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29393 Pacific Street, Hayward, CA 94544 <br />TE: (510) 727-0900 Fax: (510) 727-0912 <br />GRINDING JOB AGREEMENT <br />Contractors License A 621781 <br />SMBE & DBE Certification CT -005270 <br />The prices set forth above are based on the following assumptions and are subject to change under <br />conditions set forth below. <br />1) A minimum daily rate is any part of an 8 hour day and overtime will be charged for work done other than <br />a regular weekday shift. <br />2) Modification to the work may require a change in the quote. <br />3) Unless otherwise indicated the unit prices are based on ABSL performing all the work included on the <br />proposal. If ABSL does not receive a contract for all the work, the unit prices are subject to adjustment. <br />4) The unit prices are based on the estimated quantities in the bid proposal. if the quantity of the item <br />changes by 25% or more the unit price is subject to equitable adjustment. <br />5) All teeth over one complete set will be charge to the contractor. <br />6) Prices are good for 30 days from the date of this proposal, after that date the prices are subject to <br />adjustment. <br />7) In the event there is an increase in the cost of fuel of more than $0.50 per gallon during the <br />performance of this contract, ABSL will be entitled to a $75.00 per day fuel surcharge. The base cost of <br />fuel shall be established on the bid date of the contract by reference to the Weekly Retail On -Highway <br />Diesel Prices for California, as published by the U.S. Department of Energy on its web site at <br />www.tonto.ela.doe.gov/oog/info/wohdp/diesel.asp. <br />8) If ABSL cannot proceed with its work as scheduled due to others, standby time will be charged at the <br />following rate; $425.00 per hour. <br />9) Downtime for equipment becoming stuck in wet or muddy sub -grade conditions will be charged at a <br />stand-by time rate until removed. Additional equipment required for removal will be charged at a time <br />and materials basis. <br />10) This proposal to be attached and made part of any and all resulting contracts. <br />11) The above price does not include permits, fees, bonding, state or local taxes. <br />12) This is a proposal only for the purpose of establishing a price for work as outlined. In the event ABSL is <br />the low bidder a formal contract or PO suitable to both parties shall be prepared and fully executed. <br />13) Repairs of damage to ABSL equipment due to unmarked or buried obstructions; i.e, valve boxes, <br />manholes covers, concrete, steel fence posts, steel pipe or excessive depth asphalt will be billed at <br />time and material for repairs. <br />14) Backcharges to ABSL must be communicated by contractor in a written notice within 72 hours from the <br />time of occurrence for backcharges. <br />15) Unless otherwise agreed to in writing prior to start of work, payment is due and payable within 30 days <br />of billing, and no retention to be withheld on payments. <br />16) All utilities within mill grade are to be located and marked by customer. It is the sole responsibility of the <br />lessee or renter (customer) to follow the requirements of the regional notification center law pursuant to <br />Article 2 (Commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the California <br />Government Code. Customer assumes sole responsibility for, and all subsequent liabilities coincident <br />with following the requirements of the regional notification center law. Furthermore, customer agrees to <br />be responsible for all damage to both utilities themselves and to our company's equipment by reason of <br />ABSL equipment encountering unmarked utilities. <br />17) Items not specifically included are considered to be excluded. If you have any questions please call. <br />Thank You, <br />Julian Villafane <br />