HomeMy WebLinkAbout106 Sycamore Ct 11-163 (sinkhole repair)n
RECE;I'VED
F D OCT 1 9 2010 CITY OF SANFORD
BUILDING & FIRE PREVENTION
PERMIT APPLICATION
Application No. Documented Construction Value: $
Job Address: 10tO __5,fYl CQ ux- Historic District: Yes No
Parcel ID: OQ _ 820 -- :30--51 Q -- coon- C)5E Q Zoning:
Description of Work: DH Ili wiM i- ovm0-Ear\a -bD 55,bi liz,e. _sinlLhole con i-Hon5
Plan Review Contact Person: Title:
Phone: Fax: E-mail:
Property Owner Information
Name 101a 5\r w mct-e_ Cour-t- L_ —C , Phone: - AD 'r7 22— 1(P0a
Street: Resident of property?
City, State Zip: n. t -4d, V-L_ 3o-29rlq
Contractor Information
Name Iun L • 6yoa6.,6CK . rpwrfi 12 i L.1-12, Phone: S1 - a09-`iSQQ0
City, State Zip: La4d 0 1z-k..Q_s) F L {o39 State License No.: _C(j CO(o 1 `73,-
Architect/Engineer Information
Name: c5 AA r-_ --T--nC . Phone: g 13 - (p 2 3 - (o (.o4=( ro
Street: 1 Q t eel eL A e"j-form Fax: -S 1 5 -- C.Q-a3 - '3 rt a: 5
City, St, Zip::7ro 33 Co lq E-mail:_ fin G 5 Q ,nCC.a(`rl; Bonding
Company: N1 1A Mortgage Lender: N 1A Address:
Address: PERMIT
INFORMATION Building
Permit Square
Footage: No.
of Dwelling Units: Electrical
New
Service - No. of AMPS: Construction
Type: Flood
Zone: Mechanical (
Duct layout required for new systems) Plumbing
No.
of Stories: New
Construction - No. of Fixtures: Fire
Sprinkler/Alarm 0 No. of heads: 9
1 1- >(p
r- _
me - - _
Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no
work or installation has commenced prior to the issuance of a permit and that all work will be performed to
meet standards of all laws regulating construction in 'this jurisdiction. I understand that a separate permit
must be secured for electrical work, plumbing, signs, wells, pools, furnaces, boilers, heaters, tanks, and
air conditioners, etc.
OWNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will
be done in compliance with all applicable laws regulating construction and zoning.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY
RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE
OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE
FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this
property that may be found in the public records of this county, and there may be additional permits required
from, other governmental entities such as water management districts, state agencies, or federal agencies.
Acceptance of permit is verification that I will notify the owner of the property of the requirements of Florida
Lien Law, FS 713.
The City of Sanford requires payment of a plan review fee. A copy of the executed contract is required in order
to calculate a plan review charge. if the executed contract is not submitted, we reserve the right to calculate the
plan review fee based on past permit activity levels. Should calculated charges exceed the documented
construction value when the executed contract is submitted, credit will be applied to your permit fees when the
permit is released. I
Signature of Owner/Agent
Print Owner/Agent's Name
Date
Signature of Notary -State of Florida Date
Owner/Agent is Personally Known to Me or
Produced ID Type of ID
APPROVALS: ZONING: UTILITIES:
ENGINEERING:
COMMENTS:
FIRE:
k I vl
Si nature of Contra ct / gent Date
C1 f i
Print Contract Agent's Name
Signature of Notary -State of Florida Date
Contractor/Agent is Personally Known to Me or
Produced ID Type of ID
WASTE WATER:
BUILDING: o 02 0
Rev 11.08
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effstom OFFICE
Proposal
Stabilization Grouting
The
Newman / 106 Sycamore Ct. LLC
Residence
106 Sycamore Court
Sanford, FL 32773
Tel: 407-222-1602
Proposal number: 10-942
Chubb Group of Insurance Companies
Claim number:40510035595
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INTRODUCING THE MOST EXPERIENCED TEAM
IN THE STARILIZA TION IND USTR Y
EARTH TECH
GEOTECHNICAL CONSTRUCTION SERVICES
This page is not part of the proposal
Earth Tech, LLC
2620 Hunt Road
Land O' Lakes, Florida 34638 MYanczura@Earthtech.net
www.floridasinkhole.com Telephone:813-909-8000
Cellular 813-714-0012
Facsimile: 813-909-8001
EARTH TECH
C U S T O M P R O P O S A L
Newman / 106 Sycamore Ct. LLC Residence 006 Sycamore Court »Sanford, FL 32773 »407-222-1602
2620 Hunt Road I Land O' Lakes, Florida 34638
Telephone: 813-909-8000
Facsimile: 813-909-8001
7/1 /2010
Dear Ms. Joetta B. Newman, c/o 106 Sycamore Ct. LLC,
At the request of Chubb Group of Insurance Companies, we
are pleased to present the following proposal for your
consideration. We have based this proposal upon the
recommendations specified in the Engineering report prepared
by S&ME, Inc.. Our goal at Earth Tech is to provide you with
the highest level of service combined with the best construction
techniques in the business. All of the work that we perform will
be in accordance with this proposal, industry standards and any
further direction by the Engineer of Record. We look forward to
the possibility of working for you.
OBJECTIVE
The Subsidence Investigation that was recently performed confirmed that Sinkhole Activity
is affecting your property. The Engineering company has specified a Grouting Program
that will address the treatment of the entire perimeter of your home. This Grouting
Program will improve the soils beneath the structure by injecting a cement based grout
material above the limestone to fill voids and densify soft soils that have resulted from
subsurface raveling or solutioning. It should be understood that the grouting may induce
additional wall or structure settlement before deep conditions are stabilized. Upon
completion of the deep subsurface grouting program, a program of shallow polymer
injection grouting shall be used to strengthen and densify the loose shallow soils around
the perimeter of the home.
OUR PROCESS IN ACTION
S T A G E O R E . S T A G E T W O S T A G E T H. R E E .- S T A G E F 0 U R
EARTH
C U S T O M P R O P O S A L
Newman / 106 Sycamore Ct. LLC Residence 006 Sycamore Court ))Sanford, FL 32773 »407-222-1602
WHAT IS GROUT ?
Grout is a mixture of cement, sand, flyash and water that is mixed together to form a
material that looks like the mortar that is used to lay bricks. The Grout material is specially
designed to be pumped into the ground under pressure and under water.
THE FIRST PHASE -- DRILLING
An initial project walk-thru will address any special needs or concerns
that you might have. The Drilling Phase should take about 2 to 4
days depending on the actual depth and number of Injection Holes.
3 f Our specialized Drilling Equipment is designed to drill holes in almost
any space - between houses, around pools and most other areas
S T F G E r w e with limited access. Our modified rotary drilling methods will be used
to place steel casing through the soils beneath your home and down
to the competent limestone below. This technique is the safest method of installing the
grout injection pipes since it simultaneously advances the steel casing as the hole is being
drilled. This method causes minimal disturbance to the surrounding soils and will not
cause vibrations that could cause additional damage.
Our primary objective during this phase is to install the grout casing that will provide a
conduit to place the grout material beneath your home. To accomplish this, we will:
Drill approximately 90 to 95 feet below the ground's surface
Insert injection casing to transport grout to targeted soil zones
Utilize our custom, Limited Access Drilling Equipment to locate injection holes in
areas that may be inaccessible to others
commit to providing an unparalleled level of respect for your property and quality of
life.
We will locate the Injection Points as shown on the attached drawing or as directed by the
engineering representative from S&ME, Inc.. These Injection Points may be adjusted to
deal with actual field conditions such as utilities or obstacles.
PHASE TWO -- GROUTING
We will normally use Grout Material from our own facility on local
projects. This allows us to maintain control over quality and quantity
of grout material for your project. Recent shortages of cement
products and grout allocations by traditional suppliers have caused
many problems in the grouting industry. Earth Tech is the only
company in the business to own a Grout Supply that is used
exclusively for Earth Tech customers.
S T A G E T M R E
EARTH ,TECH
C U S T O M P R O P O S A L
Newman / 106 Sycamore Ct. LLC Residence 006 Sycamore Court ))Sanford, FL 32773 »407-222-1602
Once the Injection Pipes have been installed, the Grouting Crew
will be scheduled. This is the phase where we begin to inject the
grout material to stabilize the sinkhole condition beneath your
home. An experienced, full-time Field Supervisor and Crew will
be dedicated to your project. Your Field Supervisor has been
empowered to coordinate daily operations and communicate with
you on a daily basis. In addition to your field Team, you will have
the full resources of Earth Tech's customer service and top level
management.
We will locate our specialized pumping equipment at the street in front of your house. The
grout material will be delivered from our plant in typical concrete mixer trucks. The
consistency of the grout material will be dictated by the site specific conditions that are
encountered or as directed by the Engineer.
To accomplish our Grouting Objectives we will:
Use injection pipes to transport grout to the problematic soil zones
Monitor your home and adjacent structures with survey equipment to detect
possible movement
Extract the grout pipes in one foot increments treating each soil zone from the
bottom proceeding upwards
Grout material will be injected into each soil zone until one of the following conditions
occur:
A rapid pressure increase is observed at the injection point
Ground heave or structure movement is observed
A target quantity of grout material has been injected into the zone (target quantities
to be established in the field)
Once we have achieved one of these criteria, the injection pipe will be raised to the next
zone and the process repeated until we get to within 15 - 20 feet from the surface. Our
Field Supervisor will work closely with the Engineering company representative to
document the stabilization process and insure a quality job.
POLYMER GROUTING
In order to stabilize loose shallow soils around the perimeter of the home, a program of
injection grouting, using specially formulated hydrophobic polyurethane expanding polymer
shall be used. Injection of the material requires drilling 5/8 inch diameter holes around the
perimeter of the home on approximate 5 foot centers or as determined by the engineer of
record, installing grout pipes, and injecting the grout under controlled pressure. Because
this is a very specialized procedure, Earth Tech, Inc. will be utilizing the services of Uretek
ICR, LLC. The "Uretek Method" by Uretek ICR, LLC shall be implemented.
EARI H : TECH
C U S T O M P R O P O S A L
Newman / 106 Sycamore Ct. LLC Residence »106 Sycamore Court ))Sanford, FL 32773 »407-222-1602
S T A G E F O u R
THE FINAL PHASE
Upon completion of Phase 1 and 2, your field Supervisor will provide
you with a Completion Checklist. Using this list as a guide, they will
walk the property with you. His final goal is to address any concerns
that you may have and insure that you are fully satisfied with our
work. Even after the project is complete, Earth Tech will continue
to assist you in working with your insurance company or mortgage
company to finalize this phase of your project.
HOW LONG WILL IT TAKE TO COMPLETE MY PROJECT?
Once you have signed and returned the enclosed acceptance page, Earth Tech will begin
to schedule this important project. Once the work begins, it will normally take between 8
and 14 working days to complete, depending on the actual conditions that we may
encounter.
OUR ESTIMATE
This estimate is based upon the information provided by the Engineer. Since the exact
quantities of drilling and grout material are unknown, we have quoted unit prices for each
item. The accuracy, of this estimate will be determined by the actual conditions
encountered and we will invoice for the final quantities verified by the Engineer. It is
possible that the final quantities will be significantly higher or lower than this estimate.
DEEP SUBSURFACE GROUTING
Total Estimated Cost = $127,550.00
Estimated. Note: Any grout delivered but not used will be charged at a rate of $125.00 per CY
4
EARTJri .; -1 TECH
C U S T O M P R O P O S A L
Newman / 106 Sycamore Ct. LLC Residence 006 Sycamore Court »Sanford, FL 32773 »407-222-1602
POLYURETHANE INJECTION GROUTING
DESCRIPTION QUANTITY* UNIT PRICE AK AMOUNT*
Mobilization, including the
first 500 lbs. of polyurethane 1 6,750.00 6,750.00
material (Lump Sum)
Interior Locate of Utilities 1 1,250.00 1,250.00
Crew Labor 1 Crew Day 2,500.00 Per CD 2,500.00
Additional Polyurethane
1500 Lbs. 13.00 Per Lb. 19,500.00Materialabove500lbs.
Total Estimated Cost = $30,000.00
Additonal Material if Required
WHAT YOU CAN DO TO HELP
Certain aspects of this project are not included in Earth Tech's scope of work. However,
these items must be provided by others at no cost to us to ensure completion of the
project. They are:
Work Area Access: The proposed stabilization program may require passage onto
adjacent properties. Therefore, you must arrange permission for unrestricted access to
these properties before we start work. It may also be necessary to move wood decking,
fences, air conditioners, pool equipment, etc. If this is required, we will invoice you for the
cost of this additional work.
Water Availability: We will need a water supply that is suitable for drilling and cleanup at
the work area.
Electricity: Access to a minimum 110 volt, 20 Amp power source is needed at the work
site.
Underground Utility Identification: Earth Tech will contact "Call Sunshine" prior to the
start of construction. It is the homeowner's responsibility to locate, mark and notify us of
any utilities or lines such as water, sewer, electrical, phone, irrigation, etc. that may be
beneath the surface of the ground or the floor of the home.
rJ
EAWH ECH
C U S T O M P R O P O S A L
Newman / 106 Sycamore Ct. LLC Residence 106 Sycamore Court >>Sanford, FL 32773 »407-222-1602
Landscaping: Stabilizing your home is our first priority. In performing this work it will be
necessary to access areas where plants and sod are present. While we will use our best
efforts to minimize damage, we will not be responsible for the replacement or repair of
landscaping.
Inspections: The homeowner or insurance company will be responsible for providing all
third, party engineering, monitoring and/or inspections that may be required.
Cosmetic Repairs: Some additional damage may occur as a result of the stabilization
process. Repairs to slabs, walls, etc. due to cracking of the structure are considered
cosmetic and are not included in our scope of work.
Wells: Subsurface stabilization activities may cause grout or soils to be drawn into nearby
wells. To avoid possible damage, all pumping equipment should be removed prior to the
commencement of the grouting work. Earth Tech will not be responsible should any well
or water equipment become damaged or unusable. This includes neighboring properties.
Organics and Clay: This proposal addresses the development of a subsurface grouting
program to stabilize sinkhole activity beneath your home. The proposed work will not
mitigate the adverse effects of organics or clay.
Concrete Finishes: We will fill all holes in concrete with a regular cement material. We
will not attempt to match or repair special finishes, tile or colored concrete.
Tile, Brick, and Pavers: Earth Tech, LLC shall not be responsible for the removal,
replacement, possible damage, or displacement to exterior tile, brick, paver, patio block /
patio stone work or landscape border / edging.
Garage / Covered Patio: All floor coverings and / or personal effects must be removed
from the covered patio and garage prior to commencement in order to allow for reasonable
access to those areas for the grouting operation.
MAINTAINING YOUR QUALITY OF LIFE
We are committed to your satisfaction. Your Earth Tech Team will make every possible
effort to insure your current standard of living is maintained throughout the duration of this
stabilization project. Our equipment is designed to cause minimal disturbance by
eliminating excess noise and vibrations within your home. We muffle and shroud our
equipment to further minimize work site interruptions and disturbance. If you have any
questions, our friendly, courteous staff is there to provide whatever assistance you need
to make it through this process as smoothly as possible.
EARTH TECH
C U S T O M P R O P O S A L
Newman / 106 Sycamore Ct. LLC Residence 006 Sycamore Court »Sanford, FL 32773 »407-222-1602
TERMS AND CONDITIONS
Once we have completed each phase of our work an invoice will be sent to you. Payment
is due in full within 10 days of the invoice date. We are available to work with you and your
mortgage company to help expedite the process. You will receive a "Final Lien Release"
from Earth Tech upon request once your payment has cleared.
The attached conditions are an integral part of this proposal.
We appreciate the opportunity to quote this work and look forward to working for you on
this important project. If we may be of any further assistance, or provide any additional
information regarding this proposal, please feel free to contact us at your convenience at
813) 9.09-8000. Thank You.
Respectfully Submitted,
Ron L. Broadrick
President
Morgan Yanczura
Project Manager
7
EARTH : `TECH
C U S T O M P R O P O S A L
Newman / 106 Sycamore Ct. LLC Residence 006 Sycamore Court »Sanford, FL 32773 »407-222-1602
ACCEPTANCE AGREEMENT
In accordance with pages 1-7 of the above referenced proposal and its attached conditions
and lien law page, this page shall represents the acceptance and agreement of all Terms
and Conditions and Scope of Work descriptions contained therein. This page and
referenced proposal shall represent the only contract and/or agreement for this work and
shall supersede any prior representations either expressed or implied.
PAYMENT AUTHORIZATION
We, the undersigned, hereby expressly agree, and hereby irrevocably authorize and direct
our insurance company and lender(s), to name Earth Tech, LLC as the named payee on
all checks, payments and other disbursements made by our lending institution (and/or any
servicing agent for any such lender) and/or our insurance company for any labor, services
and/or materials supplied by Earth Tech, LLC pursuant to this agreement, and/or for any
damage or repair to our real property. In addition, we also hereby irrevocably transfer and
assign to Earth Tech, LLC, to the extent of the sum(s) now and/or hereafter owed to Earth
Tech, LLC pursuant to this agreement, any and all rights and claims we now and/or
hereafter have to any insurance proceeds and/or sums at any time payable to us and/or
held (in escrow or otherwise) by our insurance company and/or lender (and/or any
servicing agent for any such lender) with regard to our real property or any damages or
repairs to our real property. The total sum due to Earth Tech, LLC, pursuant to the terms
of this agreement shall be based on Earth Tech, LLC's final invoice.
Signature(s) of all persons named on deed must sign.
Ms. Joetta B. Newman, c/o 106 Sycamore Ct. LLC)
Accepted and
Approved:
Print Name(s):
Date:
Mortgage Company
Acct. No.:
Address &
Phone:
Earth Tech, LLC
2620 Hunt Road
Land O' Lakes, Florida 34638
www.floridasinkhole.com
Morgan Yanczura
MYanczura@earthtech.net
Telephone: 813-909-8000
Cellular. 407466-4294
Facsimile: 813-909-8001
EARTH TECH
C U S T O M P R O P O S A L
Newman / 106 Sycamore Ct. LLC Residence 006 Sycamore Court »Sanford, FL 32773 »407-222-1602
2620 Hunt Road i Land O' Lakes, Florida 34638
Telephone: 813-909-8000
Facsimile: 813-909-8001
Dear Homeowner,
It is our goal to fully comply with all state and local laws and to maintain the highest level
of ethics in the construction business. Earth Tech is fully licensed and insured to perform
all of the work that is proposed in this contract. We are proud of our 18 year reputation for
excellence in the industry. In accordance with Florida Statute 713.015 we are providing
the following statement:
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW SECTION
713.001-713.37 FLORIDA STATUTES THOSE WHO WORK N YOUR
PROPERTY OF, PROVIDE MATERIALS AND SERVICES AND ARE NOT
PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR
PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A
CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A
SUBCONTRACTOR FAILS . TO PAY SUBCONTRACTORS, SUB -
SUBCONTRACTORS OR MATERIAL SUPPLIERS, THE PEOPLE WHO
ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT
EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF
YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY
ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS
FILED YOUR PROPERTY. COULD BE SOLD AGAINST YOUR WILL TO
CONTRAAY CTOR OIL A
OR MATERIALS OR MASERVICESHAVEAILED THATOAY
TO PROTECT YOURSELF IN THIS
NTRACTHATBOOEANY PAYMNTS MADEYOUR CONTRACTOR IS REQUIRED
TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN
FROM ANY PERSON OR COMPANY THAT HAS PROVIDED YOU A "
NOTICE TO OWNER". FLORIDA'S CONSTRUCTION LIEN LAW IS
COMPLEX AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
We will work
with you during this process to insure that you are provided with all the necessary documentation and
releases pursuant to the payment for our services. Earth Tech takes great
pride in our work and we look forward to including you as another satisfied client. Signature(
s) of
all persons named on deed must sign. Ms. Joetta B.
Newman, c/o 106 Sycamore Ct. LLC) Accepted and Approved:_
Print Name(
s):
Date:
EARTH ((),TECH
C U S T O M P R O P O S A L
Newman / 106 Sycamore Ct. LLC Residence 006 Sycamore Court' »Sanford, FL 32773 ))407-222-1602
CONTRACT CONDITIONS: Customer (as defined below) agrees to the following contract conditions, which are hereby incorporated
into the proposal to which these contract conditions are attached. The proposal, and these contract conditions, shall together be
referred to herein as the "Agreement". For the purpose of the following contract conditions, Earth Tech, LLC, also known in Florida as
Earth Tech (DE), LLC, will be referred to as "Earth Tech". The person(s) and/or entitles to whom the Agreement was written, together
with their representatives) and all persons accepting or executing the Agreement, shall hereinafter be jointly and severally referred to
as the "Customer".
1. WARRANTY: If Earth Tech's scope of work includes underpinning, see the "Lifetime Underpinning Limited Warranty", and the
terms and conditions therein. There are no other express nor implied warranties by Earth Tech in this Agreement, nor with regard to
any labor, services or materials.
2. HIDDEN, UNKNOWN OR CHANGED CONDITIONS; LIABILITY: After the date this Agreement is first prepared by Earth Tech,
conditions on or about the project site that were hidden and/or unknown may become known to Earth Tech, conditions on or about the
project site may not be in accordance with the Project Information (as defined below), and/or conditions may change. As a result
thereof, this Agreement, and the scope of work and materials in this Agreement, may not be correct or complete, and extra or different
work or materials may need to be performed or provided by Earth Tech in order to complete the project. In such an event, it is agreed
and acknowledged that: (a) such conditions, and any consequences therefrom, are beyond Earth Tech's control, and Earth Tech shall
not have any responsibility or liability for any such conditions, nor any consequences or damages therefrom; and (b) Customer shall
pay Earth Tech (at Earth Tech's normal rates and markups) for any and all extra and/or different labor, materials, services, costs,
expenses and work, including, but not limited to, any efforts by Earth Tech (if any, at its sole discretion) to try and avoid or minimize
any such consequence(s). In addition, Earth Tech shall have no liability whatsoever for any acts of God, weather events, delays, and/or
conflicts between Earth Tech's work and any work of others.
3. PRE -.BID AND PROJECT INFORMATION: Customer agrees and acknowledges that this Agreement (including the bid, proposal.
material specifications and scope of work herein), and the work performed pursuant to this Agreement, are based upon the information,
recommendation(s), plan(s), specification(s) and/or other documentation (collectively referred to as the "Project Information") previously
provided to Earth Tech by the Customer and/or Customer's agent, insurance company and/or the project engineer. It is agreed that
Earth Tech may rely upon the Project Information (whether in preliminary and/or final form) in preparing this Agreement, and in planning
and performing the work pursuant to this Agreement. It is also agreed that Earth Tech has, and assumes, no responsibility for the
accuracy or completeness of the Project Information. Additionally, it is agreed that if any Project Information is updated or finalized after
the date this Agreement is first prepared by Earth Tech, then any additional costs or expenses as a result thereof, and any additional
labor, services and materials, shall be paid by Customer to Earth Tech (at Earth Tech's normal rates and markups). Notwithstanding
anything in this Agreement to the contrary: (a) to the extent any Project Information requires or provides for, or purports to require or
provide for, Earth Tech to indemnify, defend and/or hold harmless any Customer, or any other person or entity, such provision(s) in the
Project Information is/are expressly excluded from this Agreement and not incorporated herein; (b) Earth Tech shall have no implied
obligations to anyone pursuant to this Agreement; (c) there are no intended third party beneficiaries to this Agreement; and (d) Earth
Tech shall not have any obligations or responsibilities to Customer or anyone else except as expressly provided in this Agreement, if
at all.
4. PRIOR NEGOTIATIONS; ETC.: All prior negotiations, discussions, agreements, bids, proposals, correspondence and/or
memoranda between Customer (and/or Customer's agents, engineers and/or insurers) and Earth Tech are superseded by, and
incorporated into, this Agreement. This Agreement contains the full and final agreement between the parties hereto. Earth Tech's offer
to perform work pursuant to this Agreement is subject to possible revision in scope, price and terms if not accepted in writing by the
Customer within thirty (30) days of the date of this Agreement.
5. LIEN RIGHTS; REMEDIES, ETC.: It is agreed that Earth Tech shall have and retain any and all rights and remedies conferred
upon it by any and all applicable laws, including, without limitation, any rights to a statutory and/or equitable lien. It is the express intent
of the parties that the Customer's property shall stand as security for all sums owed to Earth Tech. If Earth Tech is not paid when
required by this contract, any and all warranties will be void. Interest on the delinquent amount is 1 %% per month.
6. EXCLUSIONS; EXTRA COSTS: Earth Tech shall not be required to perform or provide any labor, services and/or materials not
specifically included in this Agreement. In the event any change, alteration or deviation from, this Agreement, or any Project Information:
is requested by Customer, or its agent or the project engineer, and such alteration or deviation involves or requires any extra labor,
services and/or materials, then such extra labor, services and/or materials shall be paid by Customer to Earth Tech (at Earth Tech's
10
EARTH (
1-11! I
TECH
C U S T O M P R O P O S A L
Newman / 106 Sycamore Ct. LLC Residence 006 Sycamore Court »Sanford, FL 32773 » 407-222-1602
normal rates and markups). Earth Tech shall, however, have the right and option to refuse to perform any such change, alteration or
deviation, or any other additional work, until a written change order has been executed by the Customer or any project engineer
representative. Notwithstanding the foregoing, Earth Tech may obtain, provide, perform, and charge the Customer for any additional
labor, services and/or materials which Earth Tech deems necessary in order to access and/or work on the project and/or project site,
including, without limitation, moving, removing and/or resetting/reconnecting HVAC units and/or any other equipment, moving any other
obstacles or impediments, and/or removing, cleaning and/or resetting any pavers or other property or materials.
7. AUTHORITY; OWNERSHIP: If any Customer is an entity, then the person(s) executing this Agreement on behalf of any such
entity hereby warrant(s) and represent(s) that he/she/they is/are duly authorized and empowered by such entity to execute and enter
into this Agreement on behalf of such entity. Customer warrants and represents that no one other than Customer owns any interest
in the real property which is the subject of the Agreement. In the event any other person owns any interest in said real property,
Customer hereby warrants and represents that Customer is the agent of such other owner(s) and that Customer is expressly authorized
by such other owners to enter into and execute this Agreement on their behalf. In addition, if the title to the real property is owned (in
whole or in part) by a trust or trustees, then each person signing this agreement as/for the Customer is signing this agreement both
individually, and as trustee of such trust if they are a trustee, and represents that all trustees of such trust have signed this agreement,
and that this Agreement is binding on such trust.
8. PAYMENT; COSTS OF ACTIONS AND COLLECTION: Sums owed by Customer to Earth Tech are due and payable within ten
10) days of the date of the invoice. In the event that it shall become desirable or necessary for Earth Tech, LLC to take any action for
the enforcement, construction or interpretation of this Agreement, or any of the provisions hereof, then Earth Tech shall be entitled to
recover all costs, (including reasonable attorney's fees and court costs) incurred in any actions, trials, appeals, mediations, arbitrations,
bankruptcy proceedings, collection proceedings, supplementary proceedings and any pre and post action investigations, demands, and
negotiations. .
9. WAIVER OF JURY TRIAL: To the extent permitted by law, Earth Tech and Customer agree to, and do hereby, waive trial by jury
in any action, proceeding, or counterclaim, brought by any of the parties against the other(s) on any matters whatsoever arising out of,
or in any way connected with, this Agreement.
10. ESTIMATION OF QUANTITIES: The estimated quantities in this Agreement have been based upon estimates and/or limited
information provided to Earth Tech by the Customer and/or agents insurance company or engineer. Since it is impossible to predict
the exact quantities of drilling or grout material actually required to complete this project, it is possible that the quantities and total cost
in this Agreement might change. It is important, that the Customer require Customer's engineer to keep Customer informed regarding
the depth of injection points and grout material quantities as the project progresses. Earth Tech shall have no liability or responsibility
for any such estimates or information.
11. WORK; RIGHT TO STOP WORK OR TERM I NATE CONTRACT; DE-MOBI LIZATION: Customer agrees that the project engineer
is Customer's agent, and Earth Tech may work at the direction of a representative of that engineer and/or the Customer. In the event:
a) the real property which is the subject of this Agreement is or becomes subject to a lis pendens or foreclosure action; (b) any
mortgage or encumbrance on such real property is in default or goes into default; or (c) Customer fails to pay Earth Tech, as and when
due, any sums invoiced or billed by Earth Tech to Customer; then, in any such event(s), Customer shall be automatically deemed to
be in material default under the terms of this Agreement and Earth Tech shall have the right and option, at any time thereafter, to stop
part or all of the work on this project, and/or to terminate this Agreement, in which event Earth Tech shall be paid for ail labor, services
and materials through the date work was stopped and/or this Agreement was terminated, and Earth Tech shall have absolutely no
liability whatsoever to the Customer, including, but not limited to, no liability pursuant to this Agreement, no liability for any repairs, no
liability for any costs to re -start and/or complete the project, and no liability for any losses or damages suffered or incurred by Customer,
and any such liability, if any, is hereby waived by Customer. If any work on this project is stopped or terminated for any reason and by
any person or entity, Customer shall pay Earth Tech a de -mobilization fee and Earth Tech's contract rates for labor and materials in
connection with such de -mobilization, including, without limitation, the costs of pulling any pipe, and grouting as pipe is removed.
12. BILLING BY PHASE OR SCOPE OF WORK: In the event the work is to be performed in more than one phase by Earth Tech,
or includes more than one type of work (such as cement grouting, polymer grouting, underpinning, etc.), Earth Tech shall have the right
and option to invoice the Customer for each separate phase or type of work.
11
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GROUT INJECTION POINT PLAN
106 SYCAMORE COURT
SANFORD, FLORIDA