14. PROPERTY INSURANCE: Unless otherwise provided, the PurchaserlOWneT shall provide Property insurance (BuRder's Rlsk
<br />Insurance) In Phe amount of the current Contract Stem for the work at the site, on a replacement cost basis, until final completion
<br />or lite scope of work; and such insurance shallInclude the Inleresi of the PurchaseriOwner and SellerlConlractor
<br />15, REMEDIES UPON BREACH: If PrlrchaserlOwennr breaches tills Contract. SPS shall be enllued, in addition to any tither remedy
<br />at law or equity, to recover all casts and expenses Incurred by SPS In connection with the conhact. Such costs and expenses
<br />6hailr„uiurir, w&n.rui ilrmlation, SPS s cosi3 01 labor applied to the contract, 'overhead, costs of any material, apptlad to or
<br />orderer) for the contract, and any charges imposed an SPS by its suppliers or subcontractors If SPS breaches this contract,
<br />PurCllaSer SJ`0Wners exclusive remedy shall be to terminate Ihis contract bywfiUen notice thereof to SPS, and to receive a refund
<br />of the Invoice price, If previously paid, of any equipment that has not heen shipped of otherwise identified to (lie contract as of
<br />dale of such termination. Notwillistanding such terminallnn of the contract, however. Purcllaser1f3L1yer shall Immediately pay SPS
<br />the Invoice price of any equipment that has been so shipped or so Identified to the contract, If not previously pald, and shall be
<br />entified to receive such equlpmrmt from SPS upon SPS's reretpl of such payment. in no event shall SPS he liable for any
<br />additional damages of any kind, including, without Ilmitation, Incidental or consequential damages
<br />16. COSTS OF COLLECTION AND ENFORCEMENTIOOVERNMr3 LAW' llurchaser/Owner shall Pay all of BPS's costs,
<br />Including teasonable aticrneys fees, In collecting any amount not paid when due thereunder or of otherwise enforcing the terms
<br />and conditions of tills contract This proposaVconhact shall be governed by Florida law; and SPS may, In ils sole discretion,
<br />bring andlor malntain any anion seeking Io enforce the provislons hereof in any slate or federal court of cornpelettT judsdicllon
<br />located in Duval Co,+nly, Florida
<br />407ar7-W0RN mryronm A, r,” d.0
<br />
|