Okaloosa County BOCC — January 7, 2014 — reading text

$ 5,200.00 $ 5,200.00 8” Valve Insert Services & Fitting $ 5,800.00 $ 5,800.00 10” Valve Insert Services & Fitting $ 9,000.00 $ 9,000.00 12” Valve Insert Services & Fitting $ 9,600.00 $ 9,600.00 16” Valve Insert Services & Fitting $ 22,100.00 $ 22,100.00 24” Valve Insert Services & Fitting $ 32,500.00 $ 32,500.00 16” & 24” Are Not Available For Oversized Or AC Pipe. They Are Only Available For Standard OD Pipes. 20” Valve Insert Is Not Available Yet 16” & 24” Valves Run 6-8 Weeks From Factory At Times 4” – 12” Includes Services To Be Performed On AC Pipe Safety is 1B. INTEGRITY is 1A. Confidential and Proprietary Page 2 of 4 © 2012 Packet Pg. 292  Exhibit C EA Tapping Services LLC. 615 Superior Commerce Blvd, Suite 103 Apopka, FL 32703 Phone: 407-880-6786 Fax: 407-880-6781 www.eatapping.com 1. Shipping date for material is 1 week after receipt of order and any changes. 2. Equipment shipping lead time is 1 weeks, subject to availability, after receipt of order and any changes. 3. Technician(s) require 1 week notice, subject to availability, prior to being needed on-site. 4. These prices do include travel, per diem and miscellaneous expenses for our Technician(s) for the number of Trips and Days Allowed, above. Additional expenses will be charged at our cost, plus 30 per cent. 5. No individual has the authorization to verbally change any prices or terms of this quotation. Any changes must be in writing, in the form of a Quotation Revision from EA Tapping Services. 6. The Terms and Conditions, following, are a part of this quotation. 7. The customer, or those at his direction and expense, shall provide: safe, workable jobsite access; all site-specific training; scaffolding; rigging & handling; crane or lifting device(s); hot work permit; confined space permit; lock-out/tag-out; labor/fitters; excavation; shoring; plating; and Lifting of Line Stop & Tapping Equipment 24” & Above or any other item(s) not directly related to the actual performance of our work. 8. All Price Are Good For Emergency Work. Only Extra Cost For Emergency Work Will Be Any Rush Ordering & Shipping of Fittings. Price Will Be Passed Onto Customer Once Determined 9. Customer is responsible to supply all concrete restraint support and support pads for line stops. 10. Payment terms are Net 30. SIGNED: EA Tapping Services LLC. ctâÄ [ÉzÜxyx Paul Hogrefe Sales Manager paul@eatapping.com Safety is 1B. INTEGRITY is 1A. Confidential and Proprietary Page 3 of 4 © 2012 Packet Pg. 293  Exhibit D EA Tapping Services LLC. 615 Superior Commerce Blvd, Suite 103 Apopka, FL 32703 Phone: 407-880-6786 Fax: 407-880-6781 www.eatapping.com Terms and Conditions of Sale Governing Terms: These terms and conditions are an offer by us to you, subject to the approval of our credit department, and may be accepted only on these exact terms and conditions. The contract formed by your acceptance of this quotation, or by your request that we enter a sales order for you, or by your acceptance of a shipment from EA Tapping Services will constitute the exclusive, complete and final agreement between EA Tapping Services and you; and, there are no other agreements, representations, promises, or statements between us either expressed or implied. If you issue a document of your own, this document shall supersede the terms and conditions of your document. Any dispute with regard to the interpretation, execution, enforcement or following the terms of this agreement, or any other legal activities, shall be resolved by submitting such dispute to binding arbitration, pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”); and, This Agreement shall be governed by the laws of the State of Florida and any negotiable actions will be conducted in Okaloosa County, Florida. Shipment: Deliveries shall be made in accordance with a delivery schedule, which may be revised by mutual agreement to adjust to manufacturing requirements. We cannot guarantee precise delivery dates and shall not be responsible for delays in deliveries, nor liable for any losses, expenses or damages, including liquidated damages or penalties of any kind, which you or others may incur. Acceptance of delivery by you constitutes confirmation of your acceptance of the delivery schedule against which the delivery was made. Unless stated otherwise in the quotation, shipments are quoted f.o.b. our dock or our vendor's dock. Prices, Payment and Taxes: Price does not include any state, federal, or local taxes, tariffs or duties. Terms of payment are stated on the quotation/sales order. Our terms of sale do not permit or allow the withholding from payment of any percentage of dollar amount due and payable to EA Tapping Services because your customer or other entity withholds funds as retention, or for some other reason, until some future condition is fulfilled. All funds received by you or payable to you for satisfaction of the amount due EA Tapping Services hereunder shall be held as a trust fund for payment of your obligations to EA Tapping Services, and shall not be applied to other purposes until your obligation to EA Tapping Services is satisfied. Payment shall be in United States of America dollars. No back-charges, withholding or deducts of any kind are allowed. Prices are subject to increase to compensate for any increase in our costs due to new or increased taxes or governmental regulatory measures. Prices on the quotation are based on the quantities given. Any quantity changes or other order modifications may result in price changes. Except as above noted, prices on the quotation are valid for a period of thirty days after the date of the quotation unless a specific variance is granted on the attached quotation. Force Majeure: EA Tapping Services is not responsible or liable for any delays or nonperformance in the event of earth movement, fire, flood, explosion, the elements, or other catastrophe, acts of god, war, riot, civil disturbance, strike, lockout, refusal of employees to work, labor disputes, shortage, or inability to obtain raw materials, including energy requirements, failure of carriers to deliver, in the event of any legislative, executive or judicial act of any governmental authority substantially affecting EA Tapping Services’ operations, or in the event EA Services suspends or discontinues business for any reason, or any other reason beyond the control of EA Tapping Services. Limited Warranty: Products manufactured by EA Tapping Services are warranted free from defects in material and workmanship for a period of 1 year from the date of shipment from EA Tapping Services to any location. The warranty on items not manufactured by EA Tapping Services or subcontracted services shall not exceed the warranty of our subcontractor or supplier or his manufacturer. If defect under this warranty appears, EA Tapping Services, at its option, will rework or replace that item or refund the purchase price of the defective portion, less an allowance for services rendered by the product prior to the claim, but in no event will EA Tapping Services be responsible for consequential or incidental damages. This warranty shall not apply to any product which has been altered by anyone other than EA Tapping Services, or which has become defective due in total or in part due to miss-storage, misuse, mishandling, negligence or casualty, or which has become defective in total or in part due to natural or man-made exposure damage (e.g., pollution contact damage) or any seismic or other motions of the installation or any pressure/thermal cycling or has been applied/used contrary to manufacturer's instructions. Remedies available to a purchaser for breach of warranty are expressly limited to an action to recover for the value of the purchase or replacements due hereunder of our product only and EA Tapping Services’ liability for incidental or consequential damages are hereby expressly excluded to the full extent permitted by applicable law. Any shortages or shipping damage must be reported in writing or fax to EA Tapping Services within three business days of your receipt of shipment. EA Tapping Services makes no warranty that the goods sold under this contract are fit for any particular purpose. There are no warranties which extend beyond those set forth herein. Other Specific Warranty Exclusions: (1). Any product failures or damage due to chemical or thermal exposure. (2). The finish on the product. Miscellaneous: (1). All documentation subject to correction of stenographic errors. (2). A distributor or representative may assist you, however that representative has no authority to bind EA Tapping Services in any modification of this agreement. EA Tapping Services shall not be held responsible for any instructions or technical advice in connection with the design and/or use of material hereunder. (3). EA Tapping Services may refer to and use various generally accepted codes and formulas for designs. This in no way indicates our approval or agreement to such codes or formulas. Citing any code, formula, or standard in no way implies suitability or usability of any product for any specific application. (4). This agreement shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, receivers, legal representatives, successors and assigns of the parties hereto. (5). All changes in this agreement/order must be in writing, showing the original order number and the change order number. All costs for any changes to this order will be at your expense, subject to the terms and conditions herein. (6). Invoicing to you from EA Tapping Services will occur as soon as possible after the date of shipment of our product to your site or representative, or the date of acceptance by your representative, whichever is earlier, and payment shall be due per the terms of our quotation (but not longer than 30 days after date of invoice) regardless whether or not actual shipment has been made, unless such lack of shipment is the fault of EA Tapping Services’ failure to allow such shipment or to follow our standard shipping procedures. Your failure to provide shipping instructions or to authorize shipping shall not be valid reason for you to delay or refuse payment. (7). After our date of invoice, if within 30 days we have not received authorization or workable instructions to ship, a storage fee, in monthly increments equal to 2.75% of the invoice total, shall be assessed to you and payable by you within 30 days. Your failure to pay this storage fee on time or storage which lasts longer than 12 months