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Pure Effect Proposal Liquid Vessel 040518 2 2K GAC (2) Call Direct to Caleb Osborne 714-639-7873 x 304– Email: cosborne@pureeffect.com Corporate Offices – 601 W. Valencia Dr., Fullerton, CA 92832 714-639-7873 Fax. 714-639-8530 April 5, 2018 Bid Estimate # PE0405182-CTO Mr. Evo Bergsohn South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahow, CA 96150 530-543-6204 RE: Liquid GAC Water Remediation Field Test 200gpm Mr. Bergsohn, Pure Effect, Inc. appreciates the opportunity to present this budgetary proposal for your project. We will provide South Lake Tahoe Public Utility District with 2,000lb. media vessels capable treating up to 200 gallons per minute of water/each with a maximum of 75 PSI. Initial fill of virgin coconut shell carbon: $ 5,500.00 Rental of 2 – PEL2000’s: $ 350.00 /Each / Month Includes: pressure gauges, sample ports, air relief valve and drain. Rental of 1 – 4lung bag filtration system: $ 695.00 /Each / Month Includes: pressure gauges & sample ports. Shipping and handling charge to jobsite: $ 2,995.00 Return of the Equipment: $ 3,150.00 Includes picking up the equipment but does not include loading onto the truck. Equipment must be clean and in good working order or additional charges may apply. Lead-time: 3-5 Days Lead-time starts when Notice to Proceed or Purchase Order Accepted by Pure Effect. Equipment availability based on current inventory at the time of order. FOB Fullerton, Ca. Sales tax not included. Terms are Net 30 upon approved credit Call Direct to Caleb Osborne 714-639-7873 x 304– Email: cosborne@pureeffect.com Corporate Offices – 601 W. Valencia Dr., Fullerton, CA 92832 714-639-7873 Fax. 714-639-8530 Page 2 RE: Liquid GAC Water Remediation Field Test 200gpm Exclusions/Clarifications: The following items are excluded in this proposal unless specifically stated above:any change in treatment conditions (flow rate or contaminants), any dewatering systems wells or well points, transfer or undergroundpumps, any other operating permits, sewer usage fees, fines, penalties, onsite system moves, fork lift charges, vandalism, level surface for treatment equipment, site trenching, non-aqueous treatment / disposal, treatment of water with turbidity above 500 NTU, influent & effluent piping, influent & effluent monitoring / labs, daily system operators, monitoring of system pressure, pricing for bonds, prevailing wage rates, bag filter & filtration media change-outs onsite, system backwashes, hazardous materials, bio fouling, pH adjustment, odors, noise level, unforeseen market increases such as internationally supplied granular activated carbon or other medias, fuel surcharges and any site specific licensing required for the site, OCIP, CCIP, PLP, UCIP Insurance Costs. Pure Effect will be allowed full access to treatment equipment when needed and delays in access may be billed at the listed hourly rate. Contractor will provide two week notice for demobilization. All media will be considered non-returnable when it becomes wet and all new media will have a 35% restocking fee. This information is proprietary and will not be shared with anyone other than the contractor the proposal was sent to with written permission from Pure Effect. Pure Effect’s Standard Terms and Conditions apply.Prices listed in this quotation are valid for 45 days. All pricing is considered non-prevailing wage unless otherwise specified in proposal. Rental agreement ends when the equipment is returned to Pure Effect clean and in working order. We appreciate the opportunity and look forward to working with you on this project. Please contact me if you have any questions. Respectfully submitted, Caleb Osborne Regional Sales Direct – (714) 459-4304 Cell – (714) 715-5759 cosborne@pureeffect.com Purchaser’s Agreement ______________________________ Name ______________________________ _______________ Signature Date Call Direct to Caleb Osborne 714-639-7873 x 304– Email: cosborne@pureeffect.com Corporate Offices – 601 W. Valencia Dr., Fullerton, CA 92832 714-639-7873 Fax. 714-639-8530 Pure Effect is an environmental company that rents, sells and provides services for groundwater treatment equipment and vapor remediation systems to the construction, industrial and environmental marketplaces. Our capabilities include: • Construction Dewatering Treatment • Groundwater Remediation • Storm Water Treatment • Soil Vapor Extraction • NPDES / Industrial Sewer Permitting • Sampling and Laboratory Analysis • Odor Control • Vacuum &Rebed Services • Holding Tanks and Pump Rental • Pilot Study To learn more about our equipment and services please visit www.pureeffect.com 2,000 lb. Media Vessel Call Direct to Caleb Osborne 714-639-7873 x 304– Email: cosborne@pureeffect.com Corporate Offices – 601 W. Valencia Dr., Fullerton, CA 92832 714-639-7873 Fax. 714-639-8530 Pure Effect, Incorporated’s Terms and Conditions The following terms and conditions apply to any and all sales, rentals and provision of equipment, services, goods or products designed, manufactured, distributed, leased, provided and/or sold by Pure Effect, Incorporated ("Seller") to the acquirer of the same (“Purchaser”) unless otherwise specified in a writing signed by both by the Seller and the Purchaser. Inconsistent or additional terms in any documents provided by Purchaser shall not alter these Terms and Conditions and impose no obligation on Seller. DELIVERY: Any and all goods, products and equipment (“Equipment”) sold, leased or otherwise provided by Seller are delivered Free On Board at Seller's warehouse in Fullerton, CA 92832. Availability and/or delivery dates in any quote are approximate, unless specified as binding, but any delivery is conditioned upon Seller's prompt receipt from the Purchaser of all specifications, final approved drawings, and any other details essential to the fulfillment of Purchaser's order. Upon notification of Equipment availability by Seller, Purchaser shall promptly arrange for the pick-up of the Equipment and any payment terms tied to notification of availability or delivery shall become effective. Any delay in pick-up shall incur storage fees and any storage shall be entirely at the Purchaser's risk. Unless otherwise agreed upon by Seller, Purchaser shall have the sole responsibility for choosing thecarrier and routing from Seller's warehouse to the final destination, including all costs of freight and insurance. If Seller provides any transportation services, any rates quoted are estimates only. Purchaser will be billed at Seller’s then current rates for the actual time incurred "Portal to Portal" (round trip) for each delivery/mobilization and again on each pick up/demobilization. Standard rates are for normal business hours, 7am to 5 pm on standard business days, and night, weekend and holiday rates are higher. Purchaser will pay applicable rates if Seller unable to pick up rental Equipment a scheduled because the Equipment has not been cleaned, is blocked by other equipment, is in an impassable location, or otherwise not removable by Seller's driver. In addition, the Purchaser will be responsible for, and shall continue to accrue, rental charges until the Equipment can reasonably be removed by Seller. EQUIPMENT SUITABILITY: All Equipment, whether rental or sale, is selected and sized by the specifications provided by Purchaser and changes in conditions, including influent composition, flow rates and/or other factors, may require system change(s) that may increase costs or render the Equipment unusable. Statements regarding the suitability or compatibility of any Equipment made by Seller's personnel or contained in Seller’s documentation are based upon information from material suppliers or public sources and are believed to be accurate. However, since Equipment can be affected by chemical concentrations, pH, temperature, presence of other chemicals and other factors, this information should be considered only as a general guide. Purchaser is ultimately responsible for determining the suitability of the Equipment for use its situation. LIMITED WARRANTY. Seller warrants, for the benefit of Purchaser only, that any Equipment designed and manufactured by Seller is of a professional quality consistent with generally accepted industry standards and, when installed and used in accordance with proper operating standards, will conform to the specifications agreed upon by Seller and Purchaser in all material respects and be free from defects in materials or workmanship for a period of one (1) year from the date of delivery (the “Warranty Period”). This limited warranty is void if the Equipment has been subject to misuse, tampering, neglect, accident, or unauthorized alterations or repairs. This limited warranty is void if the specifications provided by Purchaser were not accurate or the actual operating requirements or conditions are different than the information provided to Seller. Seller makes no warranty for any Equipment designed, manufactured or provided by parties other than Seller. Seller’s sole responsibility, and Purchaser's exclusive remedy for breach of this limited warranty, shall be that Seller shall, at its option, repair or replace the defective or nonconforming part(s) or component(s) of the Equipment. Any claim based on the foregoing warranty must be submitted to Seller within the Warranty Period. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY EXCLUDED OR DISCLAIMED. SELLER SHALL NOT BE RESPONSIBLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, SALES, AND TIME,), WHETHER OR NOT SELLER HAS BEEN BE ADVISED OF THE POSSIBILITY OF SUCH LOSS. SELLER EXPRESSLY EXCLUDES AND DISCLAIMS LIABILITY FOR ANY DAMAGES RESULTING FROM THE USE, OPERATION, IMPROPER APPLICATION, MALFUNCTION OR DEFECT OF ANY EQUIPMENT COVERED BY THIS LIMITED WARRANTY, EXCEPT AS SET FORTH IN THE INDEMNIFICATION PROVISIONS OF THESE TERMS AND CONDITIONS. IF SELLER IS UNABLE TO REPLACE OR REPAIR THE EQUIPMENT, THE TOTAL LIABILITY OF SELLER SHALL NOT EXCEED THE PRICE PAID FOR THE EQUIPMENT AND SELLER SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE EQUIPMENT BY THE PURCHASER. WASTE MANAGEMENT SERVICES: The only responsibility of Seller for hazardous or non-hazardous substances, waste, soils, water or debris (“Waste”) is to coordinate the pickup of Waste from the Purchaser's Call Direct to Caleb Osborne 714-639-7873 x 304– Email: cosborne@pureeffect.com Corporate Offices – 601 W. Valencia Dr., Fullerton, CA 92832 714-639-7873 Fax. 714-639-8530 site by the Purchaser’s designated transporter for transport to Purchaser’s designated treatment, storage and disposal facilities (“TSDF”). Seller has no independent discretion with regards to the selection of the TSDF or the transporter, and therefore, at no time shall the ownership of the Waste be transferred from Purchaser and/or the Waste generator to the Seller. Purchaser shall, at all times, be shall be solely responsible to obtain, maintain, and pay for any and all permits, licenses and handling fees arising or related to Purchaser and/or generator's Waste generation, transportation and disposal. SPECIALTY MEDIA: Specialty media on rental Equipment are provided at a flat rate to Purchaser and are "loaded" into vessels unless as otherwise agreed on the applicable final contract terms. All purchases of specialty media are non-refundable once delivered or otherwise provided to Purchaser and become the property of Purchaser. SET UP AND OPERATION: Any and all set up costs (which include influent and effluent lines) are the responsibility of Purchaser unless specifically included in Seller's approved bid quotation. Changes in site conditions requiring additional time will be billed at Seller's current prevailing rates, including actual labor time, materials and other costs or fees incurred. Purchaser shall provide appropriate power source for the system, including a 480/3- phase power (or generator equivalent in size) for electric submersible pumps, and one or more qualified licensed electricians to install the Equipment, including the wiring to any and all pumps, control boxes and power sources. Purchaser is responsible for satisfying all Federal and State regulations and obtaining all permits pertaining to the discharge of treated water and/or air emissions. It is the Purchaser's sole responsibility to determine that water and air quality regulations have been met and to open the system to full discharge only in compliance with such requirements. Purchaser shall provide its own on-site employees to be trained by Seller for operation of the Equipment. Purchaser acknowledges that the Equipment can range from manually operated to fully automated, butin all cases, Purchaser must check operating Equipment at least 1-2 times per every 6 hours of operation to confirm that pumps are fueled regularly (diesel pumps or generator with electric submersibles) and filter units are operating properly. Purchaser is responsible for any minor adjustments that may be necessary. Purchaser shall to pay Seller for any and all required service calls and calls for repairs, other than for inherently defective equipment-related issues, at the Seller's current prevailing rate. RENTAL PERIOD AND CALCULATION OF CHARGES: Rental charges commence upon delivery of the Equipment at the Seller's warehouse and end upon the termination of the specified rental period (day, week or month) after the Equipment is returned to Seller’s warehouse. Rental will be charged for the full specified rental period and will not be pro-rated or reduced for any early return of the Equipment. Rental charges accrue during Saturdays and Sundays and Holidays. Rental rates are for normal usage, which is an 8 hour per day shift, 40 hours a week and 160 hours a month, and operation of Equipment in excess of 8 hours per day will be billed at Seller's standard premium rates. Purchaser shall at all times, truthfully and accurately certify to Seller the time the Equipment was operated. PAYMENT: Rental charges shall be paid as specified in the applicable agreement, but all charges shall be paid in full upon return of the Equipment to Seller or within 30 days after Seller's Invoice to Purchaser, whichever occurs first. Payments for Equipment sales shall be made directly to Seller's office in accordance with the conditions stated in the applicable purchase order and, if not specified, payment shall be due as follows: 40% with purchase order, 50% upon shipment: 10% hold back for up to 30 days after delivery of Equipment. Any payment due from Purchaser that is not paid when due shall bear interest at the lesser of 1.5% per month (18% per annum), or the maximum allowed by applicable law, from the original due date until paid in full. In addition to the right to collect interest, the failure or delay in any payment due Seller shall give Seller the right to repossess the Equipment and/or terminate any further obligation or performance due from Seller. Seller shall be entitled to recover its costs and attorneys’ fees for any legal action filed to collect amounts due from Purchaser. DAMAGES AND LOSS CLAIMS: All claims by Purchaser for loss, damage and delay in transit are to be addressed directly with the carrier. Any and all claims for shortages or incorrect Equipment must be made in writing to the Seller within fifteen (15) days after receipt of Equipment. Failure to provide such notice shall constitute unqualified acceptance and waiver by the Purchaser of all claims for any andall shortages or incorrect equipment. Purchaser shall examine all Equipment upon taking possession thereof and shall inform Seller immediately in writing of any and all alleged damages and deficiencies thereto. Should Purchaser fail to timely notify Seller of any alleged Equipment defects within the initial thirty (30) days after delivery of the Equipment, such defects shall be deemed to have been waived or otherwise accepted. The possibility of subsidence occurring on property, or adjacent properties during or subsequent to dewatering operations is impossible to predict and Pure Effect will not be held liable or responsible for damages that may occur from dewatering activity. INDEMNITY/HOLD HARMLESS/DAMAGES: Purchaser acknowledges that it is solely responsible for operation of the Equipment, assumes all risks inherent in the operation and use of the Equipment, and agrees to take all necessary precaution to protect all persons and property from injury or damage while Call Direct to Caleb Osborne 714-639-7873 x 304– Email: cosborne@pureeffect.com Corporate Offices – 601 W. Valencia Dr., Fullerton, CA 92832 714-639-7873 Fax. 714-639-8530 Purchaser is in possession of the Equipment. Seller shall not be responsible to Purchaser or to any other party for any alleged losses, damages or injuries (including any loss of profits, business interruption or other special consequential damages) caused by, resulting from, or in any way connected with the Equipment, its operation or use, or any defect with respect thereto. Purchaser further agrees to defend, indemnify and hold Seller harmless from and against any at all liability, claims and damages of any kind (including attorneys' fees) for injuries or death to persons and damages to property arising out of the use, maintenance, operation, or possession of the Equipment while in Purchaser’s possession, unless caused by Seller’s sole gross negligence or willful misconduct. RETURN OF EQUIPMENT, DAMAGED & LOST EQUIPMENT: At the expiration of the rental term the Purchaser shall return the Equipment cleaned and in the same condition as when delivered to the Purchaser, reasonable wear and tear (as defined below) excepted. Purchaser is responsible for emptying and disposing of any and all used sand, gravel, carbon or other specialty media. Sand filters, cartridge filter units, tanks, pumps, pipe hose and fittings shall be emptied, rinsed, cleaned and reasonably free of all solids and liquids. Depending on the use, Purchaser may need to wash out with a high pressure hose or steam wash with detergent/solvent. In the case of specialty media Equipment rental, Seller can perform cleaning if contracted by Purchaser for such service at an additional fee. If Seller is providing cleaning services, all valves must be opened, cleaned and left in the open position for driver’s safety and Equipment must be free of fluids and/or deposits prior to pick up to allow for transportation. Purchaser will promptly provide any information as may berequired by Seller to evaluating appropriate disposal facilities for any spent media to be disposed of by Seller. Any and all spent specialty media is subjected to testing by Seller. If testing shows the characteristics of the media differs from the information provided by Purchaser, Seller reserves the right to change disposition facilities and Purchaser shall be responsible for any increased costs Seller reserves the right to charge for any repairs, cleaningor disposal not performed by Purchaser. Purchaser shall be liable for any and all damages to or loss of the equipment, including, but not limited to: (1) vacuum or pressure damage; (ii) tilting or upset due to unbalanced load; (iii) overloading; (iv) internal damage caused by adverse side effects of cargo or mixture of cargoes, cleaning solvents and/or cleaning processes undertaken by Purchaser or its agents and (v) any damage during transit to or from Purchaser, unless Seller is the transporter. In the event of any loss, destruction or damage to the Equipment, Purchaser shall promptly pay to Seller the reasonable cost of transportation, repair, and/or replacement and rental fees on the Equipment at the regular rental rate until all repairs have been completed, or the Equipment is otherwise reasonably replaced with Equipment of the same type, quality and purpose. Seller shall be under no obligation to commence repair work, or to otherwise replace the lost, damaged or destroyed Equipment until Purchaser has paid to Seller the estimated cost thereof. In the case of the total loss or destruction of any Equipment, or inability or failure to return same to Seller for any reason, Purchaser shall pay Seller the then current full replacement cost for comparable Equipment, together, with the full rental rate as specified until such Equipment is reasonably replaced. REASONABLE WEAR AND TEAR: Reasonable wear and tear of the Equipment shall mean the normal deterioration of the Equipment caused by ordinary and reasonable use on a one-shift (eight hours per day, forty hours per week) basis. The following shall not be deemed reasonable wear and tear: damage resulting from (i) lack of lubrication or maintenance of necessary oil, water and air pressure levels; (ii) lack of servicing or preventive maintenance suggested in the manufacturer's operation and maintenance manual or as recommended by the Seller; (iii) any collision, over-turning, or improper operation, including over loading or exceeding the rated capacity of the Equipment; (iv) dents, bending, tearing, staining and misalignment to or of the Equipment or any part thereof; (v) the improper installation, or otherwise unmonitored flow of water, air or power while in the possession of Purchaser, (vi) the use in excess of shifts for which such Equipment was rented and not specifically disclosed or previously reported to Seller in writing (prior to the damage); and/or (vii) use of the Equipment which is not considered ordinary and reasonable in the industry. Any and all repairs to the Equipment shall be made only by a facility approved by Seller, to the reasonable satisfaction of Seller and in a manner which will not adversely affect the operation, manufacturer's design or value of the Equipment. FORCE MAJEURE: Seller shall not be liable in damages and have the right to terminate performance if its performance is delayed or prevented by conditions beyond its control including, but not limited to acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of Seller. NOTICES: Any notices required by these Terms and Conditions or otherwise as may be required by the applicable terms of an applicable purchase order and/or by law shall be made in writing and mailed by certified or registered mail, return receipt requested or delivered by a national overnight express courier service with proof of delivery confirmation to Seller as follows: 601 W. Valencia Drive, Fullerton, CA 92832, or to any other address which Seller may otherwise particularly specify in writing and to Purchaser at the address listed on the applicable purchase order or agreement. Call Direct to Caleb Osborne 714-639-7873 x 304– Email: cosborne@pureeffect.com Corporate Offices – 601 W. Valencia Dr., Fullerton, CA 92832 714-639-7873 Fax. 714-639-8530 NON-ASSIGNABLE INTERESTS: Purchaser acknowledges that its rights and remedies provided hereunder are personal to Purchaser, and therefore no agreement, nor any goods or services provided pursuant to these Terms and Conditions, nor any part or portion may be assigned, sublicensed or otherwise transferred by Purchaser to any third party without Seller's prior written consent, except for Equipment purchased and paid for by Purchaser. SEVERABILITY: Should any provision of these Terms and Conditions or any part of any resulting agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of all other provisions will not be affected thereby. WAIVER Failure of anyparty to enforce any provision of this Agreement will notconstitute or be construed as a waiver of such provision or of the right to enforce such provision or any future right to enforce such provision. TIME Time is of the essence in the performance of the obligations under these Terms and Conditions.