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CAG2021-540 - Original - Xylem Dewatering Solutions, Inc. - Green River Natural Resource Area (GRNRA) Pump - 12/20/2021
Nancy Yoshitake for Toby Hallock Public Works 12/16/2021 12/23/2021 N/A D20023 N/A Xylem Dewatering Solutions, Inc.Contract Other Green River Natural Resources Area Pump Supply a portable pumping system during the wet season. $46,126.40 Other 12/20/21 CAG2021-540 12/20/21 GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Xylem Dewatering Solutions, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Xylem Dewatering Solutions, Inc. organized under the laws of the State of New Jersey, located and doing business at 8445 South 218th Street, Kent, WA 98031, Phone: (253) 395- 5450, Contact: Collin Binder (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply a portable pumping system for the Green River Natural Resources Area North Pump Station during the wet season. For a description and Vendor's quote, see Exhibit A which is attached and incorporated by this reference. The Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by April 1, 2022. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty Six Thousand, One Hundred Twenty Six Dollars and Forty Cents ($46,126.40), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid monthly for five months upon submittal of invoice for the pump rental. GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV.INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII.FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII.CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1.The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) should have known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI.DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then the Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: Ilk- By: — Print Nam e�'SE Its Reui ova J SJeS Ma✓ DATE:12/"I/2( NOTICES TO BE SENT TO: VENDOR: Collin Binder Xylem Dewatering Solutions, Inc. 8445 South 218t11 Street Kent, WA 98031 (253) 395-5450 (telephone) (253) 395-5451 (facsimile) Xylem - GRNRA N PS Pump RentaVMallock CITY OF KENT: Print Name: Dana Ralph Its Mayor DATE: 12/20/2021 NOTICES TO BE SENT TO: CITY OF KENT: Chad Bieren, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: -0j"k%rkl- Kent Law Department ATTEST: k � � k16� Kent City Clerk DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For Title:._�e��o�.c� Date: I EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EXHIBIT A 8445 South 218th Street Kent, WA 98031-1948 Item Tel:253-395-5450 Let's Solve Water godwin ® FLY[iT RENTAL QUOTATION DAILY DAILY WEEKLY WEEKLY MONTHLY MONTHLY DESCRIPTION UNIT TOTAL UNIT TOTAL UNIT TOTAL C300 Diesel Pump $ 537.00 $ 537.00 $ 1,611.00 $ 1,611.00 $ 4,833.00 $ 4,833.00 y Unit )# Flange Suction and Discharge ere 6068T Diesel Engine ounted, 150 gal fuel tank k Water Suction Hose with 53.00 212.00 159.00 636.00 477.00 1,908.00 ittings Godwin QD Bend 16.00 64.00 48.00 192.00 144.00 576.00 win QD Pipe 12.00 48.00 36.00 144.00 108.00 432.00 Zack 8' x 8' x 4' 0.00 0.00 0.00 0.00 0.00 0.00 ck ling Suction Screen CW1400 62.00 62.00 186.00 186.00 558.00 558.00 tal Fee 9.40 9.40 28.20 28.20 70.00 70.00 ESTIMATED RENTAL TOTAL $ 923.00 $ 2,769.00 $ 8,307.00 ENVIRONMENTAL FEE $ 9.40 $ 28.20 $ 70.00 ESTIMATED DELIVERY CHARGE $ 180.00 $ 180.00 $ 180.00 ESTIMATED PICK UP CHARGE $180.00 $ 180.00 $ 180.00 REQUIRED EXTRAS $ 0.00 $ 0.00 $ 0.00 We ask that these items and terms be kept confidential All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval All quotations are s See attached Terms and Conditions which are part of this quote Xylem Dewatering Solutions, Inc. d/b/a Godwin Pumps of America 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax +1.856.467.4428 TERMS AND DEFINITIONS txyte m Let's Solve Water Rental Day: One Calendar day; for diesel units, not exceeding eight (8) hours running. Rental Week: Seven (7) calendar days; for diesel units, not exceeding 48 hours running in aggregate during a Rental Week Rental Month: Twenty-eight (28) calendar days; for diesel units, not exceeding 192 hours running. Standby Rate: The Standby Rate is 75% of the scheduled rate. Standby is for a "second" or additional back-up pump to be run in the event the primary pump cannot. If the standby pump operates for any reason other than failure of a primary pump, the standard rate will apply. Overtime For diesel units, all scheduled rates are based on an 8 hour per day shift. If diesel equipment is used for a double shift, the Running: 8-hour rate will be multiplied by 1 % times the schedule rate. If used for a triple shift, the rate will be multiplied by 2 times the scheduled rate. Billing Cycles 3 - 7 Days = 1 Week Based on Open 8 Days = 1 Week and 1 Day Terms Approval 9 Days = 1 Week and 2 Days 10 - 14 Days = 2 Weeks 15 Days = 2 Weeks and 1 Day 16 Days = 2 Weeks and 2 Days 17 - 28 Days = 1 Month Billing Cycle - 3 - 7 Days = I Week COD Customers Environmental Fee: Environmental Fee is charged at 1.75% of rental charge for all applicable equipment with a minimum charge of $6 and maximum charge of $70 per individual piece of equipment, with maximum of $140 per invoice. Off Rent: It is the responsibility of the Customer to call into the Owner's local branch office and obtain an Off Rent Call Confirmation Number. This call serves as notification that equipment is disassembled, properly decontaminated, and stockpiled in one readily -accessible area available for immediate pick-up. Rental and/or labor charges will accrue if equipment is not cleaned and staged for removal. IM1'O11TANT: Obtaining an Off Rent Ca11 Con firmotiun_Number does not reicase Customer frltm its phligpli9nS secureto safeguard and i n including maintaining required in uran a coveragcs, while remains under Customer's care, custody ar control pending return of all rented c11011ment to ()wner- Customer shall remain responsible for all loss or damage arising from Customer's failure to safeguard and secure equipment while awaiting F pick M. TERMS AND CONDITIONS 1. This quotation is valid for 30 days, however, prices may change without written notification. Quotations for sales of HDPE pipe are valid for seven (7) days. 2. This quotation is our estimate of equipment and material required. Actual installation may vary in cost due to site requirements. Additional equipment or time to set-up will be charged at the above itemized rates or based upon our published rental rate schedule. 3. Payment terms: Net 30 based on credit approval. 4. Taxes are not included in any rental, sale or labor quotes. Customer is responsible for paying applicable taxes on the equipment and services, including sales and use tax. Customer will only be considered exempt when a valid Sales Tax Exemption Certificate is received when ordering any rental equipment, pumping services and/or sale goods. 5. Delivery and Pick -Up available at Customer's request via Lessor's/Supplier's truck for an additional charge. 6. Customer shall be responsible for providing adequate labor and material handling equipment onsite to unload/load and setup/breakdown equipment, including chains or cables of sufficient capacity along with cribbing material to support pumps, piping and accessories. 7. Customer responsible for daily monitoring of all equipment on site, including but not limited to cleaning of suction screen(s) as necessary. Diesel driven pumps require routine service including changing oil, oil filter, fuel filter, and performing general maintenance every 250 hours of running time, and also replacing the air filter every 500 hours of running time. As requested, Lessor/Supplier will service the equipment for an additional charge. 8. Customer shall be responsible for any required secondary containment around and under each pump to contain possible spills during operation or refueling of the equipment. 9. Customer shall be responsible for compliance with permitting, licensing or other regulatory requirements associated with setup, installation, or operation of the equipment. This order is subject to the Standard Terms and Conditions of Rental -Xylem Americas effective on the date the order is accepted which terms are available at Inlp, %%t..xrlcm.emu•whl S suvilou.-%lanr-ameiicas-standard-teens-and-conditions/ and incorporated herein by reference and made apart of the agreement between the parties The Godwin Dri-Prime DPC300 pump offers flow rates to 5080 USGPM and has the capability of handling solids up to 3.7" in diameter. The DPC300 is able to automatically prime to 28' of suction lift from dry. Automatic or manual starting/stopping available through integral mounted control panel or optional wireless - Solids handling and portability make the DPC300 the perfect choice for dewatering and bypass applications. Features and Benefits • Simple maintenance normally limited to checking fluid levels and filters. • Dri-Prime (continuously operated Venturi air ejector priming device) requiring no periodic adjustment. Optional compressor clutch available. • Extensive application flexibility handling sewage, slurries, and liquids with solids up to 3.7" in diameter. • Liquid lubricated mechanical seal with high abrasion resistant solid silicon carbide faces and limited dry -running capabilities. • Pedestal -mounted centrifugal pump with Dri- Prime system coupled to a diesel engine or electric motor. • All cast iron construction (stainless steel construction option available) with cast steel impeller. • Also available in a critically silenced unit which reduces noise levels to less than 70 dBA at 30'. • Standard engine John Deere 6068HF285 (T3 Flex). Also available with John Deere 6068HC93 (IT4). Please contact the factory or office for further details Atypical picture of the pump is shown All information is approximate and for general guidance only. Specifications Suction connection 12" 150# ANSI 316.5 Delivery connection 12" 150# ANSI B16.5 Max capacity 5080 USGPM t Max solids handling 3.7 " Max impeller diameter 16.9" Max operating temp 176°F* Max pressure 49 psi Max suction pressure 29 psi Max casing pressure 1 74 psi Max operating speed 1 1200 rpm * Please contact our office for applications in excess of 1767. t larger diameter pipes may be required for maximum Flows. g o d w i n® a xylem brand v d S 0 130 120 110 100 90 80 70 60 50 40 30 20 10 0 Performance Curve Flow (mVhr) 100 200 300 400 500 600 700 fi00 9nn 1nnn iron ,�r,� 5uu 1000 1500 2000 2500 3000 3500 4000 4500 Flow (USGPM) Engine option 1 John Deere 6068HF285 (T3 Flex), 156 HP @ 2400 rpm Im eller diameter 16.9" Pumpspeed 1200 rpm driven by 2.0:1 gearbox Suction Lift Table r Total Tpta] Delivery Head ffnerl buctlon Head (feet) 31 45 58 72 86 Out ut (USGPM) 10 5024 4714 4377 3937 3108 15 4921 4558 4144 3522 1036 20 4403 3885 3108 2072 L 777 25 2331 1 2072 1 1554 1 1036 Fuel capacity: 150 US Gal Max Fuel consumption @ 2400 rpm: 8 7 US Gal/hr Max Fuel consumption @ 2000 rpm: 8.0 US Gal/hr -Weight (Dry): 6,250 Ibs Weight (Wet): 7,330 lbs Dim.: (L) 156" x (W) 55" x (H) 81" Performance data provided in lnblea is based on watts[ tests at sea level and 20"C ambient. All Inlurmasian is apprwrmate and for general guidance only Please contact the lattory or olce fw further dotailg- E E DD 3 t0 5" [121mr I 40 35 30 25 v 20 E a 15 1. 10 s 0 5000 Materials Pump casing & suction cover Cast iron BS EN 1561 - 1997 Wearplates Cast iron BS EN 1561 - 1997 Pump Shaft Carbon steel BS 970 - 1991 817M40T Impeller Cast iron BS EN 1561 1997 Non -return valve body Cast iron BS EN 1561 1997 Mechanical seal Silicon carbide face; Viton elastomers; Stainless steel body Engine option 2 John Deere 6068HC93 (IT4), 157 HP @ 2400 rpm Impeller diameter 16-9" Pumpspeed 12001 pm driven bX 2.0:1 gearbox Suction Lift Table Total Suction Head (feet) Total Delivery Head (feet) 31 45 58 72 86 Output (USGPM) 10 5024 1 4714 4377 3937 3108 15 4921 4558 4144 3522 1036 20 4403 3885 3108 2072 777 25 2331 2072 1554 1036 Fuel ca aolt : 150 US Gai Max Fuel consumption @ 2400 rpm: 8.6 US Gal/hr Max Fuel consumption @ 2000 rpm: T9 US Gal/hr Weight (Dr):6,550lbs Weight (Wet): 7,630 Ibs Dim.: (L) 156" x (W) 55" x (H) 81 " Performance data provided in tables is based on water tests at sea level and 20"C ambient. All information is approximate and for general guidance only Please contact the factory or office for further details. oad xylem 84 Bridgeport, NJ 080 Reference number: 95-1017-3000 B 56) 467rt, 360Fax ( USA Date of issue : February 26, 2014 Let's Solve Water (856) 467-3636 Fax (856) 467-4841 Email: sales@godwinpumps.com Issue : 5 www.godwinpumps.com 02014 Xylem, Inc All rights reserved Godwin is a trademark of Xylem Dewatering Solutions, Inc, a wholly owned subsidiary of Xylem Inc Specifications and illustrations are subjectto revision without nonce Xylem makes no representation regarding the completeness or accuracy of this information and is not liable for any director indirect damages arising from or relating to this information or its use EXHIBIT B INSURANCE REQUIREMENTS FORSERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1.Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. AC40R p® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA, Inc. 1166 Avenue of the Americas CONTACT NAME: n/c No xt E: FAXNo : E-MAIL ADDRESS: New York, NY 10036 INSURERS AFFORDING COVERAGE NAIC # INSURER A: AIU Insurance Co. 19399 CN108453421STND-GAWUe-21-22 INSURED Xylem Dewatering Solutions, Inc. a wholly -owned subsidiary of Xylem Inc. INSURER B : National Union Fire Ins. Co. 19445 INSURER C : Allianz Global Risks US Insurance Company 35300 INSURER D : N/A N/A 84 Floodgate Road Bridgeport, NJ 08014 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: NYC-011244545-01 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS B X COMMERCIAL GENERAL LIABILITY GL 6547204 10/31/2021 10/31/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 1XI OCCUR DA AGE To RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 POLICY PROJECT ❑ LOC %( PRODUCTS - COMP/OP AGG $ 6,000,000 SIR: $1,000,000 $ OTHER: B AUTOMOBILE LIABILITY CA 7031023 (ADS) 10/31/2021 10/31/2022 COMBINED SINGLE LIMIT Ea accident 5,000,000 $ B X ANYAUTO CA 7031024 (MA) 10/31/2021 10/31/2022 BODILY INJURY (Per person) $ B OWNED SCHEDULED AUTOS ONLY AUTOS CA 7031025 (VA) 10/31/2021 10/31/2022 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB X OCCUR USLOO109921 10/31/2021 10/31/2022 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DID I X I RETENTION $1 O OOO $ A AANYPROPRIETOR/PARTNER/EXECUTIVE A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YEN OFFICER/MEMBEREXCLUDED? (Mandatory in NH) NIA WC 65885842 (ADS) WC65885841 (NY) WC 65885843 (WI) 10/31/2021 10/31/2021 10/31/2021 10/31/2022 10I31/2022 10/31/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 A If yes, describe under DESCRIPTION OF OPERATIONS below WC 65885840 (CA) 10/31/2021 10/31/2022 E.L. DISEASE -POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Goods and Services Agreement for Green River Natural Resources Area North Pump Station Project. City of Kent is included as Additional Insured (except Workers' Compensation) where required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. Waiver of Subrogation is applicable where required by written contract and as permissible bylaw. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 Fourth Avenue South THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent, WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �> /� GL2�G[ STT ! "C _ ACORD 25 (2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN108453421 LOC #: New York ACORO® AnnITMNAI REMARKS S('_wi=n II F AGENCY NAMED INSURED Marsh USA, Inc. Xylem Dewatering Solutions, Inc. a wholly -owned subsidiary of Xylem Inc. POLICY NUMBER 84 Floodgate Road Bridgeport, NJ 08014 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Paae ? of Each of the insurance policies referenced above provides that should such policy be cancelled by the insurer before the expiration date thereof for any reason other than nonpayment of premium, the insuring company will endeavor to mail 30 days written notice thereof to the certificate holder (except 10 days for non-payment of premium), but failure to provide such notice shall impose no obligation or liability of any kind upon the insurer or its agents or representatives, will not extend any policy cancellation date and will not negate any cancellation of the policy. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: G L 6547204 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations 11 owners, lessees or As required by written contract. contractors with whom you agreed, or are required, by contract or agreement, o provide Additional Insured status Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 1. The insurance afforded to such additional 2 That portion of "your work" out of which the insured only applies to the extent permitted by injury or damage arises has been put to its law; and intended use by any person or organization 2 If coverage provided to the additional insured is other than another contractor or subcontractor required by a contract or agreement, the engaged in performing operations for a principal insurance afforded to such additional insured will as a part of the same project. not be broader than CG 20 10 0413 4 Insurance Services Office, Inc., 2012 Page 1 of 2 0 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2 Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 4 Insurance Services Office, Inc., 2012 CG 20 10 04 13 ❑