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<br />250,000-Gallon Ground Storage Tank <br />City of Casselberry, FL <br />Modifications <br />Revised January 18, 2005 <br /> <br />January 11, 2005 <br />Page 3 <br /> <br />d. Complete lock out and tag out of the subject tank prior to personnel <br />entering the tank. Owner will be required to provide all materials for this <br />process. Crom Engineering and Construction Services, Inc. will review the <br />procedures before entering the tank. <br /> <br />e. Dewatering of subject tank prior to arrival. <br /> <br />f. Any permit or other governmental fees as may be required for the work. <br /> <br />g. Disinfection and refilling of the tank's contents. <br /> <br />6. BACK CHARGES AND CLAIMS FOR EXTRAS <br /> <br />No claim for extra services rendered or materials furnished will be valid by either <br />party unless written notice thereof is given during the first ten days of the calendar <br />month following that in which the claim originated. Crom Engineering and <br />Construction Services, Inc.'s claims for extras shall carry 30% for overhead and <br />10% for profit. <br /> <br />7. DELAYS <br /> <br />It is agreed that we shall be permitted to prosecute our work without interruption. <br />If delayed at any time for a period of 24 hours or more by an act or neglect of the <br />owner, his representative, or other contractor employed by him, or by reason of <br />any changes ordered in the work, we shall be reimbursed for our actual additional <br />expense caused by such delay, including loss of use of our equipment, plus 30% <br />for overhead. <br /> <br />8. LABOR <br /> <br />This proposal is predicated on open-shop labor conditions, using our own <br />personnel. If we are required to employ persons of an affiliation desirable to the <br />owner or other contractor employed by him thereby resulting in increased costs to <br />us, the contract price shall be adjusted accordingly. Such requirement shall not <br />provide that Crom Engineering and Construction Services, Inc. sign a contract <br />with any labor organization. In the event of a labor stoppage, we shall not be in <br />default or be deemed responsible for delay of the progress of this contract or <br />damage to the owner or the contractor so long as Crom Engineering and <br />Construction Services, Inc. has sufficient qualified employees available to perform <br />the work. <br />