|
40
<br />oPG4a35
<br />0'
<br />7. CANCELLATION: Any cancellation of this contract must be in writing signed by Purchaser/Owner and accepted by a corporate
<br />officer of SPS. Upon such cancellation, Buyer agrees to pay SPS immediately all costs and expenses Incurred by SPS in
<br />connection with the contract. Such costs and expenses shall include, without limitation, SPS's cost of labor applied to the
<br />contract, overhead, coals of 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 returned or accepted for credit without written approval of SPS's
<br />management.
<br />B. UNDERGROUND HIDDEN CONDITIONS: Unless noted In the plans and/or specifications, this proposal assumes there are no
<br />underground utility, petroleum, electrical or other piping, structures or encumbrances that will conflict or be damaged by
<br />demolition, excavation, concrete cutting or removal required to perform this project scope of work; and further assumes that the
<br />underground soil conditions and soil consistency will allow normal excavation and sloping of the excavated area without requiring
<br />over -excavation, sheet piling, dewatering, rock removal or shoring (if excavation is required); and if such underground damage,
<br />hidden conditions, or soil conditions are encountered, It will be construed as additional work, and an Extra Work Order or Change
<br />Order will be required due to this condition.
<br />9. UNIT COST: The Unit Cost Schedule (Exhibit B) Is attached to and made a part of this proposal, as may be applicable.
<br />10. DEWATERING: Unless noted elsewhere In this proposal, dewatering of excavated areas for removal and/or installation of
<br />underground tanks, piping and associated equipment or foundations shall be an additional cost to the project, and said cost shall
<br />be determined based on existing site conditions at the time of excavation.
<br />it. TANK REMOVAUABANDONMENT CONDITIONS: This proposal, per the project scope of work, includes abandonment and or
<br />removal of tank(s) and submittal to the State and respective local agencies for all necessary documentation for disposal. Tha
<br />stated prices do not Include disposition of contaminated soil or water if encountered. If encountered, these items v,ill be
<br />considered an extra and quoted upon receipt of analytical test results for the soil and/or water. The stated price assumes that the
<br />tank(s) contents will be emptied by the owner prior to arrival on site by SPS. All sludge/product remaining in the tank(s) will be
<br />disposed of in accordance with Federal, State and local regulations. Any cost associated with processing and disposal will be
<br />paid by the owner. (See attached Exhibit B - Unit Cost 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 Purchaser/Owner, or the Contractor/Seller, shall only be performed or changed after
<br />Issuance of a written Change Order or Purchase Order and signed acceptance by an authorized individual for both the
<br />Purchaser/Owner and the Contractor/Seller. Verbal changes will not be valid.
<br />13. HOLD HARMLESS AGREEMENT: The Purchaser/Owner shall hold the Contractor/Seller harmless for any damage, accidents,
<br />contamination or injuries that may occur to, or on, the project property, adjacent structures, and/or persons on the project property
<br />relating to the execution of the proposed scope of work or authorized changes thereto.
<br />14. PROPERTY INSURANCE: Unless otherwise provided, the Purchaser/Owner shall provide property insurance (Bulldet's Risk
<br />Insurance) in the amount of the current Contract Sum for the work at the site, on a replacement cost basis, until final completion
<br />of the scope of work; and such Insurance shall Include the interest of the Purchaser/Owner and Seller/Contractor.
<br />15. REMEDIES UPON BREACH: If Purchaser/Owner breaches this contract, SPS shall be entitled, in addition to any other remedy
<br />at law or equity, to recover all costs and expenses Incurred by SPS in connection with the contract. Such costs and expenses
<br />shall include, without limitation, SPS's costs of labor applied to the contract, overhead, costs of any materials applied to or
<br />ordered for the contract, and any charges imposed on SPS by its suppliers or subcontractors. if SPS breaches this contract,
<br />Purchasers/Owners exclusive remedy shall be to terminate this contract by written notice thereof to SPS, and to receive a refund
<br />of the Invoice price, If previously paid, of any equipment that has not been shipped or otherwise Identified to the contract as of the
<br />date of such termination. Notwithstanding such termination of the contract, however, Purchaser/Buyer 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 paid, ana shall be
<br />entitled to receive such equipment from SPS upon SPS's receipt of such payment. In no event shall SPS be liable for any
<br />additional damagLs of any kind, including, without limitation, Incidental or consequential damages.
<br />16. COSTS OF COLLECTION AND ENFORCEMENT/GOVERNING LAW: Purchaser/Owner shall pay all of SPS's co t s
<br />Including reasonable attorneys fees, in collecting any amount not paid when due thereunder or of otherwise enforcing the terms
<br />and conditions of this contract. This proposallcontract shall be governed by Florida law; and SPS may, In its sole discretion,
<br />bring and/or maintain any action seeking to enforce the provisions hereof In any stale or federal court of competent jurisdiction
<br />located In Duval County, Florida.
<br />4r1197•W ORDVorms%-ommonW-prop. doe
<br />
|