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<br />Drying In, Decontamination, Mold Remediation, Restoration Price Schedule <br />Services for: City of Sunny Isles Beach, Florida, RFP No. 08-07-0 I <br /> <br />Categories/Descriptions <br /> <br />06. Best Efforts. Ash Britt and Customer acknowledge that the property which is the subject of the Work may have been <br />involved in a fire, flood, or other catastrophe. AshBritt will perfonn the Work on a "best efforts" basis, but cannot, and <br />therefore does not, guarantee or warrant that any of the property will be operational or free from defect following <br />completion of the Work. <br />7. Causes Beyond Control. I f any circumstance or event which is beyond the reasonable control of AshBritt delays the <br />perfonnance of any of AshBritt's obligations under this agreement or makes any of those obligations impossible to <br />perfonn, AshBritt will not have any liability for that delay or non-perfonnance. <br /> <br />8. Consents and Pennits. Any federal, state, or local pennits or consents required for the perfonnance of the Work are the <br />responsibility of the Customer; provided that, ifmade a part of the Work, AshBritt may obtain such penn its and consents <br />at Customer's expense. Both AshBritt and Customer will comply with all applicable governmental regulations, statutes, <br />laws and ordinances. <br />9. Disposal. Disposal of any Hazardous Material (including specimens or samples) or any property that contains <br />Hazardous Material, removed by AshBritt under this Agreement will be in the name of the Customer and under any <br />applicable generator number or other identification assigned by the Customer. <br />10. Indemnity. Each party agrees to indemnify and hold hannless the other party hereto and the other party's <br />shareholders, directors, officers, employees and agents,from and against any and all claims, demands, causes of action <br />and liabilities of any nature, whether for damages to property, and/or the conditions to which theContract pertains, to the <br />extent that any such claim, demand, cause of action and/of liability is attributable to the breach of Contract or other fault <br />oftheindemnifying party. Customer on it's behalf and on behalf of including but not limited to Owners, Management <br />Companies, Tenants and Occupants indemnifiesAshBritt against loss or damage to personal property and/or content <br />during the perfonnance of services within the areas of remediation. <br />II. Confidentiallnfonnation. AshBritt and Customer mutually agree to maintain in confidence and will not, directly or <br />indirectly disclose or use, either during or afterthe tenn of this Agreement, any proprietary or confidential infonnation <br />belonging to the other party, whether it is in writing or pennanent fonn, except to the extentnecessary to perfonn the <br />work until such time as said infonnation has become public knowledge. <br />12. No Consequential Damages. No party shall in any action or proceeding or otherwise assert any claim for <br />consequential damages against any other party to this reasonable attorney's fees and court costs.Contract on account of <br />any loss, cost, damage or expense which such party may suffer or incur because of any act or omission of any other party <br />to this Contract orits agents or employees in the perfonnance of a party's obligations under this Contract, or any other <br />O cause of action (including negligence) arising out of or relatedto transactions in connection with this Contract, or <br />otherwise, and each party expressly waives any such claims. <br />13. Labor Considerations. <br />A. The labor rates stated above are per hour for the first 40 hours worked (or 8 hours a day in California or where <br />mandated by prevailing wage requirements) in a week beginning on Monday. <br /> <br />S. Labor rates for work perfonned over 40 hours in a week (or 8 hours a day in California or where mandated by <br />prevailing wage requirements) will becharged at one and one-third (1- 113) times the stated hourly rates except where <br />collective bargaining agreements or prevailing wage requirements mandate premium time to be paid Saturday, Sunday <br />and Holidays. In such an event, one and one-third (I - 1/3) time the stated rates or the multipliennandated by prevailing <br />wage requirements shall be applicable. <br />C. Travel time will be charged, at stated hourly rates, when employee lodging is more than 50 miles from the project <br />location or when emergency conditions exist that result in one way travel time of60 minutes or greater. In either case, a <br />minimum of one hour will be charged per individual, each way. <br /> <br />D. All documented costs for other applicable travel costs (airfare, rental cars, cab fare, etc.) will be reimbursed to <br />AshBritt at cost plus 10%. <br />E. Per diem and lodging will be charged at a rate of $1 00 per employee, per day for all employee classifications <br />F. A minimum surcharge of$25 per hour will be added to the stated rates for any employee classification whereby their <br />trade is covered by a collective bargaining agreement, or for any employee subject to prevailing wage rates. <br /> <br />G. A Remediation Worker (R W) is defined as a person who utilizes a respirator to protect himself/herself from the <br />potential exposure to any hazardous substance, including nuisance dust. <br /> <br />H. Warehousemen and drivers supporting the on site work activity will be billed at the General Laborer rate. <br />14. Equipment Rental Considerations. <br />A. Unscheduled Rental Equipment and Consumables. For equipment and consumables not listed that is rented for the <br />project by Ash Britt the rate invoiced to the Customer will be the rate charged to Ash Britt plus 10% + 10%. Freight is <br />excluded. <br />B. Unscheduled Purchased Equipment. If special equipment not listed above is purchased for the project the daily rental <br />will be 5% of the purchase price. <br /> <br />c <br /> <br />AshBritt, Inc. <br /> <br />Schedule H-Restore Srvcs <br />