HomeMy WebLinkAboutXylem Dewatering Solutions Inc dba Godwin Pumps of America; 2013-01-10; UTIL953UTIL953
AGREEMENT FOR EMERGENCY HIGHLINE AND PUMPING SERVICES
(XYLEM DEWATERING SOLUTIONS, INC. dba GODWIN PUMPS OF AMERICA)
THIS AGREEMENT is made and entered into as of the lO^ day of
J^C3u\UCXru 20/3, by and between the CITY OF CARLSBAD, a municipal
corporation, ("CityT and XYLEM DEWATERING SOLUTIONS, INC., Inc. dba GODWIN
PUMPS OF AMERICA, a New Jersey corporation, ("Contractor").
RECITALS
A. City requires the professional services of an emergency highline and pumping
service that is experienced in emergency highline and pumping services.
B. Contractor has the necessary experience in providing professional services and
advice related to emergency highline and pumping.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1- SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) month from the date first
above written. The City Manager may amend the Agreement to extend it for 4 additional one (1)
month periods or parts thereof in an amount not to exceed fifty thousand dollars ($50,000) per
Agreement year. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will
prepare a written amendment indicating the effective date and length of the extended
Agreement.
4- TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5 COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
fifty thousand dollars ($50,000). No other compensation for the Services will be allowed except
for items covered by subsequent amendments to this Agreement. The City reserves the right to
withhold a ten percent (10%) retention until City has accepted the work and/or Services
specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to
make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work
done under this Agreement. At the City's election. City may deduct the indemnification amount
from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9- INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or eariy termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR
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with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate.
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
10.1.3 Workers' Compensation and Employer's Liabilitv. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the work.
C\D If box is checked. Professional Liability
City's Initials Contractor's Initials '—' Insurance requirement is waived
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
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maintain the required coverages. Contractor is responsible for any payments made by City to
obtain or maintain insurance and City may collect these payments from Contractor or deduct the
amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. Citv reserves the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carisbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name Clay Dobbs Name Andy Dunfee
Title Utilities supervisor Title Sales Representative
Department Utilities Address 11161 Harrel Street
City of Carisbad Mira Loma, CA 91741-1439
Address 5950 El Camino REAL Phone No. 858-243-5208
Carisbad, CA 92008 Email andy.dunfee(gxyleminc.com
Phone No. 760-438-2722
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othen/vise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be fonA/arded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded
to the City Manager. The City Manager will consider the facts and solutions recommended by
each party and may then opt to direct a solution to the problem. In such cases, the action of the
City Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, City may terminate this Agreement upon written notice td
Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any
documents owned by City and all work in progress to City address contained in this Agreement.
City will make a determination of fact based upon the work product delivered to City and of the
percentage of work that Contractor has performed which is usable and of worth to City in having
the Agreement completed. Based upon that finding City will determine the final payment of the
Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate thi^
Agreement. In this event and upon request of City, Contractor will assemble the work product
and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee
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payable under this Agreement. City will make the final determination as to the portions of tasks
completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty. City will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or othenA/ise recover, the full
amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seg..
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement
for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction
is grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced In it on behalf of
Contractor each represent and wan^ant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
XYLEM DEWATERING SOLUTIONS, INC. corporation of the State of Califomia
dba GODWIN PUMPS OF AMERICA, a
New Jersey corporation
(sign here) /rvkK^im City Manager er Mayer ar DMaiofi DiroelQf o^- *'^I)'-" -*
as,anthnrigi)d by tho City Manager S^f^
(print name/title) ^ ^
By:
ATTEST: %^ ^ ^ .NN^
(sign here) i
(print name/title)
if required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a conporation. Agreement must be signed by one corporate officer from each of the
following two groups.
Group A Group B
Chaimnan, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation mu8< attach a resolutbn certified by the secretary or assistant
secretary under corporate seal empowering the ofricer(8) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attomey
^ *As8lstanfCity^ttomey
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26. AUTHORITY
The individuals executing this Agreement and the Instmments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CITY OF CARLSBAD, a municipal
corporation of the State of California
CONTRACTOR
XYLEM DEWATERING SOLUTIONS. INC.
dba GODWIN PUMPS OF AMERICA, a
New Jersey corporation
I)(\nji^l vLjLita-^
I (sign here) //tT^Vi\ City Manager or Moyor or Divlaiei i DIreclor
ag authorizod by the City Manager
(print name/title) ^
ATTEST:
(print name/title)
LORRAIJjIEM. WOOD
City Cl^
required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement mus0e signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary.
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS T0TORM:
RONALD RyBALL, City Attorney
BY:
Assistant City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Emergency as needed highline and pumping services located at 7382 Gabblano Lane for the
North Batiquitos Lagoon Sewer Lift Station in accordance with the Emergency Declaration by
the City Manager dated October 9, 2012.
Fee for Initial agreement not to exceed $50,000
Refer to attached quotation and invoice for complete scope of wori< and materials break down
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Certincate of Acknowledgement
STATE OF NEW JERSEY )
COUNTY OF GLOUCESTER )
I, Sandra Anne Ford, a Notary Public for and in the State of New Jersey, do hereby certify that on this 28* day of
December, 2012, personally appeared before me Grant Salstrom, known to me to be the person whose name is
subscribed to the foregoing instrument, and swore and acknowledged to me that he executed the within instrument
for the purpose and in the authorized capacity therein expressed on behalf of Xylem Dewatering Solutions, Inc.
Sandra Anne Ford
My Commission Expires: ^^'^/ud'C/.
STATE OF NEW JERSEY )
COUNTY OF GLOUCESTER )
I, Sandra Anne Ford, a Notary Public for and in the State of New Jersey, do hereby certify that on this 31" day of
December, 2012, personally appeared before me Anne Denny, known to me to be the person whose name is
subscribed to the foregoing instrument, and swore and acknowledged to me that she executed the within instrument
for the purpose and in the authorized capacity therein expressed on behalf of Xylem Dewatering Solutions, Inc.
Sandra Anne Ford
My Commission Exp
EXHIBIT "A"
SCOPE OF SERVICES
Emergency as needed highline and pumping services located at 7382 Gabbiano Lane for the
North Batiquitos Lagoon Sewer Lift Station in accordance with the Emergency Declaration by
the City Manager dated October 9, 2012.
Fee for initial agreement not to exceed $50,000
Refer to attached quotation and invoice for complete scope of work and materials break down
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EXHIBIT A
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
xylem
Let's Solve Water
TERMS AND DEFINITIONS
Rental Day: One Calendar day not exceeding eight (8) hours running.
Rental Week: Seven (7) calendar days not exceeding 48 hours running.
Rental Month: Twenty-eight (28) calendar days not exceeding 192 hours running.
Standby Rate: The Standby Rate is 75% ofthe 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 Godwin
Rental pumpset, the standard rate will apply.
Overtime
Running:
All scheduled rates are based on an 8 hour per day shift. If equipment is used for a double shift, the 8-hour rate will be
multiplied by 1 Vi times. If used for a triple shift, the rate will be multiplied by 2 times the scheduled rate. Diesel units only.
Billing Cycles
Based on Open
Terms Approval
3 - 7 Days 1 Week
8 Days 1 Week and 1 Day
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
3 - 7 Days 1 Week Billing Cycle -
COD Customers
Off Rent: It is the responsibility ofthe Customer to call into the local branch and obtain an Off Rent Call Confirmation Number.
This 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.
IMPORTANT; Obtaining an Off Rent Call Confirmation Number does not release Customer from its obligations
to safeguard and secure the equipment, including maintaining required insurance coverages, while the eauipment
remains under Customer's care, custody or control pending return of all rented equipment to the Companv.
Customer shall remain responsible for all loss or damage arising from Customer's failure to safeguard and secure
equipment while awaiting Dick up.
TERMS AND CONDITIONS
1. This quotation is valid for 30 days, however, prices may change without written notification.
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 hemized 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. Lessee is responsible for paying applicable taxes on the equipment and services, including
sales and use tax. Lessee 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 via XDS Godwin Truck.
6. Customer must provide adequate labor on site to set up and break dowoi equipment, including adequate lifting equipment with chains or cables of
sufficient capacity on site to unload the equipment along vvith 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. Godwin Pumps will service the equipment for an additional charge, if
requested.
8. Customer responsible for any required secondary containment around and under each pump to contain possible fuel spills during refueling.
EXHIBIT A
SnPPT.F.MENTAL CONTRACT TERMS AND CONDITIONS
This Contract is binding on Xylem Dewatering Solutions, Inc. (Supplier) only when signed by an authorized representative of Supplier.
Supplier and Customer agree that the terms and conditions printed below are material elements of this contract (the "Contract ).
OWNERSHIP: FOR RENTED GOODS, RIGHTS AND TITLE SHALL
REMAIN WITH THE SUPPLIER AT ALL TIMES. FOR SALE GOODS,
RIGHTS AND TITLE SHALL PASS TO CUSTOMER ON THE EARLIER OF
SUPPLIER'S RECEIPT OF PAYMENT IN FULL OR CUSTOMER'S RECEIPT
OF GOODS AT THE FOB POINT SPECIFIED IN THIS CONTRACT.
ArCKPTANCF/MnniFirATION: Customer's notice to proceed or possession
of the goods shall be deemed agreement to and acceptance of the Contract. Any
purchase order or other document submitted by Customer with differing terms or
conditions applicable to the goods is hereby rejected. This Contract contams the
entire agreement between the Supplier and the Customer. No modification of this
Contract shall be binding upon Supplier unless such modifications are in writing
and signed by both parties.
SHIPMENT: Customer shall obtain goods at Supplier's facility unless Supplier
agrees to ship goods or to make delivery. If goods are to be shipped or delivered
by Supplier, prices are exclusive of the costs thereof, and unless different terms
are stated by Supplier in this Contract, all prices are F.O.B. Supplier's facility.
REMOVAL: Customer agrees not to remove rented goods fi-om the original
delivery location without the prior written consent of the Supplier, which shall not
be unreasonably withheld.
RENTAL CHARGES: Customer will be charged rental from delivery date up to
and including date Customer obtains an Off Rent Call Confirmation Number fi-om
Supplier. All rental charges are based on an eight hour working day, 48 hour
working week, or 28 day month, and no reduction in rental charges will be made
for any time the goods are not used while in Customer's possession and control.
Customer agrees to report and pay for any overtime use of the goods in any day,
or week or month, at the proportional rental charge specified in this Contract. If
no time is fixed for rental period, or if rental is extended beyond the fixed period
of time, the Customer agrees to give the Supplier four fiill business days notice of
termination of rental in writing. The rented goods are ftimished F.O.B. Supplier's
facility and all handling and transportation charges to and from Supplier's facility,
unless otherwise specified herein, shall be paid by Customer.
CREDIT/PAYMENT TERMS: Credit terms are subject to the approval of
Supplier's credit department. If credit terms are not approved, sale will be C.O.D.
Rentals shall be payable in advance for each rental period, and, after the
expiration of the minimum guaranteed rental period, rents shall be payable per the
Contract until the rented goods are returned by Customer. Standard terms of
payment are net 30 days fi-om date of invoice. A late fee of 1 Vi percent per month
shall be charged on all balances over 30 days. Customer agrees to pay all costs,
including reasonable attorneys' fees, incurred as a result of Customer's breach of
this Contract including the failure to pay any amounts due hereunder.
INSURANCE: Customer must maintain specific insurance coverages when
renting goods fi-om Supplier: Statutory Workers' Compensation and Employers'
Liability in compliance with state laws; Automobile Liability including owned,
hired, and non-owned vehicles; and Commercial General Liability on a primary
and non-contributory basis including broad form contractual liability coverage.
Minimum per occurrence limits of SIMM must be per location/job and defense
cost must be supplementary payments. Claims-made policies are not acceptable.
Rented/leased equipment must be covered by a Contractor's Equipment policy for
the fiill replacement value of the equipment. Customer must provide a Certificate
of Insurance with endorsements naming Supplier as the Certificate Holder and
must state that Supplier is named as additional insured and loss payee. Expiration
dates, limits, and deductibles for each policy must also be noted, along with a
provision for notice of cancellation, non renewal, or material change to the
certificate holder of not less than 30 days. Customer shall provide a Certificate of
Insurance with endorsements as evidence of coverage before Supplier will release
the goods. Failure to maintain adequate insurance will result in an additional
automatic surcharge of 15% to the total equipment charge and Customer shall
remain subject to the Loss/Damages provisions below whether insured or not.
LOSS/DAMAGES: Customer shall be responsible for all loss or damage to rented
goods occurring in excess of ordinary wear and tear, or by theft or fault,
negligence or shortages up to the fiall replacement value of the goods. Supplier's
pick-up receipt for rental goods shall not be construed as Supplier's final
clearance to Customer. Customer may be invoiced separately for loss or damages
to goods.
OPERATION/INSPECTION: Customer agrees to operate the goods in accordance
with the manufacturer's manuals and instructions. Customer further agrees to place
a competent operator in charge of the goods. The operator shall be responsible for
conducting a personal inspection of the goods to reveal any apparent defects in the
goods and shall immediately notify Supplier of such defects to allow for repair or
replacement of the goods at Supplier's sole discretion. Customer shall operate the
equipment at Customer's own risk.
SHRVTCE/MATNTENANCE: Customer shall be responsible for all fiiel and add
oils necessary to operate the goods, and to check same daily to ensure proper
operation of the equipment. Normal equipment maintenance is completed after 250
hours of running time, which can be provided by Supplier for an additional charge.
For rentals, Supplier shall have the right to enter the premises where the rented
goods are located and be given free access thereto and afforded necessary services
and facilities for safely and readily inspecting the goods. Supplier reserves the right
to conduct equipment maintenance if Customer has not completed maintenance by a
qualified individual. Customer expressly agrees to maintain rental equipment and
retum it in the same condition as when received, normal wear and tear accepted, or
to pay for any repairs that may be necessary, including cleaning.
WARRANTY; EXCEPT FOR WRITTEN WARRANTIES ON GOODS
SOLD, SUPPLIER MAKES NO WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING AS TO MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE.
INDEMNIFICATION; TO THE FULLEST EXTENT PERMITTED BY
LAW, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD
HARMLESS SUPPLIER FROM AND AGAINST ANY AND ALL
POTENTIAL CLAIMS, LIABILITIES, DEMANDS, SUITS JUDGMENTS,
AND THE ASSOCIATED COSTS AND EXPENSE (INCLUDING
REASONABLE ATTORNEYS' FEES) , WHICH SUPPLIER MAY INCUR,
BECOME RESPONSIBLE FOR OR PAY OUT AS A RESULT OF DEATH
OR PERSONAL INJURY TO ANY PERSON OR DESTRUCTION OR
DAMAGE TO ANY PROPERTY, CAUSED IN WHOLE OR IN PART, BY
THE OPERATION, MAINTENANCE, HANDLING OR
TRANSPORTATION OF THE GOODS, LOSS OF USE, BUSINESS
INTERRUPTION OR EXTRA EXPENSE DUE TO EQUIPMENT
BREAKDOWN WHILE IN THE CUSTOMER'S CARE, CUSTODY OR
CONTROL, OR WHILE IT IS BEING USED FOR CUSTOMER'S WORK.
THESE PROVISIONS SHALL SURVIVE TERMINATION OR
EXPIRATION OF THE CONTRACT.
LIMIT ATION OF LIABILITY; UNDER NO CIRCUMSTANCES SHALL
SUPPLIER BE LIABLE TO CUSTOMER OR ANY THIRD-PARTY FOR
AND INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES.
DEFAULT/DAMAGES: If Customer is in breach of or default in any terms and
conditions of this Contract, Supplier may terminate this Contract and without
demand or notice take immediate possession of, and remove any or all of, the goods
and retum it to Supplier's facility, without liability for damages in trespass or
otherwise, and without thereby waiving any claim Supplier may have against
Customer. Customer shall be responsible for all direct and indirect costs along with
general and consequential damages, including reasonable attomey's fees and court
costs, from Customer's breach of or default in any of the terms and conditions of
this Contract.
JI IR ISDICTION/VENUE: This Contract shall be govemed by the laws of the State
of New Jersey, without regard to its principles of conflicts of laws. Any action
against Supplier shall be filed in the Federal or State Courts of the State of New
Jersey. Supplier, at its option, may prosecute collections where debts accme.
WAIVER: Supplier's waiver of any right under this agreement shall not affect
ftiture application of any such provision or any other provision.
SEVERABILITY: The provisions of this contract shall be severable so that the
invalidity, unenforceability or waiver of any provision shall not affect the remaining
provisions.
October 9, 2012
City ofCarlsbad
Rental Quotation # 130000927
Page 1 of 6
RENTAL QUOTATION
ITEM QTY DESCRIPTION
DAILY
UNIT
DAILY
TOTAL
WEEKLY
UNIT
WEEKLY
TOTAL
MONTHLY
UNIT
MONTHLY
TOTAL
A 1 Godwin Dri-Prime HL6M Stainless Steel Diesel
Pump
• Primary Unit
• CD4MCU SS Wetted Material
Construction
• 6" 150# Flange Suction and Discharge
• Skid-mounted, 175 gal fuel tank
$ 580.00 $ 580.00 $ 1,740.00 $ 1,740.00 $5,220.00 $ 5,220.00
B 4 8" X 10' Composite Hose with 150# Flange
Fittings
36.00 144.00 108.00 432.00 324.00 1,296.00
C 2 8" x 10' Black Water Suction Hose with Godwin
QD Fittings
34.00 68.00 102.00 204.00 306.00 612.00
D 1 8" X 20' Composite Hose with 150# Flange
Fittings
74.00 74.00 222.00 222.00 666.00 666.00
E 1 8" 150# Flange x 6" 150# Flange Concentric
Adapter
• On Discharge
0.00 0.00 0.00 0.00 0.00 0.00
This pricing information is for intemal use only. 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
valid for 90 days. All prices quoted in US dollars. See attached Terms and Conditions which are part of this quote.
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October 9, 2012
City ofCarlsbad
Rental Quotation # 130000927
Page 2 of 6
RENTAL QUOTATION
ITEM QTY DESCRIPTION
DAILY
UNIT
DAILY
TOTAL
WEEKLY
UNIT
WEEKLY
TOTAL
MONTHLY
UNIT
MONTHLY
TOTAL
F 1 3" Combination Air Valve ARI D-025-3
• With 4" Ball Valve
27.00 27.00 81.00 81.00 243.00 243.00
G 15 Feet of Leak Off hose 0.00 0.00 0.00 0.00 0.00 0.00
H 1 8" x 20' Black Water Suction Hose with Godwin
QD Fittings
53.00 53.00 159.00 159.00 477.00 477.00
I 1 8" Check Valve with 150# Flange
• WithQD
22.00 22.00 66.00 66.00 198.00 198.00
J 37 8"x 10' Godwin QD Pipe 9.00 333.00 27.00 999.00 81.00 2,997.00
K 77 8" x 20'Godwin QD Pipe 18.00 1,386.00 54.00 4,158.00 162.00 12,474.00
L 2 Pipe Storage Rack 8' x 8' x 4' 0.00 0.00 0.00 0.00 0.00 0.00
M 3 Pipe Storage Rack 4' x 8' x 4' 0.00 0.00 0.00 0.00 0.00 0.00
N 5 8" 90 Degree Godwin QD Bend 9.00 45.00 27.00 135.00 81.00 405.00
This pricing information is for intemal use only. 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
valid for 90 days. All prices quoted in US dollars. See attached Terms and Conditions which are part of this quote.
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October 9, 2012
City of Carlsbad
Rental Quotation # 130000927
Page 3 of 6
RENTAL QUOTATION
ITEM QTY DESCRIPTION
DAILY
UNIT
DAILY
TOTAL
WEEKLY
UNIT
WEEKLY
TOTAL
MONTHLY
UNIT
MONTHLY
TOTAL
0 7 8" 45 Degree Godwin QD Bend 9.00 63.00 27.00 189.00 81.00 567.00
P 1 8" Male QD x 8" 150# Flange Adapter 9.00 9.00 27.00 27.00 81.00 81.00
Q 2 8" Godwin QD Pipe with Female NPT drain
• Wtih 4" FQD on Branch
9.00 18.00 27.00 54.00 81.00 162.00
R 1 4" Ball Valve with 2.5" FNST to Flush & 4"
MQD
0.00 0.00 0.00 0.00 0.00 0.00
S 4 8" X 3' Godwin QD Pipe 9.00 36.00 27.00 108.00 81.00 324.00
T 2 4" Ball Valve with QD 0.00 0.00 0.00 0.00 0.00 0.00
U 6 8" X & Godwin QD Pipe 9.00 54.00 27.00 162.00 81.00 486.00
V 1 Godwin Road Crossing
• 8" 150# Flange Connections
• 12' Span, Rated for 50 psi
• WithQD on Ends
93.00 93.00 279.00 279.00 837.00 837.00
This pricing infomiation is for intemal use only. 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
valid for 90 days. All prices quoted in US dollars. See attached Terms and Conditions which are part of this quote.
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October 9,2012
City of Carlsbad
Rental Quotation # 130000927
Page 4 of 6
RENTAL QUOTATION
ITEM QTY DESCRIPTION
DAILY DAILY WEEKLY WEEKLY MONTHLY MONTHLY
UNIT TOTAL UNIT TOTAL UNIT TOTAL
W 3 3" Combination Air Valve ARI D-025-3
X 2 4" Ball Valves
Y 3 8" Godwin QD Pipe with Female NPT drain
Z 1 8" Gate Valve W/150#FL
• WithQD
AA 1 8" Female QD x 8" 150# Flange Adapter
27.00
0.00
9.00
22.00
9.00
81.00
0.00
27.00
22.00
9.00
81.00
0.00
27.00
66.00
27.00
243.00
0.00
81.00
66.00
27.00
243.00
0.00
81.00
198.00
81.00
729.00
0.00
243.00
198.00
81.00
ESTIMATED RENTAL TOTAL
ESTIMATED DELIVERY CHARGE
ESTIMA TED PICKUP CHARGE
REQUIRED EXTRAS
$ 3,144.00
$0.00
$0.00
$0.00
$ 9,432.00
$0.00
$0.00
$0.00
$ 28,296.00
$0.00
$0.00
$0.00
This pricing infomiation is for intemal use only. We ask that these items and temis be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are
valid for 90 days. All prices quoted in US dollars. See attached Temis and Conditions which are part of this quote. >
xylem
Let's Solve Water
godwin®
Sold by:
Invoice
Branch 017
11161 Harrel Street
Mira Loma, CA 91752-1439
Tel: 951-681-3636
Fax: 951-681-2623
Remit to: Xylem Dewatering Solutions, Inc.
P.O. Box 935152
Atlanta, GA 31193-5152
Phone: 856-467-3636
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City of Carisbad
5950 El Camino Real
Carisbad. CA 92008 T
O
City of Carlsbad
7283 Gabbiano Lane
Batiquitos Pump Station
Carisbad. CA 92008
Oust. No. Invoice Date Invoice No.
00003178 10-09-2012 400257870
Page 1 of 2
Customer PO? Ordered By^ Contract Date Service Contract #
217003106
Sales Representative Ocder Taken By Payment Terms
Net 30 # Jesse Castaneda 10-07-2012 Andy Dunfee Andy Dunfee
QTY . ITEM •
DESCRIPTION
; UNIT
AMOUNT
EXTENDED
AMOUNT
1
15
176
9.25
16
28.50
RRFORKLIFT
EMERGENCYOPEN
FUEL
MILEAGE
LABORDBL
LABOROT
LABOR
LABOR
SERVICETRUCK
Fork Lift
• Unit#67357S/N 184365
S/N: 184365
Emergency Opening Charge
Fuel Charge
Mileage
Labor Doubletime Rate
• 4 laborers on 10/8/12
Labor Overtime Rate
• 4 laborers on 10/8/12
Labor Standard Rate
• 4 laborers on 10/8/12
Labor Standard Rate
• Driver onsite time on 10/7/12
Godwin Sen/ice Truck
814.00
150.00
10.00
2.50
220.00
165.00
110.00
110.00
125.00
814.00
150.00
150.00
440.00
2.035.00
2.640.00
3,135.00
440.00
250.00
ALL PAST DUE INVOICES ARE SUBJECT TO
1 1/2% PER MONTH SERVICE CHARGE
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¥ xylem
Let's Solve Water
godwin® i^iJ^^
Sold by:
Invoice
Branch 017
11161 Harrel Street
Mira Loma, CA 91752-1439
Tel: 951-681-3636
Fax: 951-681-2623
Remit to: Xylem Dewatering Solutions. Inc.
P.O. Box 935152
Atlanta, GA 31193-5152
Phone: 856-467-3636
s s
LI City of Carlsbad
7283 Gabbiano Lane
Invoice Date Invoice No.
o
L
City of Carisbad n
1
City of Carlsbad
7283 Gabbiano Lane 00003178 10-09-2012 400257870
D
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5950 El Camino Real
Carisbad, CA 92008
P
T
Batiquitos Pump Station
Carisbad, CA 92008 Page 2 of 2
O O
Customer PO * > ? Ordered By Contract Date Service Contract # Sales Representative Order Taken By Payment Terms
# Jesse Castaneda 10-07-2012 217003106 Andy Dunfee Andy Dunfee Net 30
QTY ITEM DESCRIPTION
:Al?5llT
AMOUNT
EXTENDED
AMOUNT
DELIVERYFRT017
DELIVERYFRT017
DZONE04TRACTRAL
DZONE03TRACTRAL
Third Party Delivery on 10/8/12
Forklift Delivery & Pick-Up
2 Deliveries Truck #516 on 10/7/12
Cancelled Delivery #516 on 10/8/12
OCT 11 2012
CITY OF UARLSBAD
WASTEWATER UTILITIES
750.00
362.50
600.00
550.00
750.00
362.50
1,200.00
550.00
Comments
Work Orders 618260 & 618261 - provided 4 laborers. 1 driver/laborer, forklift, and service trucks on 10/7 and
10/8/12, for the Batiquitos Pump Station Emergency Project.
AMOUNT:
APPROVED BY:.
PEiD:
o2f ACCOUNT: 5(f ^; ^/D-THW/go7; 90
iATCHNO.
PO#
Taxable: (fES?NO Sale
PARTIAL FULL
5 Tax on Invoice: |fE3/N0
ALL PAST DUE INVOICES ARE SUBJECT TO
1 1/2% PER MONTH SERVICE CHARGE
Rental
$ 814.00
Labor
$ 8,250.00
Shipping Misc. Charges Taxes
$ 2.862.50 $ 990.00 $308.18
Total Invoice $ 13,224.68
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