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HomeMy Public PortalAboutResolution 2021-09-03 Expenditures from Water System Fund for Tank MixersTank Name: Blue Zone Tank Tank Volume:1,000,000 Gallons GPS: 39.9517135, -105.8005775 The objective is to provide thorough mixing of the tank to reduce water age, stagnation, and stratification. Thorough mixing not only improves water quality, it also allows for representative sampling of the tank water, and disinfectant boosting if ever needed. Purchase Quotation: Potable Water Circulation Equipment for the Town of Fraser, CO Kali Mackey, IXOM Sales and Service Dept., Dickinson, ND kali.mackey@ixom.com • 866-437-8076 Customer Objectives To: Adam Cwiklin Town of Fraser, CO 153 Fraser Ave, PO Box 370 Fraser, CO 80442 acwiklin@town.fraser.co.us, 970-726-5491 From:Dave Summerfield, Medora Corporation Regional Manager, Denver, CO dave.s@medoraco.com • 951-265-2321 Location Information Tank Name: Green Zone Tank Tank Volume: 500,000 Gallons IXOM Watercare Inc. Recommendation/System Design for this Project NOTE: For optimal ice prevention, we recommend a daily turnover of at least 15 to 20% of the tank's volume. November 22, 2021Proposal Expiration Date: Project #:11668 To meet the above objectives for tanks in Fraser, CO, we recommend the placement of two (2) GS-9-120 volt mixers, one in each tank. The minimum hatch size for this placement is 12" diameter. This unit requires 120 vAC power; which is to be provided by the customer/contractor. Performance Guarantee: These mixers will completely mix the subject tank. In continuous operation, (1) at least once per 24 hours all water temperatures within the tank shall converge to within 0.8 degrees C, and (2) at least once per 72 hours all chlorine concentrations within the tank shall converge to within 0.18 mg/l. Date:August 24, 2021 GPS: 39.9326185, -105.7772919 IXOM Watercare Inc. 3225 Hwy 22, Dickinson ND 58601 866-437-8076 • watercare@ixom.com ©2021 IXOM Watercare Inc. | www.ixomwatercare.com | 866 - 437 - 8076 | watercare@ixom.com Page 1 Choose Only One (1) of the Following: Note: Placement of the GS Series Electric mixers are well within the scope of work most cities or contractors can perform. An owners manual is provided with all machines and an 11 minute placement video may be viewed at the following link: http://www.ixomwatercare.com/GSSeries1802. Power source for the mixer and control box to be supplied by the customer/contractor. 2 GS Series Control Box with SCADA Monitoring -120v:101846 Equipment Subtotal:$19,590 Applicable Taxes: $44,493 100299 2 $160 $19,750 Option #2: Discounted Factory Delivery, Placement with On-Site Training (Startup if customer supplied power is available):$24,903 Proposal Expiration: This proposal expires in 90 days, or on the date of any new proposal for this project, whichever is sooner. Additional Options: Contractor Placement and Factory Advisory Services are available upon request, contact the Factory for pricing. Project Total Option #1: FOB Destination, cost for Freight Prepay & Add: Included Purchase Total CostEquipment Description GS-9-120v Submersible Electric Mixer with standard 75' cable and chain, top of tank roof junction box, through-tank fitting, chain grab tools, 1-5/16" hole saw, Lexel sealant, Kellem Grip and Cord Seal: Included PN Qty Equipment Delivery Time: Delivery time varies, for Equipment Only it is usually within 2-3 weeks from order date* and for Factory Placement it is usually within 8-12 weeks from order date or *after receipt of an approved submittal when required. Warranty: IXOM has the best parts and labor warranties that we are aware of in the industry. The details of the Warranty which applies to this project are either attached to this document or are available at: https://www.ixomwatercare.com/warranty Equipment Cost - GS Series Electric Mixers -to be determined - ©2021 IXOM Watercare Inc. | www.ixomwatercare.com | 866 - 437 - 8076 | watercare@ixom.com Page 2 Equipment Protection Program for GS Series Mixers: Covers beyond the warranty, replaces the mixer for Acts of God, lightning, vandalism, power problems, handling damage or any other issue. Details available at: https://www.ixomwatercare.com/gs-mix-guard-beekeeper Annual Cost: While in 5 year warranty: GS-12 $500, GS-9 $400 Annual Cost: When beyond the 5 year warranty: GS-12 $900, GS-9 $750 $725 $250 per 100' $825 per mixer Interior Chemical Injection Line 100 ft. long x 1/2" ID injection hose setup to connect to the mixer and hang loose below the hatch, does not include the tank penetration thru fitting for metals tanks. 150 feet of in-tank submersible electrical cable. GS-12: $11,910 GS-9: $8,650 Portable Disinfectant Boost System Consider when occasional on-site boosting is desired. Portable Disinfectant Boost System (designed to be installed in the back of a pickup), safe, durable chemical transfer system to boost disinfectant in potable water reservoirs. Boosting rate up to 4 gpm, one system can treat multiple tanks, approximate dimensions: 20" W x 52" L x 20" H. Air compressor (4 cfm @ 60 psi) is required to operate the air-powered diaphragm pump; air compressor not included. Brochure available upon request. $9,070 + $450 Freight Control Box with SCADA Monitoring $1,545 per mixer Mix-Guard Replacement Program Additional lengths of 3/8" Stainless Steel braided exterior chemical injection hose: priced per ft. Additional - Exterior Chemical Injection Hose $460 per fitting Chemical Injection Thru Fitting Tank penetration thru fitting for metal tanks to seal around the chemical injection hose when hose is run to the outside of the tank. GS Series Mixers - Long Cable Unit Designed for continuous monitoring and management of disinfectant residual levels. Limited maintenance, simple single-point calibration. Water Quality Monitoring includes continuous monitoring and logging of Total and Free Chlorine residual concentrations utilizing two reagent-free, low- maintenance, amperometric membrane sensors. Feed Capabilities include feed rates for bulk disinfectant chemicals. Unit produces and delivers chlorine, ammonia, and chloramine containing solutions. Adjustable concentrations and ratios. Automated and manual feed operations. Redundant flow verification. Configurable volume and frequency limits. SCADA includes control system accessed via 7” color touch- screen and tactile buttons, or remotely through Modbus protocols (RTU or TCP/IP). Digital outputs available for additional status monitoring. Data logs for various historical actions and parameters. Details available at: https://www.medoraco.com/residualHQ GS Series Mixers - Standard Unit Includes: 50 feet of 3/8" Stainless Steel braided exterior chemical injection hose with quick connect valve box. Control Box: 10" X 8" X 4" 120v GS Series Control Panel Specification: Completely assembled, NEMA 4 enclosure, Hand-Off-Auto switch, contactor for mixer control, Motor amps with run/fault indication on exterior of door, grounding lug, 120v/1ph male molded plug, and locking latch for security. SCADA: Open collector run/fault signal, 4-20 mAmp analog output signal for motor current, and a 24 VDC relay for remote on/off control of the mixer. Complete panel as shipped is UL508A certified. Options for all Mixers Motor Control Panel SCADA not included Control Panel: 8" X 6" X 4" Carlon NEMA 4X enclosure, UL listed, 2-position On/Off switch, contactor for mixer control, run indicator light, timer, grounding lug, 120v/1ph male molded plug, and locking latch for security. SCADA not included. Timer: Programmable timer for scheduling run times and duty cycles to prolong motor life. The GS-9/GS-12 mixer is rated for continuous duty, using the timer is not typically recommended. Exterior Chemical Injection Hose Kit $7.20 per ft 75 feet of in-tank submersible electrical cable. GS-12: $11,450 GS-9: $8,250 Options for GS Series Electric Mixers ResidualHQ Disinfectant Control System ©2021 IXOM Watercare Inc. | www.ixomwatercare.com | 866 - 437 - 8076 | watercare@ixom.com Page 3 This is a program that utilizes Factory Crews to service and maintain proprietary designed equipment. Details available at: https://www.medoraco.com/beekeeper General Terms & Conditions of Sale These terms and conditions (collectively, “Terms and Conditions”) govern all sales of products, equipment and services (collectively, “Goods”) agreed to be supplied by IXOM Watercare Inc (“Seller”) to any person to whom any quotation is made or who is offering to contract with the Seller (“Buyer”). The Terms and Conditions are incorporated into any order, offer, arrangement or understanding between the Seller and the Buyer (including pursuant to a quotation or letter of offer accepted by the Buyer) as well as any quotation or invoice or any other document to which they are attached (individually and collectively “Order”). All purchases by Buyer are expressly limited and conditioned upon acceptance of the Terms and Conditions and without limiting any other mode of acceptance, Buyer’s acceptance of the Goods manifests Buyer’s assent to the Terms and Conditions and the credit terms offered by Seller. Seller objects to and rejects any provision additional to or different from the Terms and Conditions that may appear in Buyer’s purchase order, acknowledgement, confirmation, writing or in any prior or later communication from Buyer to Seller, unless Seller expressly agrees to such provision in a written amendment signed by Seller. An Order together with these Terms and Conditions are herein referred to as “Contract”. 1. Prices; Taxes; Payment Terms; Default: (a) Prices for Goods and any adjustments to such prices shall be determined in accordance with Seller’s final pricing letter or offer forming part of the Contract which has been accepted by Buyer (“Price”). (b) Prices do not include any sales, use, excise, privilege, or other taxes or assessments imposed on the Goods sold hereunder and unless Buyer provides proof of exemption satisfactory to Seller, such may be added to the price of the Goods. (c) Subject to Section 1(e) and unless otherwise agreed in writing, payment terms are net 30 days from date of invoice. Payments not received when due shall incur service charges at the rate of 1.5% per month (18% per annum) until paid, compounded on a daily basis. (d) If any of the events set out in this Section 1(d)(i) through (v) below occur, Seller reserves the right, among other remedies, to delay or suspend further shipments or require full or partial cash payment in advance until all sums due have been paid. Buyer shall be liable for all costs and expenses incurred by Seller in collecting any overdue amounts, including without limitation reasonable attorneys’ fees. (i) Buyer defaults in any payments or is unable or states that it is unable to pay its debts as and when they fall due. (ii) Buyer commits an act of bankruptcy, files a voluntary petition in bankruptcy or has filed against it an involuntary petition in bankruptcy or has a trustee, receiver, liquidator, custodian, conservator, manager, controller or voluntary administrator appointed in respect of Buyer’s estate or any part of Buyer’s property or assets. (iii) Buyer passes a resolution for its winding up or enters into liquidation or has an application for winding up filed against it. (iv) Buyer makes an assignment for the benefit of its creditors. (v) Buyer experiences any analogous event having substantially similar effect to any of the events listed above. (e) Notwithstanding Section 1(a), Seller may at any time in its sole and unfettered discretion and without being under any duty or obligation to assign reasons, review, alter or terminate Buyer’s credit limit or payment terms without notice. Without limiting the generality of the foregoing, the decision of Seller shall be final and Seller accepts no liability or responsibility for any loss, howsoever arising, incurred by Buyer due to the operation of this condition. THM Removal System IXOM Service Program Effective and economical spray nozzle system that works in conjunction with a GridBee / SolarBee mixer to strip TTHM from potable water storage tanks and clearwells. Detail available at: https://www.medoraco.com/THM-VOC-reduction ©2021 IXOM Watercare Inc. | www.ixomwatercare.com | 866 - 437 - 8076 | watercare@ixom.com Page 4 4. Inspection; Acceptance: Buyer shall promptly examine the Goods for any damage or shortage or failure of the Goods to comply with the Seller’s standard sales specifications or the specifications contained in or referenced in the Contract. All claims for damage or shortage of Goods shall be deemed waived unless made in writing and received by Seller within 30 days of delivery of the Goods. If Buyer finds that any of the Goods do not comply with the specifications, Buyer may, at its option, reject that portion of the Goods that fail to comply by providing Seller with a notice made in writing and received by the Seller within 30 days of delivery of the Goods. Failure to timely deliver written notice of any such claim or rejection of the Goods within the warranty period specified in this clause 4 shall be deemed an absolute and unconditional waiver of such claim for damage or shortage or a right to reject such Goods and all claims related there to and shall constitute an unqualified acceptance of such Goods, irrespective of whether the facts giving rise to such claim shall have then been discovered or of whether use or application of the Goods shall have then taken place. 5. Returns: Returned Goods shall not be accepted unless Buyer obtains prior written approval and transportation instructions from Seller. All Goods returned to Seller must be in full containers or cases, unopened and in the same condition as when delivered. If a return is approved by Seller, Goods may be returned for exchange or credit only. Seller shall give no cash refunds for returned Goods. Approved returned Goods are subject to a restocking charge of 15% of the invoiced value of such Goods and Buyer shall pay all transportation charges. 6. Limited Warranty: (a) Subject to Section 6(e) and Section 7 below, Seller warrants title and that the Goods shall conform to Seller’s standard sales specifications in effect at the time of manufacture or the specifications agreed by the parties in writing and contained or referenced in the Order. Equipment components not manufactured by Seller which are incorporated in the Goods may, if specified elsewhere in the Contract, be subject only to warranties of Seller’s vendors and Seller hereby assigns to Buyer all such rights in such vendor’s warranties and will provide reasonable assistance in enforcing such rights. (b) Buyer is solely responsible for determining that the Goods and their specification and scope are appropriate for Buyer’s intended use. Any advice or recommendations by Seller with respect to the Goods or the use of the Goods are provided in good faith based on tests or experience believed to be reliable but such advice or recommendations are not warranted. Buyer agrees that it is responsible for ensuring that Goods that comply with the warranties in Section 6(a) are fit and suitable for its purposes, requirements, processes, plant and equipment. (c) To the maximum extent permitted by law, Seller makes no other representation or warranty of any kind, and hereby expressly disclaims all other representations or warranties, express, implied, statutory or arising from a course of dealing, usage of the trade or otherwise, including without limitation any representation or warranty as to merchantability, fitness for a particular purpose, or any other matter with respect to the goods, whether used alone or in combination with any other goods, substances processes or materials or services. 2. Service Delivery & Responsibility to Purchase: (a) Unless agreed otherwise in writing, all shipments are F.C.A. Seller’s or its sub- contractor’s warehouse. Shipping dates are estimates only and are subject to Seller’s lead time policy. Seller shall make all reasonable efforts to have Goods delivered to Buyer on or about the date or within the time frame of the Order but Seller shall not be liable for any failure or delay in delivery for any reason. Buyer is responsible for disposing of all non-returnable containers and shipping materials. (b) Purchase orders issued by Buyer and placed with Seller are irrevocable and Buyer is contractually obliged to take delivery and pay for all Goods ordered and supplied or made available by Seller pursuant to such purchase order. If Seller does not receive forwarding instructions sufficient to enable it to dispatch Goods within fourteen (14) days after notice to Buyer that such Goods are ready, Buyer shall be deemed to have taken delivery from such date and shall be obliged to pay reasonable storage charges payable on demand. Unless otherwise agreed upon by the parties in writing, if Buyer does not accept delivery or collect Goods from Seller when made available at the agreed delivery point in accordance with the Contract, Buyer also will pay Seller for SLC-7548174-2 storage costs and reimburse Seller for any demurrage, transport or futile delivery costs incurred by Seller. 3. Title; Risk of Loss or Damage: Title to and risk of loss of the Goods shall pass to Buyer upon delivery to the carrier at point of shipment. ©2021 IXOM Watercare Inc. | www.ixomwatercare.com | 866 - 437 - 8076 | watercare@ixom.com Page 5 8. Safe Storage Handling & Use; Assumption of Risk; Indemnification: Buyer acknowledges that it is familiar with the risks associated with the storage, handling and use of Goods and any waste resulting therefrom. Accordingly and notwithstanding anything to the contrary set forth in the Contract, Buyer covenants and warrants and shall ensure that (i) that it and its employees, agents, carriers and customers are familiar with and adhere to all necessary and appropriate precautions and safety measures to safely store, handle or use the Goods; (ii) it and its employees, agents, carriers and customers shall comply with all applicable Laws, including without limitation, environmental laws and regulations pertaining to the storage, handling and use of Goods; (iii) shall obtain and comply with all required permits and licenses. Seller takes no responsibility for, and Buyer assumes all risks associated with waste characterization, regulatory status and chemical composition of any product, process, material, waste or substance into which the Goods are incorporated or applied. Without limiting the foregoing, Buyer shall further ensure that all storage tanks, vessels, and pipes, hoses and valves and other components used by Buyer or its employees, agents, carriers and customers to store, handle and transfer Goods which are bulk chemicals are properly installed and maintained to prevent injury, death or loss of containment during storage, handling and transfer of such Goods. If Buyer resells or distributes Goods to third parties, Buyer assumes responsibility for ensuring that it provides detailed instructions to such third parties regarding safe storage, handling and use of those Goods and any Storage Items or packaging in which such Goods are stored. To the maximum extent allowed by law, Buyer assumes all risks and liability whatsoever for all injuries, losses and damages to persons or property or otherwise and shall indemnify, defend and hold harmless Seller and Seller’s employees and agents against all claims, damages, losses, costs, liabilities, and other expenses (including investigation and attorneys’ fees) that Seller incurs or may be obligated to pay as a result of (i) Buyer’s, its employees’, agents’, carriers’ or customers’ handling, possession, further processing, storage, use treatment, transportation, disposal, sale or other use or disposition of the Goods, whether used alone or in combination with other products, materials, substances or wastes, (ii) Buyer’s, its employees’, agents’, carriers’ or customers’ violation or alleged violation of any Law, or (iii) Buyer’s breach of any of its obligations set forth herein. (d) In the event the exclusion of some or all of such warranties under section 6(c) for certain goods subject to this contract would be illegal, any additional warranty would be limited to the warranty required by applicable law and to the extent permitted by such law, would be subject to section 6(e) and section 7, and is conditioned upon use in accordance with label directions under normal conditions reasonably foreseeable to seller with buyer assuming the risk of any use contrary to label directions, under abnormal conditions or under conditions not reasonably foreseeable to seller. (e) Seller’s sole liability and Buyer’s sole remedy for breach of warranty are specifically limited to the repair of the goods (or re-performance of services when applicable) or the cost thereof where Seller fails to perform such repair necessitate by a breach of warranty, and such liability and remedy re exclusive of all other liabilities and remedies. Should these remedies be found inadequate or to have failed of their essential purpose for any reason whatsoever, Buyer agrees that the return of the amount paid by buyer to seller for the purchase of the goods which fail to conform with the warranties set forth in section 5.7 shall be considered a fair and adequate remedy and prevent the remedies from failing of their essential purpose. 7. Limitation of Liability: (a) The liability of Seller and its affiliates to Buyer under and in connection with the Contract is limited to the price allocable to the Goods giving rise to the claim and in no event shall the cumulative liability of Seller howsoever arising, whether under warranty, contract, tort, negligence, strict liability, indemnification, defense or any other cause or combination of causes whatsoever, exceed the total payments received from Buyer under the Contract in connection with the Goods. (b) To the extent permitted by law and not withstanding any provision to the contrary in the contract, Seller shall not be liable for special, indirect, incidental or consequential damages, including without limitation, and loss of profits. Loss of business revenues, loss of capital, failure to realize expected profits or savings, overhead costs, loss by reason of service interruption or increased expense of operation, loss of goodwill, loss of reputation, loss of value in any intellectual property, damages or liquidated sums payable pursuant to other agreements or to other third parties, other economic losses, whether arising under warranty, contract; negligence (including negligent misrepresentation) or other tort, strict liability, breach of statute, indemnification, or any other cause or combination of causes, including any theories of concurrent liability arising from a duty of care by operation of law or otherwise. ©2021 IXOM Watercare Inc. | www.ixomwatercare.com | 866 - 437 - 8076 | watercare@ixom.com Page 6 9. Force Majeure: Shipments or deliveries may be totally or partially suspended or delayed by Seller during any period in which the Seller may be prevented or hindered from manufacture, delivery or supply through any circumstances outside Seller’s reasonable control or where such manufacture, delivery or supply is rendered materially more expensive by such circumstances. Circumstances beyond Seller’s reasonable control shall include, without limitation, strikes, lockouts or other labor difficulty; acts of carriers; acts of God; acts of civil or military authorities; acts or omissions of Buyer; war; riot; fire; explosion; acts of terrorism; flood; any inability to obtain or lack of any necessary or adequate materials, inputs, fuel, power, labor, equipment, containers, facilities or services on usual terms; power or water shortage; accidents or breakdowns or failures of plant or machinery or apparatus; delays, congestions or blockages at sea ports or transport depots or software, hardware or communication network; changes in applicable Laws; or any other event, whether or not enumerated herein, beyond the reasonable control of Seller that makes impractical the manufacture, transportation or shipment of the Goods or of a material or other resource upon which the manufacture, transportation or shipment of the Goods depends. Seller shall not incur any liability to Buyer in respect of such suspension. 10. Intellectual Property: Seller is the sole and exclusive owner of the Intellectual Property in the Goods and processes incorporated in such Goods, and the rights attached to that Intellectual Property. Nothing herein grants to Buyer any right, title or interest in or to any of the Intellectual Property in the Goods. Buyer shall not claim to have acquired any right, title or interest to the Intellectual Property in the Goods by virtue of purchasing Goods sold hereunder. Buyer shall not deconstruct, reverse compile or reverse engineer the Goods in any way for the purpose of deciphering or replicating the chemical composition of the Goods. As used herein, “Intellectual Property” means any intellectual or industrial property right anywhere in the world including, without limitation, any patent, patent application, utility model, copyright (including copyright in manuals, databases, and promotional materials), registered design and other design rights, unpatented secrets and innovations, confidential information, and any other rights that may subsist anywhere in the world in improvements, inventions and other manufacturing processes or technical and other information of Seller. Buyer shall not resell, distribute or supply the Goods to any third party for any reason without Seller's prior written consent. 11. Confidentiality; Entire Agreement; Amendments; Changes to Terms & Conditions: (a) All information that Buyer acquires from Seller hereunder, directly or indirectly, and all information that arises out of the sale of the Goods hereunder, concerning such Goods and/or proprietary processes involved, including information concerning Seller’s current and future business plans, information relating to Seller’s operations, know-how, and other. Seller-furnished information shall be deemed Seller’s “Proprietary Information”. Buyer shall (a) hold Seller’s Proprietary Information in strictest confidence, (b) not disclose it to others, (c) use it solely for purposes of this Agreement and (d) upon Seller’s request, either promptly deliver to Seller all such Proprietary Information that is in written, electronic or other form, including copies and summaries, or, at Seller’s option, destroy such Proprietary Information and provide Buyer certification of such destruction. The obligations under this Section shall survive the expiration or termination of the Contract. (b) The Contract constitutes the entire agreement of the parties with respect to the purchase and sale of Goods and supersedes and excludes all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of Goods, including but not limited to, those relating to the performance of Goods or results that ought to be expected from using the Goods. ©2021 IXOM Watercare Inc. | www.ixomwatercare.com | 866 - 437 - 8076 | watercare@ixom.com Page 7 12. Governing Law: The rights and duties of the parties and any dispute regarding the sale of Goods covered hereby shall be resolved according to the laws of the state of Colorado, without regard to its conflicts of law provisions. Buyer hereby agrees to submit to the non- exclusive jurisdiction of the courts in the state of Colorado. Any controversy or claim arising out of or relating to the sale of Goods or the dealings between the parties shall be settled exclusively by arbitration in Denver, Colorado by a single arbitrator pursuant to the American Arbitration Association’s Commercial Arbitration rules then in effect, and judgment upon the award shall be entered in any court having jurisdiction thereof. The prevailing party in any arbitration proceeding shall be entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief obtained. 13. Waiver: No failure to exercise nor any delay or omission in exercising any right, power or remedy by Seller operates as or constitutes a waiver. A single or partial exercise by Seller of any right, power or remedy does not preclude any other or further exercise by it of that or any other right, power or remedy. A waiver is not valid or binding on Seller unless made in writing. No failure by Seller to exercise, nor any delay or omission by Seller in exercising any right, power or remedy nor any representation made or conduct carried out by Seller under the Contract or in connection with the supply of Goods or any of them shall constitute or provide grounds for a common law or equitable estoppel. 14. Severance: If any provision of the Terms and Conditions or its application to any person or circumstances is or becomes invalid, illegal or unenforceable, the provision shall so far as possible be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down, the provision or part of it shall be deemed void and severable and the remaining provisions of the Terms and Conditions shall not in any way be affected or impaired. ©2021 IXOM Watercare Inc. | www.ixomwatercare.com | 866 - 437 - 8076 | watercare@ixom.com Page 8 Printed Name Title Project #: Option #1: Shipping Cost Prepaid & Add Option #2: Factory Delivery and Placement with On-Site Training: To order the equipment, please issue a purchase order to IXOM Watercare Inc, 3225 Hwy. 22, Dickinson, ND 58601. The purchase order can be mailed to the address above, faxed to 866-662-5052, or emailed to the home office at orderprocessing@ixom.com. A. Ixom Watercare, Inc. is a Material Supplier of portable equipment. No contracting or construction work of any type is being offered or will be performed by Ixom Watercare, Inc. at the jobsite or at any Ixom Watercare, Inc. location or factory for this project. 1) To order the materials the purchaser should use the same type of purchase order as would be used to order other materials; for example, a desk or a forklift. Please do not order the equipment quoted here with a "contractor" or "subcontractor" agreement of any sort, because Ixom Watercare, Inc. is a material supplier. 2) The US Department of Labor defines a Material Supplier, such as Ixom Watercare, Inc. and its allowable activities. All activities by Ixom Watercare, Inc. factory personnel to transport, place and start up the Ixom Watercare, Inc. portable equipment are incidental to Ixom Watercare, Inc. being a Material Supplier, and Ixom Watercare, Inc. will not perform contracting or construction work of any type for this project. This IXOM quotation should be attached to the purchase order, and the purchase order should refer to the IXOM quotation by date, and should accept the quotation in its entirety. Acceptable language on the purchase order would be " Quantity: 1. Description: "Equipment per the attached quotation from IXOM dated ____________, including all terms shown on that quotation. " If there is any language missing, or extra language in the purchase order such as a referral to specifications, then IXOM will not be able to accept the purchase order. If a purchase orders is not utilized, please sign and date below, provide billing information, and fax to 866-662-5052 or email to orderprocessing@ixom.com. Signing below acknowledges acceptance of this quotation. Please indicate which of the following options have been chosen. Proposal Date: Signature Date GS Series Mixer & Control Panel Purchase August 24, 2021 11668 Proposal Expiration Date:November 22, 2021 Subscribe here for periodic email updates & information including videos, case studies, and other valuable content from Ixom Watercare! To Accept This Quotation ©2021 IXOM Watercare Inc. | www.ixomwatercare.com | 866 - 437 - 8076 | watercare@ixom.com Page 9