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SSIMNG 1I# fE ISMIV+'IPlO1JS111T 9HiC[ 1957
480 SOUTH EDGEwOOD AVENUE,32205, PO BOX 6746, 32236.6746, JACKSONVILLE, FLORIDA USA PHONE 404 384-1000 FAX 904 384.4404
- MiAMI 305 5.58.0440 ORIAN00 407 481-9755 TAMPA 813 620.3300
September 30, 1998
Indian 'River County Fleet Fueling Facility
Attention: Mike Owens
4552 4VStreet
Vero Beach, Fl, 32960
PROJECT: Indian River Counly Fleet Fueling Faculty
4552 41`I Street
Vero Beach, Florida
RI-: PROJECT PROPOSALIAGREEMENT
Dear Mr. Owens
We are pleased to submit this proposal to perforin the.eeope of work as described on the project plans
and specifications, and/or this proposal, which shall define the project scope of work.
CONSTRUCTION SCOPE OF WORK:
1.1 Obtain permits related to this scope of work -
1.2 Perform a preconstruction tank test ori three (3) existing tanks.
1.3 Remove three dispensers from the islands and blow back the product lines.
1.4 Remove and dispose of concrete ill IIIc following dimensions: (3 cacti) 2' x 2' around dispensers,
3'X 8' from the tanks to the vent risers, 16' x 26' from tank slab over the submerged pumps, and
3'x 30' between the dispensers.
1.5 Remove arm properly dispose of approximately 130 if. of steel product piping and 30 if- of steel
vent piping.
1.6 Furnish and insist] (3) fiberglass dispenser sumps in existing islands.
1.7 Furnish and install (3) fiberglass sumps around existing Submerged pumps.
i.8 Furnish and install 140 If of Western flexible product piping.
1.9 Furnish and Install 2" fiberglass underground piping with 2" galvanized vents.
2,4 Furnish labor, materials, and equipment to form and pour conixete, reinforced with #4 rebar, in
the dimensions and areas as remover) above.
2.1 Reuse existing islands and bumper post.
2,2 Finnish labor and materials to paint (12) bumper post, (3) islands, and (3) STP manhole covers -
2 ,3
overs.2,3 Ciean up construction debris and trash from work performed by Southern Pelroleurn Systems.
Construction `Installation Lump Sum Amount............................................................................ $49,585.
ALTERNATES:
1. Close existing underground larks in plane. form and pour new above ground tank slabs.
Furnish and Install two (2) Modem Welding above. ground double wall steel lank% protected by
eighteen (18) , 6" x 6' hollards. Reuse existing STP's and Tepipe as above. Add $59,270.44 and
eight days to the hemp sum above, or a tntal of 5108,055.00.
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2. Furnish and install three (3) Gasboy fuel dispensers and a Veeder Root fuel lank monitor to the
above ground lank system, add $25,152.Oft.
NOTES:
1. Time of Construction; The estimated time of construction for the scaled scope of woO, Is (i 1)
working days from the date of commencement of work on the project, subject to rain delays
and/or other conditions not under the control of Southern Petroleum Systems.
2. Plans/Specificaltons: An amount of $0.00 for plans and specifications is Include(] in chis
proposal, Any additional cost for required plans and/or specifications shall be an extra cost to the
proposed price.
3. Permits: An allowance of $3OO.00 Is included in this proposal for permits. Any addilional cost
for obtaining the required permils shall be an extra cost to the proposed base price.
4. Exhibits "A" and W are attached to, and made a part of, this proposal.
5. This proposal is limited to the quantity of materials listed in the attached Construction Materials
Requirement Schedule; additional materials may result in an increase In the contract amount.
6. The concrete being ietnoved and replaced is jiasd uti up lu $" drive stab thickness and an 8"
tank slab thickness, using the specified area measurements above; addilionat thickness or sizing
of the slabs may result in an increase in the contract amount.
7. Prior to tank removal, it is the owner's responsibility to have the tanks pumped empty of product_
a. Contaminated Wafer/Soil: This quotation does not include the removal andlur disposal of
contaminated water and/or contaminated soils, and if required, contaminated water and/or
contaminated soils witl be removed of and disposed of per Florida Department of EnvlronrnPntat
Protection specifications and regulations for an additional charge based upon a unit cost per
gallon or unit cost per cubic yard, including transportation.
9. Tank Excavation Backfill: This proposal assumes use of existing o site fill materials. Additional
backfill materials, if required, will be provided per unit cost schedule.
10. Dewatering: Provisions for dewatering are not included In this proposal. Should dewatering be
required, cost will be on a time and material basis with cost submitted under separate hid.
11. Soils from existing tank farm are assumed to be uncontaminated and can be reused,
12. The cost of sheet piling, if required, is net included in this quote.
13. Asphalt repairs will be done by Owner.
14. Start tip of new or existing equipment will be performer) by SPS'S service department on a time
and material basis.
15. SPS will provide an electrician to perforin the work contnined in notes.
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Thank you for your consideration of Southern Petroleum Systems Incorporated, and we look forward Io
the possibility of working with you for the successful completion of this project. If you have any questions
please feel free to contact us.
Cordially,
SOUTHERN PETROLEUM SYSTEMS
!/t&A (0a- c 2')
Brad Walters
Sales/Project Manager
Date:
enclosure
Approval/Acceptance By SPS Authorized Officer
I I Approved I1 Approved as Noted Date:
By: Title:
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Exhibit"A:'
TERMS AND CONDITIONS
Mike 0"ri &
00n60+ t, loess
I R C man
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Staled Terms a Conditions of sales between Southern Petrolewn Systems Incorporated ("SPS"), as Seller, and PurchaserlOwner
I . GENERAL PRGVISIoNS: The prices and terms of this proposal are valid for a period or Ihhty (30) days from the date of (his
proposal. SPS has The right to correct any stenographic or clerical errors in any of the writings issued by It. The terms and
conditions stated herein constitute the complete and exclusive statement of terms and conditions or this proposal£conlracr, and
there are no other promfses, conditions, understandings, rapresentaliens, or warranties of any kind, verbal or written It Is also
mutually agreed that all terms, conditions, and provisions whether printed, stamped, lypod, of written on customer's purchase
order or other communications (except tine desrdplion and specifications or goods ordered, quantity, price, invoice number, and
shipping Instructions) shall be ineffective, and nor applicable It is expressly understood and agreed that SPS's obligation to
make any payment to subcontractors, consultants, laborers or material suppliers Is contingent and absolutely subject to tile
condition precedent that the Prlrchaser)Owner makes payment to SPS for the approved scope of work, labor or maleilat as
requested by the contractor, subcontractor, consultant or material supplier. This proposallcontracl may he modirled only In
writing, and signed by an execultire officer or SPS to he effective, The failure of SPS 10 enforce any right thereunder will not he
construed as a waiver of its rights to performance in the future.
OFFER AND ACCEPTANCE: This proposal and acceplance by Puichnsettowner is subject to acceptance by an authorized
SPS corporate ofrfcer. SPS reserves the righl to approve and extend credit to all PnfCh38er510wner5 Will the eslabifshmenl of
satisfactory credit terms andlor payment condiltons acceptable to SPS. To Purchasers£Owners with approved credit, tine
slandard payment terms (ur less modified in writing in this proppr4) are as rollows:
Owvn SSIpS;
1 } Conslructlonllnslallalton Deposit: Twenty-five Percent (25'X) of Contact Amount io
be paid with Acceptance of Proposal, and Twenty-five Percent (25'7[) to be paid upon
obtaining all prujecT nerjnjls, plus permit costs, II any, whfch are In
excess of Permit Allowance Amm int
2.) ConstructlorifInslallation: Nei Due Ten (10) Days from Invoice Date; Will Progress
Blgings to he trnvolced up to Bt -weekly Periods.
3.) EquipmentlParls: Net Due Five (5) Days from Invoice Date
4 ) Special Terms
(Terms to be acknowledged by Purchaser'slOwner's and SoAhenl
Petroleum Systems' initials.)
3, SOURCE OF PAYMENT FUNDS: This proposal acceptance by all authorized SPS corporate officer shall require live
Idenlificallon and executfon of the Source of Funds documents In Ifie form of Exhibit H or Exhibit B-1, which Is attached to and
made a part of (ills ProposallAgreement, untess waived specilIcally and only by an aulhorized SPS corporate, officer
4. WARRANTY: The equipment andlnr parts included in this proposal are specifically warranted only to (lie extent of warranties In
effect at the time of purchase and/or installation as provided by the manufacturer of tin cnariur PA 8PS
2x'aeAs nu wduaniy of any kind with respect to file functionality of equipment or parts; and any and all such warranties,
expressed or Implied, Including warranilea of merchantability or fitness for a particular purpose, are hereby disclalmed. SPS shall
not be responsible Tar loss or damage to equipment or merchandise while in transit on common carrier; and claim -4 for such
damage shall he made by the Purchaserlowner against tine common carrier.
5. TIME OF SHIPMENT: SPS will use reasonable diligence to meet the scheduled shipment dates provided herefn, which are
estimates and not (guarantees of when the equipment will achralty be shipped. In no event shall SPS be liable for any toss or
damage of any kind to any person. inelderlal or consequential, due to delays In shipments Ptryer's accepfence at delluery shatll
constitute a wavier of any damage or delay.
B FORCE MAJEURE: SPS shall not be liable for damages of any kind caused by delays in shlpmenl, delNery, or any other
raonperrormance of the contract direclly or indlreclly resuiling from or contributed to by any circum4lancea beyond Spws control,
Including, without limitation, accident to SPS"a plant or equfpmenl, rials, wars or national emergencPes, labor disputes or every
kind however caused, embargoes, non-delivery by suppliers, tnAhlllty to obtain suppties through normal sources or supplies,
delays by carriers or postal auflinrtllas, or governmental resiffctions, prohibitions or d1verslons The ricrufrerice of any such
Orcu ru iance shall operate to extend SPS's time or performance thereunder for a perlod not less than the period of such delay
In the event of any such clrcurnslance, SPS may allmrate its production and deilveries arrinng itc cr5lomers as p may deckle in its
sthln discretion
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Mike [irons
October 1. 1990
I R C rr,el
Pa@e 5
of
7 CANCELLATION: Any cancellation of this conbacl must be in writing signed by PIIIChaser1Owner and accepled by a corporals
officer of SPS Upon such canceilallon, Buyer agrers to pay SPS immedlateTy all costs and expenses Incurred by SPS in
connection with the conlract. Such costs and expenses shall Include, wilhoul hmflalton, BPS's cost of labor applied to the
contract, overhead, costs or any materials applied to or ordered for the contract. and any charges Imposed upon SPS by its
suppliers or subcontractors No equipment or parts shall be relurned or accepted for credit without written approval of SPS's
management.
a. UNDERGROUND HIDDEN CONDITIONS Unless rioted In rhe plans andlor specifications, ihls proposal assumes there are no
underground uliiily, petroleum, PTeclrical or other piping, siructnres or encumbrances that will conflict or be damaged by
demolition, excavation, concrete culling or removal required to perform tills prajecl scope of work, and further assumes that the
underground soil conditions and soli consistency VIII allow normal excavation and Sloping of the excavated area without requiring
over. excavation, sheel piling, dewalering, rack removal or ShOling (if excavation is rertulreft and if such underground damage.
hidden conditions, or soil conditions are encounlered. It will be construed as additional work, and art Extra Work Order or Change
Order will Ire required due to lids condition
9 UNIT COST: The Unit Cost Schedule (Exhlblt B) Is aliarhed to and made a part of this proposal, as may be applicable
10 DEWATERING: Unless noted elsewhere In this proposal, dewalering of excavated areas for removal andlor Installalion of
underground tanks, piping and associated equipment at loundaltons shall he an additional cost to the project; and said cast shall
be determined based an existing site conditions at the time of exr_ovaiion.
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111. TANK REMOVALIAt3ANUUNMENT CONDITIONS: i his proposal, per the project scope of work, includes abandonment andlor
removal of lank(s) and submittal to lire Stale and respertive local agenHes for all necessary documantallon for disposal. The
staled prices do not include dispasillon of contaminated soil or water It encountered. If encountered, these Items will be
considered an extra and quoted upon receipt of analylicaT lest results for the sail andlor water The slated price assumes that The
tanks) contents will he emptied by the Owner prior to arrival on silo by SPS All sludgelproducl rernainTng In the lank(s) will be
dfsposed of In aerccrdance with Fedoial, State -snd fecal o gulalfons. Any cost associated will) processing and disposal will be
paid bythe owner. (See attached Exhlbit B • Unit Cosi Schedule.)
12. CHANGES IN THE SCOPE OF WORK OR EQUIPMENT Any changes in the scope of work or equipment specified In this
proposal as may be requested by the PurchaserfOwnw, or the COMFEIClaNSeller, shall only be performed or changed after
issuance of a wriiten Change Order or Purchase Order and signed acceptance by an authorized individual for both the
PurchaserlOVner and the ContracicriSelter. Verbal changes will riot be valid.
13. HOLD HARMLESS AGREEMENT The PurchasellOv+net shall hntd the ContraclorlSeller harmless for any damage, accidents,
contamination or injuries that spay occur lo, or on, the project properly, adjacent structures, andlor Persons an the projerl properly
relating to the execution of the proposed scope of work or authorized changes thereto.
14. PROPERTY INSURANCE: Unless otherwise provided, the PurchaserlOWneT shall provide Property insurance (BuRder's Rlsk
Insurance) In Phe amount of the current Contract Stem for the work at the site, on a replacement cost basis, until final completion
or lite scope of work; and such insurance shallInclude the Inleresi of the PurchaseriOwner and SellerlConlractor
15, REMEDIES UPON BREACH: If PrlrchaserlOwennr breaches tills Contract. SPS shall be enllued, in addition to any tither remedy
at law or equity, to recover all casts and expenses Incurred by SPS In connection with the conhact. Such costs and expenses
6hailr„uiurir, w&n.rui ilrmlation, SPS s cosi3 01 labor applied to the contract, 'overhead, costs of any material, apptlad to or
orderer) for the contract, and any charges imposed an SPS by its suppliers or subcontractors If SPS breaches this contract,
PurCllaSer SJ`0Wners exclusive remedy shall be to terminate Ihis contract bywfiUen notice thereof to SPS, and to receive a refund
of the Invoice price, If previously paid, of any equipment that has not heen shipped of otherwise identified to (lie contract as of
dale of such termination. Notwillistanding such terminallnn of the contract, however. Purcllaser1f3L1yer shall Immediately pay SPS
the Invoice price of any equipment that has been so shipped or so Identified to the contract, If not previously pald, and shall be
entified to receive such equlpmrmt from SPS upon SPS's reretpl of such payment. in no event shall SPS he liable for any
additional damages of any kind, including, without Ilmitation, Incidental or consequential damages
16. COSTS OF COLLECTION AND ENFORCEMENTIOOVERNMr3 LAW' llurchaser/Owner shall Pay all of BPS's costs,
Including teasonable aticrneys fees, In collecting any amount not paid when due thereunder or of otherwise enforcing the terms
and conditions of tills contract This proposaVconhact shall be governed by Florida law; and SPS may, In ils sole discretion,
bring andlor malntain any anion seeking Io enforce the provislons hereof in any slate or federal court of cornpelettT judsdicllon
located in Duval Co,+nly, Florida
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