zilongwang/ReadingBank huggingface dataset:
Hazardous Waste Determination Form for Construction, Demolition, or Renovation Project: Waste Description: Generation Process: Estimated Generation Rate: Estimated Quantity: Waste Properties, Characteristics, and Constituents Physical State □ Solid □ w/free standing or absorbed liquid □ Liquid □ Gas pH □ ≤ 2 □ > 2 but ≤ 5.5 □ Not Applicable □ ≥ 5.5 but ≤ 9.0 □ ≥ 9.0 but ≤ 12.5 □ Unknown □ ≥ 12.5 Flashpoint □ < 140 ºF □ < 140 but < 200 ºF □ > 200 ºF Characteristics □ Corrosive □ Ignitable □ Reactive □ Radioactive Asbestos Content □ None □ Friable □ Non-Friable □ unknown PCB Content □ None □ < 5 ppm □ > 5 ppm □ unknown Metals Content □ Arsenic □ Copper □ Barium □ Lead □ Silver □ Cadmium □ Mercury □ Zinc □ Chromium □ Molybdenum □ Other (note) □ Cobalt □ Nickel □ None Composition Constituent Volume % (range) Constituent Volume % (range) Lab Results (if any) Hazard Classification □ Non-Hazardous (Solid Waste) □ RCRA Waste (Hazardous Waste) □ TSCA Waste (Universal Waste) □Other Regulated Waste EPA Waste Codes: Comments: Certification Signing certifies that based on your process knowledge or records on file all information on this form is complete and accurate. Signature Printed initials: Date: Organization Telephone
Regulate employee and students exposure to noise Conduct very noisy procedures out of schools hours or away from classroom where practicable Contact with high pressure Burst air lines Hoses becoming uncoupled Using compressed air to clean clothing Improper handling of gas cylinders Pressure gauges Air hoses in good condition and regularly inspected All hose couplings fitted with pins or chains Cylinders stored upright and secured All pressure gauges inspected regularly for defects Review relevant Safety Data Sheet Contact with chemicals Incorrect handling procedures Lack of information Not wearing appropriate PPE Incorrect storage Elevated exposure levels Safety Data (SDS) is readily available Review SDS and assess risks in consultation with contractor All personnel provided with appropriate PPE Hazardous substances stored and labelled correctly Provide mechanical
Modify task requirements Job rotation Biological hazards Needle stick injury Potential exposure to HIV, hepatitis Potential exposure to Legionella bacteria Provide appropriate biological waste disposal containers PPE is available and used (e.g. eye protection, masks, gowns/overalls and gloves Implement infection control procedures Workplace to provide Cooling Tower Risk Management Plan to contractor Cooling tower to be audited by a certified auditor Emergency management/ evacuation Inadequate access/egress routes No exit signage Blocked access ways Inoperable emergency equipment Access/egress routes are communicated and signed Ensure access ways are Follow emergency evacuation procedures/plans Provide appropriate signage Location of fire equipment is communicated
Construction Management % Building Designers % HVAC % Process Engineers % Geotechnical/Soil Engineers % Civil Engineers % Land Surveyors % Structural Engineers % Environmental % Design/Construct % Mechanical Engineers % Other (describe below) % Interior Design % Testing Lab % Landscape Architecture % Other: % g) Please indicate the approximate percentage of work anticipated this policy year under each category: BUILDINGS Residential % Commercial % High-Rise Offices, Garages % Institutional, Schools, Hospitals, Terminals % High-Rise Apartments % Recreational, Arenas, Exhibition Halls, Exhibitions % Industrial, Manufacturing and Assembly Plants % Heavy Industrial, Ore Crushing, Cement % Process Industrial, Pulp and Paper, Chemical, Food and Beverage, Refineries % Bulk Storage Facilities, Soils, Oil and Gas Tanks % TRANSPORTATION Rapid Transit Systems % Subways % Elevated Rail Transportation % Transmission Lines % Gas Pipe Lines % Roads and Highways, Runways, Railroads, and Switchyards % Materials Handing (Excluding Marine Loading, Unloading and Storage) % Other Pipe Lines % BRIDGES Bridges and Overpasses Not Over Water % Bridges and Overpasses Over Water % Suspension Bridges % Lift Bridges and Swing Bridges % TUNNELS Pedestrian Tunnels % Vehicular Tunnels % Vehicular Tunnels % Other (Specify): % DAMS Temporary Dams and Coffer Dams % Rock Fill Dams % Fill Dams % Concrete Dams % Other (Specify): % Other (Specify): % MARINE WORKS Marine Storage, Cranes, Loading and Unloading Facilities (Excluding Bulk Storage Facilities) % Breakwaters % Dredging & Land Reclamation % Canals & Locks %
PRE-QUALIFIED CONTRACTORS Updated February 21, 2017 FIRM NAME CERTIFICATION STATUS MAX. BOND CAPACITY MAX. BOND CAPACITY PER PROJECT CERTIFICATION EXPIRATION Advance Roofing, Inc. 1950 NW 22nd Street Fort Lauderdale, FL 33311 Annual Commercial Roofing $150,000,000 $40,000,000 06/04/2017 Allstate Construction, Inc 5718 Tower Road Tallahassee, FL 32303 Annual General Contractor $150,000,000 $100,000,000 02/24/2018 APM Construction Corp. 424 Luna Bell Lane, Suite 130 New Smyrna Beach, FL 32168 Annual General Contractor Certified Underground Excavation $20,000,000 $15,000,000.00. 2/12/2018 Charles Partners, Inc. 8200 N.W. 15th Place Gainesville, FL 32606 Annual General Contractor $400,000,000 $150,000,000 02/24/2018 Clancy & Theys Construction 7308 Greenbriar Parkway Orlando, FL 32819 Annual GC $550,000,000 $100,000,000 03/19/2018 D. E. Scorpio Corporation 2700 NW 43rd Street B Gainesville, FL 32606 Annual General Contractor $100,000,000 $25,000,000 07/13/2017 D. J. Haycook Construction 407 Downing Street New Smyrna Beach, FL 32168 Annual GC $20,000,000 $12,000,000 03/19/2018 Emmett Sapp Builders, Inc. 4430 NE 83rd Rd. Wildwood, FL 34785 Annual Building Contractor $25,000,000 $15,000,000 07/13/2017 General Mechanical Corporation d/b/a GMC Corporation 418 N. Segrave Street Suite B Daytona Beach, FL 32114 Annual General Certified Roofing Underground Utilities Mechanical $15,000,000 $10,000,000 06/07/2017 Gibbs & Register, Inc. 232 S. Dillard St Winter Garden, FL 34787 Annual General Contractor Certified Underground $100,000,000 $35,000,000 02/24/2018
Supplier Information 1.1 Supplier details Answer Full name of the Supplier completing the Questionnaire Email address Telephone number Registered company address Registered company number Registered charity number Registered VAT number Name of immediate parent company Name of ultimate parent company Please mark ‘X’ in the relevant box to indicate your trading status i) a public limited company ▢ Yes ii) a limited company ▢ Yes iii) a limited liability partnership ▢ Yes iv) partnership ▢ Yes v) sole trader ▢ Yes vi) other (please specify) ▢ Yes Please mark ‘X’ in the relevant boxes to indicate whether any of the following classifications apply to you i)Voluntary, Community and Social Enterprise (VCSE) ▢ Yes ii) Small or Medium Enterprise (SME) ▢ Yes iii) Sheltered workshop ▢ Yes iv) Public service mutual ▢ Yes Works type Please indicate which areas you are interested in. 1. Electrical ▢ Yes
2. Plumbing ▢ Yes 3. HVAC ▢ Yes 4. Drainage & Drain Clearance ▢ Yes 5. Painting & Decorating ▢ Yes 6. Fabric maintenance ▢ Yes 7. Joinery ▢ Yes 8. General building ▢ Yes 9. Glazing ▢ Yes 10. Roofing ▢ Yes Insurance 1. Please self-certify whether you already have, or can commit to obtain, prior to the commencement of the contract, the levels of insurance cover indicated below: Employer’s (Compulsory) Liability Insurance = £ 5M Public Liability Insurance = £ 2M * It is a requirement that all companies hold Employer’s (Compulsory) Liability Insurance of £5 million as a minimum. Please note this requirement is not applicable to Sole Traders. Suppliers who do cannot answer Yes to the question above may be deselected. ▢ Yes ▢ No Compliance with equality legislation 1. In the last three years, has any finding of unlawful discrimination been made against your organisation by an Employment Tribunal, an Employment Appeal Tribunal or any other court (or in comparable proceedings in any jurisdiction other than the UK)? ▢ Yes ▢ No 2. In the last years, has your organisation had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK), on grounds of alleged unlawful discrimination? If you have answered “yes” to one or both of the questions in this module, please provide, as a separate Appendix, a summary of the nature of the investigation and an explanation of the outcome of the investigation to date. ▢ Yes ▢ No
Townscapes, Inc. www.townscapesinc.com 10087 Sandmeyer Ln Philadelphia, PA 19116 215-676-8039 10/01/15 215-676-6182 Tree Authority, LLC (Hasan Malik) www.TreeAuthority.net 7120 Oakland St Philadelphia, PA 19149 215-694-9607 09/09/16 215-694-9607 Vincent's Landscaping Services, Inc. 7526 Alma St Philadelphia, PA 19111 215-722-5144 06/20/16 215-722-5144 VPS, Inc. Joseph Pileggi Inc 3775 Bristol Rd Doylestown, PA 18901 215-230-3974 08/24/16 215-230-5443 We Get it Done Group 4963 N Franklin St Philadelphia, PA 19120 267-601-3110 05/20/16 215-549-3647
3 CHEMICAL HAZARD COMMUNICATION 4 CONFINED SPACES 4 CRANES AND LIFTING EQUIPMENT 5 DEMOLITION 5 DRIVING AND PARKING 5 ELEVATED WORK (FALL PROTECTION) 7 ELEVATED WORK PLATFORMS 7 8 8 8 EMERGENCIES 9 9 10 10 ENVIRONMENTAL PROTECTION 10 ESCORTING 10 EVACUATION 10 11 11 / 11 EXCAVATIONS 11 FALL PROTECTION 11 FIRE EXTINGUISHERS 12 FIRE PREVENTION 12 FIRE PROTECTION EQUIPMENT 13 GAMBLING 13 GROUND FAULT CIRCUIT INTERRUPTERS (GFCI) 13 HEAVY EQUIPMENT 13 TAPS 13 HOUSEKEEPING 14 LADDERS (PORTABLE) 14 LEAD PAINT 14 LINE AND EQUIPMENT OPENING 15 LOCKOUT/TAGOUT 15 16 16 PERMITS SITE EVACUATION BUILDING EVACUATION ENERGIZED WORK
GENERAL HAZARDS Uneven Ground/ Slips/ Trips & Falls Confined Spaces Driving Power Tool / Equipment Use Ergonomics Loading / Off-loading Equipment and Material Unstable Ground Conditions Safety-At-Heights / Scaffolding / Ladders Cave-ins/ Excavating / Trenching / Shoring Welding / Oxy Acetylene / Grinding Fires/ Hot work Aggressive Animals / Dogs / Etc. High Crime Areas HEALTH HAZARDS Chemical Exposure / Burns Noise Exposure Pesticides / Fumigation PCB / Lead / Mercury Asbestos Other Soil Contaminants Hazardous Material Transportation Hazardous Waste Transportation Radioactive Exposure ENVIRONMENT HAZARDS Weather Conditions Poison Oak Bees, Snakes, Spiders Heat Illness ELECTRICAL HAZARDS Clearance Procedures / LOTO / Grounding Underground / Overhead Utilities Proximity to Energized Equipment Induction GAS HAZARDS Oxygen Deficient Atmosphere Explosive Atmosphere - Burns / Explosions Clearance Procedures / LOTO Dig-Ins / Line Strikes Unmarked or Mismarked Utilities PUBLIC SAFETY Distracted, Impaired, Unsafe Motorists Vehicular Traffic (Work Area Protection) Pedestrian Traffic Proximity to Railroads EXCAVATION Access / Proximity to Energized Equipment Proximity to Energized Circuits OH/UG Energized Lines Overhead Objects Appropriate Tools & Equipment Equipment Certifications Blasting Safety / Certification Confined Space Driving Environmental Issues Open Excavation / Fall Restraint Fire Protection PPE Proper Lifting / Ergonomics Public Safety /Sidewalks / Roads Soil Type / Conditions / Shoring / Sloping Site Safety Slopes / Terrain Spoils Management Traffic / Transport / Flagging USAs Work Site Protection Weather CRANE Crane Capacity Crane Size Load Weight Lift Plans Traffic / Transport Setup/Access Stability / Terrain Rigging Cribbing Dangerous Operations Driving Equipment Certification Operational Certification Electrical Hazards Equipment Grounding Clearances Environmental issues Experience PPE Suspended Loads Weather Conditions TRAFFIC CONTROL / FLAGGINIG Environmental Conditions Non-Compliant Drivers Pedestrian Safety Permits Public Safety Qualifications / Certifications Site Specific Hazards Traffic Control Plan Low Light Conditions Weather Work Site Protection 11 HAZARD MITIGATION: In addition to the safe work practices included in our Injury & Illness Prevention Program, the specific hazard mitigation measures used on PG&E work will typically include: Add task, hazard, mitigation and required training below for each major task performed on behalf of PG&E: Task Description Hazard Description Hazard Mitigation Required Training
→ Persons who violate the Ordinance’s gift restrictions are subject to fines between $1,001 and $5,000 for each violation; → Persons who knowingly make, solicit or accept a political contribution in violation of the Ordinance are subject to fines between $1,000 and up to the higher of $5,000 or three times the amount of an improper contribution; → Persons who violate any other provision of this chapter are subject to a fine between $500 and $2,000 for each offense. City of Chicago Board of Ethics 740 North Sedgwick, Suite 500 Chicago, Illinois 60654 312.744.9660 @ChicagoEthicsBd William F. Conlon, Chair Rahm Emanuel, Mayor Steven I. Berlin, Executive Director Rev. July 2018
Week Date Flushed/Purged Yes/No Nominated Contractor Signature Week Date Flushed/Purged Yes/No Nominated Contractor Signature Week Date Flushed/Purged Yes/No Nominated Contractor Signature Week Date Flushed/Purged Yes/No Nominated Contractor Signature Week Date Flushed/Purged Yes/No Nominated Contractor Signature Week Date Flushed/Purged Yes/No Nominated Contractor Signature Week Date Flushed/Purged Yes/No Nominated Contractor Signature
Please list the full name of any subcontractor used to complete the project. The Grantee certifies that they have checked the federal debarment/suspension list, at the Web site , for the agents and/or subcontractors listed below. Submit this form to your State Contact listed on the cover page of the Agreement. Grantee:___________________________________________________________________ Project Name:____________________________________________________________________ Contractor Name: Address: Not on Debarment Suspension List Contractor Name: Address: Not on Debarment Suspension List Contractor Name: Address: Not on Debarment Suspension List
HIGHWAYS - AREA OFFICES AREA 1 - RICHMOND Gatherley Road Industrial Estate BROMPTON ON SWALE DL10 7JQ E: AREA 2 - THIRSK Thirsk Industrial Estate York Road THIRSK YO7 3BX F: 01845 522603 E: AREA 3 - WHITBY Discovery Way WHITBY YO22 4PZ E: AREA 4 – KIRBY MISPERTON Beansheaf Industrial Park Road KIRBY MISPERTON YO17 6BG F: 01653 669578 E: AREA 5 - SKIPTON Snaygill Estate (off Keighley Road) SKIPTON BD23 2QR E: AREA 6 - BOROUGHBRIDGE Stump Cross BOROUGHBRIDGE YO51 9HU E: AREA 7 - SELBY Canal Road SELBY YO8 8AG F: 01757 701478 E: For any general enquiries, please contact our Customer Resolution Centre: Tel: 01609 780 780 Email:
Peth, Shop No.4, Bicholim Goa. (Ph:9970162835) M/S Parkar Electricals Chamundi Co.op. Housing Society, Margao-Goa. (Ph:9420297599) GLB-607 660.V. Shri Baburao B. Parkar GSP-1706 Shri Mario F. Rodrigues GWP-3063 31st Dec, 2016 M/s S.S. Engineers & Contractor. H.No.2, Guirim, Nuvem Nuvem, Salcete –Goa. (Ph:8600043780) GLB 610 660.V. Shri Bandodkar Sandeep GSP-1719 Shri C. Naik GWP-4192 31st Dec, 2017 M/S Modern Electrical Agency GF-2/233-1 Fernando Near, Luice Garage, (Ph:7798386794) GLB -612 660V. Shri Abdullha H. Shaikh GSP -407 Shri Vithoba Dessai GWP-896 31st Dec, 2016 M/S Tana Electricals (Formerly S.P. Dubashi & Associates) Shop No.G-2, Ground Floor, Phoenix Estates, Near Old Bombay Bus Stand, Gogal, (Ph:9822103109) GLB -615 33.K.V. Shri Shirish P. Dubhashi GSP-666 Shri Ashok B. Naik GWP-345 31st Dec, 2016 Shri Kashinath V. Raikar GWP-181 M/s “Kaushik” Enterprises, Enterprises, “Lotus” H.No. 212/A, Vassuda-Hsg. Colony, P.O. Bambolim Complex (Ph:9422062459) GLB-616 660 Volts Shri Sambary Prasad Vithal GSP-1697 Shri Eknath Kusta Naik GWP-1288 31st Dec, 2016 M/S Shri Sai Services Siddheshwar Nager, Sanquelim-Goa (Ph: 9326102750) GLB-619 11 KV. Shri Jovito S. Mendes GSP-1212 Shri Sameer G. Mhale GWP-5484 31st Dec, 2016 Shri Chandgadkar Shailesh J. GSP-2125
Invasive Plant Control Contractor List *the following licensed herbicide applicators are approved for invasive plant control in the Thompson-Nicola Regional District H.P. Contracting Contact: Mike Latremouille Merritt Phone: (250) 378-2477 Cell: (250) 378-7992 Email: Easy Feed Fertilizer Contact: Frank Rakow Armstrong Office: 250 832-6931 Cell: 250 833-8120 Email: frakow@telus.com Bugs-Gon Tree Spraying Contact: Debbie Turner Kamloops Phone: (250) 554-1117 Email: Seasonal Outside Solutions Landscaping and Irrigation Ltd. Contact: Nancy Syme Kamloops Phone: 250 571-7253 Thompson-Nicola Invasives Mgmt. Contact: Todd Lang Kamloops Phone: 250 851-6675 Email: GRAYCO Contracting Ltd. Contact: Gary Gray Kamloops Phone: 250 319-2211 Email: Lower Nicola Site Services Contact: JJ Holmes Merritt Phone: 250 315-3187 Email: Purity Feed Co. Ltd. Contact: Robson Rogan Kamloops Phone: 250 Email: Bruno Mailloux Quilchena Phone: 250 378-4535 Cell: 250 378-0058 Email: JL Vegetation Solutions Contact: John Spackman Peachland Phone: 250 767-2671 Email: Colebran Vegetation Ltd. Craig Somerville Peachland Phone: 250 801-7468 Tk’emlupsemc Forestry Development Corp. Contact: Dwayne Paradis Kamloops Phone: 250 851-1634 Joy Gammie 70 Mile House Phone: 250 706-2241 Email: Setetkwe Environmental Inc. Contact: Cheryl Phippen Barriere Phone: 250 573-1750 Email: High Mountain Contracting Contact: Charles Joyal Merritt Phone: 250 315-3060 Email:
Areas to be assessed Essential Desirable Qualifications A good standard of education including GCSE Math’s and English Working experience in a similar role A relevant industry specific qualification would be desirable HNC/HND or a degree in a subject such as project management. Experience/ knowledge Previous experience in managing contracts and familiarity with managing M&E and general Health and Safety legislation; Knowledge of analysing contracts with an eye to reduce and increasing profits, while ensuring compliance with the law; Ability to ensure that all of our contracts conform to legislative requirements and meet our goals Experience of building and maintaining strong relations with contractors, specialist suppliers and professional stakeholders Advanced in the use of Microsoft Office, esp. Word and Outlook Experience of working in a busy office environment Negotiating skills Experience of Microsoft Excel and PowerPoint Experience of using other relevant IT packages Experience in maintaining databases Skills/qualities Excellent communication and interpersonal skills Self-motivated and able to work both independently and collaboratively Strong organisational skills Attention to detail Personable and approachable manner Experience of dealing with a range of people To apply, please send a CV and letter of application stating why you think you would be suitable for this position, to: Mrs Deborah Coleman Assoc CIPD, HR Officer, Bath Abbey Office, 12 Kingston Buildings, Bath BA1 1LT Closing date for applications is 5pm Friday 12th October 2017
Prospectively, not retrospectively - Tuckwiller v. Tuckwiller Public policy (void) - § 178 Promise to commit tort - § 192 Marriage - § 189 New categories sometimes, but not always, recognized - Black Industries v. Bush Exculpation clauses in adhesion contracts Strict construction - § 206, Gallligan v. Arovitch Adequate notice - § 211, Klar Public policy - § 178, O'Callaghan, cf. Henningsen Unconscionability - § 208, UCC 2-302(1), cmt. 1 Statutes regulating substance of contracts 5. REMEDIES Specific Performance Limitations Damages would be adequate - §359, 360 Bargain was unfair – McKinnon v. Benedict; Tuckwiller v. Tuckwiller Expectation Damages Loss in value + other loss – cost avoided – other loss avoided [what ∆ promised – what ∆ delivered] [cost π expected in performance – cost π actually incurred] Limitation Avoidability – Rockingham County v. Luten Bridge Constructive Service – Parker v. 20th Century-Fox Incomplete or defective performance Jacob & Youngs v. Kent; Peevyhouse v. Garland Coal cf. Groves v. John Wunder Uncertainty – Collatz cf. Fera v. Village Plaza Unforeseeability – Hadley v. Baxendale Liquidated Damages Limitations Penalty – Dave Gustafson v. State Unconscionability - Henningsen Reliance Damages Restitution Damages Nominal Damages - $1 or 6¢
Reliance acts not necessarily what other side requested 45 and 62: unilateral contracts: part performance of what is asked for 90 majority: about a promise with justified reliance, not an offer: 87(2) (minority) adds reliance to an unaccepted offer as same as promise 87(2): needs reliance of substantial character (more than 90), but still minority reliance: most of the time what the seller wants, BUT: if clear you will use offer to do more, then reasonable reliance easier to find in Berryman: relied on expertise to say unreasonable Pop’s Conses v. Resorts International NJ requires clear and definite promise: have a deal, don’t renew lease Pop’s did not renew lease, to its detriment Here: promissory estoppel even though know true offer When D is taking action in reliance Test hint: careful if reliance is legal fees or storage or something they would have anyway, needs new cost Review: What an offer binding Unilateral: beginning performance or tendering is irrevocable §45 Bilateral: looking only for promise: beginning performance does nothing unless conduct that equals acceptance (take the good or something) § 62: contract that invites acceptance by performance/promise: begin performance=acceptance Traditional option contract: option supported by legally sufficient consideration 87(1): recital of purported consideration (signed in writing and pose exchange on fair minority 87(1)(b): statute: UCC 2:205 and CISG equivalent promissory estoppel: predicated on offer: Drennen (often limited to bidding) or its expansion in 87(2) to whatever (minority) promissory estoppel: reliance on promise or something less (series of assurances of deal, promise) Pop’s Cones Reasonability and detriment hashed out in injustice inquiry Injustice purpose: alternatives of enforcing promise (like have avoided the injury) or courts can put in unclean hands b. (promissee doing something dirty) B. Liability for Benefits Received: Restitution 1. Restitution in the Absence of a Promise Notes/Cases Credit Bureau Enterprises Inc. v. Pelo Guy committed to institution against will, hospital trying to recover, used stuff below (116) (didn’t get implied in fact, but used restitution under 116 in emergency situation
Failure to read an enforceable clickwrap agreement will not excuse compliance with its terms Feldman v. Google: P sued D over agreement made for online ads and recovery from fraud clicks; clickwrap agreement included forum selection for disputes to be heard in CA; P says didn’t see it; A bottom of agreement that he was supposed to read before hitting accept Court: there was reasonable notice and mutual assent because it stated for him to read the terms and reasonably prudent person would have known of existence of terms; P hit accept willingly Shrinkwrap Terms Purchaser orders a product. When P receives product, it is wrapped in plastic, contains warning that opening plastic and using product constitutes agreement to the term contained. Purchaser has an opportunity to inspect product and terms, P may return product if unhappy. If don’t return, agree to terms. ProCD (Majority) Rule: When purchaser places order, vendor is the one making the offer by shipping product with terms & conditions included; If vendor states that purchaser accepts offer by retaining product for certain amount of time, purchaser bound by terms if he does not return the product within the time period. Purchasers are not bound until they receive the product and terms, inspect them and decide whether or not to keep the product. Kleock (Minority) Rule: Purchaser makes offer and shrinkwrap terms are proposals for additions to contract governed by UCC § 2-207(2). Purchasers bound when vendor accepts payment. If between consumer and merchant seller, merchant terms not part of contract unless agreed to by customer If between two merchants, terms not part of contract if any of three situations in 2-207(2) apply Defontes v. Dell: P alleges D’s collection of taxes on optional service is wrong; D’s terms say mater should be arbitrated due to terms on hyperlink on website (browsewrap) sent to P after placing order and were shrinkwrapped to product when received Court: Followed ProCD and said K formed when customer received the product; also not reasonably apparent that P could reject terms by returning the product because too many elements ambiguous; Reasonable person would not have understood how to reject by returning the product Browsewrap Terms Different from clickwrap because terms are available on the website, but one is not required to scroll
CONTRACTS AWARDED BY THE PUBLIC PROCUREMENT BOARD FOR THE PERIOD OCTOBER – DECEMBER 2013 No. Name of Project Contract Amount Name of Contractor/Consultant Date of Award Implementing Authority 1 Tender for the Supply of Hospital Equipment EC $128,743.02 Lazaro Alayon Biomedical International Corporation 14 October 2013 Ministry of Health 2 Tender for Supply of Hospital Equipment EC $94,711.18 Amos T Laquis AA Laquis Ltd 14 October 2013 Ministry of Health 3 Tender for the Construction of the Proposed Girl Guides Headquarters Building in Lookout EC $589,000.00 Harewood Construction 21 October 2013 Project Implementation Unit 4 Tender for Design, Tender Administration and Construction Supervision Services for Glendon Hospital Redevelopment, Montserrat US $1,749,292.00 Gilbert Fontenard FDL Consult Inc 10 December 2013 Ministry of Finance and Economic Management Ministry of Finance and Economic Management Government Headquarters Brades Montserrat Tel: 664-491-2356/3057/2777 Fax: 664-491-2367 Email
A offers to sell B as many of product X as B may choose to buy, B accepts agreeing to buy as much as he wants of product X (illusory – B’s acceptance has not bound him to buy anything: A offers a service to B, B agrees but reserves the right to terminate the agreement at any time (illusory – B’s promise is not consideration) Same as example a but A requires B to buy at least 100 of product X and B agrees (not illusory – B has agreed to pay something) Comment: Reserves a choice of alternative performances See Output & Requirement Contracts for the UCC Approach Moral Obligation Promise for Benefit Received (R.2d §86) A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice. A promise is not binding under subsection (1) If the promisee conferred the benefit as a gift or for other reasons the promisor has not been unjustly enriched; or To the extent that its value is disproportionate to the benefit. Elements Promise In recognition of a benefit previously received by the promisor from the promisee Enforced to the extent necessary to prevent injustice Not a gift (promisor has been unjustly enriched) Enforced only to the extent proportionate to benefit Promissory Estoppel Promise reasonably Inducing Action or Forbearance (R.2d §90) A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires. (omitted) Comment: Does justice require enforcement? Definite & substantial character of the reliance Reasonableness of the reliance Formality of the promise
Testimony of owner of property (but credibility might be an issue) Comparable of similar properties Arms’ length resale of property involved in K dispute, not fire sale or compulsive (if resale after time of breach, consider surrounding circumstances for whether good indication of FMV at time of breach) G/R: post-judgment interest to successful party, but pre-judgment interest only where P’s claim was for liquidated sum (ascertainable amount) Rst Modern Rule: non-breaching party’s damages can be measured by either (1) diminution in value or (2) reasonable cost to complete or repair defects if that cost is not clearly disproportionate to probable loss in value to her CL Traditional Rule: non-breaching party’s damages are generally measured by cost to complete, and diminution in value is the exception Jacob & Youngs v. Kent: diminution in value exception applies only when substantial performance made in good faith and cost of completion involves great economic waste (i.e., tearing down already completed work); applies when breach was incidental and cost of completion was disproportionate (and would overcompensate P) Restrictions on Recovery Foreseeability: losses may be foreseeable as a probable result of breach because it follows from the breach (1) in the ordinary course of events (arise naturally from the breach – general or direct damages) or (2) as a result of special circumstances, beyond ordinary course of events, that breaching party had reason to know, e.g., if other party told them Lost profits from collateral Ks Injury to person or property caused by goods that do not conform to K warranties New business: traditionally, courts rejected lost profit claims; modern trend is to allow a new business to try to establish lost profits by, for example, offering proof of profits of comparable businesses Certainty: evidence must be sufficient to persuade fact-finder that loss is more likely to have occurred than not (preponderance of evidence) and must give fact-finder enough basis for calculating money damages
as an it cannot be accepted so as to form a contract unless the terms of the contract are reasonably certain. (2) The terms of a contract are reasonably certain if they provide a basis for determining the existence of a breach and for giving an appropriate remedy. (3) The fact that one or more of a proposed bargain are left open or uncertain may show that a manifestation of intention is not intended to be understood as an offer or as an acceptance.” Restatement, Second, Contracts §34 – Certainty and Choice of Terms; Effect of Performance or Reliance “(1) The terms of a contract may be reasonably certain even though it empowers one or both parties to make a selection of terms in the course of performance. (2) Part performance under an agreement may remove uncertainty and establish that a contract enforceable as a bargain has been formed. (3) Action in reliance on an agreement may make a contractual remedy appropriate even though uncertainty is not removed.” Sale of Goods UCC §2-204 – Formation in General “(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract. (2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined. (3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.” Special Cases Construction contracts - Both industry custom, as expressed in standard form subcontracts, and the circumstances surrounding the particular project, dictate the kinds of provisions the subcontractor should reasonably have expected in its final subcontract. (Crook v. Mortenson-Neal) Option Contract General Option Contract (Restatement (Second) Contracts §87) “(1) An offer is binding as an option contract if it (a) Is in writing and signed by the offeror, recites a purported consideration for the making of the offer, and proposes an exchange on fair terms within a reasonable time; or (b) Is made irrevocable by statute. (2) An offer which the offeror should reasonably expect to induce action or
Counter-Offer Offeree makes new offer to offeror relating to the same matter as original offer, and proposes a substitute bargain differing from the original Terminates power of acceptance for original offer, unless contrary intention was manifested Imposing any additional conditions on offer or proposing to limit it constitutes counter-offer, regardless of intention to accept (acceptance must be expressed unconditionally) (Ardente v. Horan – asked for furniture/fixtures = c/o) invites acceptance from original offeror Acceptance: Acceptance of an offer completes a K Acceptance = Manifestation of Intent to be Bound by Offer Accept by performance – must tender partial performance Accept by promise – must complete every act essential to making of promise Terminate Power of Acceptance by: Rejection or counter-offer by offeree Lapse of time (either fixed in K or reasonable under circumstances) (RST § 41) (Akers v JB Sedberry – did not accept offer to resign) Revocation by offeror Death/incapacity by either offeror or offeree Non-occurrence of condition of acceptance under offer Acceptance through Silence: RST § 69 General rule is that silence is NOT acceptance. Exceptions: When offeree takes benefit of offer w/ reasonable opportunity to reject and reason to know they were offered w/ expectation of compensation (Register.com v. Verio – saw terms after downloading every time) When offeror states or gives reason to understand that assent may be manifested by silence/inaction, and offeree in doing so intends to accept b/c of previous dealings, or otherwise, reasonable that offeree should notify offeror if he does not accept If offeree does any act inconsistent w/ offeror’s ownership, he is bound by offer Mailbox Rule: acceptance effective when dispatched; revocation effective when rcvd issues arise when mail is delayed protects offeree against revocation once acceptance is dispatched places risk of lost communication on the offeror
Awarded Contracts Tender Reference Directorate Contract Title Provider Name Contract Value Award Date Estates Maintenance contract for bin cleaning for the SHSCT SITA (NI) £12,846 15/09/15 2015/CK/01 MHD primary mental health services Praxis Care £490,000 07/07/15 2015/CK/02 MHD Advocacy services (Carers of those in receipt of mental health services) Cause (NI) Ltd £200,000 11/11/15 2015/CK/02 MHD Advocacy services (Adults in receipt of mental health services) Niamh Wellbeing £320,000 11/11/15 2015/CK/02 MHD Advocacy services (Adults with a learning disability) Disability Action (NI) Ltd £35,000 11/11/15 2015/CK/06 MHD Advocacy services (Adults with a physical and / or sensory disability) Disability Action (NI) Ltd £132,000 20/04/15 2015/CK/08 MHD A social inclusion support programme for adults with acquired brain injuries and their carers Head Injury Support Ltd £433,200 05/10/16 2015/CK/09 MHD Advocacy services (For young people aged 16+ transitioning to adults services) Disability Action (NI) Ltd £90,000 22/11/16
It is more difficult to find unconscionability in business contexts because it’s hard to argue that there is a difference in bargaining position. When the contract is “permeated by the unconscionability,” the court cannot simply strike the clause that is problematic. No damages awarded. 1965 Facts: Payments applied to one’s account were prorated to pay for each object on the account so it was almost impossible to pay things off. Holding: This could very well be unconscionable if found by the court. Rationale: Court must look at the ability to understand the contract. Also, if there was no bargaining power, there could not have been consent to all terms. 1969 Facts: $300 freezer ends up being sold by door-to-door salesman for about $1,400. Holding: Defendant can keep the $600 that has been paid and plaintiff is required to pay no more. Rationale: We should resist people taking advantage of the uneducated. In this case, the defendant was more than properly compensated. 2000 Facts: Plaintiffs allege they were discriminated against for their heterosexual orientation but were compelled to arbitrate their claims. The employer was not held to any arbitration requirement. Holding: The one-sided nature of the contract makes it unconscionable. Rationale: Employment contracts must be closely scrutinized because employees are at their most desperate time. In this case there was a lack of mutuality (arbitration is not always bad).
Title: Signature: __________________________________ Date: _____________ WITNESSES (CONTRACTOR) CONTRACTOR Name: ____________________________________ Signature: _______________________________ Title: ______________________________________ Signature: _______________________________ Signature: __________________________________ Date: _____________
Contract Extension: Surname Forename Title Warden Assistant Warden Subwarden Name of Hall Date of extension From: To: CID Number Please look on staff/student ID card Other Changes Please specify: Eligibility Wardens/Assistant Wardens: Subwardens: must be a member of staff/full time postgraduate student usually postgraduate students Authorisation Details: I confirm that the person above is eligible to continue as Warden/Assistant Warden/Subwarden Name of person requesting contractual change Authorisation: Wardens – to be authorised by the Director of Student Services Assistant and Sub Wardens – to be authorised by the relevant Warden Once authorised, please forward form directly to HR. Title / Position Signature Date For HR Use only Continuous Service Date in role (include in extension letter):
WBE Certified Milhench, Inc. Prompt Pay Discount: 1% 10 days, 1% 15 days Heike Milhench 508-995-8331 VC0000188776 8 Foodservice Equipment Contract/Blanket PO# By clicking on the vendors PO number this should bring you directly to their COMMBUYS page Vendor Name Contract Manager Name, Email MMARS Vendor Code MMARS Vendor Line Boston Showcase Prompt Pay Discount: ½% 20 days Mike Demersky 617-965-1100 VC6000155303 1 Eastern Bakers Supply Prompt Pay Discount: ½% 10 days Leah Zacchini 617-523-2682 VC6000156544 3 WBE Certified Harbour Food Service Equipment Prompt Pay Discount: 1% 10 days, ½% 15 days Ken Goldstein 617-884-3900 X310 VC6000186795 4 Janco Sales and Service Inc. Prompt Pay Discount: ½% 10 days Edward Janini 508-230-2443 VC6000188028 5 WBE Certified Kittredge Equipment Company Prompt Pay Discount: 1% 10 days Colin Woodfall 413-304-4100 VC6000159419 6 Strategic Sourcing Services Team Members Name Department Stephen Burnett Department of Correction Christopher Gendreau Department of Correction Steven Toomey Department of Correction Fernandez Strategic Sourcing Services Lead Operational Services Division Wolfe Operational Services Division
10+2/Higher Secondary/ equivalent Bachelor's degree Master's degree M. Phil. Title: Ph. D./D.Phil. Date of Award: Title: JRF/NET/SLET/SET for lectureship, if any Subject Roll No. Year Any other exams passed 11. Chronological list of Experience (starting from current position/ employment) Designation Scale of pay & present Basic & AGP Name & address of employer Period of Experience Nature of work/ duties From To No. of Years/ Months (As on date of advertisement) (a) (b) (c) (d) (e) (f) (g) * (Add separate sheet if required, to be annexed at relevant Sl. No.) 12. Nature of Experience Designation Name of Organisation No. of Years Teaching i) Under-Graduate level ii) Post-Graduate Industry Experience Other experience, if any Total Experience * (Add separate sheet if required, to be annexed at relevant Sl. No.)
CONTRACT AGENTS - VALID RESERVE LISTS FG Profile Panel Reference Expiration Date II Administrative/Financial Officer REA-CAST-17-ADM/FA-C4-FGII-93 31/12/2018 Secretary REA-CAST-17-SEC-FGII-94 31/12/2018 III Financial Officer REA-CAST-15-FO-FGIII/84 31/12/2018 Financial Officer REA-CAST-17-FO-A1/B2-FGIII-96 31/12/2018 Administrative Officer REA-CAST-17-ADM-B3-FGIII-97 31/12/2018 Administrative/Financial Officer REA-CAST-17-ADM/FIN-C3-FGIII-98 31/12/2018 IV Project Adviser REA-CAST-16-PA-FGIV-88 31/12/2018 Audit Adviser REA-CAST-16-AUDIT-FGIV-90 31/12/2018 Legal Adviser REA-CAST-17-LA-FGIV-91 31/12/2018 Communication Adviser REA-CAST-17-COM-FGIV-92 31/12/2018 Project Adviser REA-CAST-17-PA-B4-FGIV-99 31/12/2018 Administrative/Financial Adviser REA-CAST-17-ADM/FIN-C4-FGIV-100 31/12/2018 Project Adviser REA-CAST-17-PA-FGIV-101 31/12/2018 Administrative/Legal Adviser REA-CAST-17-ADM/LA-C3-FGIV-102 31/12/2018
CONTRACT AWARD NOTICE GENERAL INFORMATION Bid/contract reference No. 008-15/4.1.17-1 Bid/contract description Procurement of Hardware Equipment Method of selection Shopping Contract signature date 19 August 2015 Duration 10 days Contract amount 546,525.00 MKD CONSULTANT DETAILS Consultant’s name Makpetrol AD Skopje City Skopje Country Macedonia Published 20 August 2015 ИЗВЕСТУВАЊЕ ЗА СКЛУЧЕН ДОГОВОР ОПШТИ ИНФОРМАЦИИ Бр. на набавка 008-15/4.1.17-1 Предмет на набавка Набавка на хардверска опрема Метод на селекција Купување Датум на потпишување договор 19.082015 Времетраење 10 дена Вредност на договорот 546.525,00 MKD ПОДАТОЦИ ЗА КОНСУЛТАНТОТ Назив Макпетрол АД СКопје Град Скопје Држава Македонија Објавено на 20.08.2015
________________________________ HUSBAND - ________________________________ WIFE – ________________________________ MEDIATOR – BARBARA S. COHEN
Contract No: F3XXXX-97-DXXXX Date Awarded: 6 December 1996 Title: “Refuse / Recycling” Administrator: TSgt John M. DOE Award Amount: $XXX,XXX.XX Current Amount: $X,XXX,XXX.XX Contractor: ABC COMPANY P.O. Box 123 (123 Main) City, State, Zip 12345-1234 555-555-5555 Fax: 555-555-5544 Project Manager: Jane E. Doe / Adam Smith 333-3333 QAE / Phone: TSgt Joe Jones (XX CES/CEOE) 222-2222 Contract Expires: Fourth Option Year: – Mod Nbr Dated Dollar Amount Comments / Remarks P00001 + XXX.00 Add line item (0001BC) and Incorporate building changes at P00002 + X,XXX.00 Add five facilities to pick up points, Effective P00003 + XXX,XXX.00 Exercise Option Year 1 and Incorporate new Wage Determination P00004 + X,XXX.00 Add funding for Wage Claim (Equitable Adjustment) P00005 + XXX,XXX.00 Exercise Option Year 2 and Incorporate new Wage Determination P00006 + X,XXX.00 Add funding for Wage Claim (Equitable Adjustment) P00007 + XXX,XXX.00 Exercise Option Year 3 and Incorporate new Wage Determination P00008 n/c Change pickup schedule for Item 11, “Old Commissary” Notes: Last Updated:
24. MORTGAGE INFORMATION AUTHORIZATION: Seller authorizes the _______________________, and the employees thereof, to obtain payoff statements on any mortgage loan or other lien encumbering title to the premises sold under this contract. THIS IS INTENDED TO BE A LEGAL DOCUMENT. AN ATTORNEY AT LAW SHOULD BE CONSULTED PRIOR TO THE EXECUTION OF THIS DOCUMENT. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals to several counterparts of this Contract, of equal effect. DATE SIGNED BY SELLER: __________________________, 20__. X___________________________________ , Seller DATE SIGNED BY BUYER: ___________________________, 20__. X___________________________________ , Buyer This Contract will be deemed effective as of the last date signed. The above-named designated Escrowee hereby accepts the escrow on the terms and conditions heretofore set forth. X_________________________________________ Agent for Escrowee
Example Number of strategies/ initiatives planned (Strategies/ initiatives planned whether implemented or not). Strategies/ initiatives completed (Strategies/ initiatives that were completed. Include strategies). Overall how effective have your completed strategies/initiatives been in enhancing access and inclusion on a scale of 1-4? Please rate each completed strategy/initiatives using the rating scale below. Outcome 1 10 7 2 3 3 4 1 2 3 2. For 2013─2014, how have you informed Agents and Contractors about your DAIP? (Please tick) Provided a copy of your agency DAIP Provided a link to the DAIP on your website Sent a letter Referenced in a new contract(s) Referenced in a contract variation(s) Included requirement in funding/sponsorship agreements Other (please describe) 3. How do Agents or Contractors report progress of outcomes to you? (Please tick) Through internal annual progress reporting systems (email, meetings etc.) Completing a contractor progress reporting template Did not report (please explain) 4. Please provide a description of any significant DAIP initiatives undertaken by your organisation and by agents and contractors in 2013─2014.
MATERIAL CHANGE: Prior to the Closing Date, Seller agrees to prevent any material adverse change in the title or condition of the Property. BUYER’S WORK PRODUCT: As consideration for entering into the Purchase Agreement, if the agreement is cancelled prior to the Closing Date, all of Buyer’s work product pertaining to the subject property shall be turned over to Seller. Buyer’s work product includes but is not limited to surveys, due diligence reports, title reports, preliminary site plans, and a development pro forma. BUYER’S CONDITIONS OF PURCHASE: In addition to the conditions already set forth, Buyer shall have the option of cancelling this contract prior to Closing if any of the following conditions are not met: Clean Title: The property shall have a clean title. Satisfactory Due Diligence: Due diligence, as described in the attached due diligence checklist, shall be satisfactory. Entitlements: The property shall have all necessary entitlements, including but not limited to right-of-way vacations. Seller agrees to cooperate with Buyer to attain necessary entitlements. Property and Construction Financing: is able to secure a combination of cash and new loans in order to purchase and construct Buyer’s project. TRANSFERABILITY: This agreement may be transferred to any entity in Buyer is a Principal. THIS IS A LEGALLY BINDING WHEN SIGNED BY BOTH BUYER AND SELLER, IF NOT UNDERSTOOD, SEEK LEGAL ADVICE. ________________________________________ Buyer Date ________________________________________ Seller Date
(1) Bath and North East Somerset Clinical Commissioning Group, whose Headquarters is at Kempthorne House, St Martins Hospital, Midford Road, Bath, Avon, BA2 5RP (the "CCG"); and (2) XXX. registered office is at XXX (the "Provider") BACKGROUND: (A) The CCG is the commissioner of health services for the Bath and North East Somerset area. The CCG wishes to purchase an NHS Service for Emergency Supply of (POMs) (B) These services as outlined in Schedule 1 will be delivered by the Provider under the Terms set out in the Agreement IT IS AGREED AS FOLLOWS: Definitions In this Memorandum of Understanding , save where the context requires otherwise, the following words, terms and expressions shall have the meanings given to them below: "1998 DPA Act" means the Data Protection Act 1998 and includes reference to all related legislation "Agreement" this Memorandum of Agreement "CCG's Authorised Officer" means the person nominated by the CCG in accordance with Clause 10.2 "Clinician" means a clinician employed or engaged by or through the Provider in the provision of the Services or in connection with this Agreement, whether such clinician is a partner, director, sub contractor, member of agency staff or is in any manner employed or engaged by the Provider or is employed on his own account as an independent contractor to the Provider "Commencement Date" 1st February 2015. "Contract Meeting" means the meeting between the CCG’s Authorised Officer and the Provider's Authorised Officer to be held in accordance with Clause 10.5 "Contract Period" means the period that this Agreement remains in force, commencing on the Commencement Date for one year. "CRB "