HomeMy WebLinkAboutBurnett Lime Company
Augusta Richmond GA
DOCUMENT NAME: 13LA-I"VJC:.--\-\- L\.~ c.oh\~~
DOCUMENT TYPE: A5 (-te-VYle n .~
YEAR:
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BOX NUMBER: J
FILE NUMBER: I '3 If q {
NUMBER OF PAGES:
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ST A TE OF GEORGIA
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AGREEMENT
COUNTY OF RICHMOND )
This Agreement is entered into this ~ / day of~, 1998 between Burnett Lime
Company, Inc., hereinafter referred to as Bu~nett and City of Augusta, Georgia hereinafter
referred to as Purchaser.
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1. SCOPE. The Purchaser agrees to purchase and Burnett agrees to sell the
Purchaser a CAL FLO System as described in Appendix A attached hereto, hereinafter referred to
as the "Equipment". Burnett shall provide the Assembly of Equipment and plans for Assembly of
the Equipment to the Purchaser. All foundation, service water connection, waste drainage, power
to control panel, safety devices and operational procedures are furnished by Purchaser.
2. PRICE AND PAThIENT. The price for the Equipment is $163.300.00. The
Purchaser shall give Burnett a purchase order for the full amount of the Equipment plus
installation fee. The Purchaser shall pay Burnett 20% with the purchase order. The remaining
80% of such purchase price shall be due and payable to Burnett upon complete assembly of the
Equipment and upon the successful completion of a function test on said Equipment. The
Purch3:ser shall pay an installation fee of $12,000. 00 due and payable to Burnett upon completion
of the function test on said Equipment and/or start up time.
3. TAXES. The purchase price for the Equipment set forth in Paragraph 2 is
exclusive of applicable federal, state or local taxes. The Purchaser agrees to pay to Burnett
amounts equal to any taxes resulting from the Agreement or any activities hereunder, exclusive of
taxes on Burnett's net income. Burnett may add such taxes to invoices submitted to Purchaser.
Purch2lSer will be responsible for any ad valorem, property of other taxes assessable on Equipment
on or after delivery thereof to the Purchaser.
4. PURCHASE BOND. This Agreement is expressly conditioned upon the
Purcha~ier providing Burnett a Purchase Order in a minimum amount of the price of the Equipment
and Installation as set forth in Paragraph 2 and assuring payment of said purchase price of the
Equipffil~nt to Burnett.
<; DELIVERY. Burnett shall deliver the Equipment to the Purchaser at the
Augusta,.Richmond Water Plant in Augusta, Georgia. Delivery of said Equipment will occur not
less than lQ weeks from the date of the purchase order described in Paragraph 4 is received from
the Purc:haser.
6. RISK OF LOSS OR DAMAGE. All risk of loss or damage shall pass to
Purchaser as to each item of Equipment from the date the Equipment is delivered to the Purchaser
at the delivery location set forth in Paragraph 5.
7. SECURITY INTEREST. Purchaser hereby grants to Burnett a purchase order
security interest in each item of Equipment. This interest will be satistied by payment in full
hereunder or, if expressly consented to be Burnett in writing, by Purchaser's return of the
Equipment to Burnett. Purchaser agrees to execute any documents reasonably requested by
Burllf1! for the purpose of protecting and/or perfecting Burnett's security interest.
8. LThnTED WARRANTIES. Burnett warrants to Purchaser that on the delivery
date, and for a period of one (1) year from such date, that the Equipment will meet the agreed upon
functional specifications of the CAL FLO System so long as CAL FLO Lime Slurry is exclusively
used in the system.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL
OTm: R EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO
W ARHANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY SHALL BE BURNETT'S
OBLIGATION TO MAKE REPAIRS OR GIVE A CREDIT OR REFUND AS SET FORTH
IN THIS WARRANTY.
9. LIMITATION OF LIABILITY. BUR.J.~ETT AND ITS AFFILIATES AND
THEIR AGENTS AND EMPLOYEES SHALL NOT BE LIABLE TO PURCHASER OR TO ANY
OTHER PERSON OR COMPANY FOR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES OR LOST PROFITS, REVENUES OR SAVINGS ARISING OUT OF THE SALE OF
THE EQUIPMENT BY BURNETT TO THE PURCHASER, WHETHER IN AN ACTION FOR
OR ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT,
INCLUDING NEGLIGENCE OR STRICT LIABILITY, PATENT MATTERS OR ANY OTHER
THE9E Y. BURNETT'S ENTIRE LIABILITY FOR ANY CLAIM OR LOSS, DAMAGE OR
EXPEl'SE FROM ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE
MONIES ACTUALLY PAID TO BURNETT BY THE PURCHASER FOR THE EQUIPMENT
WHICh GIVES RISE TO THE CLAIM. THIS CLAUSE SHALL SURVIVE FAILURE OF ANY
EXCLUSIVE REMEDY.
PURCHASER SHALL GIVE BURNETT PROMPT NOTICE OF ANY CLAIM. NO
ACTION OR PROCEEDING AGAINST BUR.J.~ETT MAYBE COMMENCED MORE THAN
TWO (2) YEARS AFTER THE DELIVERY DATE OF THE EQUIPMENT.
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10. ASSIGNMENT. The rights and obligations of either party hereto may not be
assigned and assumed without the prior written approval of the other party, which consent shall not
be unreasonably withheld. Any attempted assignment in contravention of this provision shall be
void a.nd ineffective.
11. SEVERABILITY. If any provision of this agreement shall be held to be invalid
or unenforceable, the remaining provision shall remain in effect. In the event such invalid or
unenfi)rceable provision is considered an essential element of this Agreement, the parties shall
.prol11.,f~!y renegotiate a replacement provision.
12. CHOICE OF LAW. The construction, interpretation and performance of this
Agreement shall be governed by the laws of the State of Georgia.
13. NOTICE. All notices under this Agreement shall be in writing. Any notice by
Burnett to the Purchaser, or by the Purchaser to Burnett, may be given and shall be deemed to
bave been duly given, if either delivered personally or mailed in any general or branch post office
enclosed in a certified or registered post paid envelope addressed to the respective addresses below
stated:
To Burnett:
7095 Highway 11
Campobello, SC 29322
To Purchaser:
Augusta-Richmond Utilities Department
P. O. Box 5408
2760 Peach Orchard Road
Augusta, GA 30906-5408
Either party may at any time change the address for notices to such party by delivering and mailing
an aforesaid notice at least five (5) days prior to such change and setting forth the changed address.
14. FORCE MAJEURE. Burnett shall not be held responsible for any. delay or
failure in performance of any part of this Agreement to the extent such delay or failure is caused by
fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act
of God, inability to secure material/products or transportation facilities, act or omission of carriers
or other causes beyond Burnett's control.
:15. NON-WAIVER. No course of dealing or failure of either party to strictly enforce
any term, right or condition of the Agreement shall be construed as a waiver of such term, right or
condition.
] 6. AMENDMENTS. This Agreement can only be changed, modified, added to or
deleted from the mutual consent of the parties in writing.
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17. ENTIRE AGREEMENT. This document contains the entire agreement between
the parties and no statement or representation not contained herein shall be valid.
ATTESTED:
BURNETT LIME COMPANY, INC.
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AUGUSTA RICH fOND UTILITIES
Authorized person name:
(Print)
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~BlJRNETT LIME COMPANY, INC.
7095 HIGHwi\Y 11 . CAMPOBELLO, SC 29322. 864-592-1658 . FAX: 864-592-1690
May 18,1998
Augusta-Richmond Utilities
Appendix A
CAL''1~O Slurry System CD. S. Patented)
CAL FLO Slurry System for Augusta-Richmond Utilities Department includes the following:
A. Slurry Tank 20,000 gallon capacity carbon steel, vertical tank 12' diameter x 24'
high, dome top and flat bottom complete with internal baffles, agitator, ladder and
guard rails, hatch lid, with proper openings and tie downs.
B. Slurry Holding Tank 20,000 gallon capacity carbon steel, vertical tank 12' diameter x
24' high, dome top and flat bottom complete with internal baffles, al:,J]tator, ladder
and guard rails, hatch lid, with proper openings and tie downs.
C, One Top Entry Mixer complete with 10 H. P. Motor speed reducer, shaft and turbans
complete with mounting plate.
D. One Holding Tank Mixer complete with 10 H. P. Motor speed reducer, shaft and
turbans complete with mounting plate.
E. Three Metering Pumps with 4-20 mil amp stroke adjuster.
F. Transfer pump.
G. Electrical panel, starters.
H. Two Level Indicator.
1. Enclosure over pump.
J. Three pinch valves with limit switches.
K One Holding Tank pinch valve.
L. Pipes, valves, fitting and connections.
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Appendix A - Page 2
May 18, 1998
M. Reverse agitation pipes.
N. Heat Tape and Insulation.
O. Reverse Carbonate System Assembly (L.S. 002)
, P. Supervisory start up assistance.
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