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HomeMy Public PortalAboutr 23-105No. Y600 ufton of 14t j9Vr0g4 of Coax#exec, N� $� #23-105 Date of Adoption April 13 2023 RESOLUTION AUTHORIZING AN EMERGENCY PURCHASE FROM PSI PROCESS & EQUIPMENT GROUP FOR EMERGENCY SEWAGE FAILURE REPAIR WHEREAS, N.J.S.A. 40A:11-6 provides that a purchase, contractor agreement maybe made, negotiated or awarded without public advertising for bids and bidding therefore, notwithstanding that the cost of contract price will exceed the amount set in the prevailing bidding threshold, when an emergency affecting the public health, safety or welfare requires the immediate delivery of performance of services, provided: A written requisition for the performance of such work or labor, or the furnishing of materials, supplies or services is filed with the contracting agent or his deputy in charge describing the nature of the emergency, the time of its occurrence and the need for invoking this section, certified by the officer or director in charge of the department wherein the emergency occurred, or such other officer or employee as may be authorized to act in the place of said officer or director, and the contracting agent or his deputy in charge, being satisfied that the emergency exists, is hereby authorized to award a contract for said work or labor, materials, supplies or services; and WHEREAS, an emergency situation, meeting the criteria set forth above resulting from an EMERGENCY SEWAGE FAILURE REPAIR; and WHEREAS, an emergency purchase/repair was made by PSI Process & Equipment Group, P.O. Box 117, Middlesex, NJ 08846 in the amount not to exceed of $13,364.88 for said Sewage Failure Repair with regard to the Middlesex Avenue Sanitary Sewer Pump Station. NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of Carteret, does hereby authorize the payment of $13,364.88 to PSI Process & Equipment Group, P.O. Box 117, Middlesex, NJ 08846 for the emergency purchase described herein in accordance with N.J.S.A. 40A:11-6. Acct. #2-05-55-501-207 Adopted this 13n' day of April, 2023 and certified as a true copy of the original on April 14, 2023. CARMELA POGORZELSKI, RMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YGS NO NV A.B. COUNCH.MAN YTS NO NV A.B. BELLINO X JOHAL X DIAZ X KRUM X DIMASCIO NAPLES X X- Indicate Vote AB -Absent NV -Not Voting XOR- Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council April 13, 202 IUllll:ltJdl,� 1CLtl1 i,. } $ORO'UGH OE-CA.RTERET 341-3 MUNICIPAL CLERIC Pate., Auril 6, 2023 To: Patrick DeBlasio Treasurer Borough of Curterot R—V-Q4]EST FORCER'rEFICATIONOFAVAILABLE FUNDS For: RESOLUTION AUTHORIZING AN EMERGENCY PURCHASE FROM PSI_PROCGSS_& EQUIPMENT GROUP FOR EMERGE, SEWAGE FAILURE REPAIR Resolution #: #23- Name of Account: PSI PROCESS & EQUIPMENT GROUP AMOUNT TO BE ENCUMBERED; Amount not to exceed $13,M4.88 CAR MBLA I'OGORZ uLS Municipal Clerk CERTIFICATION OF AVAILABILITY OF FUNDS 1, Treasurer of the Borough of Carteret, do hereby certify that there aro suffieleut funds available In the current budget to enablo the Municipal Council to muthorize the entertng Into a Contract between the Borough of Carteret and; The flunds availablo for this contract are in (lie Budget, In the account of: 7 •-v,5 .i S \� r — 7, .'4- In the amount of-, h By this certification, I have hereby encumbered the above named account for Iho amount of the contract pending Council action. Date;, Patrick Dal3�ns� Treasurer MemcuJaIMutrlcipaDuAdiztg a 61Cooke.Avenue a Cart0et,NOW rersey07008 T& t/32-541-3800 0 pax: 732-541.8925 ® clerlcofflcegcartel'et,met vvww cacteretglgt Pogorzelski, Carmela From: Dupont, John Sent: Wednesday, April 5, 2023 3:15 PM To: Mayor Cc: Llanos, Ricardo; Pogorzelski, Carmela Subject: Sewer Emergency Attachments: QT_SQ36880.pdf, QT_SQ36542.pdf; QT_SQ39389.pdf Importance: High Mayor, I have a couple emergency issues at some of our pump stations. I am requesting your approval for emergency authorization for approximately 60K — see below John After talking to Joe A., here's our breakdown and recommendations with the attached quotes from PSI. The following quotes we should move forward with given the recommended timeline: PSI Quote#SQ36880 Middlesex PS— $4,080.84 This quote is to repair the pump that was taken out for repair. Currently, the spare pump is installed at the station. Once this repair is complete the pump will act as the spare pump for the station PSI Quote#SQ39389 Middlesex PS—$9,284.04 This quote is to replace the voltage transformer and surge protector at the station. This is needed electrical replacement work as the station is currently being bypassed electrically. The following quote should be executed ASAP as the station is in need of the grinder to be installed: PSI Quote#SQ36542 Dorothy PS — $45,627.51 The Dorothy station has a priority need of a new comminutor as the old one removed from repair is priced higher to fix than a full replacement. Please give me an update with what the Borough will be proceeding with on the above and we can assist with move the items forward with PSI. Thanks, Pete Giammona PE, CME Sr. Project Engineer A Pumping Services, Inc. 201 Lincoln Boulevard PSI M32)4 946408846 Service Quotation (732)469-0540 PROCESS Employee Owned www.psiprocess.com Electrical Contractor Bus. Permit 034EB01825300 BILL TO F002108 Borough of Carteret 61 Cook Avenue Carteret, NJ 07008 Quote # SQ39389 Quote Date 03/31/23 Date Printed 03/31/23 Page 1 of 1 SHIP TO F-Borough of Carteret Middlesex Ave PS 135 Middlesex Ave Carteret, NJ 07008 CONTACT PAYMENTTERMS JOB# INSTRUCTIONS John P. DuPont Net 30 Days Pending Approval I I PSI-019787 WRITTEN BY FREIGHT TERMS SHIP VIA Ruben Delgado FREIGHT INCLUDED OUR TRUCK -PICK-UP REQUIRED -------> Description Of Service Job A <------- Customer has failed Sole Constant Voltage Transformer and Surge Protector. This equipment needs to be replaced. -------> Solution Of Service Job A <------- PSI solution is to replace both Constant Voltage Transformer and 120vac Surge Suppressor. PSI will also Install a terminal end cover for wire terminals. We will provide the labor, material, and lifting means to install all of the above listed equipment unless otherwise noted in this proposal. We will verify that the operation of the system is correct, voltage and amperage of the related equipment is within name plate rating. Run the station through automatic mode to ensure it is operating properly. The cost of materials required during installation not listed, if applicable, is Invoiced as an addition to the quoted labor charge if not listed. LAB19 Crew (2) Prevailing Wage Regular time 8 373.0050 EA 2,984.04 Prices are valid for 15 days beyond the original quote date. Pumping Services, Inc. cannot store equipment more than one month after transmittal of our first quote. If this quote involves equipment In our shop for repair, we will contact you twice via phone and/or fax and finally once by certified letter requesting a response. Two weeks after receipt of our final letter or Its undeliverable return, Pumping Services, Inc. will dispose of the equipment at its discretion. SUBTOTAL HANDLING MISC CHARGE I TAX I FREIGHT I QUOTE TOTAL 9,284.04 0.00 0.001 0.00 1 0.001 9,284.04 Acceptance of Proposal: The preceding prices, specifications and conditions Including those on the reverse side (rev. 2004.03.09) of this page are satisfactory and hereby accepted. You are authorized to proceed. Signature Accepted By Print Name Purchase Order Number Date: I / Terms and Conditions • Rev. 2004.03.09 All orders shall be made out to Pumping Services, Inc. ("PSI") and shall be subject to acceptance by PSI. IN ADDITION TO THOSE TERMS AND CONDITIONS LISTED ABOVE, THE FOLLOWING ADDITIONAL Hereafter, PSI is sometimes referred to interchangeably as the Seller and We. The purchaser of goods and TERMS AND CONDITIONS SHALL APPLY TO RENTAL TRANSACTIONS AND A RENTAL services from PSI shall be retorted to as the Buyer and You. AGREEMENT IS UNDERSTOOD TO EXIST UNDER THE TERMS AND CONDITIONS LISTED BELOW IF EQUIPMENT IS RENTED BY BUYER REGARDLESS OF WHETHER BUYER SIGNS A SPECIFIC 1, All transactions between Buyer and Seller shall be governed solely by the terms and conditions set forth herein, which supersede any conflicting terms and candidate of Buyers purchase order, notwithstanding any statement in Buyer's purchase order to the contrary. Exceptions to any of Sellers terns and conditions must be contained In a typed statement received from the Buyer. Seller shall not be deemed to have waived any of Its terms and cendit er. or to have assented to any modification or alteration of such terms and candiffon unless such waiver or assent Is in wilting and signed by an authorized officer of Seller. No representation of any kind has been made by Seller except as set forth herein. This agreement supersedes all prior vantage and negodations with respect thereto, and Seller is obligated to fumish only the quantities and Items specifically listed on Its proposal. Seller assumes no responsibility for famishing other equipment or material shown on any plans and/or In specifications for a project. 2. Seller shall not be responsible for any delays in shipping. 3. Any claim that equipment, materials or services are unacceptable or nonconforming shell be made in writing to the Seller, within ten (10) days of the delivery of the goods or the rendering of the services, and If not so made same shall be deemed waived, and such waiver shall be deemed to bind Buyer to pay Seller the full price for such equipment, materials or services. Any statement of account sent by Seller to Buyer shall be considered correct, accepted and binding upon Bayer, except for specific objections which the Buyer makes in writing to Seller within fifteen (15) days of the date of the statement. Failure to make such timely objection In within shall be deemed an admission by Buyer that the amount set forth on the statement is due and owing to Seller and that, as of the dale of the statement, there are no set -offs, credits or counterclaims which would affect the amount of such debt. 4. Any errors In pricing or calculation are subject to correction. 5. Unless offends. noted, prices are F.O.B. shipping point. A claim for loss or damage in transit must be entered with the carrier and prosecuted by Buyer. RENTAL CONTRACT (PSI IS HEREAFTER REFERRED TO AS -LESSOR- AND BIKER AS "LESSEE°): 16. LESSEE shall not encumber the rental contract or the equipment or permit the equipment to be removed to a location other than the address shown on the contract or credit application, or permit any others to use the equipment without LESSOR'S prior written consent. 17. LESSEE agrees to property rare for the equipment and to use it within Its rated capacity, to restrict its use to LESSEE's qualified personnel who have been previously Instructed In proper equipment operation, to prohibit anyone other than LESSOR's authorized personnel to repair or adjust the equipment, and to notify LESSOR immediately of accidents, disabilities, failures or similar Information concerning the equipment LESSEE further agrees to pay for all damages to the equipment resulting from Improper use or abuse of the equipment upon receipt of Invoices therefor from LESSOR for LESSOR's cost and expense of such repair. LESSEE shall be responsible for all ordinary maintenance of the equipment, Including supplying fuel, all, grease and water and daily checking of the general condition, Including oil level, cooling system and batteries, recharging batteries, etc. LESSOR will service the equipment so as to maintain It in working condition, and LESSEE agrees to make the equipment available for such servicing by LESSOR at reasonable times during business hours. LESSEE agrees to pay the difference between the straight use and overtime use for mecheal that in performing such servicing. 18. LESSEE agrees that LESSOR shall not be liable to LESSEE or the rental contract Impugned based on LESSOR'S failure to repair the equipment I disabled or famish substitute equipment for any reason whatsoever. LESSOR shall, in no event, be liable for special or censequental damages of any nature whatsoever or however caused. 19. The equipment Is leased F.O.B. LESSOR's warehouse, and LESSEE agrees not to remove the equipment to a location other than that shown on the contract or credit application without the prior written consent of LESSOR. 6. In order to secure the obligations of Buyer to Seller, Buyer hereby grants to Seller, pursuant to Article 9 of 20. LESSEE agrees at the Nomination of the contract to return, at LESSEE's expense, the equipment to the Uniform Commercial Code, a lien upon all equipment and materials sold by Seller to Buyer. In the event LESSOWs warehouse in the same condition as when received by LESSEE, reasonable wear and her Buyer shall default In any obligation owed to Seller, Seller shall have all rights of a secured party upon excepted. default as provided for In Article 9 of the Uniform Commercial Code. Buyer agrees to execute any documents deemed necessary to Seller to perfect the security interest granted herein. 21. To the fullest extent permitted by law, LESSEE shall Indemnify and hold harmless LESSOR and all of Its agents, servants and employees from and against any and all claims, damages, loss, expenses and 7. The amount of any appnceble present or future lax or other government charge upon the production. attomeys'fessarising out of or resulting from the operation, maintenance and use of the equipment. sale, shipment or use of equipment or materials ordered or sold, serviced or rented will be added for billing unless Buyer provides Seller with an appropriate exemption certificate B. Orders, may be canceled only with the written consent of Seller and upon payment of a cancellation charge as determined by Seller. Equipment and materials may be returned only when specifically authorized and Buyer shall be charged for placing returned goods in salable condition, any sales expenses then incurred by Seller, plus a restocking charge to be culminated by Seller, and any outgoing and incoming transportation costs which Seller pays. 9. SELLER DOES NOT MAKE ANY WARRANTY AS TO MERCHANTABILITY OR AS TO FITNESS OF THE EQUIPMENT OR MATERIALS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, except that this to any goods sold by Seller Is not the subject of any lien, claim or encumbrance. 10, All sales shall be governed by the laws of the Slate of New Jersey and shall be deemed to have occurred In the Slate of Now Jersey. The Courts of the State of New Jersey shall have exclusive jurisdiction over any cause of action arising from or connected with the sale of equipment or materials or the rendering of services by Seller to Buyer hereunder. 11. Buyer hereby agrees to pay all invoices when due. Any invoice not so paid will accrue interest at the .to of one and one-half percent (1.6%) per month calculated from the date of each Invoice. If Buyer falls to pay to Seller any amount when due, then all outstanding amounts shall, without demand, become Immediately due and payable by Buyer to Seller. If, after default, the matter is referred by Seller to an attorney for collection, then, without demand, there shall be added to the amount due, allomeys' fees equal to "only percent (20%) of the balance due, plus all costs of suit, Including deposWon costs, repossessloMetaking fees, transcript costs, the cost of exper s'reports, and expert witness fees. 12. Seiler may, in its sole discretion, decline to deliver or provide equipment, marshals or services except for cash, or stop equipment or materials in transit, whenever Seller has any reasonable doubt es to Buyers ability to pay far such equipment, materials or services. Pro -rota payments shall become due with partial shipments. Where Buyer Is responsible for any delay in shipment, the date of the completion of the equipment or materials shall be the date of shipment for purposes of payment. Completed equipment and materials shall be held at Buyers cost and risk, and Buyer shall be responsible for all storage and insurance costs. 22. A) LESSEE shall provide and pay for all risk insurance against physical loss or damage to the equipment in an amount equal to the full Insurable value of the equipment. Such policies shall name LESSOR and its assigns as an additional Insured, as their interests may appear. B) LESSEE also agrees to provide and pay, at its own cost and expense, for comprehensive general liability Insurance, Including contractual liability coverage, which Insures both LESSEE and LESSOR and their agents, servants and employees for any and all claims, accidents, liability, damages, loss and expenses arising out of or in any way resulting from the operation, maintenance and use of the equipment rented under this agreement, that results In bodily Injury, sickness, disease, death or Injury to or destruction of property, Including the loss of use resulting therefrom. The Insurance herein shall be primary insurance for LESSOR and LESSEE and shall be in an amount not less than $1,000,000 combined single limit for bodily Injury or property damage. C) LESSEE shall famish LESSOR with cedificales of Insurance evidencing the coverage's set forth above, which shall provide for thirty (30) days prior mount notice by certified mall, return recelpt requested, to LESSOR of any cancellation or change reducing any such coverage. The certificates of Insurance shall specifically state that LESSOR Is an additional insured under LESSEE's policy of Insurance as reflected in Paragraphs A and B above, and that the coverage for LESSOR Is primary coverage. and not excess to or concurrent with any other insurance coverage that may be available to LESSOR. The Insurance so provided shall be effective during the period from the moment of delivery of each gem of equipment to LESSEE until the moment of return or surrender of possession of the last such item of equipment to LESSOR or his authorized representative. 23. If LESSEE falls to pay any rental or other sum payable hereunder when due or 9 LESSEE becomes subject to any state or federal insolvency, bankruptcy, receivership, trusteeship or slmliar proceeding, or if LESSEE shall default in any other term of this contact, LESSOR may immediately terminate this contract by notice in writing to LESSEE and repossess all Items of equipment wherever they may be found, but LESSEE shalt nevertheless remain liable for all sums then due. The remedies provided herein In favor of LESSOR shall not be deemed exclusive but shall be cumulative coal shall be In addition to all other remedies In LESSOR's favor existing at law or in equity. Any notice hereunder shall he deemed sufficiently given if in writing and delivered to LESSEE personalty or sent by mall addressed to LESSEE at the address set forth on the contract or credit application. 24. Any option to purchase the equipment upon any basis whatsoever given by LESSOR to LESSEE must be a separate written option duly signed by an officer of LESSOR. Unless such a written option Is actually provided to LESSEE, it Is understood that no option of any kind, wdtlen w and, has been provided. I$. Seller shall not be liable to Buyer or to any other person for any loss, damage or expense of any kind 25. An rates on gas and diesel driven equipment are based on an 8 hour day, 40 hour week, and 160 or for direct or consequential damages relative to, arising tram or caused directly or indirectly by any hour month. Overtime shall be charged by the hour atone and one-half (1112) the then applicable rates. equipment, materials or services or any supplies or accessories or the use thereof, or any deficiency, A rental month is 28 calendar days. defect or Inadequacy thereof, or any delay in delivery or installation thereof, it being agreed that the extent of Sellers liability, express or Implied, shall be limited to adjustment, repair or pads replacement as 26. Rental starts immediately upon delivery of the equipment to LESSEE at LESSOR's warehouse. provided herein. Rental ends upon return of the last Item of equipment to LESSOR's warehouse. No allowance shall be made for Sundays holidays or time In bang or for any period office the equipment may not be In actual 14. Equipment or parts manufactured by others bra famished, assembled, packaged or installed by Seller shall be repaired or replaced only to the extent of the original manufacturers warranty. Sellers warranty on rapalrefservice Is 90 days from the date of service. Seller, upon recelpt of a customer request for service or repairs under its warranty, shall, during normal working hours, make the necessary adjustment, repairs and pads replacements without charge to Buyer. Any service, repairs or parts or replacement of any equipment necessitated by loss or damage resulting from causes other than normal wear and tear to the equipment are not covered by this warranty, and shall be Invoiced to Buyer at Sellers then prevailing rates. No warranty shall apply to equipment which has been altered or repaired by anyone except Sellers authorized employees, and Seller shall not be liable in any event for alterations or repairs made by others, except those made with Its written caused. Explicitly excluded from this warranty are pump wear parts and hoses Installed in bypass pumping. 1 S. All services performed by Seller shall be charged on a time and materials basis unless a different charge Is agreed to In wilting In advance of such service. All field service Involving sewage pumps arid/or confned spaces require two servicemen. Charges for services performed shall commence when Seller begins preparations at its shop and end upon the last serviceman's retum. Travel time is billed at the same rate. Boom equipped service trucks, confined space entry, work at landfills or hazardous waste sites, mechanin and helpers, and ail rental equipment and material ubl'¢ed will be billed at Sellers then prevailing rates. All unscheduled service requested by Buyer without at least one business day's nonce shall be charged at one and one half (1112) times the Sellers then prevailing rates. There shall be a minimum charge for emergency service, which charge is subject to change without notice. Charges for emergency service commence when the servicemen leave home and and upon their remm, g applicable. use while in LESSEEk possession. All transportation or tacking charges are to be paid by LESSEE. 27. LESSEE accentuate and agrees to make a complete Inspection within 24 hours after receipt of the equipment. Any claims for defects shall be made within such 24-hour period, and 9 no such claims are made within such 24 hour period, then said equipment shall be deemed to be in good, safe and serviceable condition, and fit for its Intended uses, and LESSEE's right to make a claim for defects shall be deemed waived. 28. Neither the whole, nor any pad of the equipment hereby leased, shall be sublet, or suffered to by sublet, by LESSEE. 29. The failure by LESSOR at any one or more times to Insist upon strict performance by LESSEE of the terns and/or conditions of this agreement shall not be construed as a waiver of LESSOR's right to demand strict compliance with and performance under an terns and/or tendinous hereunder Notice of saM demand for strict compliance Is hereby waived and time is expressly made of the essence hereunder. 30. All engine driven equipment is delivered full of fuel. On return, LESSOR shall refill the machinery and LESSEE shall be responsible for payment for the fuel used at LESSOR's then prevailing rates. Pumping Services, Inc. 201 Lincoln Boulevard Middlesex, NJ 08846A PSI (732) 469A540 Service Quotation PROCESS www.psiprocess.com Electrical Contractor Bus. Permit #34EB01625300 Employee Owned BILL TO F-002108 Borough of Carteret 61 Cook Avenue Carteret, NJ 07008 Quote # SQ36880 Quote Date 03/16/22 Date Printed 03/29/23 Page 1 of 2 SHIP TO rBorough of Carteret Middlesex Ave PS 135 Middlesex Ave Carteret, NJ 07008 CONTACT PAYMENTTERMS JOB# INSTRUCTIONS Rick Finance 732-541-382 IttBt 30 Days Pending Approval PSI-017652 WRITTEN BY FREIGHT TERMS SHIP VIA Dan Sarao FREIGHT INCLUDED OUR TRUCK - PICK-UP REQUIRED Model : 30688909330 1.5" SUB GRINDER PUMP 3.8HP MP 216 208V 3PH 50' FM FLS Serial#: 3068.890-1370198 -------> Description Of Service Job A <------- ESTIMATE -------> Solution Of Service Job A <------- This quote is for the shop repair of your equipment. Please read this proposal carefully. -------> Description Of Service Job B <------- Found debris wrapped around the lower seal causing water to mix with the oil and pass through the upper seal. The cable has a cut in thermal wire and moisture inside cable jacket. The impeller and bottom plate are worn out. The mix flush valve needs to be rebuilt. -------> Solution Of Service Job B <------- Recondition pump following Pumping Services' procedures. The unit is cleaned, disassembled and estimated. Reassemble pump using parts listed. Pump is rated FM (Ex -Proof) and must have all housings measured and documented by a certified Flygt technician and approved Flygt service center to maintain FM rating. Pumping Services Inc. is an approved Flygt service center with Flygt Repair Certified Technicians Run pump in our test tank for 20 minutes to ensure that pressure output and amperage draw are within manufacturers specifications. Adjust wear parts if necessary and retest. Upon completion of tank test, the seals and windings are tested for integrity. Prepare surface of pump and paint. Pumping Services warranties this repair against defects in materials and workmanship for (3) months. Our warranty covers parts and shop labor. Service Amount 6566801 REP KIT MIX FLUSH VALVE 4910 CONSISTS OF: 1) 827379 O-RING 2) 827732 O-RING 1) 6019700 MEMBRANE 1) 6019800 MEMBRANE VESTAN 350 SUBMERSIBLE PUMP OIL GRADE 68 2 4,080.84 Continued... Pumping Services, Inc. 201 Lincoln Boulevard Middlesex, )469Nd08846A Psi Service Quotation (732) 469-0540 PROCESS www'psiprocess.Com Electrical Contractor Bus. Permit #34EB01825300 Employee Owned Quote # SQ36880 Quote Date 03116/22 Date Printed 03/29/23 Page 2 of 2 PRODUCT/DESCRIPTION I QUANTITY I PRICE I U/M I EXTENSION 6018951 1 REP KIT 3068 170 THIS REPAIR KIT CONSISTS OF THE FOLLOWING ITT FLYGT PARTS: (1) 7204507 MECHANICAL SEAL, INNER (1) 7204501 MECHANICAL SEAL, OUTER (1) 831034 O-RING KIT (1) 826207 RETAINING RING (1) 833307 UPPER BEARING (1) 833313 LOWER BEARING (1) 3128800 WASHER (1) 3128801 WASHER 6388300 1 SUCTION COVER 841793 1 GROMMET 19MM ID 35MMOD 26L 942059 50 SUBCAB 4G2.5+2X1.5MM2 6388403 1 IMPELLER 216 3068 SPARE PUMP Prices are valid for 15 days beyond the original quote date. Pumping Services, Inc. cannot store equipment more than one month after transmittal of our first quote. If this quote involves equipment in our shop for repair, we will contact you twice via phone and/or fax and finally once by certified letter requesting a response. Two weeks after receipt of our final letter or its undeliverable return, Pumping Services, Inc. will dispose of the equipment at its discretion. SUBTOTAL HANDLING MISC CHARGE I TAX FREIGHT QUOTE TOTAL 4,080.84 0.00 0.00 0.00 1 0.00 4,080.84 Acceptance of Proposal: The preceding prices, specifications and conditions Including Signature Accepted By Purchase Order Number those on the reverse side (rev. 2004.03.09) of this page are Date: / I satisfactory and hereby accepted. You are authorized to proceed. Print Name -- -- -- Rev. 2004.03.00 ADDITIONAL Terms and Council All orders shall be made out to Pumping Services, Inc. ('PSI') and shall be subject to acoeplance by PSI. Hereafter, PSI Is sometimes referred to interchangeably as the Seller and We. The purchaser of goads and services from PSI shall be referred to as the Buyer and You. 1. All transactions between Buyer and Seller shall be governed solely by the terms and conditions set forth herein, which supersede any conflicting terms and conditions of Buyer's purchase order, notwithstanding any statement in Buyers purchase order to the contrary. Excepllom to any of Sellers terms and conditions must be contained In a typed statement received from the Buyer. Setter shall not be deemed to have waived any of its terms and conditions or to have assented to any modification or alteration of such terms and conditions unless such waiver or assent is in writing and signed by an authorized officer of Seller. No representation of any kind has been made by Seller except as set forth herein. This agreement supersedes all prior writings and negotiations with respect thereto, and Seller is obligated to furnish only the quantities and Items specifically listed on He proposal. Seller assumes no responsibility for furnishing other equipment or material shown on any plans and/or in specifications for a project. 2. Seller shall not be responsible for any delays in shipping. 3. Any claim that equipment, materials or services are unacceptable or nonconforming shall be made In writng to the Seller, within ten (10) days of the delivery of the goods or the rendering of the seMces, and If not so made same shall be deemed waived, and such waiver shall be deemed to bind Buyer to pay Seller the full price for such equipment, materials or services. Any statement of account sent by Seller to Buyer shall be considered coned, accepted and binding upon Buyer, except for specific objections which the Buyer makes in woting to Seller within fifteen (15) days of the data of the statement. Failure to make such timely objection in writing shall be deemed an admission by Buyer that the amount set forth on the statement Is due and owing to Seller and that, as of the date of the statement, there are no set -offs, credits or counterclaims which would affect the amount of such debt. 4, Any errors in pricing or calculation are subject to correction. 5. Unless otherwise noted, prices are F.O.B. shipping point. A claim for loss or damage in transit must be entered with the carder and prosecuted by Buyer. 6. In order to secure the obligations of Buyer to Seller, Buyer hereby grants to Seller, pursuant to Article 9 of the Uniform Commercial Code, a lion upon all equipment and materials sold by Seller to Buyer. In the event Buyer shall default in any obligation owed to Seller, Seller shall have all rights of a secured parry upon default as provided for in Article 9 of the Uniform Commercial Code. Buyer agrees to execute any documents deemed necessary to Seiler to perfect the security, interest granted herein. 7. The amount of any applicable present or future lax or other government charge upon the production, sale, shipment or use of equipment or materials ordered or sold. serviced or rented will be added for billing unless Buyer provides Seller with an appropriate exemption certificate. a Orders may be canceled only with the written consent of Seller and upon payment of a cancellation charge as determined by Seller. Equipment and materials may be returned only when specifically authorized and Buyer shall be charged for placing returned goods In salable condition, any sales expenses then incurred by Seller, plus a restocking charge to be determined by Seller, and any outgoing and IncoMng transportation costs which Seller pays. 9. SELLER DOES NOT MAKE ANY WARRANTY AS TO MERCHANTABILITY OR AS TO FITNESS OF THE EQUIPMENT OR MATERIALS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, except that tithe to any goods sold by Seller is not the subject of any lien, claim or encumbrance. 10. All sales shall be governed by the laws of the Stale of New Jersey and shall be deemed to have occumed In the State of New Jersey. The Courts of the State of New Jersey shall have exclusive jurisdiction over any cause of action arising from or connected with the sale of equipment or materials or the rendering of services by Seller to Buyer hereunder. 11. Buyer hereby agrees to pay all invoices when due. Any invoice not so paid will accrue interest at the rate of one and one-half percent (1.5%) per month calculated from the date of each Involve. If Buyer falls to pay to Seller any amount when due, then all outstanding amounts shall, without demand, become immediately due and payable by Buyer to Seller. If, agar default, the matter is referred by Seller to an attorney for collection, than without demand, there shall be added to the amount due, attorneys' fees equal to Wanly percent (20%) of the balance due, plus all costs of suit, including deposition costs, repossesslon/retaking fees, transcript costs, the cost of experts reports, and expert witness fees. 12. Seller may, In its sole discretion, decline to deliver or provide equipment, materials or services except for cash, or stop equipment or materials in transit, whenever Seller has any reasonable doubt as to Buyers ability to pay for such equipment, materials or services. Pro -ram payments shall become due with partial shipments. Where Buyer Is responsible for any delay in shipment, the date of the completion of the equipment or materials shall be the date of shipment for purposes of payment. Completed equipment and materials shall be held at Buyers cost and risk, and Buyer shall be responsible for all storage and Insurance costs. 13. Seller shall not be liable to Buyer or to any other person for any loss, damage or expense of any kind or for direct or consequential damages relative to, arising from or caused directly, or Indirecay by any equipment, materials or services or any supplies or accessories or the use thereof, or any deffdency, defect or inadequacy thereof, or any delay in delivery or Installation thereof, it being agreed that the extent of Sellers liability, express or Implied, shall be limited to adjustment, repair or parts replacement as provided herein. 14. Equipment or pads manufactured by others but furnished. assembled, packaged or Installed by Setter shall be repaired or replaced only to the extent of the original manufacturers warranty. Sellers warranty on repairs/service is 90 days from the dale of service. Seller, upon receipt of a customer request for repairs and pans replacements without charge to Buyer. Any service, repairs or pads or replacement of any equipment necessitated by loss or damage resulting from causes other than normal were and tear to the equipment are not covered by this warranty, and shall be invoiced to Buyer at Sellers then prevailing rates. No warranty shall apply to equipment which has been altered or merited by anyone except Sellers authorized employees, and Seller shall rot be liable in any event for alterations or repairs made by others, except those made with its writer, consent. Explicitly excluded from this warranty we Pump wear pans and hoses Installed in bvoass wumno. 15. All services performed by Seller shall be charged on a time and materials basis unless a different throe is agreed to in vogue in advance of such service. Ali field service Involving sewage pumps and/or confined spaces require two (2) servicemen. Charges for services performed shall commence when Seller begins preparations at Its shop and end upon the last serviceman's return. Travel time Is billed at the same rate. Boom equipped service trucks, confined spaceentry, work at landfills or hazardous waste sites, mechanics and helpers, and all rental equipment and malarial utilized wlil be Wiled at Sellers then prevailing rates. All unscheduled service requested by Buyer without at least one business day's notice shall be charged at one and one half (11/2) times the Sailers then prevailing more. There shall be a minimum charge for emergency service, which charge is subject to change without notice. Charges for emergency service commence when the servicemen leave home and and upon their return, If applicable. IF EQUIPMENT IS RENTED BY BUYER REGARDLESS OF WHETHER BUYER SIGNS A SPECIFIC RENTAL CONTRACT (PSI IS HEREAFTER REFERRED TO AS 'LESSOR' AND BUYER AS 'LESSEE-) 16. LESSEE shall not encumber the rental contract or the equipment or pormit the equipment to be removed to a location other than the address he. on the contract or credit application, or permit any others to use the equipment without LESSOR'S prior written consent. 17. LESSEE agrees to property care for the equipment and to use it within its rated capacity, to restrict Its use to LESSEE§ qualified personnel who have been previously instructed In proper equipment operation, to prohibit anyone other than LESSOR's authorized personnel to repair or adjust the equipment, and to polity LESSOR immediately of accidents, disabilities, failures or similar information concerning the equipment LESSEE further agrees to pay for all damages to the equipment resulting from Improper use or abuse of the equipment upon receipt of invoices therefor from LESSOR for LESSOR's cost and expense of such repair. LESSEE shall be responsible for all ordinary maintenance of the equipment, Including supplying fuel, oli, grease and water and daily checking of the general condition, including oil level, cooling system and batteries, recharging batteries, etc. LESSOR will service the equipment so as to maintain it in worldng condition, and LESSEE agrees to make the equipment available for such servicing by LESSOR at reasonable gross during business hours. LESSEE agrees to pay the difference between the straight use and overtime use for mechanics time in performing such servicing. 18. LESSEE agrees that LESSOR shall not be liable to LESSEE or the rental contract Impugned based on LESSOR'S failure to repair the equipment If disabled or furnish substitute equipment for any reason whatsoever. LESSOR shall, in no event, be liable for special or consequential damages of any nature whatsoever or however caused. 19. The equipment is leased F.O.B. LESSOR's warehouse, and LESSEE agrees not to remove the equipment to a location other than that shown on the contract or credit application without the prior written consent of LESSOR. 20. LESSEE agrees at the ter, inadon of the contract to return, at LESSEE's expense, the equipment to LESSOR's warehouse in the same condition as when received by LESSEE, reasonable wear and tear excepted. 21. To the fullest extent pemdtted by law, LESSEE shall Indemnify and hold harmless LESSOR and all of its agents, servants and employees from and against any and all claims, damages, loss, expenses and attorneys' fees arising out of or resulting from the operation, maintenance and use of the equipment. 22. A) LESSEE shall provide and pay for all risk Insurance against physical loss or damage to the equipment In an amount equal to the full Insurable value of the equipment. Such policies shall name LESSOR and its assigns as an additional insured, as Inch Interests may appear. a) LESSEE also agrees to provide and pay, at its own cost and expense, for comprehensive general liability, Insurance. Including contractual liability coverage, which Insures both LESSEE and LESSOR and their agents, servants and employees for any and all claims, accidents, liability, damages, loss and expenses arising out of or in any way resulting from the operation, maintenance and use of the equipment rented under this agreement, that results in bodily Injury, sickness, disease, death or injury to or destruction of property. Including the loss of use resulting therefrom. The Insurance herein shall be primary insurance for LESSOR and LESSEE and shall be In an amount not less then $1,000,000 combined single limit for bodily Injury or property damage. C) LESSEE shall famish LESSOR with certificates of insurance evidencing the coverage's set forth above, which shall provide for thirty (30) days prior written notice by cerdfied mail, reNm receipt requested, to LESSOR of any cancellation or change reducing any such coverage. The certificates of Insurance shall specifically slate that LESSOR is an additional Insured under LESSEE's policy of Insurance as reflected in Paragraphs A and 8 above, and that the coverage for LESSOR is primary coverage, and not excess to or concurrent with any other insurance coverage that may be available to LESSOR. The Insurance so provided shall be effective during the period from the moment of delivery of each Item of equipment to LESSEE until the moment of reNm or surrender of possession of the last such Rom of equipment to LESSOR or his authorized representative. 23. If LESSEE fails to pay any rental or other sum payable hereunder when due or if LESSEE becomes subject to any state or federal Insolvency, bankruptcy, receivership, trusteeship or similar proceeding, or if LESSEE shall default in any other term of this contract, LESSOR may immediately terminate this contract by notice in writing to LESSEE and repossess all Items of equipment wherever they may be found, but LESSEE shall nevertheless remain liable for all sums then due. The manages provided herein in favor of LESSOR shall not be deemed exclusive but shall be cumulative and shall be In addition to all other remedies In LESSOR's favor existing at law or in equity. Any notice hereunder shall be deemed sufficlentiy given If in writing and delivered to LESSEE personally or sent by mall addressed to LESSEE at the address set forth on the connect or credit application. 24, Any option to purchase the equipment upon any basis whatsoever given by LESSOR to LESSEE must be a sepamte written opium duly signed by an officer of LESSOR. Unless such a written option Is actually provided to LESSEE, it Is understood that no option of any kind, written or oral, has been provided. 26. Ail rates on gas and diesel driven equipment are based on an 8 hour day, 40 hour week, and 160 hour month. Overarm shall be charged by the hour at one and one-hal((1112) the then applicable rates. A rental month Is 28 calendar days. 26. Rental tens immediately upon delivery of the equipment to LESSEE at LESSOR's warehouse. Rental ends upon return of the last item of equipment to LESSOR's warehouse. No allowance shall be made for Sundays, holidays, or time in transit, or for any period of time the equipment may not be In actual use while in LESSEE's possession. All transportation or trucking charges are to be paid by LESSEE. 27. LESSEE covenants and agrees to make a complete Inspection within 24 hours after receipt of the equipment. Any claims for defects shall be made within such 24-hour period, and 0 no such claims are made within such 24-hour period, then said equipment shall be deemed to he in good, safe and serviceable condition, and tit for He burned uses, and LESSEE's right to make a claim for defects shall be deemed waived. 28. Neither the whole, nor any part of the equipment hereby leased, shall be sublet, or suffered to by sublet, by LESSEE. 29. The failure by LESSOR at any one or more times to Insist upon strict performance by LESSEE of the terms and/or conditions of this agreement shall not be construed as a waiver of LESSOR's right to demand strict compliance with and performance under all terms and/or conditions hereunder. Notice of said demand for strict compliance Is hereby waived and time Is expressly made of the essence hereunder. 30. All engine driven equipment is delivered full of fuel. On return, LESSOR shall refill the machinery and LESSEE shall be responsible for payment for the fuel used at LESSOR's then prevailing rates.