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3. Client agrees that Jones Covey Group,Inc.cannot be present at job location at all times and that Jones Covey Group,Inc.will take reasonable precautions to <br /> identify any obstructions or excavations and make reasonable efforts to warn any vehicle and pedestrian traffic of the potential danger involved;but that Jones <br /> Covey Group,Inc.shall not be responsible for any damages to Client,Client's employees or any third parties that may be on Client's premises from contact with <br /> any such obstructions or excavations that have been reasonably identified,and Client shall indemnify Jones Covey Group,Inc.from all such damage claims. <br /> 4. Client agrees that there are no fees proposed for permitting. Jones Covey Group,Inc.involvement in obtaining and securing permits for the scope of work <br /> outlined in this agreement and that all monies due to the governing agencies issuing these permits are the sole responsibility of the client. <br /> 5. Client will provide for Right of Entry to Jones Covey Group,Inc.personnel,contractors,subcontractors,equipment and/or any other personnel necessary in to <br /> complete the scope of work and general conditions as agreed by this contract. Jones Covey Group,Inc.'s personnel,contractors,and subcontractors will take <br /> reasonable precautions to minimize any damage to the property,but it is understood by the Client that in the normal course of work,some damage to the <br /> property may occur,the correction of which is not a part of this agreement. The Client accepts this fact and will not hold Jones Covey Group,Inc.'s personnel, <br /> contractors,and/or subcontractors responsible for any damage other than that caused by gross negligence or willful misconduct of Jones Covey Group,Inc.,its <br /> personnel,contractors,and/or subcontractors. <br /> 6. Jones Covey Group,Inc.and Client acknowledge and understand that no other terms or agreement,express or otherwise,shall become a part of this contract <br /> unless such agreements are in writing and executed by an authorized representative of both Jones Covey Group,Inc.and Client. <br /> 7. Jones Covey Group,Inc.will warrant all material and labor for a period of two years from date of substantial completion. <br /> CLIENT RESPONSIBILITY: <br /> 1. Provide clear,unobstructed work area to perform this scope of work. <br /> 2. Permitting and soil sampling as needed. <br /> 3. All compaction,environmental testing,reporting. <br /> 4. Provide all equipment per typical plan page T2-1 and as known typical to this scope of work <br /> EXCLUSIONS: <br /> 1. Provide canopy installation. <br /> 2. Installation of all canopy graphics. <br /> 3. Payment and performance bonding,(available upon request). <br /> 4. All local,county,state,federal,or any other tax,unless an amount is given in the Sales Tax Included line of the attached bid form. <br /> 5. Removal and/or disposal of any natural or manmade underground obstructions such as large rocks or obstacles not previously noted and agreed upon in the <br /> terms of this contract. <br /> 6. The removal and/or disposal of any impacted soils including but not limited to hazardous,or contaminated materials other than that agreed upon in the terms <br /> of this contract. <br /> 7. Any cost associated with compaction testing or a certified compaction report. <br /> 8. Annual U.S.T.registration fees. <br /> 9. Agency meetings and/or discussions other than that stated in the terms of this contract. <br /> 10. All soil testing performed by client's geotechnical engineering firm. <br /> 11. All scope related to diesel fuel or diesel additive systems. <br /> 12. Over excavation and import as soil moisture correction in over optimum soils at existing planters proposed at a maximum of 18"beneath AC paving section. <br /> 13. The tank set is proposed as a wet set. The dewatering alternate includes up to two 2"trash pumps capable of up to 50-gpm each and is intended only to prevent <br /> groundwater from settling over the top of the tank once installed,roughly 40,000-gallons. Dewatering is not intended to create a dry excavation. <br /> 14. All discharge waters assumed clean and discharged within 300'of excavation. No filtering of water is included,in any form. No hauling,testing,or storage of <br /> waters is included. Discharge permits,if needed,will be on a cost-plus basis. <br /> 15. Assumes tank excavation soil characteristics will meet with§6.1 Stable Excavations of the CSI tank installation manual.No work included to satisfy the <br /> requirements of§6.2 Unstable Excavations. <br /> 16. Ballast water discharged within 300'of excavation to storm drain or sanitary sewage system. No filtering of water is included,in any form. No hauling,testing, <br /> or storage of waters is included. If required,discharge permit for tank ballast waters on a cost-plus basis. <br /> 17. If required,discharge permit for tank ballast waters on a cost-plus basis. <br /> 18. We plan to use conventional earth moving equipment maintained in good condition,such as a single 80,000-pound excavator. As dictated by the geotechnical <br /> report,this will complete UST excavation. All extraneous excavation methods,such as blasting,rock bucket,rock breaking,etc.,excluded. <br /> 19. Lime,cement,or any other type of soil improvement. <br /> 20. Winter construction conditions. <br /> 21. We assume the transformer,transformer pad,setting of the transformer,and all electrical conductors between the service point and the transformer will be <br /> supplied,installed,and landed by the local energy provider,and have not included any of that scope in this proposal. Similarly,we assume all conductors, <br /> including fiber optic,will be provided,installed,and landed by Costco IS between the EDP room and the controller enclosure. <br /> 9595 LUCAS RANCH ROAD, RANCHO CUCAMONGA, CA 91730-CA LICENSE#804431 A, B, HAZ- LICENSED IN 41 STATES <br />