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HomeMy WebLinkAbout2017-200 Bid Rain for Rent 10-05-9-73201.3 Quotation Developed Especially for: Bidding Estimator City Of Ashland 20 E Main Stt. Ashland, OR 97520 Phone:5414886002 Prepared on 7/28/2017 by: Scott Bevens Cell: 509-991-1609 11035 Ne Marx St Portland, OR 97220 Phone: 503-262-7246 Fax: 503-262-1299 www.rainforrent.com R x 3 m "A 4il -5 Ord C Printed 7/2812017 12:10 PM Page 1 of 6 Quotation 1D-059-732013 Confidentiality Notice. This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). They cannot be used, circulated duplicated, quoted or othervnse referred to or disclosed to thirdparties for any reason without the wntt en consent of an Officer of Weslem OlKelds Supply Company dba/Rain (or Rent. If you have received this mformebon in error, please immediately contact us al return minfoment.com. Thank you. Rental Quotation Portland wowa.rainforrent.com 11035 Ne Marx St Portland, OR 97220 Phone: 503-262-7246 Fax: 503-262-1299 Quotation Number: 10-059-732013 Job Description: Prepared By: Scott Bevens City of Ashland WTP Pilot Project Customer: City Of Ashland Location: Customer ID: 23361f Ashland, Oregon Address: 20 E Main Stt. City/State: Ashland, OR 97520 Contact: Bidding Estimator Office: 5414886002 Fax: Rental Sub Total: $7,132.26 Sub Total: $7,132.26 Est. Delivery Hauling $2,906.50 Recommended Optional Items - Rental: $0.00 Est. Pick-up Hauling $1,606.50 Recommended Optional Items - Sales: $0.00 Does not include sales tax Accept Decline Initial Est. Install Labor $0.00 Est. Removal Labor $0.00 By checking Accept and initialing customer is acknowledging that the additional cost for the above items will be added to the grand total. Est. Services $0.00 Est. Air Quality Fee $0.00 Est. Rev Air Quality Fee -$0.00 V Recommended Optional Item - LDW: $0.00 Est. Enviro Recovery Fee $106.00 Est. Rev Enviro Recovery Fee -$0.00 Does Not Include Sales Tax ( ) Grand Total. $11,751.26 Date Prep e : 7128/2017 Valid Until:9t7~fZ T~7 ~l 811111-7 Customer 0,f d_AJ Date By signing this quotation, customer represents that he/she has read and agreed to both the Statement of Work and Scope of Agreement sections, and is also agreeing to the grand total amount listed above, plus any recommended optional items if checked and initialed. If customer requires a Purchase Order number to process and submit payment,-it must be supplied to Rain for Rent at the time of acceptanceof this quotation. Please insert Purchase Order number here: Loss Damage Waiver Option I have received and reviewed the Loss Damage Waiver Program Agreement incorporated as the last page of this estimate. By initialing this paragraph, i understand that I am agreeing to enter into and be bound by the terms of the Loss Damage Waiver Program Agreement and that I am authorized to enter into this Agreement on behalf of Customer. Initial here: Rath (1 (,A, kv- a V l l~ (1 a~P I r a 4'1rvkn J d- t 1`.c. m-t/-d S Vr G~UrJ 0;- L/ ~c r f 0. ( ~.~oC vtvY f..d dD d'/S ~cl0tXJ,'d0. Printed 7128/2017 12:10 PM Page 2 of 6 Quotation 10.059-732013 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended forte sole pse of the addressee(s1. They cannot a used, circulated duplicated, quoted or otherwise referred to or disclosed to thud [fields SuSarties for any reason without the written consent of an Officer of Western pply Company dba/Rain for Rent. I you have received this information in error, please immediately contact us at return rainforrent.cum. Thank you. Rental Quotation Portland www.rainforrent.com 11035 Ne Marx St Portland, OR 97220 Phone: 503-262-7246 Fax: 503-262-1299 Quotation Number: 10-059-732013 Application: Bypass Materials: Reservoir Water Flow: 100gpm Suction Lift: N/A Friction Loss: N/A Static Head: 230' *Rain for Rent Cycle = 28 Days. This quotation has not been flagged as PREVAILING WAGE, Rental Items Gil Unit' „Ouratton Item Descd tton "Da Week"'i 'C' cte rrxtension ..F; 1 Each 2 -Cycle +821040 Pump Submersible Dewatering $0.00 $0.00 $1,445.72 $2,891.44 30HP 1 Each 4'Cycle +821010 Pump Submersible Dewatering $0.00 $0.00 $640.70 $2,562.80 <5HP 2 Each 2 `Cycle 722933 Hose 3"x20' HD Tank Truck $0.00 $0.00 $45.64 $182.56 Camlock 150# 2 Each =C1 723120 Hose 2"x20' HD Tank Truck $0.00 $0.00 $34.46 $275.68 Camlock 150# 1 Each 2 *Cycle +829025 Panel Pump 15-34 HP SS $0.00 $0.00 $402.14 $804.28 1 Each 2'C cle 421866 Control Box 5HP 3PH 460V $0.00 $0.00 $82.33 $164.66 1 Each 2 *Cycle 721671 Water Meter 3" Ind Groove $0.00 $0.00 $125.42 $250.84 Propeller MG 103 Rental Sub Total: $7,132.26 Sub Total: $7,132.26 Printed 7128/2017 12:10 PM Page 3 of 6 Quotation 10.059-732013 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addresseessl. They cannot be used, circulated duplicated, quoted or otherwise referred to or disclosed to third parties for any reason without the written consent of an Officer of Western Oilfields Supply Company dba/rRcaIn for Rent. If you have received This mformahon In error, please immediately contact us at returnrainforrent.com. Thank you. Rental Quotation ® Portland www.rainforrent.com 11035 Ne Marx St Portland, OR 97220 Phone: 503-262-7246- Fax: 503-262-1299 Quotation Number: 10-059-732013 Statement of Work Background: Customer requested quotation for two submersible pumps for the purpose of a Pilot Project located at the City of Ashland Water Treatment Plant. Customer has been given curve sheets for both pumps, has reviewed and accepted. Scope: Rain for Rent will deliver, rent and pick up the items requested by customer. This quote does not include set-up. Set-up by customer. References Materials: See attached product specification sheet(s). Operating Parameters: Rain for Rent has provided this proposal for equipment as requested without design criteria or requirements. Estimated Duration: For the quoted items, Rain for Rent requires a signed quote not less than 14 days prior to delivery. Rain for Rent Responsibilities: Rain for Rent-will provide labor and equipment necessary to perform one (1) unimpeded delivery & return trip per load to site. Customer Responsibilities: - Provide needed labor and equipment for unloading, installation, testing, operations and maintenance, removal, cleaning and reloading of rental equipment. - Ensure that the application of this system does not damage nearby structures or cause negative impacts to the environment either directly or indirectly. - Provide dedicated equipment with operator and fuel to perform unloading activities. Equipment-must be capable of lifting 15,000-tbs. Rain for Rent Exclusions: - Installation and services for this project. - All design input and services. This system is provided as per customer provided information. - Compliance with unknown discharge requirements. Additional Information: Printed 7/28/2017 12:10 PM Page 4 of 6 Quotation 10-059-732013 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressees . They cannot be used, circulated duplicated, quoted or otherwise referred to or disclosed to thadsl rties for any reason without the written consent of an Officer of Western Oilfields Supply Company dba/~ain for Rent. If you have received this information In error, please immediately contact us at returric inforrent.com. Thank you. Rental Quotation Portland www.rainforrent.com 11035 Ne Marx St Portland, OR 97220 Phone: 503-262-7246 Fax: 503-262-1299 Quotation Number: 10-059-732013 Scope of Agreement If Customer has entered into a Master Service Agreement with Rain for Rent and there is a conflict between the terms and conditions of this Scope of Agreement and the Customer's Master Service Agreement, then the terms and conditions in the Customer's Master Service Agreement signed by Rain for Rent will prevail. Availability of products and services is subject to change without notice. The rental period begins the day the equipment is delivered and continues until returned to originating Rain for Rent facility unless agreed to in writing before the rental period begins. A cycle is defined as 4 weeks, which is 28 days. The weekly price is one third of the cycle price, and the daily price is one third of the weekly price. Payment terms are net 30 days from invoice date. Interest at the rate of 18% per year shall be charged on any past due invoice. A Fuel Surcharge will be calculated and invoiced based on the diesel fuel price as published by the Department of Energy on http://tonto.eia.doe:gov/oog/info/wohdp/diesel.asp A 1.5% Environmental Recovery Fee shall apply to all rental charges invoiced pursuant to this Quote/Estimate to help offset direct and indirect costs associated with regulatory compliance, obtaining permits, and obtaining licenses. Customer is prohibited from deducting retention from Rain for Rent invoices and charging Rain for Rent liquidated damages. Customer is responsible for flushing and cleaning tanks, roll off boxes, pipelines, pumps, filters and other Rain for Rent equipment prior to return unless specifically agreed to by both parties in writing. The Terms and Conditions of the Rain For Rent Rental and Acute Hazardous Waste Agreements, Credit Application/Master Rental & Sales Agreement, Invoice and this Quotation (also known as the Rain for Rent Rental/Sale.Estimate as may be referenced in any Master Service Agreement, Blanket Purchase Order, or any other contractual document executed between the parties) contain the complete and final agreement between Rain For Rent and Customer and no other agreement in any way modifying or adding to any of said Terms and Conditions will be binding upon Rain For Rent unless made in writing and signed by a Rain For Rent Corporate Officer. The Customer cannot alter the equipment without Rain for Rent's prior written approval. Customer is responsible for equipment, repairs, maintenance and damage, excluding normal wear and tear or damage caused by Rain for Rent. All returned equipment is subject to inspection by Rain for Rent personnel. Damages and accrued rent will be invoiced to Customer while equipment is out of service for repairs. The Customer is responsible for damage caused by reactive, corrosive or abrasive material; including, but not fimited to sand, sodium hydroxide, chlorine, and acids. Customer must notify Rain for Rent immediately of any spill so that any necessary repairs to the system can be made and to minimize service interruption. The Customer assumes all risks of loss due to operation and use of the equipment. Customer will provide "all risk" property insurance for rented equipment. Customer shall pay Rain For Rent additional expenses caused by unforeseen or changing conditions, including, but not limited to, soil, underground conditions, rock formations, environmental conditions, weather events, regulations or restrictions, hard pan, boulders, cesspools, gas lines, water lines, drain pipes, underground electrical conduits or other above ground or underground obstructions. All equipment rented or used products sold are provided "AS IS, WHERE IS" in their present condition. Rain for Rent makes no warranties, expressed or implied of any kind whatsoever with respect to the equipment or products. Customer agrees that customer is renting equipment or purchasing used products based on their judgment and evaluation, without reliance upon any statements of representations by Rain for Rent, and that Rain for Rent is not responsible for any defects in their operation or for any repairs, parts or services, unless otherwise noted. All new products sold are provided without warranty beyond the terms of such warranty offered by the manufacturer, if any. Customer must comply with all original manufacturer's terms and conditions for any warranty claims that may arise. Neither Rain for Rent nor the manufacturer warranties the product if it has failed due to corrosion, misuse or damage; (2) it has been altered, repaired or modified in any way that would adversely affect its operation; or (3) it was installed or operated other than in accordance with manufacturer's operating instructions. Products supplied by Rain for Rent are warranted to be free from any defect in workmanship and material under conditions of normal use and service. Rain for Rent's-obligation under this warranty is limited to replacing or repairing at the designated manufacturer's or Rain for Rent facility any part or parts returned to it with transportation charges prepaid, which Rain for Rent determines in its sole discretion to he defective. This Quotation excludes any additional costs to Rain for Rent associated with Owner Controlled Insurance (OCIP) or WRAP insurance programs that will be added to Rain For Rent's prices. De=watering, Roll-off, Vacuum boxes and similar equipment are not liquid tight. Rentee accepts full responsibility for-all-losses, damages and costs caused by or arising out of spills, leakage or discharge from this-equipment. Rain-for Rent will not be held-liable for any structural or soils subsidence. This Quotation is valid for 30-days and is subject to credit approval. Printed 7128/2017 12:10 PM Page 5 of 6 Quotation 10-059-732013 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). They cannot be used, circulated duplicated, quilled or otherwise referred to or disclosed to Ihirdparties for any reason without the written consent of an Officer of Westem Oilfields Supply Company dbalRain for Rent. If you have received i1iis information in error, please immediately contact us at return ramforrent.com. Thank you. LOSS DAMAGE WAIVER PROGRAM AGREEMENT This Loss Damage Waiver Program Agreement (this "LDWP Agreement") is entered into between the undersigned Rentor and Rentee in relation to the Master Rental and Sales Agreement (MRSA) between Rentor and Rentee. If Rentee has checked or initialed, as applicable, the Loss Damage Waiver Program (the "LDW Program") box on the quote, then Rentee has opted-in to the LDW Program and this LDWP Agreement shall supplement the MSRA whether or not executed by Rentee. Rentee understands and agrees that the LDW Program is not insurance and that the LDW Program provides only limited coverage, as described below. 1. Cost; Deductible; Maximum Coverage; Rentee shall pay a fee equal to 14 percent (14%) of the rental charge for each covered item, which fee shall be listed on each invoice during which period Rentee has opted to participate in the LDW Program. In the event of a Covered Occurrence, as defined below, Rentee shall further be responsible for the lesser of $500 or 10 percent (10%) of the total loss, as a deductible. The maximum coverage available under the LDW Program is $150,000 per Covered Occurrence, whether or not there is more than one piece of equipment involved in the occurrence. 2. Coverage; The LDW Program provides coverage only for losses involving Covered Equipment, as defined below, in the following instances: fire that was not caused-by Rentee's gross negligence or willful misconduct; theft for which a police report was filed, and that occurred despite Rentee's reasonable precautions to protect and secure the covered equipment; and vandalism for which a police report was filed (individually, "Covered Occurrence," and collectively, "Covered Occurrence"). The LDW Program provides coverage only for the following types of equipment: pumps, tanks, generators, light towers, filtration, boxes and heaters ("Covered Equipment"). Coverage does not extend to any equipment not owned by Rentor such as re-rented equipment. 3. Exclusions; The LDW program does not cover any equipment or event of loss that is not specifically described in Section 2. Without limiting the foregoing, the LDW Program does not provide coverage for the following: misuse of equipment; willful abuse of equipment; failure to maintain equipment; failure to secure items from theft (including but not limited to failing to store items in a fenced, locked area or failing to maintain personnel on site); damage or theft while in transit to or from a jobsite; corrosion from any source; anv instance that occurs while the account is not in good standing, such as a default as defined in the MRSA or upon written notice of non-payment; and any occurrence not reported to Rentor within 24 hours after the occurrence. The LDW program does not provide coverage for: spillguards, hoses, fittings (valves or bulk items), pipe, manifolds, tires, submersible pumps or copper wiring. 4. Claims; All claims must be submitted within 24 hours of the Covered Occurrence. Rentor's mechanic will inspect the equipment following any claim. The mechanic's findings as to the cause of the damage and cost of repair will be final. In the event of a theft or vandalism, Rentee must also provide supporting evidence that the site was secured at the time of loss. Printed 7/2812017 12:10 PM Page S of B Quotation 10-059-732013 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addresseetsl. They cannot be used, circulated duplicated, quoted or otherwise referred to or disclosed to thirdgarties for any reason without the wntten consent of an Officer of Western Oilfields Supply Company dballRRam for Rent. If you have received this information in error, please immediately contact us at return rainforrent.com. Thank you. 1 + ` RAIN FOR RENTTM CREDIT APPLICATION MASTER RENTAL & SALES AGREEMENT Account No. APPLICANT: (IF INDIVIDUAL, LAST NAME, FIRST NAME, MIDDLE.INI I-IAL) TELERIIONE:,~ 141 CELL PHONE Name or Style Under Which You Do Business (DBA) ~ j FAX ADDRESS Z e - CITY~x T) 1 t~ ,r~ STATE E_ ZIP ra BILLINGADDRESS C~ A j~ CITY STATE ZIP Year Eslabllshed: F gral TVD M Contractor License # D 8 B Nam r. , Web Address: F MAIL: y;'.. L.3 L} .C; •.{m b d Primary SIC Code: TYPE OF BUSINESS: , r # f Employees Annual Revenue: _ Stock Symbol 4 Publicly Traded: t_s t ( v rte` r, I 'Z l'n.i; v OINDIVIDUAL OCORPORATION [-]GENERAL PARTNERSHIP ❑LIMITED PARTNERSHIP OJOINT VENTURE LIMITED LIABILITY PARTNERSHIP OLIMITED LIABILITY COMPANY NAME & ADDRESS OF PARENT CORPORATION CORPORATE OFFICERS or PARTNERS (IF LIMITED PARTNERSHIP NAME OF GENERAL PARTNER) or MEMBERS or INDIVIDUALS (LIST SPOUSE) NAME ADDRESS SOCIAL SECURITY OR TAX 1. D. No. 2. 3. CREDIT REFERENCES ; LARGEST SUPPLIERS OR VENDORS ADDRESS PHONE# FAX# 1. x taws 1h(".ftyti4T i`d rSN~ ~ttS j%r,qn. 3 an ~1.7~'~3 ;.~11 4 -2. •-3h-°< 3. {b 3 7 'j _ 9 y L FINANCIAL INFORMATION: NAME CITY STATE PHONE# FAX# ACCOUNT# 1.BANKILENDER BANIULOAN OFFICER: fN r f r Ad-v C-61 A C" 1K PURCHASE INFORMATION; P 'S REQUIRED ESTIMATED ANNUAL PURCHASES: Have you ever fed for Bankruptcy? YES ONO $ O YES SALES TAX INFORMATION: EXEMPT ❑ NON-EXEMPT RESALE CERTIFICATE/EXEMPTION Customer's Statement: Read ifiR statement before you sign it, All Information I have given in this application is true and correct- I have read this document it is entirely, both page 1 and 2, and acknosAedge that no verbal representations were made to induce the signing of this ) agreement. By signing below this Application For Credit, Master Rental and Sales AGREEMENT, I agree to amply w,th and be bound by Aterms and conditions contained herein. I understand (hat you will confirm the information and retain the application whether or not my application is approved. You are also authorized to receive information aboul my credit You can answer questions and requests from others for credit and experience information about me and the applicant on existing accounts with you. I authorize my bank and other lending Institutions to release to WESTERN OILFIELDS SUPPLY COMPANY dba RAIN FOR RENT financial information to support m a Iicatlon. it ' lit -,I _ CustomerlAulhonzed r y/ 7% f 8f nalure&Titfe Date fyn•.f--' -5 f- mss 0 _".Lt'c'17t,C-- -CusfomerlAuthc;izedSinature&Title Date e 1. The terms and conditions of the rental and sale of any equipment ("Equipment") by Rain For Rent, Western Oilfields Supply Company, its subsidiaries and affiliates (collectively, "Renlor") to the Applicant ('Rentee") are stated in this MastecRental and Sales Agreement ("Agreement"), as supplemented by any Renter invoice to Rentee ("Invoice"), any delivery documents, and any t docurents from Renter regarding the use or handling of Equipment, or Renter's consent under § 3(a). 2. Rentee shall pay to Renter within 30 days CDue Date") of the date of an Invoice all Equipment rental, sales and other charges (if any) stated therein ("Invoiced Charges") and Interest at the rate of 1.5% per month (or if less, the highest rate permitted under law) on payments not received by the Due Date. Payments will be credited first against accrued interest and then Invoiced Charges. Rentee agrees that all-funds-from anyone or received by Rentee to the extent those funds result from the labor, material or Equipment supplied by Renter shall be held in trust for benefit of Rentor f ("Trust Funds"). Rentee agrees it has no interest-in Trust Funds Held by anyone and to promptly account for and pay to Renter all Trust Funds. 3. (a) RENTEE SHALL NOT PERMIT THE PRESENCE OF ANY HAZARDOUS WASTE IN EQUIPMENT WITHOUT RENTOR'S PRIOR WRITTEN CONSENT. (b) RENTEE SHALL NOT PERMIT ANY EQUIPMENT TO BE USED FOR THE STORAGE, SHIPMENT OR CARRIAGE OF ACUTE HAZARDOUS WASTE WITHOUT RENTOR'S PRIOR WRITTEN CONSENT. FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL RENTEE PERMIT ANY EQUIPMENT TO BE USED FOR THE STORAGE, SHIPMENT OR CARRIAGE OF ULTRA HAZARDOUS WASTE. (c) RENTEE IS f PROHIBITED FROM PLACING IN THE EQUIPMENT ANY-MATERIAL THAT CAUSES OR IS SUSPECTED TO CAUSE CORROSION, INCLUDING, BUT NOT LIMITED TO, COPPER-BASED FUNGICIDE,CHAMP FLOABLE, KOCIDE 101, KOCIDE 606, COPPER-COUNT-N, AND RIDOMIL-COPPER FUNGICIDE. (d) Rentee shall advise Renter of the exact location and condition of the Equipment when requested by Rentor. Rentee agrees that Rentor may inspect any Equipment at any time and at any place where Equipment is located. 4. All Equipment will be delivered to Rentee atlhe location set forth in the relevant Delivery Document anal-Rentee's execution of a Delivery Document shall be conclusive evidence that the relevant Equipment has been delivered to Rentee. Rentee agrees that this Agrooment shall govern all "delivery without signature" deliveries should Rentee-fail or be unable to sign the Delivery Document. At the option and cost of Rentee, Rentor may (but shall not be obliged to) provide (a) delivery and return freight services and!or (b) installation services, any such services shall be carried out during the term of the rental, (c) Rentee acknowledges that Equipment may have contained hazardous materials and/or environmental-contaminants ("Contaminants'). Renfee may, al its sole option and expense, test any Equipment prior to taking delivery of ftirom Renter. If Contaminants are detected in any Equipment prior to Rentee_taking delivery thereof, Rentee may terminate its rental of the Equipment. IF RENTEE ELECTS NOT TO (1) TERMINATE ITS RENTAL OF THE EQUIPMENT OR (11) TEST THE EQUIPMENT, RENTEE SHALL THEREBY WAIVE ANY RIGHT TO OBJECT TO THE PRESENCE OF CONTAMINANTS IN ANY EQUIPMENT OR MAKE ANY CLAIM AGAINST RELATOR IN RESPECT THEREOF. Form-361 5. Rentee shall (a) use all Equipment only as permitted under this Agreement in a sate, careful and proper manner ("Permitted Uses"); and (b) at Rentee's sole cost and expense, maintain all Equipment in good repair and working order ("Maintenance /Re air"), includi imited to safety features, any motor that measures-hours of Equipment use ("Equipment Use Motor"), and belts, and will replace lubricants, oil and fitter f"a1 w any Equipment to come into ca act with any substance(s) that may cause damage. Rentee shall not modify, t of 2 Form-361 nAst,l~nd rest. ZU Attt~y eat o . a or make any attachments to, any Equipment. Upon Rentee's written request, Rentor may provide Maintenance/Repair of Equipment and add Renter's then current retail charges for such Maintenance/Repair to Rentee's Invoice. Renlee shall be responsible for any damage, harm or liability to any Equipment, Renter, Renlee or another, whichis related to modification or removal of any- Equipment safety feature (including, but not limited to, guards, shrouds, railings, oil pressure, water temperature, pimp discharge components), 6. Rentee shall be responsible for environmental fees covering waste fluid, fuel, filter and other disposal costs and for any fual, product, maintenance and service related sur-charges. The environmental fee is not a government mandated charge. Rentee is responsible to comply with Fugitive Dust Provisions of Air Quality Management Districts. All taxes, levies, fees or assessments against Rentee, Renter or Equipment due to Rentee's use of any Equipment, or Renlee's payments to Rentor (except Renlor'sri ome to ' bilitX as to suc payments). Al Renters sole option, Rentee shall either pay such amounts directly or shall reimburse Rentor for such amounts. rTAJ5 o 1 zb LLJ~ vim` V 7. Rentee shall be liable for all damage to, or loss of, any Equipment regardless of c or insurance covers a (collectively, '•Lo . Loss of any Equipment shall not relieve Rentee from its obligations under this Agreement. In the event of a Loss, Rentee shall promptly enter of the Loss (and in any event with' ours after Rentee's knowledge of such Loss), and shall promptly pay to Renter: (a)-the fair market value of Equipment or the cost of repair, as etermined by Rentori (b) aU rental charges up to-the date Rentee pays Renter the full amount of repair or replacement, (per §7(a)), and (c) all other amounts owe under this Agreement. Rentee shall be responsible for proper disposal of Loss Equipment but may not dispose of any Equipment until Renter has been notified in writing and Rentee has paid all amounts due in full, 8. Rentee shall carry at its own expense (a) Commercial General Liability insurance $1,000,000 combined single limit per occurrence, $2,000,ODO aggregate and Business Automobile Liability insurance covering all owned, hired and non-owned vehicles in the amount of $1,000,000 combined single limit each occurrence for damage or loss or personal injury, death or property damage occurring upon premises occupied by Rentee, or in connection with services rendered by Rentee, or Renlee's ownership, rental, subrental, maintenance or operation any equipment or vehicle of any kind, (b) "all risk" property insurance covering the Equipment in an amount not less than full replacement value, and {c)~rdds+r en such such insurance shall: (a) be in a form reasonably acceptable to Renter; (b) name Renter as an additional insured, loss payee, or both, as appropriate; (c) include a cross-liability clause; ( I~ l` (e) be primary and without contribution from Rentor or Its insurance carrier(s); and (t) require the insurance carrier to provide Rentor at least 30 days advance written notice of cancellation, expiration or material modification of such Insurance. Should the Rentee's business include interstate or intrastate transportation of hazardous cargoes as defined by the Motor Carrier Act of 1980 (as amended), Rentee shall provide evidence of compliance with the financial responsibility requirements of the Motor Carrier Act (Form MCS-90). If higher limits or other forms of insurance are required by the Rentor, Rentee will comply with such requirements. Rentee shall provide written evidence of the insurance required hereunder from time to time, as requested by Renter. 9, Rentee shall keep all Equipment free of any mortgage, pledge, encumbrance, charge, security interest, lien, or other claim or encumbrance against, created or suffered by, Rentee. Rentee shall not assign this Agreement, and shall not subrent, sublease or otherwise permit any person (other than Renter) to use or possess any Equipment 10, Renlee shall return all Equipment (a) to location(s) specified by Renter land safely slack any irrigation pipe), (b) in the same condition as when it was delivered to Rentee, and in good and efficient operating condition excluding normal wear and tear, (c) free from Renlee's signs or markings, and (d) in clean condition, and free of measurable amounts of Contaminants. Rentor may have Equipment tested for Contaminants, and if the presence of Contaminants is confimed, the cost of all testing and elimination of Contaminants from the Equipment shall be at Rentee's expense. All filtration media including, without limitation, carbon, sand, cartridges, bags, coalescing packs are the property of the Rentee and must be removed from the rental Equipment prior to return. 11. ALL EQUIPMENT IS RENTED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY (a) THAT IT IS FIT FOR ANY PARTICULAR PURPOSE; (b) REGARDING CLAIMS OF PATENT OR COPYRIGHT INFRINGEMENT; (c) OF QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY, MERCHANTABILITY, PERFORMANCE, MATERIAL OR WORKMANSHIP, OR AGAINST HIDDEN OR LATENT DEFECTS AND ALL SUCH RISKS ARE TO BE BORNE BY RENTEE AT ITS SOLE COST AND EXPENSE, AND RENTEE WAIVES ALL RIGHTS AND REMEDIES IT MAY HAVE UNDER THE UNIFORM COMMERCIAL CODE DEEMED APPLICABLE TO THIS AGREEMENT. RENTOR SHALL NOT BE RESPONSIBLE FOR DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES, ARISING OUT OF RENTEE'S RENTAL OR USE OF THE EQUIPMENT. are 'i01•'"!~ Rentee shall hold harmless, indemnify and defend the Rentor Group from Losses arising from, in connection with or related to Claims. "Renter Group" means Renter, its successors, assigns, nts, subsidiaries and affiliates, and their respective shareholders, representatives, directors, officers, employees and agents. "Losses' means all losses, attorneys fees and costs, other fees, I sts, expenses, claims, liabilities, damages, penalties and fines. "Claims' means all lawsuits, judgments, administrative rulings or decisions, claims, arbitration awards, arising from, in connection 4ilh or related to (a) Rentee's failure to comply with §5, (b) any Default (as defined in §13), (c) the uce, possession, renting, leasing, subleasing, operation, transportation, maintenance, condition, t/✓.repair, replacement, return andlor storage of any Equipment, (d) any pollution, contamination, environmental impairment and/or similar condition directly or indirectly caused by or resulting in whole or in pail from Rentees use of any Equipment or (e) any environmental statutory or regulatory compliance requirements applicable to any equipment (or any use thereof) and required under any and all .gyp • k foreign or domestic federal, state or local laws, treaties, ordinances, regulations, codes, rules, orders, guidelines, policies or requirements of any governmental au8rorities which regulate or impose Ae standards of liability or conduct concerning air, water, soils, wetlands and watercourses, solid waste, hazardous waste and/or materials, worker and community right-lo-know, noise, resource CQS" protection, health protection and similar environmental, health, safety, and land use concerns as may now or at any time hereafter be in effect. This indemnification shall survive the termination of the r Agreement. 13. Should the Rentee in any way fail to perform, observe or keep any provision of this Agreement ("Default'), Ranter may at its option do any one or more of the following: (a) terminate this Agreement; (b) declare all amounts payable hereunder due and immediately payable and commence legal action therefor, (c) retake possession of the Equipment, holding the Rentee liable for all - rental and other charges and for all costs and fees incurred in connection with the retaking of the Equipment; or (d) pursue any other remedies available by law. Default includes but is not limited to, filing under any bankruptcy, reorganization, receivership, insolvency, moratonum or other laws relating to the relief of debtors, readjustment of indebtedness, financial reorganization, arrangements with creditors, compositions or extensions of Indebtedness; or insolvency of Rentee. The Rentee certifies by signing this Agreement they are financially solvent as of the date signed and that they will immediately notify Renter of a material adverse change in their financial condition. 14. CRIMINAL WARNING; the use.0f false identification or information to obtain Equipment or failure to return the Equipment by the Due Date may be considered a theft subject to criminal ~~'prosecution pursuant to applicable cominal or penal code provisions. 15. Notices shall be deemed given when sent by telecopy (with reasonable confirmation of receipt), or by reputable ovemight delivery courier to Ranter or Rentee at its addr9ss staled on page 1 of this Agreement, or such other address from mate lime designated in writing by the party to which notice is to be given. wxYlj,~ urS;t~:'c 4; 9i wi., M; 1~ !W-Venue for any legal disputes between parties will lie bounty laliitoraia ec where rental/senioes were perfo mad enter and Rentee agree that this Agreement is entered into in Kern County. The Agreement shall be enforced as if any provision, which has been finally de(ermined by a court of competent jurisdiction to be invalid under any applicable laws or regulations, was omitted. (b) Rentee shall execute and deliver such instruments and assurances as Renter requests to confirm or perfect this Agreement or Rentor's rights under Uhis Agreement. Rentee shall provide information needed by Renter to accurately prepare and file all tax returns and reports concerning the Equipment. (c) Any failure of Rentor to require strict performance by Rentee of any provision(s) of this Agreement shall not waive or diminish Rentor s right thereafter to demand strict compliance therewith or with any other provision. Any waiver by Renter of a default by Rentee shall not constitute a waiver of any other default by Rentee. (d) This Agreement (i) represents the entire agreement and understanding of the parties with respect to the subject matter of this Agreement, and (ii) the Agreement may be executed in any number of counterparts, which shall together constitute one contract. (e) No provision of this Agreement shall be waived, modified, altered, or amended, except in writing signed by the party to be charged. (f) Rentee shall have no right or option to buy any Equipment except as otherwise slated inan Invoice. Rentee shall acquire no ownership interest or equity in any Equipment due to payment of rent to Renter. All Equipment-shall remain personal property and shall not become a real property fixture. (g) A defaulting party shall pa all damages, costs and expenses incluch g, without limitation, attorney and accounting fees, reasonably incurred by the other party by reason of such default, with orwithoul litigation--F" ee 1 {0 O,t1.^-r- - G(s,-. r ~t . 17. Additional Terms and Conditions for Safes: (a) Terms and Conditions. ac?cli (b) Delay. Seller shall not be liable for failure to deliver or delays in delivery occasioned by causes beyond-seller's control, 1}+~'N including without limitation, stokes, lockouts, fires, embargoes, war or other outbreak of hosUlities, acts of God, inability to obtain shipping space, machinery breakdowns, delays of carders or suppliers, and domestic or foreign or governmental acts or regulations. (c) Walver. All claims shall be deemed waived unless made in writing, delivered to seller within 10 days after receipt of goods by buyer. (d) Inspection. Buyer shall afford seller prompt and reasonable opportunity to inspect goods as to which any claim is made as above stated. Seller reserves the right, in its sole discretion, to repair or replace any claimed defect in the goods. (e) Cancellation of Merchandise. Cancellation of standard items may be honored only if the request is received prior to shipment. Custom made or specie!-items may not be canceled unless cancellation precedes the in-process manufacture of the item. (f) Manufacturer-Warranties. Buyer must comply with all original manufacturers terms and conditions for any warranty claims that may arise.-Seller does not warranty the merchandise sold beyond the terms of such warranty offered by the manufacturer, if any. Neither Rain For Rent nor the manufacturer warranties the product if it-has failed due to corrosion, misuse or damage; (2) it has been altered, repaired or modified in any wa; that would adversely affect its operation; or (3) it was installed or operated other than in accordance with manufacturers operating instructions. 18. In this Agreement, the following, terms shall have the respective meanings-given to them: (a) 'Acute Hazardous Waste' means any and all Contaminants, hazardous waste, materials and substances (including, without limitation, polychlorinated biphenol contaminants (PCBs), pentachloropihenols and normally occurring radioactive materials (norm) but excluding Ultra Hazardous Waste; (b) 'Ultra Hazardous Waste" means any (i) radioactive, corrosive, explosive or biological waste and materials (but excluding normally occurring radioactive materials (norm)) and/or (it) t hazardous, toxic or dangerous waste, material or other substance, whether solid, liquid or gas, as defined in the Resource Conservation and Recovery Act of 1976 (as amended from time to time) and-any successor Iegistation thereto or regulations promulgated pursuant thereto. "t rte` "l INITIAL HERE: z of 2 Revision 08114 k Rental Quotation Portland w,,vvr.rainforrent.com 11035 Ne Marx St Portland, OR 97220 Phone: 503-262-7246 Fax: 503-262-1299 Quotation Number: 10-059-732013 Job Description: Prepared By: Scott Bevens City of Ashland WTP Pilot Project Customer: City Of Ashland Location: Customer ID: 23361f Ashland, Oregon Address: 20 E Main Stt. City/State: Ashland, OR 97520 Contact: Bidding Estimator Office: 5414886002 Fax: Rental Sub Total: $7,132.26 Sub Total: $7,132.26 Est. Delivery Hauling $2,906.50 Recommended Optional Items - Rental: $0.00 Est. Pick-up Hauling $1,606.50 Recommended Optional Items - Sales: $0.00 Does not include sales tax Accept Decline Initial Est. Install Labor $0.00 Est. Removal Labor $0.00 By checking Accept and initialing customer is acknowledging that the additional cost for the above items will be added to the grand total. Est. Services $0.00 Est. Air Quality Fee $0.00 Est. Rev Air Quality Fee -$0.00 1 Recommended Optional Item - LDW: $0.00 Est. Enviro Recovery Fee $106.00 Est. Rev Enviro Recovery Fee -$0.00 ( Does Not Include Sales Tax) Grand Total. $11,751.26 L% Date Prepared: 7//28/2017 e / Valid Until: 8/27/2017 Customer Date .,+f By signing this quotation, customer represents that he!she has read and agreed to both the Statement of Work and Scope of Agreement sections, M and is also agreeing to the grand total amount listed above, plus any recommended optional items if checked and initialed. If customer requires a Purchase Order number to process and submit payment, it must be supplied to Rain for Rent at the time of acceptance of this quotation. Please insert Purchase Order number here: Loss Damage Waiver Option I have received and reviewed the Loss Damage Waiver Program Agreement incorporated as the last page of this estimate. By initialing this paragraph, i understand that I am agreeing to enter into and be bound by the terms o the Loss Damage Waiver Program Agreement and that I am authorized to enter into this Agreement on behalf of Customer. Initial here: cj ~ IQ~~ ~ ~ ~ v~ d- ✓'tt,~ It a~P ~r ~ li d-~~~;n /~r~ s - ~ t s ~ ~R Q U ' -e-e wr-L v.47 a S dv~. ~,-vC t d vY,! ~~I° ✓D al , s T ~u l GYz~ t r(~(Q r~VO fic(;r t a W4& e r,-._ ( e O C v vV1• t.d- S rri^¢'~I ~vvdad-~`v~. Printed 7128/2017 12:10 PM Page 2 of 6 Quotation 10-059-732013 Confidentiality Notice: This quotation and any associated document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). They cannot be used, circulated. duplicated, quoted or otherwise referred to or disclosed to third arties for any reason without the written consent of an Officer of Western Oilfields Supply Company dba ain for Rent. If you have received this information in error, please immediately contact us at return(a~rainforrent.com. Thank you. RAIN FOR RENTTM CREDIT APPLICATION MASTER RENTAL & SALES AGREEMENT Account No. APPLICANT: (IF INDIVIDUAL, LAST NAME, FIRST NAME, MIDDLE_INI i IAL) TELEPHONE: CELL PHONE: Name or Style Under Which You Do Business (DBA) p 1-- s:.. ADDRESS f _ jtry r., CfTY, r i .7 . ^a STATE f . ZIP { BILLING ADDRESS. ; CITY STATE ZIP Year Established: Fe4eral Tar fD # Contractor License # D & B Number: Web Address E MAIL: Primary SIC Code: TYPE 9F BUSINESS: # f Emptoyees Annual Revenue _ stock Symbol if Publicly Traded: ❑INDIVIDUAL ❑CORPORATION L-JGENERAL PARTNERSHIP DLIMITED PARTNERSHIP ❑JOINT VENTURE DLIMITED LIABILITY PARTNERSHIP ❑LiMiITED LIABILITY COMPANY NAME & ADDRESS OF PARENT CORPORATION CORPORATE OFFICERS or PARTNERS (IF LIMITED PARTNERSHIP NAME OF GENERAL PARTNER) or MEMBERS or INDIVIDUALS (LIST SPOUSE) NAME ADDRESS SOCIAL SECURITY OR TAX I D. No. 1. 2. 3. CREDIT REFERENCES : LARGEST SUPPLIERS OR VENDORS ADDRESS PHONE # FAX# F, y ~ , t~4 t„ s'+ T'~ s r ..~s:r't-', ,'4 t'" 11 ' z FINANCIAL INFORMATION: NAME CITY STATE PHONE # FAX# ACCOUNT # -4 t 1. BANKJL_NDEP, , 9BAAKILOAN OFFICER: PURCHASE INFORMATION: P 'S REQUIRED ESTIMATED ANNUAL PURCHASES: Have you ever led for Bankn pity i Fs No $ El YES `SALES TAX INFORMATION: EXEMPT ❑ NON-EXEMPT RESALE CERTIFICATEIEXEMPTION Customer's Statement: Read thit statement before ou sign it. All information I have given in this application is true and correct. I have read this document in its entirely, both page 1 and 2, and acknovdedge that no verbal representations were made to induce the signing of this agreement. By signing below this Application For Credit, Master Rental and Sales AGREEMENT, I agree to comply with and be bound by all terms and conditions contained herein. I understand that you will confirm the information and retain the application whether or not my application is approved. You are also authorized to receive information about my credit. You can answer questions and requests from other; for credit and experience information about me and the applicant on existing accounts with you. i authorize my bank and other lending institutions to release to WESTERN OILFIELDS SUPPLY COMPANY dba RAIN FOR RENT financial information to support m a licatlon. Customer/Aulhorized -91`nature'& Title Date 0+-..t CustomerlAuthorized Signature & Title Date 1. The terms and conditions of the rental and sale of any equipment ("Equipmenr) by Rain For Rent, Western Oilfields Supply Company, its subsidiaries and affiliates (collectively, "Renton) to the Applicant ('Rentee") are stated in this Master Rental and Sales Agreement ("Agreement"), as supplemented by any Rentor invoice to Rentee ("Invoice"), any delivery documents, and any documents from Rentor regarding the use or handling of Equipment, or Rentor's consent under § 3(a). 2. Rentee shall pay to Rentor within 30 days ('Due Date") of the date of an Invoice all Equipment rental, sales and other charges (if any) stated therein ("Invoiced Charges") and interest at the rate of 1.5% per month (or if less, the highest rate permitted under law) on payments not received by the Due Date. Payments will be credited first against accrued interest and then Invoiced Charges. Rentee agrees that all funds;rom anyone or received by Rentee to the extent those funds result from the labor, material or Equipment supplied by Rentor shah be held in trust for benefit of Renlor ("Trust Funds'). Rentee agrees it has no interest in Trust Funds Held by anyone and to promptly account for and pay to Renton all Trust Funds. 3. (a) RENTEE SHALL NOT PERMIT THE PRESENCE OF ANY HAZARDOUS WASTE IN EQUIPMENT WITHOUT RENTOR'S PRIOR WRITTEN CONSENT. (b) RENTEE SHALL 'NOT PERMIT ANY EQUIPMENT TO BE USED FOR THE STORAGE, SHIPMENT OR CARRIAGE OF ACUTE HAZARDOUS WASTE WITHOUT RENTOR'S PRIOR WRITTEN CONSENT. FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL RENTEE PERMIT ANY EQUIPMENT TO BE USED FOR THE STORAGE, SHIPMENT OR CARRIAGE OF ULTRA HAZARDOUS WASTE. (c) RENTEE IS PROHIBITED FROM PLACING IN THE EQUIPMENT ANY MATERIAL THAT CAUSES OR IS SUSPECTED TO CAUSE CORROSION, INCLUDING, BUT NOT LIMITED TO, COPPER-BASED FUNGICIDE CHAMP FLOABLE, KOCIDE 101, KOCIDE 606, COPPER-COUNT-N, AND RIDOMiL-COPPER FUNGICIDE. (d) Rentee shall advise Rentor of the exact location and condition of the Equipment when requested by Rentor. Rentee agrees that Rentor may inspect any Equipment at any time and at any place where Equipment is located 4. A I Equipment will be delivered to Rentee at the location set forth in the relevant Delivery Document and Rentee's execution of a Delivery Document shall be conclusive evidence that the relevant Equipment has been delivered to Rentee. Rentee agrees that this Agreement shall govern all "delivery without signature" deliveries should Rentee fail or be unable to sign the Delivery Document. At the option and cost of Rentee, Rentor may (but shall not be obliged to) provide (a) delivery and return freight services ancLlor (b) installation services, any such services shall be carried out during the term of the rental, (c) Rentee acknowledges that Equipment may have contained hazardous materials and/or environmental^ontaminants ("Contaminants"). Rentee may, at its sole option and expense, test any Equipment prior to taking delivery of it irom Renlor. If Contaminants are detected in any Equipment prior to Rentee taking delivery thereof. Rentee may terminate its rental of the Equipment. IF RENTEE ELECTS NOT TO (1) TERMINATE ITS RENTAL OF THE EQUIPMENT OR (11) TEST THE EQUIPMENT, RENTEE SHALL THEREBY WAIVE ANY RIGHT TO OBJECT TO THE PRESENCE OF CONTAMINANTS IN ANY EQUIPMENT OR MAKE ANY CLAIM AGAINST RENTOR IN RESPECT THEREOF.Form-361 5. Rentee shall (a) use all Equipment only as permitted under this Agreement in a safe, careful and proper manner ('Permitted Uses'); and (b) at Rentee`s sole cost and expense, maintain all Equipment in good repair and working order ("MaintenancerIR air'), includin imited to safety features, any meter that measures hours of Equipment use ("Equipment Use Meter"), and belts, AIN and will replace lubricants, oil and filter 75Z 1 ZTO ft"w any Equipment to come into ca act with any substance(s) that may cause damage. Rentee shall not modify, of 2 I hit Pz~` Form-361 Ashland Asst. C' Attorney oat D 0 7 If 7 or make any attachments to, any Equipment. Upon Rentee's written request, Renter may provide Maintenance/Repair of Equipment and add Renter's then current retail charges for such Maintenance/Repair to Rentee's Invoice. Rentee shall be responsible for any damage, harm or liability to any Equipment, Renter, Rentee or another, which is related to modification or removal of any- Equipment safety feature (including, but not limited to, guards, shrouds, railings, oil pressure, water temperature, pump discharge components). 6. Rentee shall be responsible for environmental fees covering waste fluid, fuel, filter and other disposal costs and for any fuel, product, maintenance and service related sur-charges. The environmental fee is not a government mandated charge. Rentee is responsible to comply with Fugitive Dust Provisions of Air Quality Management Districts. All taxes, levies, fees or assessments against Rentee, Rentor or Equipment due to Rentee's use of any Equipment, or Rentee's payments to Renter (except RentorIs income to ' bitity as to such payments). At Renters sole option, Rentee shall either pay such amounts directly or shall reimburse Renter for such amounts. Irw 0-nalo lJ u 7. Rentee shall be liable for all damage to, or loss of, any Equipment regardless of c or insurance coverage (collectively, "L-PIK Loss of any Equipment shall not relieve Rentee from its obligations under this Agreement. In the event of a Loss, Rentee shall promptly enter of the Loss (and in any event with' ours after Rentee's knowledge of such Loss), and shall promptly pay to Renton. (a) the fair market value of Equipment or the cost of repair, as etermined by Renter (b) all rental charges up to the date Rentee pays Rentor the full amount of repair or replacement, (per §7(a)), and (c) all other amounts owe under this Agreement, Rentee shall be responsible for proper disposal of Loss Equipment but may not dispose of any Equipment until Renter has been notified in writing and Rentee has paid ail amounts due in full. 8. Rentee shalt carry at its own expense (a) Commercial General Liability insurance $1,000,000 combined single limit per occurrence, $2,000,000 aggregate and Business Automobile Liability insurance covering all owned, hired and non-owned vehicles in the amount of $1,000,000 combined single limit each occurrence for damage or loss or personal injury, death or property damage occurring upon premises occupied by Rentee, or in connection with services rendered by Rentea, or Rentee's ownership, rental, subrental, maintenance or operation of any equipment or vehicle of any kind, (b) 'all risk" property insurance covering the Equipment in an amount not less than full replacement value, and (c)sw0em and II such insurance shall: (a) be in a form reasonably acceptable to Rentor, (b) name Renter as an additional insured, loss payee, or both, as appropriate; (c) include a cross-liability clause; ( a t+ti- t Uae Rer~ier, (e) be primary and without contribution from Renter or its insurance carrier(s); and (f) require the insurance carrier to provide Renter at least 30 days advance written notice of cancellation, expiration or material modification of such insurance. Should the Rentee's business include interstate or intrastate transportation of hazardous cargoes as defined by the Motor Carrier Act of 1980 (as amended), Rentee shall provide evidence of compliance with the financial responsibility requirements of the Motor Carrier Act (Form MCS-90). If higher limits or other forms of insurance are required by the Renter, Rentee will comply with such requirements. Rentee shall provide written evidence of the insurance required hereunder from time to time, as requested by Rentor. 9. Rentee shall keep all Equipment free of any mortgage, pledge, encumbrance, charge, security interest, hen, or other claim or encumbrance against, created or suffered by, Rentee. Rentee shall not assign this Agreement, and shall not subrent, sublease or otherwise permit any person (other than Renter) to use or possess any Equipment. 10. Rentee shall return all Equipment (a) to location(s) specified by Rentor (and safely stack any irrigation pipe), (b) in the same condition as when it was delivered to Rentee, and in good and efficient operating condition excluding normal wear and tear, (c) free from Rentee's signs or markings, and (d) in dean condition, and free of measurable amounts of Contaminants. Renter may have Equipment tested for Contaminants, and if the presence of Contaminants is confirmed, the cost of all testing and elimination of Contaminants from the Equipment shall be at Rentee's expense. All filtration media including, without limitation, carbon, sand, cartridges, bags, coalescing packs are the property of the Rentee and must be removed from the rental Equipment prior to return. 11. ALL EQUIPMENT IS RENTED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY (a) THAT IT IS FIT FOR ANY PARTICULAR PURPOSE; (b) 4REGARDING CLAIMS OF PATENT OR COPYRIGHT INFRINGEMENT; (c) OF QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY, MERCHANTABILITY, PERFORMANCE, MATERIAL WORKMANSHIP, OR AGAINST HIDDEN OR LATENT DEFECTS AND ALL SUCH RISKS ARE TO BE BORNE BY RENTEE AT ITS SOLE COST AND EXPENSE, AND RENTEE WAIVES ALL HTS AND REMEDIES IT MAY HAVE UNDER THE UNIFORM COMMERCIAL CODE DEEMED APPLICABLE TO THIS AGREEMENT. RENTOR SHALL NOT BE RESPONSIBLE FOR AGES, INCLUDING CONSEQUENTIAL DAMAGES, ARISING OUT OF RENTEE'S RENTAL OR USE OF THE EQUIPMENT. Rentee shall hold harmless, indemnify and defend the Rentor Group from Losses arising from, in connection with or related to Claims. "Rentor Group" means Rentor, its successors, assigns, nts, subsidiaries and affiliates, and their respective shareholders, representatives, directors, officers, employees and agents. "Losses" means all losses, attorneys fees and costs, other fees, 1 osts, expenses, claims, liabilities, damages, penalties and fines. "Claims" means all lawsuits, judgments, administrative rulings or decisions, claims, arbitration awards, arising from, in connection ith or related to (a) Rentee's failure to comply with §5, (b) any Default (as defined in § 13), (c) the use, possession, renting, leasing, subleasing, operation, transportation, maintenance, condition, M4repair, replacement, return and/or storage of any Equipment, (d) any pollution, contamination, environmental impairment and/or similar condition directly or indirectly caused by or resulting in whole or )V in pail from Rentee's use of any Equipment or (e) any environmental statutory or regulatory compliance requirements applicable to any equipment (or any use thereof) and required under any and all SO. k foreign or domestic federal, state or local laws, treaties, ordinances, regulations, codes, rules, orders, guidelines, policies or requirements of any governmental authorities which regulate or impose e ~or standards of liability or conduct concerning air, water, soils, wetlands and watercourses, solid waste, hazardous waste and/or materials, worker and community right-to-know, noise, resource vi- protection, health protection and similar environmental, health, safety, and land use concerns as may now or at any time hereafter be in effect. This indemnification shall survive the termination of the :Iti1M5` Agreement. j"F^''C',',k J 13. Should the Rentee in any way tail to perform, observe or keep any provision of this Agreement ("Default"), Renter may at its option do any one or more of the following: (a) terminate this Agreement; (b) declare all amounts payable hereunder due and immediately payable and commence legal action therefor, (c) retake possession of the Equipment, holding the Rentee liable for all rental and other charges and for all costs and fees incurred in connection with the retaking of the Equipment; or (d) pursue any other remedies available by law. Default includes but is not limited to, filing under any bankruptcy, reorganization, receivership, insolvency, moratorium or other laws relating to the relief of debtors, readjustment of indebtedness, financial reorganization, arrangements with creditors, compositions or extensions of indebtedness; or insolvency of Rentee. The Rentee certifies by signing this Agreement they are financially solvent as of the date signed and that they will immediately notify Renter of a materia' adverse change in their financial condition. 14. CRIMINAL WARNING: the use of false identification or information to obtain Equipment or failure to return the Equipment by the Due Date may be considered a theft subject to criminal 'prosecution pursuant to applicable criminal or penal code provisions. 15. Notices shall be deemed given when sent by telecopy (with reasonable confirmation of receipt), or by reputable overnight delivery courier to Renter or Rentee at its ad~dr% ss stated on page 1 of this Agreement, or such other address from time to time designated in writing by the party to which notice is to be given. uJi~h;~ ' ui`l )d 4 11 14119 119 enue for any legal disputes between parties will lie city In ft a ~yti where rental/services were performed . Renter and Rentee agree that this Agreement is entered into in Kem County. The Agreement shall be enforced as if any provision, which has been finally determined by a court of competent jurisdiction to be invalid under any applicable laws or regulations, was emitted. (b) Rentee shall execute and deliver such instruments and assurances as Renter requests to confirm or perfect this Agreement or Rentor's rights under this Agreement. Rentee shall provide information needed by Renter to accurately prepare and file all tax returns and reports concerning the Equipment. (c) Any failure of Rentor to require strict performance by Rentee cf any provision(s) of this Agreement shall not waive or diminish Renter's right thereafter to demand strict compliance therewith or with any other provision. Any waiver by Rentor of a default by Rentee shall not constitute a waiver of any other default by Rentee. (d) This Agreement (i) represents the entire agreement and understanding of the parties with respect to the subject matter of this Agreement, and (ii) the Agreement may be execuied in any number of counterparts, which shall together constitute one contract. (e) No provision of this Agreement shall be waived, modified, altered, or amended, except in writing signed by the party to be charged. (fj Rentee shall have no right or option to buy any Equipment except as otherwise stated in an Invoice. Rentee shall acquire no ownership interest or equity in any Equipment due to payment of rent to Renter, All Equipment shall remain personal property and shalt no', become a real property fixture. (g) A defaulting party shall pa all damages, costs and expenses includ' g, without limitation, attorney and accounting fees, reasonably incurred by the other party by reason of such default, with or without fitigation_-S e c Fo Ortlh7;, • G~?,r 1e- , 17. Additional Terms and Conditions for Sales: (a) Terms and Conditions. _ OYS V4111 111 (b) Delay. Seller shall not be liable for failure to deliver or delays in delivery occasioned by causes beyond seller's control, including without limitation, strikes, lockouts, fires, embargoes, war or other outbreak of hostilities, acts of God, inability to obtain shipping space, machinery breakdowns, delays of carriers or suppliers, and domestic or foreign or governmental acts or regulations. (c) Waiver. All claims shall be deemed waived unless made in writing, delivered to seller within 10 days after receipt of goads by buyer. (d) Inspection. Buyer shall afford seller prompt and reasonable opportunity to inspect goods as to whirl; any claim is made as above stated. Seller reserves the right, in its sole discretion, to repair or replace any claimed defect in the goods. (e) Cancellation of Merchandise. Cancellation of standard items may be honored only if the request is received prior to shipment Custom made or specia items may riot be canceled unless cancellation precedes the in-process manufacture of the item. (f) Manufacturer Warranties. Buyer must comply with all original manufacturers terms and conditions for any warranty claims that may arise. Seller does not warranty the merchandise sold beyond the terms of such warranty offered by the manufacturer, if any. Neither Rain For Rent nor the manufacturer warranties the product if it has failed due to corrosion, misuse or damage; (2) ii has been altered, repaired or modified in any way that would adversely affect its operation; or (3) it was installed or operated other than in accordance with manufacturer's operating instructions. 18. In this Agreement, the foflowieg-terms shall have the respective meanings given to them: (a) 'Ante Hazardous Waste' means any and all Contaminants, hazardous waste, materials and substances (including, without limitation, polycNorinated biphenol contaminants (PCBs), pentachlorophenols and normally occurring radioactive materials (norm) but excluding Ultra Hazardous Waste; (b) "Ultra Hazardous Waste" means any (i) radioactive, corrosive, explosive or biological waste and materials (but excluding normally occurring radioacfiae materials (norm)) and/or (ii) hazardous, toxic or dangerous waste, material or other substance, whether solid, liquid or gas, as defined in the Resource Conservation and Recovery Act of 19,16 (as amended from time to fime) and-any successor legislation thereto or regulations promulgated pursuant thereto. INITIAL HERE: 2 of 2 Revision 08/14 r z i! ASHLAND WTP PILOT TEST RENTING/PURCHASING OPTIONS FOR PUMPS Supplier Location Pump HP Purchase/Rent Price* Comment Terrace St Tsurumi 30 Rent $1,546 Includes Rain for Rent PS LH322W-61 Per month panel Tailrace Tsurumi 4 Rent $680 Includes LH23.OW-60 Per month panel Terrace St Flygt 2140 19 Purchase $14,667 Includes Xylem PS panel Tailrace F ygt 2620 3.5 Purchase $5,144 Includes panel Tailrace Flygt 2620 3.5 Rent $792 Includes Per month panel Terrace St Flygt 2140 19 Rent $2,034 Includes PS Per month panel Northwest Terrace St Ebara 16 Purchase $10,953 Does not Pump & PS 100DWPMST616 include panel Equipment Tailrace Ebara 5 Purchase $4,663 Does not 80DWPST65 include panel * Cost excludes shipping. Rain for Rent estimated to be $1,344 each way. LEAD TIMES Rain for Rent • Both pumps are in stock at this time. • No more than a week for delivery. Xylem • Terrace St PS Purchase: In stock and takes 5-7 days for shipping from NJ. • Tailrace Purchase: In stock and takes 5-7 days for shipping from NJ. • Tailrace Rental: In Kent WA, allow approximately 2-4 days for shipping. Terrace St PS Rental: Out of stock. Northwest Puma & Equipment • 4-6 weeks plus transit time. C:\Users\caldwellk\Ap-pData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\UR7lU8SA\Ashland WTP Pilot Test Pump Summary.docx Ashland Pilot Test Temperary pump contacts 1. Rain for Rent Scott Bevens Outside Industrial Sales I Rain for Rent 11035 NE Marx St. Portland, OR 97220 P: (503) 262-7246 1 C: (503) 991-1609 sbevens@Rainforrent.Com 2. Xylem Mitch Larson Outside Sales Representative Dewatering Solutions 9625 SW Tualatin-Sherwood Rd. Tualatin, OR 97062 0: 503.981.0341 M: 503.710.6252 mitch.larson@xyleminc.com 3. Northwest Pump & Equipment Co. Martin Gillies Industrial Inside Sales Representative Northwest Pump & Equipment Co., an employee-owned company 2800 NW 31st Ave. Portland, OR 97210 503-205-2131 Martin.Gillies@nwpump.com RAIN FOR RENTTM CREDIT APPLICATION MASTER RENTAL & SALES AGREEMENT Account No. APPLICANT: (IF INDIVIDUAL, LAST NAME, FIRST NAME, MIDDLEJNI I IAL) TELEPHONE: ' 7 CELL PHONE: Name or Sloe Under Which You Do Business (DBA) ~ -y ~ Fem. ADDRESS 7 ~P~ ;a "t" r~,i-i STATE S E - ZIP HILLING ADDRESS 04 CITY STATE ZIP Year Es abf hed: Fa4eral Ta v10 # Contractor License # D & B m~er: Web Address: E MAIL: y,: tu ` 'i- i.'i~~..!t~ .t5 CJ'f~,.: 1~.5 i'. `'•A C,'~t': 1. :;,w.S c.~<.. ,.o Primary SIC Coda: TYPE F BUSINESS: # f Emp'oyees Annual Revenue Stock Symbol if Publicly Traded: INDIVIDUAL OCORPORATION LJGENERAt PARTNERSHIP L_jLfMITED PARTNERSHIP ❑JOINI' VENTURE ❑LIMITED LIABILITY PARTNERSHIP QLIMITED LIABILITY COMPANY NAME & ADDRESS OF PA.RENI CORPORATION CORPORATE OFFICERS or PARTNERS (IF LIMITED PARTNERSHIP NAME OF GENERAL PARTNER) or MEMBERS or INDIVIDUALS (LIST SPOUSE) NAME ADDRESS SOCIAL SECUMTY OR TAX I. D. Nc. 2. 3. CREDIT REFERENCES : LARGEST SUPPLIERS OR VENDORS ADDRESS FHONE# FAX# y ~jAa- 2., ~ ~tv jt±?%:rq CI o,t t~1'~a s I1-Ld~;~ 1 i { FINANCIAL INFORMATION: NAME CITY STATE PHONE # FAX# ACCOUNT # 1. BANitILENDER: i ) -.fie `-jkr` i 7 ca BANIULOAN OFFICER. PURCHASE INFORMATION: P p.'S REOJIRLD FSTIMATED ANNUAL PURCHASES: Have you ever led for Bankruptcy? jjYES 0 NO $ 0 YES "SALES TAX INFORMATION: /EXEMPT ❑ NON-EXEIAPT RESALE CERTIFICATE/EXEMPTION - r ' „u Customer's Statement: Read th3 statement before you Sign It. All information I have given in this applicalion is true and correct. I have read (his document in its entirely, both page 1 and 2, and acknowledge that no verbal representations were made to Induce the signing of this agreement. By signing below this Applicalon For Credit, Master Rental and Sales AGREEMENT, I agree to comply Will and be bound by all terms and conditions contained herein. I unders(and Ihal you vdll confirm the Informalion and relaln the applicalion whelher or not my application Is approved You are also authorized to receive Information about my credit. You can answer questions and requests from others for credit and experience Informalion abou(me and Ure applicant on existing accounts with you. I authorize my bank and other lending Inslnutlo o relea to WESTERN OILFIELOS SUPPLY COMPANY dba RAIN FOR RENT financial information to support m application, CustomerlAulhorized apatur44 Title Date I• cI .%r r=~' z t Customer/Authorized Signature & Titre Date 1. The terms and conditions of the rental and sale of any equipment ("Equipment') by Rain For Rent, Western Oilfields Supply Company, Its subsidiaries and affiliates (collectively, "Rentor") to the Applicant ('Rentee") are stated in this Master Rental and Sales Agreement ("Agreement"), as supplemented by any Rentor invoice to Rentee ("Invoice'), any delivery documents, and any documents from Rentor regarding the use or handling of Equipment, or Rentor's consent under § 3(a). 2. Renee shat! pay to Rentor within 30 days ("Due Date") of the date of an Invoice all Equipment rental, sales and other charges (if any) stated therein ("Invoiced Charges') and interest at the rate of 1.5% per month (or if less, the highest rate permitted under law) on payments not received by the Due Date. Payments will be credited first against accrued interest and then Invoiced Charges. Rentee agrees that all funds from anyone or received by Rentee to the extent those funds result from the labor, material or Equipment supplied by Rentor shall be field in trust for benefit of Renlor ("Trust Funds"). Reniee agrees it has no interest in Trust Funds Held by anyone and to promptly account for and pay to Rentor all Trust Funds. 3. (a) RENTEE SHALL NOT PERMIT THE PRESENCE OF ANY HAZARDOUS WASTE IN EQUIPMENT WITHOUT RENTOR'S PRIOR WRITTEN CONSENT. (b) RENTEE SHALL NOT PERMIT ANY EQUIPMENT TO BE USED FOR THE STORAGE, SHIPMENT OR CARRIAGE OF ACUTE HAZARDOUS WASTE WITHOUT RENTOR'S PRIOR WRITTEN CONSENT. FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL RENTEE PERMI F ANY EQUIPMENT TO BE USED FOR THE STORAGE, SHIPMENT OR CARRIAGE OF ULTRA HAZARDOUS WASTE. (c) RENTEE IS PROHIBITED FROM PLACING IN THE EQUIPMENT ANY MATERIAL THAT CAUSES OR IS SUSPECTED TO CAUSE CORROSION, INCLUDING, BUT NOT LIMITED TO, COPPER-BASED FUNGICIDE ,CHAMP FLOABLE, KOCIDE 101, KOCIDE 605, COPPER-COUNT-N, AND RIDOMiL-COPPER FUNGICIDE. (d) Rentee shall advise Rentor of the exact location and condition of the Equipment when requested by Rentor. Rentee agrees that Rentor may inspect any Equipment at any lime and at any place where Equipment is located. 4. All Equipment will be delivered to Rentee aUhe location set forth in the relevant Delivery Document and-Renlee's execution of a Delivery Documerd stall be conclusive evidence that the relevant Equipment has been delivered to Rentee. Rentee agrees that this Agreement shall govem all "delivery without signature" deliveries should Rentee fail or be unable to sign the Delivery Document. At the option and cost of Rentee, Rentor may (but shall not be obliged to) provide (a) delivery and return freight services andror (b) installation services, any such services shall be carried out during the term of the rental, (c) Rentee acknowledges that Equipment may have contained hazardous materials and/or environmental.contaminants ("Contaminants"). Rentee may, at its sole option and expense, test any Equipment prior to taking delivery of it from Rentor. If Contaminants are detected in any Equipment prior to Rentee taking delivery thereof, Rentee may terminate Its rental of the Equipment. IF RENTEE ELECTS NOT TO (1) TERMINATE ITS RENTAL OF THE EQUIPMENT OR (II) TEST THE EQUIPMENT, RENTEE SHALL THEREBY WAIVE ANY RIGHT TO OBJECT TO THE PRESENCE OF CONTAMINANTS IN ANY EQUIPMENT OR MAKE ANY CLAIM AGAINST RELATOR IN RESPECT THEREOF.Form361 5. Rentee shall (a) use all Equipment only as permitted under this Agreement in a safe, careful and proper manner ("Permitted Uses"); and (b) at Rentees sole cost and expense, maintain all Equipment in good repair and working order ("Maintenance/Repair")., includi limited to safely features, any meter that rneasures.hours of Equipment use ("Equipment Use Meser°), and belts, and will replace lubricants, oil and flter-PORe a 11*W w any Equipment to come into co act w th any substance(s) that may cause damage. Pentee shall not modify, 1 of 2 \ Form-361 rt y ~ h~`~ ~1~~/\ l Ashland Asst. Cr Datt~~ LO / or make any attachments to, any Equipment. Upon Rentee's written request, Rentor may provide Maintenance/Repair of Equipment and add Renlor's then current retail charges for such Maintenance/Repair to Renlee's Invoice. Rentee shall be responsible for any damage, harm or licbilly, to any Equipment, Renter, Rentea or another, whichis related to modification or removal of any Equipment safety feature (including, but not limited to, guards, shrouds, railings, oil pressure, water temperature, pump discharge components). 6. Rentee shall be responsible for environmental fees covering waste fluid, fuel, filter and other disposal costs and for any fuel, product, maintenance and service related sur-Charges. The environmental fee is not a government mandated charge. Rentee is responsible to comply with Fugitive Dust Provisions of Air Quality Management Districts. All taxes, levies, fees or assessments against Rentee, Renlor or Equipment due to Rentee's use of any Equipment, or Rentee's payments to Rentor (except Renlor's income layl~abilily as to such payments). At Rentor's sole option, Rentee shall either pay such amounts directly or shall reimburse Renlor for such amounts. revs one }i" - 7. Rentee shall be liable for all damage to, or loss of, any Equipment regardless of c or insurance coverage (collectively, "Lo . Loss of any Equipment shall not relieve Rentee from its obligations under this Agreement. In the event of a Loss, Rentee shall promptly entor of the Loss (and in any event with' ours after Renlee's knowledge of such Loss), and shall promptly pay to Renlor. (a) the fair market value of Equipment or the cost of repair, as elermined by Rentor (b) all rental charges up to the date Rentee pays Rentor the full amount of repair or replacement, (per §7fe)), and (c) all other amounts owe under this Agreement, Rentee shall be responsible for proper disposal of Loss Equipment but may not dispose of any Equiprent until Rentor has been notified in writing and Rentee has paid all amounts due in full. 8. Rentee shall carry at its own expense (a) Commercial General Liability insurance $1,000,000 combined single limit per occurrenco, $2,000,000 aggregate and Business Automobile Liability insurance covering all owned, hired and non owned vehicles in the amount of $1,000,000 combined single limit each occurrence for damage or loss or personal injury, death or property damage occurring upon premises occupied by Rentee, or in connection with services rendered by Rentee, or Renlee's ownership, rental, subrental, maintenance or operation of any equipment or vehicle of any kind, (b) "all risk" property insurance covering the Equipment in an amount not less than full replacement value, and (c) II such insurance shall (a) be p in a form reasonably acceptable to Renter, (b) name Renter as an additional insured, loss payee, or both, as appropriate; (c) include a cross-liability clause; I-Favidee laueFCt the RoNlor, (e) be primary and without contribution from Rentor or its insurance carver(s); and (f) require the insurance carrier to provide Renter at least 30 days advance written notice of cancellation, expiration or material modification of such insurance. Should the Renlee's business include interstate or intrastate transportation of hazardous cargoes as defined by the Motor Carrier Act of 1980 (as amended), Rentee shall provide evidence of compliance with the financial responsibility requirements of the Motor Carder Act (Form MCS-90). If higher limits or other forms of insurance are required by the Rentor, Rentee will comply with such requirements. Rentee shall provide written evidence of the insurance required hereunder from time to time, as requested by Renter. 9. Rentee shall keep all Equipment free of any mortgage, pledge, encumbrance, charge, security interest, lien, or other claim or encumbrance against, created or suffered by, Rentee. Rentee shall not assign this Agreement, and shall not subront, sublease or otherwise permit any person (other than Renlor) to use or possess any Equipment. 10. Renlee shall return all Equipment (a) to location(s) specified by Rentor (and safely slack any irrigation pipe), (b) in the same condition as when it was delivered to Rentee, and in good and efficient operating condition excluding normal wear and tear, (c) free from Renlee's signs or markings, and (d) in clean condition, and free of measurable amounts of Contaminants. Rentor may have Equipment tested for Contaminants, and if the presence of Contaminants is confirmed, the cost of all testing and elimination of Contaminants from the Equipment shall be at Rentee's expense. All filtration media including, without IimilatDn, carbon, sand, cartridges, bags, coalescing packs are the property of the Rentee and must be removed from the rental Equipment prior to return. 11. ALL EQUIPMENT IS RENTED 'AS IS' AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY (a) THAT IT IS FIT FOR ANY PARTICULAR PURPOSE; (b) qREGARDING CLAIMS OF PATENT OR COPYRIGHT INFRINGEMENT; (c) OF QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY, MERCHANTABILITY, PERFORMANCE, MATERIAL OR WORKMANSHIP, OR AGAINST HIDDEN OR LATENT DEFECTS AND ALL SUCH RISKS ARE TO BE BORNE BY RENTEE AT ITS SOLE COST AND EXPENSE, AND RENTEE WAIVES ALL RIGHTS AND REMEDIES IT MAY HAVE UNDER THE UNIFORM COMMERCIAL CODE DEEMED APPLICABLE TO THIS AGREEMENT. RENTOR SHALL NOT BE RESPONSIBLE FOR DAMAGES, INCLUDING CONSEQUENTIAL DAfJAGES, ARISING OUT OF P.ENTEE'S RENTAL OR USE OF'fHE EQUIPMENT. Rentee shall hold harmless, indemnify and defend the Renlor Group from Losses arising from, in connection with or related to Claims. "Rentor Group" means Renlor, its successors, assigns, arents, subsidiaries and affiliates, and their respective shareholders, representatives, directors, officers, employees and agents. "Losses" means all losses, attorneys fees and costs, other fees, /II ''h~osts, expenses, claims, liabilities, damages, penalties and fines. 'Claims' means all lawsuits, judgments, administrative rulings or decisions, claims, arbitration awards, arising from, in connection bOr' ~oWith or related to (a) Rentee's failure to comply with §5, (b) any Default (as defined in §13), (c) the use, possession, renting, leasing, subleasing, operation, transportation, maintenance, condition, un~~Ja repair, replacement, return and/or storage of any Equipment, (d) any pollution, contamination, environmental impairment andlor similar condition direcUy or indirectly caused by or resulting in whole or 0C I)OD in part from Rentee's use of any Equipment or (e) any environmental statutory or regulatory compliance requirements applicable to any equipment (or any use thereof) and required under any and all So. k foreign or domestic federal, state or local laws, treaties, ordinances, regulations, codes, rules, orders, guidelines, policies or requirements of any governmental authorities which regulate or impose pp ~pr standards of liability or conduct concerning air, water, soils, wetlands and watercourses, solid waste, hazardous waste and/or materials, worker and community right-to-know, noise, resource CQP protection, health protection and similar environmental, health, safety, and land use concerns as may now or at any time hereafter be in effect. This indemnification shall survive the termination of the ~Okrl Agreement. 13. Should the Rentee in any way fail to perform, observe or keep any provision of this Agreement ("Default' , Renter may at its option do any one or more of the following: (a) terminate this Agreement; (b) declare all amounts payable hereunder due and immediately payable and commence legal action therefor, (c) retake possession of the Equipment, holding the Rentee liable for all rental and other charges and for all costs and fees incurred in connection with the retaking of the Equipment; of (d) pursue any other remedies available by law. Default includes but is not limited to, filing under any bankruptcy, reorganization, receivership, insolvency, moratorium or other laws relating to the relief of debtors, readjustment of indebtedness, financial reorganization, arrangements with creditors, compositions or extensions of indebtedness; or insolvency of Rentee. The Rentee certifies by signing this Agreement they are financially solvent as of the date signed and that they will immediately notify Renter of a material adverse change in their financial condition. 14. CRIMINAL WARNING: the use of false identification or information to obtain Equipment or failure to return the Equipment by the Due Date may be considered a theft subject to criminal prosecution pursuanl to applicable criminal or penal code provisions. 15. Notices shall be deemed given when sent by lelecopy (with reasonable confirmation of receipt), or by reputable ovemight delivery courier to Renlor or Renlee at its address stated on page 1 of this Agreement or such other address from time to time designated in writing by the party to which notice is to be given, W, ' u i f;d; l ; 75--twreeF go 0i W., R_4444~~. Venue for any legal disputes between parties will lie exclusi-pig &Zj.tj ~rria. where rental!services were performedat-the,col¢.rliss erreFRemiw. Renter and Rentee agree that this Agreement is entered into in Kern County. The Agreement shall be enforced as if any provision, which has been finally determined by a court of competent jurisd'cfion to be invalid under any applicable laws or regulations, was omitted. (b) Rentee shall execute and deliver such instruments and assurances as Rentor requests to confirm or perfect this Agreement or Renter's rights under this Agreement. Rentee shall provide information needed by Renlor to accurately prepare and file all tax returns and reports concerning the Equipment. (c) Any failure of Rentor to require strict performance by Rentee of any provision (s) of this Agreement shall not waive or diminish Rentor's right thereafter to demand strict compliance therewith or with any other provision. Any waiver by Rentor of a default by Renlee shall not constitute a waiver of any other default by Rentee. (d) This Agreement (f) represents the entire agreement and understanding of the parties with respect to the subject mafter of this Agreement, and (ii) the Agreement may be execuied in any number of counterparts, which shall together constitute one contract. (e) No provision of this Agreement shall be waived, modified, altered, or amended, except in writing signed by the party to be charged. (f) Rentee shall have no right or option to buy any Equipment except as otherwise slated in an Invoice. Rentee shall acquire no ownership interest or equity in any Equipment due to payment of rent to Rentor. All Equipment shall remain personal property and shall no! become a real property fixture. (g) A defaulting party shall par all damages, costs and expenses inctud' g, without limitation, attorney and accounting fees, reasonably incurred by the other party by reason of such default with or without Iiligatert--r L ec t J,, Or J-, C(srl":5- 17. Additional Terms and Conditions for Sales: (a) Terms and Conditions. Thp -hove turps and r~ndifin~c ^s as icaWe are p®rehu f led-inte.artySe44. ~`~=~vtlei uuillisiefe (b) Delay. Seller shall not be liable for failure to deliver or delays in delivery occasioned by causes beyond-seller's control, including without limitation, strikes, lockouts, fires, embargoes, war or other outbreak of hostilities, acts of God, inability to obtain shipping space, machinery breakdowns, delays of carders or suppliers, and domestic or foreign or governmental acts or regulations. (c) Waiver. All claims shall be deemed waived unless made in writing, delivered to seller within 10 days after receipt of goods by buyer, (d) Inspection. Buyer shall afford seller prompt and reasonable opportunity to inspect goods as to which any claim is made as above stated. Seller reserves the right, in its sole discretion, to repair or replace any claimed defect in the goods. (e) Cancellation of Merchandise. Cancellation of standard items may be honored only if the request is received prior to shipment. Custom made or special items may not be canceled unless cancellation precedes the in-process manufacture of the item. (Q Manufacturer Warranties. Buyer must comply with all original manufacturers terms and conditions for any warranty claims that may arise.-Seller does not warranty the merchandise sold beyond the terms of such warranty offered by the manufacturer, if any. Neither Rain For Rent nor Ure manufacturer warranties the product if it-has failed due to corrosion, misuse or damage; (2) if has been altered, repaired or modified in any wav_that would adversely affect its operation; or (3) it was installed or operated other than in accordance with manufacturer's operating instructions. 18. In this Agreement, the following terms shall have the respective meanings given to them: (a) "Acute Hazardous Waste" means any and all Contaminants, hazardous waste, materials and substances (including, without limitation, polychlorinated biphenol contaminants (PCBs), pentachlorophenols and normally occurring radioactive materials (norm) but excluding Ultra Hazardous Waste, (b) "Ultra Hazardous Waste" means any (i) radioactive, corrosive, explosive or biological waste and materials (but excluding normally occurring radioactive materials (norm)) and/or (ii) hazardous, toxic or dangerous waste, material or other substance, whether solid, liquid or gas, as defined in the Resource Conservation and Recovery Act of 1976 (as amended from time to time) and-any successor legislation thereto or regulations promulgated pursuant thereto. INITIAL HERE: 2 of 2 Revision 08114 CERTIFICATE OF COVERAGE Agent This certificate is issued as a matter of information only DIRECT and confers no rights upon the certificate holder other than those provided in the coverage document. This certificate does not amend, extend or alter the coverage afforded by the coverage documents listed herein. citycounty insurance services Named Member or Participant Companies Affording Coverage City of Ashland COMPANY A -CIS COMPANY B - National Union Fire Insurance Company of Pitts, PA 20 East Main Street COMPANY C - RSUI Indemnity Ashland, OR 97520 LINES OF COVERAGE This is to certify that coverage documents listed herein have been issued to the Named Member herein for the Coverage period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents. Type of Coverage Company Certificate Effective Termination Date Coverage Limit Letter Number Date General Liability A 17LASH 7/1/2017 7/1/2018 General Aggregate: $2,000,000 X Commercial General Liability Each Occurrence: $1,000,000 X Public Officials Liability X Employment Practices X Occurrence Auto Liability A 17LASH 7/1/2017 7/1/2018 General Aggregate: None X Scheduled Autos Each Occurrence: $1,000,000 X Hired Autos X Non-Owned Autos Auto Physical Damage A 17APDASH 7/1/2017 7/1/2018 X Scheduled Autos X Hired Autos X Non-Owned Autos X Property A 17PASH 7/1/2017 7/1/2018 Per Filed Values X Boiler and Machinery A 17BASH 7/1/2017 7/1/2018 Per Filed Values X Excess Crime B 17ECASH 7/1/2017 7/1/2018 Per Loss: $750,000 X Excess Earthquake C 17EQASH 7/1/2017 7/1/2018 Each Occurrence: $5,000,000 X Excess Flood C 17FASH 7/1/2017 7/1/2018 Each Occurrence: $5,000,000 X Excess Cyber Liability A 17ECLASH 7/1/2017 7/1/2018 Occurrence/Aggregate: $450,000 Workers' Compensation Description: Proof of insurance for the City of Ashland, Oregon. WESTERN OILFIELDS SUPPLY CO. DBA RAIN FOR RENT, AND THEIR SUBSIDIARY COMPANIES, ITS DIRECTORS AND OFFICERS, EMPLOYEES, HEIRS, AND ASSIGNS, ARE HEREBY ENDORSED AS ADDITIONAL MEMBERS (INSURED), SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY, FOR THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES. IN ADDITION, LOSS PAYEE REQUIRED AS RESPECTS TO EQUIPMENT LEASED/RENTED TO THE INSURED. INSURANCE SHALL BE CONSIDERED PRIMARY AND WITHOUT CONTRIBUTION FROM WESTERN OILFIELDS SUPPLY CO., DBA RAIN FOR RENT, OR ITS INSURANCE CARRIER(S). WESTERN OILFIELDS SUPPLY CO., DBA RAIN FOR RENT, TO BE NAMED AS CANCELLATION NOTICE RECIPIENT UNDER THE POLICY PROVISIONS. Certificate Holder: CANCELLATION: Should any of the coverage documents herein be cancelled before the expiration date thereof, CIS will provide 30 days written notice to the certificate holder named herein, but failure to mail such Western Oilfields Supply Co., DBA notice shall impose no obligation or liability of any kind upon CIS, its agents or representatives, or the issuer Rain For Rent of this certificate. 11035 NE Marx Street Portland, OR 97220 / By. '-^-J PLI - ~/•z =y~~~,~_ Date: August 8, 2017 Dec. 02 60-PC-LH-21 ,09 TSURUMI PUMP LH - SERIES PERFORMANCE DEWATERWG PUMPS CURVE MODEL BORE HP KW RPM SOLIDS DIA LIQUID SG. VISCOSITY TEMP. LH23.7-61 2"/50mm 5 3.7 3420 0.334-/8.5mm Water 1.0 1.81 CST 60°F PUMP TYPE PHASE VOLTAGE AMPERAGE HZ STARTING METHOD INS. CLASS Dewatering Pump 3 220 / 440 / 575 13.4/6.7/ 60 Direct On Line B CURVE No. DATE PHASE VOLTAGE AMPERAGE HZ STARTING METHOD INS. CLASS EFF. TOTAL HD. REMARKS: % M. Ft - - - - --.r- 40 _ 130 120 - 35 TH-Q 4 110 100 30 100 90 - 90 80 25 80 70 70 j 20 60 60 1 - - 50 15 50 40 40 - - - - _ 10 - - + - - 30 30 - 20 20 - - - - . 5 . - . - 10 10 T US GPM 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 CAPACITY Iii'/min. 0.00 0.05 0.10 0.15 0.20 0.25 0.30 0.35 0.40 0.45 0.50 SHAFT PORTER . - - KW BHP - - - - --i- - - - - - 4.0 , - 3.5 3.0 I 4 POWER 2.5 SHAF - - - - - - - - - - - 2.0 . L1.5 2 - - 64-PC-U IW-03 o~. o0 TSURUMI PUMP LH-w SERIFS ERFOP-MANCE HIGH HEAD - DEWA N PUMPS RYE MODEL BORE HP KW PPM SOLIDS DIA LIQUID SG. VISCOSITY TEMP. LH322W-61 3'Wmm 30 Z.2 3493 0.334.18.5mm Water 1.0 1.81 CST E--`P PUMP TYPE PHASE VdLTAGE j AMPERAGE HZ STARTING METHOD INS. CLASS High Head Dewatering Pump 3 203.'230 -6us575; 77.0170.0135.0128.0 60 Direct On Line 8 CURVE No. DATE PHASE VOLTAGE AMPERAGE HZ STARTING METHOD ENS. CLASS EFF. TOTAL RD. REMARKS: % M. FL 130 120 400 110 350 100 90 300 80 100 250 70 80 60 200 70 50 60 150 44 SO - - 40 30 100 - ~FF l 34 { 20- .00 20- 50 10 10 0 0 0 US GPM 0 50 100 150 200 250 300 350 CAPACITY M'Jrtit. 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 1.1 1.2 1.3 SFAFT PoWEER K,a 22 30 20 18 250~{~~ 20 14 12 15 Contract Clauses for contracts with Professional Services Contractors for projects funded by Safe Drinking Water financing SAM Registration and DUNS number are required for all entities that enter into direct contracts with the recipients of Safe Drinking Water Revolving Loan funds SAM Registration: http://ww.sam.gov/portal/-publicISAM/ DUNS Number http://www.dnb.com/get-a- duns-number.html NOTE The SAM registration expires annually and must be kept active 826400152 until the SDWRL F project is closed Language to be included verbatim in contracts according to any accompanying instructions 1. Source of Funds Work under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through Business Oregon and a partnership of Local and/or Private Funds. Whistleblower (language to be included in all construction contracts and subcontracts) "Contractor receiving SDWRLF funds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L. 107-174. 29 CFR § 1614.703 (d)." 3 Non Discrimination "The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies." 4. Termination for Cause and for Convenience & Breach of Contract (language to be included in all construction contracts and subcontracts in excess of $10,000:) "Contractor shall address termination for cause and for convenience, including the manner by which it will be effected and the basis for settlement. in addition, contractor shall address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate." S. Intellectual Property (language to be included in all contracts:) "Contractor hereby grants to the U.S. E.P.A. a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes, any intellectual {property developed under this contract. Contractor shall secure from third parties the same license in the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors to perform this project, or developed under contract with the Contractor specifically to enable Contractor's obligations related to this project." 6. inspections; Information (language to be included in all construction contracts-and subcontracts:) "Contractor shall permit, and cause its subcontractors to allow [insert name of water system Owner], the State of Oregon, the federal government and any party designated by them to: (1) Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Proiect. (2) Inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested. (3) Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project. Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed." 7. Environmental and Natural Resource Laws (include the following language in all contracts and subcontracts in excess of $100,000:) "Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 8. Procurement of Recovered Materials (include the following language in all contracts and subcontracts in excess of $10,000:) "Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, including procurement of recovered materials in a manner designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247." 9. Prohibition on the Use of Federal Funds for Lobbying (Certification Regarding Lobbying form follows, for any contracts in excess of $100,000) (form follows) CERTIFICATION REGARDING LOBBYING (Awards to Contractors and Subcontractors in excess of $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that allsubrecipients shall certify and disc!ose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. WESTERN OILFIELDS SUPPLY COMPANY DBA RAIN FOR RENT Signed j David Schisler Title Director of Contracts Date -7,3(- it Purchase Order ,W4& Fiscal Year 2018 Page: 1 of: 1 7 HIS F 0 NUIL1E3EF MUST APPEAR ON ALL INVOICES, AND SHIPPING DOCUMENTS City City of Ashland _ L 20 E. ATTN: Accounts Payable Main Purchase L Ashl l1 Aand, OR 97520 Order # 2018101 T Phone: 541/552-2010 O Email: payable@ashland.or.us V S C/O Engineering Division E WESTERN OILFIELDS SUPPLY COMPANY 1 51 Winburn Way N 3404 STATE ROAD P Ashland, OR 97520 D BAKERSFIELD, CA 93308-4538 Phone: 541/488-5347 O T Fax: 541/488-6006 R O Vendor Phone Number Vendor Fax Number Requisition _ ~ti~er.... enca = Kevin Caldwell Date Ordered Vendor Number - Date Required _Erhd - ~rtmsLCoeatlnn- 09/15/2017 3598 Cit Accounts Pa able Item# = Descri tion/PartNo - Vie- E ter ed Price Pump WTP Pilot Study 1 Rain for Rent - Pump and equipment rental for the WTP Pilot 1 $11,751.2600 $11,751.26 Study. Per attached Rental Quotation and Agreement. Quotation Number: 10-059-732013 Project Account: E-201531-999 GL SUMMARY 081900 - 704200 $11,751.26 Date: Nl ' Authorized Signature PO Total $11,751.26 FORM#3 CITY OF ASHLAND REQUISITION Date of request: 6 Required date for delivery: ASAP Vendor Name Z Address, City, State, Zip 11ffl5 NF M2rx St Pnrtland OR W220 Contact Name & Telephone Number Scott Bevens 509-991-1609 Fax-Number sbevens rainforrent com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file' ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written uote or ro osal attached _(Attach co of council communication _(If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 Date El Request for by Council: (Copies on file) El State of Oregon ❑ Direct Award approve: Contract # ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington intermediate Procurement El Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ® (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: 3 Written solicitation (Date) ❑ proposals/written Date approved by Council: _ (Attach copy of council communication) ❑ Form #4, Personal Services $5K to $75K Valid until: (Date) Description of SERVICES Total Cost Pump and equipment rental for the VVTP Pilot Study, see attached agreement $11,751.26 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Per attached quote/proposal Project Number 2015-31 Account Number 081900-704200 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with-department to approve all hardware and software purchase&:- IT Director Gate Support -Yes / No By signing this requisition-form, I cmtify that the City's public contracting requirements have been satisfied. 1 ",-2 f/ \Z~ Employee: Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greate. than $25,000) Funds appropriated for current fiscal year 11Y ES ✓ NO (Equal to or greater than $5,000) Dai2s Finance Diroetk- Comments: f Form #3 - Requisition