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AG 24-045 - AG ENTERPRISE SUPPLY, INC.RETURN TO: PW ADMIN EXT: 2700 ID #: 4383 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC 11JORKS / Fleets 2. ORIGINATING STAFF PERSON: David Nelson / Jarred Larson EXT: 2534 3. DATE REQ. By. 2/26/24 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: UP -FITTING OF 482591 2023 KENWORTH CAB CHASSIS 5. NAME OFCONTRACTOR: Ag Enterprise Supply, Inc. ADDRESS: 17005 West SR 904 TELEPHONE: 509-235-2006 E-MAIL: montaaueo0aaenterorise. om FAX: 509-235-1708 SIGNATURENAME: Pete Montague TITLE:OWner 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/� UBI # , EXP._/^/ 7. TERM: COMMENCEMENT DATE: TBD ti LZ �1 �� l COMPLETION DATF:'RWJW$@@@ft 8. TOTAL COMPENSATION: $ 350,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES d NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: 13 YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: 504-1100-043-548-78-644 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 8 PROJECT MANAGER DRN 2/6/22024 6 DIVISION MANAGER JDL 2/7/2024 6 DEPUTY DIRECTOR DSW 2m24 6 DIRECTOR = - ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW DEPT KVA 2/21/2024 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING I ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: Z DATE REC' D:'�� 1 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LIC NSES, EXHIB TS TTT ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT �fQ LAW DEPT Y k JK SIGNATORY (MAYOR OR DIRECTOR) Q( CITY CLERK 7 ❑ ASSIGNED AG # AG# S ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE" I " ORIGINALS 1?020 CITY OF CITY HALL Federa I lllla 33325 8th Avenue South Y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com GOODS AND SERVICES AGREEMENT FOR UP -FITTING OF VEHICLE NO. 482591 - 2023 KENWORTH CAB CHASSIS This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Ag Enterprise Supply, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: AG ENTERPRISE SUPPLY, INC.: Pete Montague 17005 West SR 904 Cheney, WA 99004 (509) 235-2006 (telephone) (509) 235-1708 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: Jarred Larson 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2758 (telephone) (253) 835-2709 (facsimile) j arred.larson(ac ityoffederalway. com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2024 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the GOODS AND SERVICES AGREEMENT - 1 - 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date ofthis Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the .Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to GOODS AND SERVICES AGREEMENT - 2 - 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityotiederalway com complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 . Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. GOODS AND SERVICES AGREEMENT - 3 - 4/2023 CITY of CITY HALL Federal WaFeder 8th Avenue South �� Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Lim it of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which GOODS AND SERVICES AGREEMENT - 4 - 4/2023 CITY of CITY HALL Fe �� 33325 Avenue South ��. Y Federall Way, WA 98003-6325 (253) 835-7000 www atyoffederatway com sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Ifthe Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. GOODS AND SERVICES AGREEMENT - 5 - 4/2023 CITY OF F e d e r a I Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityofrederahvay com 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this -Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RC W, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assigqtment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice GOODS AND SERVICES AGREEMENT - 6 - 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] GOODS AND SERVICES AGREEMENT - 7 - 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 wmv atyo((ederatwav co IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Ji erre , Mayor DATE: AG ENTERPRISE SUPPLY, INC.: By: Ur-, C Printed Name: Calvin Barta Title: Governor DATE: � — ,� -7 -- .g 0 STATE OF WASHINGTON ) ss. COUNTY OF sFak ATTEST: 0 - 141k� Vpanie Courtney, CM 0 iry Clerk APPROVED AS TO FORM: /ZY , /� , �r J yan Call, City Attorne On this day personally appeared before me Calvin Barta, to me known to be the Governor ofAg Enterprise Supply. Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this C� 4 day of l�cs ENIFER DOUGLAS Notary's signatureOTARY PUBLIC 0210291U Notary's printed nameTOTATE OF WASHINGN Notary Pubi is in and fo he State of Washington. OMMISSION EXPIRES My commission expires ,_C,) VOVEMBER 1, 2025 GOODS AND SERVICES AGREEMENT - 8 - 4/2023 CITY OF CITY HALL Federal 1Na 33325 8th Avenue South �! Y Federal Way, WA 98003-6325 (253)835-7000 www.cdyoffederaiwav corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney AG ENTERPRISE SUPPLY, INC.: By: e4-le"Z-1 kl�— Printed Name: Calvin Barta Title: Governor DATE: oI ✓� `� STATE OF WASHINGTON ) ss. COUNTY OF S?ok-A ) On this day personally appeared before me Calvin Barta, to me known to be the Governor of Ag Enterprise Supply, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this o 4 day of r �*►�f�- f 20,9Y JENIFER DOLIGLAS' NOTARY PUBLIC #21029162 STATE OF WASHINGTON COMMISSION EXPIRES ,NOVEMBER 1, 2025� Notary's signature L� Notary's printed name iki.1% i ►x Notary Public in and forAhe State of Washington. My commission expires ,(.,t,; \/ Z , 2o2!� GOODS AND SERVICES AGREEMENT - 8 - 4/2023 CITY of CITY HALL FederaIINa 33325Avenue South f y Federall Way, WA 98003-6325 (253) 835-7000 www cilyoffederalway com EXHIBIT "A" SERVICES The Contractor shall do or provide the following: Supply and install a Hook lift Anti -Ice skid and components, Snow Plow, Palfinger T40S hook lift and hydraulic controls, Hook lift flat bed, Hook lift Sander and skid, and all components covered in the specifications, attached as Exhibit F. Per Washington State Department of Enterprise Regional Master Contract # 02818c ("Master Contract"). For further contract details see Exhibit "D," the Master Contract. 1. Hydraulic System Items 41-50 -Force America Control Package with 6100 controllers. -Direct mount hot Shaft PTO for Allison transmission -Band board style hydraulic tank -All applicable Hyd. Lines and Stucci4. Connectors -All applicable Force America control wiring 2. Hook Lift Sander Item 57-62 and Plow -Heavy duty Hook lift skid assembly -Non-contract addition including Galvanized finish, Stucci connection, hand winch with brake for raising and lowing spinner. -Henke XC2000-15 Spec 50-60 --12' Henke J plow item 57-62 including front grill modification 3_ Hook Lift Anti - Item 63-67 Ice -Option 15. 2350 Gallon skid mounted anti -icing system -Option 34 063-0171-2207SCS 450 -Non-Contracted deduction for raven control valve -Option 53. 3 lane anti -ice spray boom assembly -Option 74 Heavy Duty Hook Lift Skid -Option 80 Surge buster Baffle Ball 33/1000 Gallon -Non-contract option of SS Spray Bar in Place of mild Steel -Non-contract option of Power Coated Frame in place of Power Coated Black -non-contract option of 1850 Gallon tank in Place of 2350 4. Palfinger T40S Item is a Palfinger T40S -40,OOO1b Capacity -14'-18' container length range -Max Dump Angle 50 degrees -Duel Pickup bar height -manually adjustable -Duel Point Articulation -Single Cylinder Sliding Jib -Duel Lift Cylinder - GOODS AND SERVICES AGREEMENT - 9 - 4/2023 CITY OF Federal Way 5 1 Hook lift Flat Bed I Item 32-39. WA State Contract #02818 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www a"ffederafwaycom -Option 79 Flatbed Hook lift skid. ASE Heavy Duty Hook Load Flatbed for T40S chassis 196" L X 96" W 3/16 Diamond Tread Steel Deck. -Channel Iron cross member on 18" centers. . -Plate/Expanded Steel Head board. -Black Powder Coated Finish GOODS AND SERVICES AGREEMENT - 10 - 4/2023 CITY OF CITY HALL FederalAw4S 33325 8th Avenue South `ay Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00). 2. Method of Compensation; In consideration of the Contractor performing the Services, the City agrees to pay the Contractor the following unit - based prices as calculated from the Master Contract. Quote Description Units Unit Price Total Number 1 Hydraulic System 1 59,465.82 59,465.82 2 Hook lift Sander 1 145,949.67 145,949.67 and Plow 3 Hook Lift Anti -Ice 1 35,593.24 35,593.24 4 PalfingerT40S 1 45,000.00 45,000.00 Hook Lift Unit 5 Hook Lift Flat 1 17,500.00 17,500.00 Bed BASE BID 303,508.73 TOTAL Extra work as HR 150 per hour TBD approved by the City Quotes included as Exhibit "E", which show item numbers associated with the Master Agreement Unit Price List. GOODS AND SERVICES AGREEMENT - I 1 - 4/2023 CITY OF ,. Federal Way EXHIBIT "C" CERTIFICATE OF INSURANCE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ct"flederalway. com GOODS AND SERVICES AGREEMENT - 12 - 4/2023 AGENT-1 nP In- nib] CERTIFICATE OF LI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the If SUBROGATION IS WAIVED, subject to the terms and conditions of 1 this cer[Mcate does not confer ri hts to the certificate holder in lieu of s PRODUCER 509-525-4110 Lloyd's, Inc. PO Sox 1318 Walla Walla, WA 99362-0303 Melvin H. Gammond dy, Inc 9900,4 4BILITY INSURANCE `M71202""' °"'� 021'12024 Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES TE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed_ Te policy, certain policies may require an endorsement. A statement on rch endomemen s . AcT Melvin I•#. Garnmend PHO(AJC. o. f : 50�52v�# 10 FAX we Nq:509r523-eii�65 I AFFORtR4G COVERAGE G INSURER A; Crestbrook Insurance Complain _INSURER e ; State Cornpensatlon Insurance INsuRER F : INSURER o ` 1 . INSURER E : INSURER F .+cn, IrtvK I C 14 u IN: REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOP THE POLICY PERIOD INDICATED_ NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE SHAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I M TYPE OF INSURANCE DL URR POLICY EFF POLICY P •— POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE X occuR X '.CPP116858A 09/15/2023 09115/202, J� Stap-Gap IEMPLOYERS LIABILITY 09/15/2023 091151202, _9-Q,f1.AGGR GATELIMITAPPLIESPER: �POLICY (SECT ❑ LOG I OTHER: I AUTOMOBILE LIABILITY X . ANY AUTO �CPPI16858A 09/15/2023 09/15/202� OWNED SCHEDULED _ I AUTOS ONLY AUTHIRED OSy,I . AUTOS ONLY HAIfT (,jN�r . X UMBRELLA LIAR OCCUR EXCESS LIAB CLAIMS-►ADE CU116858A I09115/2023 09/15/2024 DED RETENTION $ 4NYPROPR;E70R1PARTNER/EXECUTIVE YIN f WORKERS COMP 874,195-00 DrF10ER,MF�M%ri EXCLUDED? .NIA iMOndatory n Hj If vas. der the —n £A,gH O culzR,= 1.000,000 I DAINAGE TO RENTED MED EXP An to ° 100,000 15.000 ' PERSONAL &AOVINJURY 11000.000 GENERAL ArcR>=cATF _ 2,000,000 P DUCTS-COMPAJPAGG 3 2,000.000 MBINEDSINGLE LIMIT S HODILY INJURY par n $ 1,Q1101000 BODIpL�Y 1I,yMyURY Per aoddenfl P9! acPd[aYWAGG il EA H OCCUR NCE $ 4,000,000 AGGREGATE 4,L1t1�11i00 - X PER OTH- E EACH A I ENT $ EL. DISEASE - EA EM .( S A fAll Risk Pro a E.I. DISEASE - P rty iCOP116858A 09/1512023 09115/2024 Replace - I Iment cost i DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) fhe City of Federal Way is included as additional insured. $10,000 de SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 8th Ave South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, WA 98003-6325 _ AUTHORIZED REPRESENTATIVE -UAL �/ ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY of CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crdy *deraAvay com EXHIBIT "D" MASTER CONTRACT GOODS AND SERVICES AGREEMENT - 13 - 4/2023 MASTER CONTRACT No. 02818 TRUCK MOUNTED SPRAYERS For Use by Eligible Purchasers By and Between STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES and AG ENTERPRISE SUPPLY, INC Dated August 1, 2018 MASTER CONTRACT No. 02818 TRUCK MOUNTED SPRAYERS This Master Contract ("Master Contract") is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("Enterprise Services") and Ag Enterprise Supply, Inc, a Washington Company ("Contractor") and is dated as of August 1st, 2018. RECITALS A. Pursuant to Legislative direction codified in RCW chapter 39.26, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish master contracts for truck mounted sprayers for general use by Washington state agencies and certain other entities (eligible purchasers). B. On behalf of the State of Washington, Enterprise Services, as part of a competitive governmental procurement, issued Invitation For Bid No. 02818 dated June 21, 2018 regarding truck mounted sprayers. C. Enterprise Services evaluated all responses to the Invitation For Bid and identified Contractor as an apparent successful bidder. D. Enterprise Services has determined that entering into this Master Contract will meet the identified needs and be in the best interest of the State of Washington. E. The purpose of this Master Contract is to enable eligible purchasers to purchase truck mounted sprayers as set forth herein. AGREEMENT Now THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows: 1. TERM. The term of this Master Contract is seventy-two (72) months, commencing August 1, 2018 and ending July 31, 2024. 2. ELIGIBLE PURCHASERS. This Master Contract may be utilized by any of the following types of entities ("Purchaser"): 2.1. WASHINGTON STATE AGENCIES. This Master Contract may be utilized by: ■ Washington state agencies, departments, offices, divisions, boards, and commission; and ■ Any the following institutions of higher education: state universities, regional universities, state college, community colleges, and technical colleges. 2.2. MCUA PARTIES. This Master Contract also may be utilized by any of the following types of entities that have executed a Master Contract Usage Agreement with Enterprise Services: MASTER CONTRACT No. 02818 2 ■ Political subdivisions (e.g., counties, cities, school districts, public utility districts); ■ Federal governmental agencies or entities; ■ Public -benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and ■ Federally -recognized Indian Tribes located in the State of Washington. 3. SCOPE —INCLUDED TRUCK MOUNTED SPRAYERS AND PRICE. 3.1. CONTRACT SCOPE. Pursuant to this Master Contract, Contractor is authorized to sell only those goods and/or services set forth in ExhibitA — Included Truck Mounted Sprayers for the prices set forth in Exhibit B — Prices. Contractor shall not represent to any Purchaser under this Master Contract that Contractor has contractual authority to sell any goods and/or services beyond those set forth in ExhibitA— Included Truck Mounted Sprayers. 3.2. STATE'S ABILITY TO MODIFY SCOPE OF MASTER CONTRACT. Subject to mutual agreement between the parties, Enterprise Services reserves the right to modify the goods and/or services included in this Master Contract; Provided, however, that any such modification shall be effective only upon thirty (30) days advance written notice; and Provided further, that any such modification must be within the scope of this Master Contract. 3.3. - PRICE ADJUSTMENT. Price Adjustments. The Contract prices are the maximum prices the Contractor may charge. Pricing shall remain firm and fixed for one (1) year from the Contract's effective date. Contractor, however, may propose price increases on an annual basis by written notice to the Contract Administrator. Price increases are to be on a pass - through basis only and must not produce a higher profit margin for Contractor than that established by original Contract pricing. Requests must include supporting documentation such as price increases at the manufacturer's level and/or other documentation of cost increases. Consideration of price increases will be at the sole discretion of the Contract Administrator. If a price increase is approved in part or in full, the resulting new Contract pricing will be implemented through a Contract Amendment. Contractor may not make Contract extensions contingent on price adjustments. 3.4. PRICE CEILING. Although Contractor may offer lower prices to .Purchasers, during the term of this Master Contract, Contractor guarantees to provide truck mounted sprayers at no greater than the prices set forth in Exhibit B — Prices for Truck Mounted Sprayers (subject to economic adjustment as set forth herein). 3.5. MASTER CONTRACT INFORMATION. Enterprise Services shall maintain and provide information regarding this Master Contract, including scope and pricing, to eligible Purchasers. 4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach. 4.1. QUALIFIED To Do BUSINESS. Contractor represents and warrants that it is in good standing and qualified to do business in the State of Washington, that it possesses and shall keep current MASTER CONTRACT NO. 02818 3 all required licenses and/or approvals, and that it is current, in full compliance, and has paid all applicable taxes owed to the State of Washington. 4.2. SUSPENSION & DEBARMENT. Contractor represents and warrants that neither it nor its principals or affiliates presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States. 4.3. QUALITY of GOODS OR SERVICES. Contractor represents and warrants that any goods and/or services sold pursuant to this Master Contract shall be merchantable, shall conform to this Master Contract and Purchaser's Purchase Order, shall be fit and safe for the intended purposes, shall be free from defects in materials and workmanship, and shall be produced and delivered in full compliance with applicable law. Contractor further represents and warrants it has clear title to the goods and that the same shall be delivered free of liens and encumbrances and that the same do not infringe any third party patent. Upon breach of warranty, Contractor will repair or replace (at no charge to Purchaser) any goods and/or services whose nonconformance is discovered and made known to the Contractor. If, in Purchaser's judgment, repair or replacement is inadequate, or fails of its essential purpose, Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees and costs. 4.4. WAGE VIOLATIONS. Contractor represents and warrants that, during the term of this Master Contract and the three (3) year period immediately preceding the award of the Master Contract, it is not determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW chapters 49.46, 49.48, or 49.52. 4.5. Pay Equality. Contractor represents and warrants that, as required by Washington state law (Laws of 2017, Chap. 1, § 147), during the term of this Master Contract for the time period of July 1, 2017 through June 30, 2019, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job -related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job -related factor or factors may include, but not be limited to, education, training, or experience, that is: consistent with business necessity; not based on or derived from a gender -based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender -based differential; and account MASTER CONTRACT No. 02818 4 for the entire differential. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within thirty (30) days, Enterprise Services may suspend or terminate this Master Contract and any Purchaser hereunder similarly may suspend or terminate its use of the Master Contract and/or any agreement entered into pursuant to the Master Contract. 4.6. PROCUREMENT ETHICS & PROHIBITION ON GIFrs. Contractor represents and warrants that it complies fully with all applicable procurement ethics restrictions including, but not limited to, restrictions against Contractor providing gifts or anything of economic value, directly or indirectly, to Purchasers' employees. 4.7. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that it is registered in Washington's Electronic Business Solution (WEBS), Washington's contract registration system and that, all of its information therein is current and accurate and that throughout the term of this Master Contract, Contractor shall maintain an accurate profile in WEBS. 4.8. STATEWIDE PAYEE DESK. Contractor represents and warrants that it is registered with the Statewide Payee Desk, which registration is a condition to payment. 4.9. MASTER CONTRACT PROMOTION; ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that it shall use commercially reasonable efforts both to promote and market the use of this Master Contract with eligible Purchasers and to ensure that those entities that utilize this Master Contract are eligible Purchasers. Contractor understands and acknowledges that neither Enterprise Services nor Purchasers are endorsing Contractors goods and/or services or suggesting that such goods and/or services are the best or only solution to their needs. Accordingly, Contractor represents and warrants that it shall make no reference to Enterprise Services, any Purchaser, or the State of Washington in any promotional material without the prior written consent of Enterprise Services. 4.10. MASTER CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Master Contract or a similar contract, is transitioned to another contractor (e.g., Master Contract expiration or termination), Contractor shall use commercially reasonable efforts to assist Enterprise Services for a period of sixty (60) days to effectuate a smooth transition to another contractor to minimize disruption of service and/or costs to the State of Washington. 5. USING THE MASTER CONTRACT — PURCHASES. 5.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order goods and/or services from this Master Contract, consistent with the terms hereof and by using any ordering mechanism agreeable both to Contractor and Purchaser but, at a minimum, including the use of a purchase order. When practicable, Contractor and Purchaser also shall use telephone orders, email orders, web -based orders, and similar procurement methods (collectively "Purchaser Order"). All order documents must reference the Master Contract number. 5.2. DELIVERY REQUIREMENTS. Contractor must ensure that delivery of goods and/or services will be made as required by this Master Contract, the Purchase Order used by Purchasers, or as otherwise mutually agreed in writing between the Purchaser and Contractor. The following apply to all deliveries: 5 MASTER CONTRACT No. 02818 (a) Contractor shall make all deliveries to the applicable delivery location specified in the Purchase Order. Such delivers shall occur during Purchaser's normal work _hours and within the time period mutually agreed in writing between Purchaser and Contractor at the time of order placement. (b) Contractor shall ship all goods and/or services purchased pursuant to this Master Contract, freight charges prepaid by Contractor, FOB Purchaser's specified destination with all transportation and handling charges included. Contractor shall bear all risk of loss, damage, or destruction of the goods and/or services ordered hereunder that occurs prior to delivery, except loss or damage attributable to Purchaser's fault or negligence. (c) All packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this Master Contract shall be identified by the Master Contract number set forth on the cover of this Master Contract and the applicable Purchaser's Purchase Order number. Packing lists shall be enclosed with each shipment and clearly identify all contents and any backorders. 5.3. RECEIPT AND INSPECTION OF GOODS AND/OR SERVICES. Goods and/or services purchased under this Master Contract are subject to Purchaser's reasonable inspection, testing, and approval at Purchaser's destination. Purchaser reserves the right to reject and refuse acceptance of goods and/or services that are not in accordance with this Master Contract and Purchaser's Purchase Order. Purchaser may charge Contractor for the cost of inspecting rejected goods. If there are any apparent defects in the goods and/or services at the time of delivery, Purchaser promptly will notify Contractor. At Purchaser's option, and without limiting any other rights, Purchaser may require Contractor to repair or replace, at Contractor's expense, any or all of the damaged goods and/or services or, at Purchaser's option, Purchaser may note any damage to the goods and/or services on the receiving report, decline acceptance, and deduct the cost of rejected goods and/or services from final payment. Payment for any goods under such Purchase Order shall not be deemed acceptance of the goods. S.4. ON SITE REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or subcontractors shall comply, in all respects, with Purchaser's physical, fire, access, or other security requirements. 6. INVOICING & PAYMENT. 6.1. . CONTRACTOR INVOICE. Contractor shall submit to Purchaser's designated invoicing contact properly itemized invoices. Such invoices shall itemize the following: (a) Master Contract No. 02818 (b) Contractor name, address, telephone number, and email address for billing issues (i.e., Contractor Customer Service Representative) (c) Contractor's Federal Tax Identification Number (d) Date(s) of delivery (e) Invoice amount; and (f) Payment terms, including any available prompt payment discounts. Contractor's invoices for payment shall reflect accurate Master Contract prices. Invoices will not be processed for payment until receipt of a complete invoice as specified herein. MASTER CONTRACT NO. 02818 6 6.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser. Payment is due within thirty (30) days of invoice. If Purchaser fails to make timely payment(s), Contractor may invoice Purchaser in the amount of one percent (1%) per month on the amount overdue or a minimum of $1. Payment will not be considered late if a check or warrant is mailed within the time specified. 6.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) days of written notice to Contractor; Provided, however, that Purchaser shall have the right to elect to have either direct payments or written credit memos issued. If -Contractor fails to make timely payment(s) or issuance of such credit memos, Purchaser may impose a one percent (1%) per month on the amount overdue thirty (30) days after notice to the Contractor. 6.4. No ADVANCE PAYMENT. No advance payments shall be made for any products or services furnished by Contractor pursuant to this Master Contract: 6.5. No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or impose any additional charges including, but not limited to, charges for shipping, handling, or payment processing. 6.6. TAXES/FEES. Contractor promptly shall pay all applicable taxes on its operations and activities pertaining to this Master Contract. Failure to do so shall constitute breach of this Master Contract. Unless otherwise agreed, Purchaser shall pay applicable sales tax imposed by the State of Washington on purchased goods and/or services. Contractor, however, shall not make any charge for federal excise taxes and Purchaser agrees to furnish Contractor with an exemption certificate where appropriate. 7. CONTRACT MANAGEMENT. 7.1. CONTRACT ADMINISTRATION & NOTICES. Except for legal notices, the parties hereby designate the following contract administrators as the respective single points of contact for purposes of this Master Contract. Enterprise Services' contract administrator shall provide Master Contract oversight. Contractor's contract administrator shall be Contractor's principal contact for business activities under this Master Contract. The parties may change contractor administrators by written notice as set forth below. Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Contractor Attn: Melanie Williams Washington Dept. of Enterprise Services PO Box 41411 Olympia, WA 98504-1411 Tel: (360) 407-9399 Email: Melanie.Williams@des.wa.goy Attn: Ryan Kuster Ag Enterprise Supply, Inc. 17005 W. SR 904 Cheney, WA 99004 Tel: (800) 782-7786 Email: kusterr@agenterprise.com Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee. MASTER CONTRACT NO.02818 7 7.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service representative (and inform Enterprise Services of the same) who shall be responsible for addressing Purchaser issues pertaining to this Master Contract. 7.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Contractor Attn: Legal Services Manager Washington Dept. of Enterprise Services PO Box 41411 Olympia, WA 98504-1411 Email: greg.tolbert@des.wa.gov Attn: Ryan Kuste_r A Enter rise Supply, Inc. 1700S W. SR 904 Cheney, WA 99004 Tel: (800) 782-7786 Email: kusterr@agenterprise.com Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, upon return receipt, or, if emailed, upon transmission to the designated email address of said addressee. 8. CONTRACTOR SALES REPORTING; VENDOR MANAGEMENT FEE; & CONTRACTOR REPORTS. 8.1. MASTER CONTRACT SALES REPORTING. Contractor shall report total Master Contract Sales quarterly to Enterprise Services, as set forth below. (a) Master Contract Sales Reporting System. Contractor shall report quarterly Master Contract sales in Enterprise Services' Master Contract Sales Reporting System. Enterprise Services will provide Contractor with a login password and a vendor number. The password and vendor number will be provided to the Sales Reporting Representative(s) listed on Contractor's Bidder Profile. (b) Data. Each sales report must identify every authorized Purchaser by name as it is known to Enterprise Services and its total combined sales amount invoiced during the reporting period (i.e., sales of an entire agency or political subdivision, not its individual subsections). The "Miscellaneous" option may be used only with prior approval by Enterprise Services. Upon request, Contractor shall provide contact information for all authorized purchasers specified herein during the term of the Master Contract. If there are no Master Contract sales during the reporting period, Contractor must report zero sales. MASTER CONTRACT No. 02818 8 (c) Due dates for Master Contract Sales Reporting. Quarterly Master Contract Sales Reports must be submitted electronically by the following deadlines for all sales invoiced during the applicable calendar quarter: MASTER CONTRACT FOR CALENDAR QUARTER ENDING SALES REPORT DUE March 31: April 30 June 30: July 31 September 30: October 31 December 31: January 31 8.2, VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management fee ("VMF") of 1.50 percent on the purchase price for all Master Contract sales (the purchase price is the total invoice price less applicable sales tax). (a) The sum owed by Contractor to Enterprise Services as a result of the VMF is calculated as follows: Amount owed to Enterprise Services = Total Master Contract sales invoiced (not including sales tax) x .0150. (b) The VMF must be rolled into Contractor's current pricing. The VMF must not be shown as a separate line item on any invoice unless specifically requested and approved by Enterprise Services. (c) Enterprise Services will invoice Contractor quarterly based on Master Contract sales reported by Contractor. Contractors are not to remit payment until they receive an invoice from Enterprise Services. Contractor's VMF payment to Enterprise Services must reference this Master Contract number, work request number (if applicable), the year and quarter for which the VMF is being remitted, and the Contractor's name as set forth in this Master Contract, if not already included on the face of the check. (d) Failure to accurately report total net sales, to submit a timely usage report, or remit timely payment of the VMF, may be cause for Master Contract termination or the exercise of other remedies provided by law. Without limiting any other available remedies, the Parties agree that Contractor's failure to remit to Enterprise Services timely payment of the VMF shall obligate Contractor to pay to Enterprise Services, to offset the administrative and transaction costs incurred by the State to identify, process, and collect such sums. The sum of $200.00 or twenty-five percent (25%) of the outstanding amount, whichever is greater, or the maximum allowed by law, if less. (e) Enterprise Services reserves the right, upon thirty (30) days advance written notice, to increase, reduce, or eliminate the VMF for subsequent purchases, and reserves the right to renegotiate Master Contract pricing with Contractor when any subsequent adjustment of the VMF might justify a change in pricing. 8.3. ANNUAL MASTER CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed annual Master Contract sales report. Such report shall include, at a minimum: 9 MASTER CONTRACT NO. 02818 Product description, part number or other Product identifier, per unit quantities sold, and Master Contract price. This report must be provided in an electronic format that can be read by MS Excel. 9. RECORDS RETENTION & AUDITS. 9.1. RECORDS RETENTION. Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Contract and orders placed by Purchasers under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall retain such records for a period of six (6) years following expiration or termination of this Master Contract or final payment for any order placed by a Purchaser against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. 9.2. AUDIT. Enterprise Services reserves the right to audit, or have a designated third party audit, applicable records to ensure that Contractor has properly invoiced Purchasers and that Contractor has paid all applicable contract management fees. Accordingly, Contractor shall permit Enterprise Services, any Purchaser, and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Contract or orders placed by a Purchaser under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following expiration or termination of this Master Contract or final payment for any order placed by a Purchaser against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. 9.3, OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments inconsistent with the terms of this Master Contract or orders, at a rate of 125% of such overpayments, found as a result of the examination of the Contractor's records; and (b) reimburse Enterprise Services for any underpayment of fees, at a rate of 125% of such fees found as a result of the examination of the Contractor's records (e.g., if Contractor underpays the Vendor Management Fee by $500, Contractor would be required to pay to Enterprise Services $500 x 1.25 = $625). 10. INSURANCE. 10.1. REQUIRED INSURANCE. During the Term of this Master Contract, Contractor, at its expense, shall maintain in full force and effect the insurance coverages set forth in Exhibit C — Insurance Requirements. 10.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, Enterprise Services may terminate this Master Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from Contractor. In addition, Contractor waives its immunity under RCW Title 51 to the extent it is required to indemnify, defend, and hold harmless the State of Washington and its agencies, officials, agents, or employees. MASTER CONTRACT No. 02818 10 11. CLAIMS. 11.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes Sole responsibility and all risks of personal injury or property damage to itself and its employees, agents, and Contractors in connection with Contractor's operations under this Master Contract. Enterprise Services has made no representations regarding any factor affecting Contractor's risks. Contractor shall pay for all damage to any Purchaser's property resulting directly or indirectly from its acts or omissions under this Master Contract, even if not attributable to negligence by Contractor or its agents. 11.2. THIRD -PARTY CLAIMS; INDEMNITY. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless Enterprise Services and any Purchaser and their employees and agents from and against all claims, demands, judgments, assessments, damages, penalties, fines, costs, liabilities or losses including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees (collectively claims) arising from any act or omission of Contractor or its successors, agents, and subcontractors under this Master Contract, except claims caused solely by Enterprise Services or any Purchasers' negligence. Contractor shall take all steps needed to keep Purchaser's property free of liens arising from Contractor's activities, and promptly obtain or bond the release of any such liens that may be filed. 12. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Master Contract efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In -the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior manager of each organization to attempt to resolve the dispute. In the event the parties cannot agree, either party may resort to court to resolve the dispute. 13. SUSPENSION & TERMINATION; REMEDIES. 13.1_ SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's operations under this Master Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services' reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor's rights under this Master Contract. All of Contractor's obligations to Enterprise Services and Purchasers survive termination of Contractor's rights under this Master Contract, until such obligations have been fulfilled. 13.2. DEFAULT. Each of the following events shall constitute default of this Master Contract by Contractor: (a) Contractor fails to perform or comply with any of the terms or conditions of this Master Contract including, but not limited to, Contractor's obligation to pay contract management fees when due; (b) Contractor breaches any representation or warranty provided herein; or MASTER CONTRACT NO. 02818 11 (c) Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary. 13.3. REMEDIES FOR DEFAULT. (a) Enterprise Services' rights to suspend and terminate Contractor's rights under this Master Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Master Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement — e.g., the cost of the competitive procurement. 13.4. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary, the parties agree that in no event shall any party or Purchaser be liable to the other for exemplary or punitive damages. 13.5. GOVERNMENTAL TERMINATION. (a) Termination for Withdrawal of Authority. Enterprise Services may suspend or terminate this Master Contract if, during the term hereof, Enterprise Services' procurement authority is withdrawn, reduced, or limited such that Enterprise Services, in its judgment, would lack authority to enter into this Master Contract; Provided, however, that such suspension or termination for withdrawal of authority shall only be effective upon twenty (20) days prior written notice; and Provided further, that such suspension or termination for withdrawal of authority shall not relieve any Purchaser from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such suspension or termination for withdrawal of authority, neither Enterprise Services nor any Purchaser shall have any obligation or liability to Contractor. (b) Termination for Convenience. Enterprise Services, for convenience, may terminate this Master Contract; Provided, however, that such termination for convenience must, in Enterprise Services' judgment, be in the best interest of the State of Washington; and Provided further, that such termination for convenience shall only be effective upon sixty (60) days prior written notice; and Provided further, that such termination for convenience shall not relieve any Purchaser from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such termination for convenience, neither Enterprise Services nor any Purchaser shall have any obligation or liability to Contractor. 13.6. TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient suspension or termination. Accordingly, Contractor shall deliver to Purchasers all goods and/or services that are complete (or with approval from Enterprise Services, substantially complete) and Purchasers shall inspect, accept, and pay for the same in accordance with this Master Contract and the applicable Purchase Order. Unless directed by Enterprise Services to the MASTER CONTRACT No. 02818 12 contrary, Contractor shall not process any orders after notice of suspension or termination inconsistent therewith. 14. GENERAL PROVISIONS. 14.1. TIME IS OF THE ESSENCE. Time Is Of the essence for each and every provision of this Master Contract. 14.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. 14.3. INTEGRATED AGREEMENT. This Master Contract constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. 14.4, AMENDMENT OR MODIFICATION. Except as set forth herein, this Master Contract may not be amended or modified except in writing and signed by a duly authorized representative of each party hereto. 14.5. AUTHORITY. Each party to this Master Contract, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Master Contract and that its execution, delivery, and performance of this Master Contract has been fully authorized and approved, and that no further approvals or consents are required to bind such party. 14.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Master Contract. Neither party is an agent of the other party nor authorized to obligate it. 14.7. ASSIGNMENTS. Contractor may not assign its rights under this Master Contract without Enterprise Services' prior written consent and Enterprise Services may consider any attempted assignment without such consent to be void; Provided, however, that, if Contractor provides written notice to Enterprise Services within thirty (30) days, Contractor may assign its rights under this Master Contract in, full to any parent, subsidiary, or affiliate of Contractor that controls or is controlled by or under common control with Contractor, is merged or consolidated with Contractor, or purchases a majority or controlling interest in the ownership or assets of Contractor. Unless otherwise agreed, Contractor guarantees prompt performance of all obligations under this Master Contract notwithstanding any prior assignment of its rights. 14.8. BINDING EFFECT; SUCCESSORS & ASSIGNS. This Master Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 14.9. PUBLIC INFORMATION. This Master Contract and all related documents are subject to public disclosure as required by Washington's Public Records Act, RCW chapter 42.56. 14.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED TRUCK MOUNTED SPRAYERS. Contractor irrevocably assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws in connection with any goods and/or services provided in Washington for the purpose of carrying out the Contractor's obligations under this Master Contract, including, at Enterprise MASTER CONTRACT No. 02818 13 Services' option, the right to control any such litigation on such claim for relief or cause of action. 14.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase goods and/or services pursuant to this Master Contract, such Purchaser shall specify, with its order, any applicable requirement or certification that must be satisfied by Contractor at the time the order is placed or upon delivery. 14.12. SEVERASILITY. If any provision of this Master Contract is held to be invalid or unenforceable, such provision shall not affect or invalidate the remainder of this Master Contract, and to this end the provisions of this Master Contract are declared to be severable. If such invalidity becomes known or apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt to amend such prevision as nearly as possible to be consistent with the intent of this Master Contract. 14.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or to notify the other party in the event of breach, shall not release the other party of any of its obligations under this Master Contract, nor shall any purported oral modification or rescission of this Master Contract by either party operate as a waiver of any of the terms hereof. No waiver by either party of any breach, default, or violation of any term, warranty, representation, contract, covenant, right, condition, or provision hereof shall constitute waiver of any subsequent breach, default, Or violation of the same or other term, warranty, representation, contract, covenant, right, condition, or provision. 14.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth in or otherwise made pursuant to this Master Contract shall survive and remain in effect following the expiration or termination of this Master Contract, Provided, however, that nothing herein is intended to extend the survival beyond any applicable statute of limitations periods. 14.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Master Contract shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules. 14.16. JURISDICTION & VENUE. In the event that any action is brought to enforce any provision of this Master Contract, the parties agree to submit to exclusive in personam jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington. 14.17. ATTORNEYS' FEES. Should any legal action or proceeding be commenced by either party in order to enforce this Master Contract or any provision hereof, or in connection with any alleged dispute, breach, default, or misrepresentation in connection with any provision herein contained, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred in connection with such action or proceeding, including costs of pursuing or defending any legal action, including, without limitation, any appeal, discovery, or negotiation and preparation of settlement arrangements, in addition to such other relief as may be granted. 14.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Master Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives -- - — — -- — — 14 MASTER CONTRACT No. 02818 and purposes of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Master Contract. Each term and provision of this Master Contract to be performed by either party shall be construed to be both a covenant and a condition. 14.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Master Contract, the parties shall each do whatever may reasonably be necessary to accomplish the transactions contemplated in this Master Contract including, without limitation, executing any additional documents reasonably necessary to effectuate the provisions and purposes of this Master Contract. 14.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Master Contract in their entirety. 14.21. CAPTIONS & HEADINGS. The captions and headings in this Master Contract are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Master Contract nor the meaning of any provisions hereof. 14.22. ELECTRONIC SIGNATURES. A signed copy of this Master Contract or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Master Contract or such other ancillary agreement for all purposes. 14.23. COUNTERPARTS. This Master Contract may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Master Contract at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Master Contract. EXECUTED as of the date and year first above written. STATE OF WASHINGTON AG ENTERPRISE SUPPLY, INC. Department of Enterprise Services a Washington Company By; McCanr'e lUiaws By: Melanie Williams Rya Kuster Its: Contracts Specialist Its: Parts/ Manufacturing Manager MASTER CONTRACT NO. 02818 EXHIBIT A INCLUDED TRUCK MOUNTED SPRAYERS 1. Contractor must include the factory and/or manufacturer's one-year warranty, which shall cover 100% parts and labor for the entire unit. 2. During warranty period the Contractor may, upon notification of a warranty failure, authorize the Purchaser to make warranty repairs when it advantages to the Purchaser and the Contractor. The Contractor shall reimburse Purchaser for all costs associated with the warranty repair. 3. Should the Purchaser be authorized to make such warranty repairs, the Contractor agrees to fully reimburse for all parts, materials, labor, shipping and travel costs. Purchaser shall provide Contractor with a detailed invoice, and Contractor agrees to remit payment within thirty (30) days after receipt of invoice. 4. During the warranty period, Contractor must begin physical repairs on equipment failures within 72 hours of being notified by the Purchaser, 5. Contractor must provide technical support and reasonable equipment modifications for a period of 40 calendar days after the date the equipment is reported in service per manufacturer and/or factory warranty requirements. 6. Contractor shall provide on -site instructor(s) to conduct eight (8) hours of operator training and eight (8) hours of repair technician training per unit delivered. Training sessions shall include, but not be limited to: a. Training will include all aspects related to the spray unit and other components added or modified by AG Enterprise Supply, Inc. b. Operator training designed to familiarize personnel with the controls, safety features, operating characteristics and operator checks and services. c. Mechanic training shall be designed to familiarize service and repair technicians with preventative maintenance checks and services, system diagnostics procedures, repairs, adjustments, and any unique requirements associated with the entire unit. d. All training shall be scheduled and coordinated with the ship to addressee. Coordination will include dates, times, location, number of students per session, number of sessions required, facilities and training equipment and material. e. Individuals conducting training sessions must have a minimum of one-year experience in the performance, maintenance, and repair of the unit or be a factory/manufacturer certified trainer. f. On -site supervisors or managers will evaluate training sessions to determine if it was adequate. If training is deemed inadequate, the Contractor will provide additional training sessions at no cost to the Purchaser. 7. Covers: All caps and covers that must be removed in order to perform daily to bi-weekly preventative maintenance, other scheduled warranty service, or maintenance recommended by the Contractor, must be secured to the unit by a chain or other device. 8. Equipment shall be new (unused) and a current production model that requires no manufacturer or 16 MASTER CONTRACT No. 02818 dealership modifications. 9. All accessories and features shall be those supplied by the Original Equipment Manufacturer (OEM). 10. Any accessories, features, or operational performance required by FMVSS, Washington State Motor Vehicle Laws, OSHA or WSHA Laws or mandates that apply to the equipment shall be provided by the manufacturer. 11. All units shall be of the same design and quality as those sold through normal retail channels and shall possess the latest technology, accessories, and features offered on standard retail units. 12. Unit shall meet all Washington State Bridge laws in a fully loaded condition. 13. Purchaser will drop ship cab and chassis for installation of the sprayer. 14. Contractor will be responsible for liaison with the chassis dealer to ensure proper chassis component location, the required wheelbase and cab to axle measurements. 15. All units will have a self-contained eyewash shall be installed. 16. All units shall be equipped with a low-pressure nine to ten gallon potable water tank for hand washing. 17. Each unit shall be delivered with an operator's manual. 18. Contractor shall supply a,service and Parts Manual for each unit. 19. The operator(s) station(s), including safety devices, controls, and gauges shall be accessible, readable, and visible to the operator without distracting from the safe operational requirements of the equipment. 20. Visibility of the work area, road, etc. shall be unobstructed and provide for safe operation. 21. All hoses, pipes, and plumbing connections shall have either retained covers, quick disconnects, or protective caps. 22. Hose, Wire and Tube Routing shall not impede normal maintenance and adjustment of the unit. Hoses, wires and tubes shall be securely and neatly positioned. Kinks in hoses, wires, and/or tubing are not acceptable. 23. Hydraulic Systems containing hydraulic fluid shall not be installed in the cab. 24. Hydraulic symbols on schematics shall be interpreted per ANSI Y32.10 25. Hydraulic leaks are not acceptable. A leak is defined as any fluid flow larger than one (1) drop in four (4) hours. 26. All components installed in the hydraulic system shall be free of contamination and flushed out or cleaned, if necessary. 27. The bend radii of hoses shall not be less than the manufacturers' recommended minimums. 28. Hoses shall be routed no closer than six (6) inches from exhaust components or other heat sources unless proper shielding is provided. 29. Hoses shall not come in contact with moving parts. 30. Hoses shall be clamped to supporting structures at intervals not exceeding sixty (60) hose diameters. Clamps 17 MASTER CONTRACT No. 02818 shall be Beranger style or equal cushion clamps. 31. Hydraulic hoses shall NOT be bundled together using "wire ties". 32. Fittings shall be steel thirty-seven (37) degrees flare type on all pressure lines where practical. Flat -faced "O" ring seal type fittings are acceptable. 33. Hoses shall not be routed through holes or across sharp edges without protecting from being chafed or cut. 34. Hoses shall be of sufficient length to prevent stretching, distortion, and disconnecting. 35. Pipe -fittings shall not be used on the pressure side of any hydraulic unit. A Teflon sealant shall be used on pipe threads. Sealant shall be used sparingly and not contaminate the hydraulic system. 36. All hydraulic components shall be rated for working pressures to exceed system operating pressures and have a minimum of 1-1/2 times the system operating pressure. 37. All hydraulic quick disconnects shall be equipped with protective covers that are retained by the coupling with a chain, wire cable or similar device. 38. All wire shall be un-tinned stranded copper with cross -linked polyethylene insulation. 39. Wires shall be color -coded. Wire runs and color -coding shall be continuous and terminate within a 40. weatherproof junction box or weather pack connectors. Unless otherwise specified, and except for multi -terminal connectors, solderless terminals shall be used for all connections. Solder all ring terminals on ten (10) AWG and smaller wires shall be insulated. 41. insulated ring terminals shall meet military specification. Military spec ring terminals have an extra copper sleeve around the terminal barrel that improves the holding force and reduces corrosion. 42. Butt splices shall have moisture barriers and integral polyolefin heat shrinkable sleeves. Heat shrink tubing over non -sealed butt splices is not acceptable. 43. Insulation -piercing connectors (scotch locks) shall not be used. 44. Wires shall be protected by looms, sleeving, and grommets. 45. Wire bundles shall be routed away from moving parts and hot components. 46. Wires shall not be bundled with any electrical wiring or components. 47. Plastic wire ties shall be black ultraviolet -protected. 48. All chassis/body combination units shall have a separate grounding strap installed from the body to the chassis. 18 MASTER CONTRACT No. 02818 49. Wire routing shall ensure that the following requirements are met: a. Wires shall not be routed closer than six (6) inches to exhaust components or other heat sources, unless they are shielded. b. Wires shall not come in contact with moving parts. c. Wires and wire harnesses shall not be routed through holes or across sharp edges without protecting from being chafed or cut. 50. Distortion of assembled parts is not acceptable. All welds will have proper penetration and be relatively uniform in appearance. 51. All welds shall provide a metal -to -metal bond, using proper flux and/or welding materials. 52. Continuous welds shall be used wherever possible and practical. 53. The complete spray unit shall be chassis mounted. 54. The body shall have a full width cab guard. 55. A two-inch square metal mesh will be used on the area of the cab guard covering the rear window. In places where visibility is not needed, the guard may be solid. 56. The rear of the platform where the chemical tanks are located shall be removable to include all the tank agitation systems, injection pumps, tanks and various hardware. 57. All electrical and hydraulic connections will be a quick disconnect style. 58. Shall provide each of the following capacity units: a. 500-Gallon b. 1,000 Gallon c. 1,600 Gallon d. 2,350 Gallon 59. Shall have an elliptical shape. 60. Shall be constructed of polypropylene. 61. Shall have two baffles equally spaced in the tank. Surge baffles or baffle balls are acceptable. 62. Shall have a standard 2-1/2" hydrant fill system. 63. Shall have 25' of flat laying hydrant hose with connection adapters and hydrant wrench. 64. Tank drain shall be positioned for easy access and to accommodate drainage of the chemical tanks and plumbing. - - - -JI 65. System shall have a 6" anti -syphon air gap, fill line can -lock, and a ball valve at the hydrant connection point. 66. Shall have a view type sight gauge molded into the tank that is calibrated in 50-gallon increments. 67 Shall have an 8" diameter manhole with sealable top and a manhole ladder - 19 MASTER CONTRACT No. 02818 68. Tank shall have a bypass agitation system capable of mixing and suspending wettable powders. 69. Shall be a jet type agitator with no mechanical parts. 70. Perforated tubes are not acceptable. 71. Jet nozzles shall be positioned in such a way to ensure full agitation of the tank material. 72. Shall have a hydrant type 2 1/2inch NST female swivel located on the pressure side of the water pump and prior to the nozzle. This shall be controlled by a 2 inch 3 piece ball valve on the receiving end. 73. The bottom of the carrier tank shall have a five -inch wide flat areas running full length to include a six-inch sump to provide full drainage of the tank. 74. All main tank mounting hardware, straps, saddles, nuts, bolts washers etc. shall be stainless steel, powder coated or galvanized. 75. The unit shall be equipped with a nine or ten-gallon potable water tank, equipped with a spray wand. This tank will be used to flush the outside of the spray unit to include the ability to wash hands and various equipment. 76. Shall have one, cone bottom, polyethylene tank with 70-gallon capacity. 77. Shall have two, cone bottom, polyethylene tanks with 30-gallon capacity. 78. Shall be jet agitated, have a remote on/off control switch. 79. Each chemical tank shall have a jet agitation system capable of constantly recirculating and mixing the product. 80. Each chemical tank shall have a dedicated pump. The pumps shall be capable of loading, unloading, or agitating its dedicated tank simultaneously with the other pumps. Each system shall include a dry disconnect with a maximum drippage of .135 mi. when disconnected. Cam lock fittings are unacceptable. 81. Each chemical tank shall be plumbed with check valves, and manually operated valves to prevent back flowing into the chemical and water tanks. 82. Tanks shall be mounted to allow filling and servicing, from the ground. 83. Tanks, associated valves and plumbing shall be supported to prevent flexing and abnormal wear. 84. All tanks to include the main carrier tank shall be equipped with an in -line shut off valve, to stop the flow of material down line. 85. All tanks associated with this unit shall be sealed, to prevent leakage of any type. In addition, no bolt holes shall be drilled in any tank for the attachment of the tank to the platform. 86. Pump shall be able to accomplish the functional requirements of the entire unit bid. A Hypro manufactured pump shall be utilized or equivalent. 87. The 500 gallon unit shall have an Electric Start Honda GX160 and an Ace GE-660-LE pump due to inadequate past performance of hydraulic systems on the F550 chassis. 20 MASTER CONTRACT No. 02818 88. There shall be an in -line strainer, with bypass installed on the pressure side of the pump to protect spray system and eliminate the possibility of pump cavitations. 89. Vendor shall supply the hydraulic components required to run the spray unit. The hydraulic components shall be Weatherhead. 90. The hydraulic system shall have in cab controls, which shall be electrically operated. No live hydraulic pressure shall be allowed in cab. 91. Shall have a pulse width modulator between the hydraulic pump and all hydraulic motors. 92. All plumbing shall be adequately sized for pressure and flow. The plumbing shall have pressure ratings twice that of the system's maximum pressure. 93. All hydraulic fittings shall be JIC taper seat. 94. Any hose installed in a location where chaffing or other damage may occur, must have protective coverings. All hoses must be adequately supported throughout the system. 95. Shall have three positive displacement piston pumps with flow sensors. NOTE: Positive displacement pump must be used. 96. Each pump shall be controlled by a 12 VDC motor. Each pump will inject a precise rate of product on the pressure side of the carrier line and prior to the inline mixer. SIT The user of an auxiliary pump to inject metered chemicals into the pressure line will not be accepted. 98. Pumps shall receive electronic signals from a Raven SCS5000, Force America 6100 or equivalent. This console will automatically vary the motor/pump speed to maintain the chemical injection at a preset rate programmed by the operator. 99. The unit shall be equipped with a flushing system, and have the ability to flush the entire pressure injection system after use. 100.The multipl=chemical; injection pointsshall be equipped with flush faced poppet valves. The maximum drippage sht 15psi per disconnection. Quick -change diaphragm styles are not acceptable. 101.Shall have multiple stainless steel in line mixing chambers. Shall be located between the spray head and the chemical injection points. 102.Shall be a two -section boomless and dripless, spray head assembly. Each spray boom section shall be individually controlled with its own independent actuator. Shall be attached to an adjustable tilting pedestal. 103.Shall have a pedestal -mounting base to allow spraying on both left and right sides, located near the rear of the cab. 104.This feature will not require the disassembly or disconnection of any hoses or components. 105.All spray booms will not protrude past the confines of the truck body. 21 MASTER CONTRACT No. 02818 106.Spray head shall apply uniform coverage throughout the total swath. 107.Spray head shall include all necessary components to ensure proper operation and uniform spray patterns. 108.The spray head shut off valves shall be compatible with all products used by Purchasers and have the ability to discontinue spray head flow within .75 seconds. (Three Quarters of a Second) 109.Shall have one dripless nozzle assembly that is transferable from one side of the unit to the other. This assembly will have the ability to spray in and around guardrails. 110_Shall be mounted below the spray head in such a manner that will allow the nozzle (s) height to be adjusted to accommodate different heights of guardrail_ 111.A deflector device shall be installed on the guardrail nozzle boom to protect the boom from oncoming delineators_ _ 112.The five -product control console, shall be a Raven SCS5000 or Force America 6100 or equivalent, and shall control all spray functions. 113.The console shall be capable of displaying application rate and data for all five products simultaneously_ 114.Each of the five products on the control console can be user programmed to perform independently, for multiple width applications (residual spraying and broadleaf control applied simultaneously on different boom sections). 115.Shall have two separate electromechanical consoles. 116.The product output rates shall be displayed utilizing ounces or gallons. 117.Shall have the ability to increase or decrease any product rate on the fly during application. 118.The console shall maintain a constant carrier rate per acre, while adjusting the injection pumps and varying the injection pump rate. The road speed of the unit shall not affect the water, or chemical rates per acre. 119.AII consoles shall be mounted on a common pedestal in the truck cab, and shall be accessible to both driver and passenger. 120.The computer consoles shall adjust the injector pump output rates within 0.5 of a second when changing spray widths, vehicle speeds, or flow changes. 121.The console shall be capable of metering and recording water and chemical flow when the vehicle is stopped and the handgun is being utilized. 122.The console shall have the capability of downloading files to a Windows compatible computer. 123.The mechanical console shall control the tilt of the spray heads. 124.The mechanical console shall control and operate the three chemical tanks, agitators, and water tank agitator system. 125.Shall be equipped with a flow control to control a range of 1 to 60 gallon per minute in the main carrier line. 126.The flow control shall maintain the selected carrier rate. 22 MASTER CONTRACT No. 02818 127.The handgun hose reel shall be a commercial or industrial duty, spring rewind type. 128.Shall have 100 feet of 5/8-in. diameter, 500-psi hose. 129.Shall be a trigger style with removable nozzles. Shall be equipped with orifice disk numbers of 4,5,6,7, and 8. 130.There shall be a flow switch installed in the handgun feed line, which will turn the chemical injection pumps off when handgun trigger is released. 131.Unit shall be equipped with a system capable of distributing water tank mixed anti -icing material. System shall be controlled by the Raven SCS5000, Force America 6100 or equivalent control console, which controls all spray functions. 132.The anti -icing system shall be operated by the main tank water pump, with flow controls and a range of 3 to 100 GPM 133.The de-ice boom shall consist of a rear mounted spray bar for center lane swaths, and manifold assemblies on each end for left and right swaths. 134.The nozzle assemblies on the main center bar shall have adequate spacing to accommodate one lane of coverage. The main center spray bar shall have quick -change capability on each of the three sections and shall be stainless steel. 135.Shall be equipped with stainless steel barbs for jet stream de-icing applications. Stream jet nozzles shall be used. Brass nozzles are unacceptable. 136.Boom hardware shall be removable from receiver into the spray unit and have adjustable height. 137.Hoses feeding the three sections to be coupled to the boom shut-off valves. 138.The system shall allow for maximum (without pressure drop) applications of 50 gallons per lane mile (three lanes simultaneously) at 45 MPH and a minimum application of 15 gallons per lane mile (single Lane) at 20MPH without changing nozzles. 139.Radar speed sensor: Radar sensor to be dual beam, horizontally mounted in a vibration dampening enclosure. Radar gun to be capable of speed up to 65 MPH, (30 MPH gun not acceptable). To include all cables required for operation. 140.All connections between the unit and truck shall be of a quick disconnect type. 141.Spray bar shall have the ability to spray, center - left- right-, or center only. Shall be 102 inches in width. 142.Unit shall have a weatherproof tool box 24 inches high X 36 inches long X 18 inches deep. Toolbox shall be mounted as per vendor location. 143.System shall be capable of self -loading from a Purchaser's storage facility. 144.The main tank shall be capable of withstanding and carrying de-icing materials at 12 lbs. Per gallon 145.When in de -icier mode the computer readout will be in GPLM. 146.The entire unit shall be equipped with installed labeling for all the plumbing and valves. The labeling shall 23 MASTER CONTRACT No. 02818 have the ability to withstand the various types,of chemicals without deteriorating or falling off. All labeling shall be made of engraved plastic plates that are mounted in close proximity to the related items. (Laminated paper labels are unacceptable) 147.The manifold and mix chambers shall be placed on the topside of the platform and shall be located in an area, which is easily accessible to the operators and mechanics. 148. All hydraulic and water lines shall not be continuous run lines. The lines shall be equipped with disconnect features to allow the removal of main component parts. a. Main Carrier Tank b. Chemical Tanks c. Invert Tank d. Spray Head e. Hydraulic System 149. All related electrical components shall be equipped with quick disconnect weather pack connectors for removal of the spray unit from the chassis. 15o. All electrical components shall be protected by resettable circuit breakers utilizing a dedicated panel. The panel shall be located in an area accessible to the user and mechanics. A NEMA X weatherproof box shall be utilized. 151. All wiring associated with this unit shall run on the top side of the platform. When splicing is required the vendor will use weather proof connectors. 152. A color laminated flow chart, which describes the flow of chemicals to the weed sprayer and the de-icing component shall be provided for each individual unit. Raven factory cables have necessary breakers and fuses installed in weatherproof connections and must be used to meet warranty requirements. Locations are noted in provided manuals. 153. All switches shall be sealed and watertight. 154. All wiring shall be run in chemical resistant looms. 155. All wiring associated with this equipment shall have wire identification every six inches. Striped wire of assorted colors is acceptable. 156. All chemical hoses running to the spray booms and pumps will be color coded for each chemical. A color chart identifying the colors shall be installed in a location readable by the operator. 157. The pressure gauges utilized on this unit shall be liquid filled high pressure gauges. 158. A powder coat painting process shall be utilized on the unit prior to acceptance. 159. The unit shall be painted the manufacturer's standard color using a powder coat process. 160. The body paint shall be warranted against rust for one years. 24 MASTER CONTRACT No. 02818 25 MASTER CONTRACT No. 02818 EXHIBIT B PRICES FOR TRUCK MOUNTED SPRAYERS Item Description Unit Price - 1. Herbicide/Anti-Icer Sprayer — 500 gallon Mfg: Ag Enterprise Supply, Inc. $34,390 Brand/Model: AESM-WS1 Delivery ARO: 180 Days After Chassis is Received — 2. Herbicide/Anti-Icer Sprayer —1,00 gallon Mfg: Ag Enterprise Supply Inc. $53,536 I Brand/Model: AESM-WS2 Delivery ARO: 180 Days After Chassis is Received 3. Herbicide/Anti-Icer Sprayer —1,600 gallon I Mfg: Ag Enterprise Supply, Inc. $53,902 Brand/Model: AE5-1600-WS3 Delivery ARO: 180 Days After Chassis is Received 4. Herbicide/Anti-Icer Sprayer— 2,350 gallon Mfg: A>; Enterprise SugglY Inc $56,100 Brand/Model: AE5-2350-WS4 Delivery ARO: 1$0 Da s After Chassis is Received OPTIONS *The "item" number indicates which sprayer the option is available for: Item 1: 500 gallon Item 2: 1,000 gallon i+.— Q. 1 rnn onllnn or Item 4: 2.350 Rallon. Item* Unit Price 1. 300 Gallon Main Carrier Tank 2. 300 Gallon Tank in lieu of 500 Gallon 1 T7.500 Gallon Skid Mounted §An Gallon Skid Mounted Gallon Skid Mounted ing SystemOnlyGallon Skid Mounteding System Only Gallon Skid Mounted Anti -Icing System Only Remote Control for Hose Reel All uct Powder Coated Flatbed Platform 4 JD-9 Spray Gun All 0 Gallon Skid Mounted Anti -Icing System MASTER CONTRACT NO. 02818 r $ 3. 8,1 $_ $ $ $ 975 $ 30 $ 199 $161 RW 26 Description Item* Unit Price 12. 1,000 Gallon Skid Mounted System $ 13.800 13. 1,600 Gallon Skid Mounted Anti -Icing System $1-d4 14. 1,600 Gallon Skid Mounted Unit $ 15.204 15. 2,350 Gallon Skid Mounted Anti -Icing System $ 21.903 16, 2,350 Gallon Skid Mounted Unit $ 19 5Q3 17. Vaisala Road Surface Temperature Sensor DSP100 (or All $ 2,226 18. equivalent) Installed Superior Signal 25 Light LED Arrow Board All $ 3041 19. Deduct for Anti -Icing System All $ 2.113 20. Deduct for Vegetation Spray Equipment 2,3,4 $ 2�09 21. 30 Gallon Chemical Tank (Installed) All $ 583 22. 60 Gallon Chemical Tank (Installed) All $ 610 23. 85 Gallon Chemical Tank (Installed) AII $ 652 24. 110 Gallon Chemical Tank (Installed) All $ 684 25. 150 Gallon Chemical Tank (installed) All $ 737 26. 200 Gallon Chemical Tank (Installed) All $ 795 27. 250 Gallon Chemical Tank (Installed) All $ 875 28. Low Volume Injection Module All $ 5,179 29. High Volume Injection Module All $ 5. 779 30. Various Spray Styles/Sizes of Nozzles (or equal): a. BB120-3R a. $ 105 b. BB120-5R 05 b. $ 116 C. BB180-6R c. $ 129 d. BB260-11R d. $ e. SJ3-15-VP All e. $ 7.3 f. TP0008-55 f. $ 882 g. H1/4U-550020 g. $ 11.71.77 h. H1/4U-550030 h. $ 77 i. XRC11004-VS .5 i. $ 6.57 j. XRC110025-VS j. $ 6.57 31 All- $ (15,537) Tank Mixing in lieu of Jet Style Deduct 32. Self -Load Option for Chassis Mounted Sprayer All $ i,500 337 Additional Training All $ 90/hr 34. 063-0171-220 SCS450 All $ 1,585 35. Can Switch Box Assembly (SC55000 or equal) All $ 36. Phoenix 10 GPS (117-0171-165 or equal) All 559 $ 59 37. Verizon Field Hub Kit - Slingshot Data Components (117-0171- All $ 2,120 304 or equal) 38. 1 Electric Hose Reel with 2001' x %" Spray Hose All $ 1,214 39. Manual Start Honda Engine (GX160T1QX2 or equal) All $ 351 40. Electric Start Engine (GX16GKlQXE2 or equal) All $ 563 417 Ace Centrifugal Pump (GE-660-LE or equal) All $ 450 42. Ace Hydraulic Drive Centrifugal Pump (FMC-150E-HYD-206 or All $ 886 equal) 43, Hypro HYD Drive Centrifugal Pump (9306-HM1C or equal) 2,3,4 $ 954 44. Viper Pro Kit Viper 4 Kit with Switchbox and Cable All $ 9,284 45. Watchdog Weather Sensor Kit and Unlock Key AII $ 2,400 46. 750 Gallon Main Carrier Tank All $ 1,732 47. 1,000 Gallon Main Carrier Tank All $ 2,287 27 MASTER CONTRACT No. 02818 Description Item* Unit Price 48. Raven 5000 Console (or equivalent) All $ 1,275 49. 24 Gallon Chemical Tank (tank and mount only) All $ 699 50. HD Hydraulic Assembly (38,000 & 60,000 GVW Chassis) 2,3,4 $ 6,795 51. Hannay Spring Re -Wind Hose Reel with 100' x 5/8" Spray Hose All $ 1,925 52, Single Lane Antic -Ice Spray Boom AssemblyUA$350 53. 3 Lane Anti -Ice Spray Boom Assembly 50 54. Curb/Guard Rail Spray Head Assembly ,160 55. Vegetation Spray Head (WSDOT Spec) ,953 56. Vegetation Spray Head One Side Only (WSDOT Spec),976 57. Raven Flow Control Manifold ,660 58. 1Gallon/Double Drop Foam Maker 75 59. itchbox & Harness 2460. mbuster Spra Boom 505 61. es l3) tGallon All $ 312 62. Pump A5Sembly All $ 1,500 63. iptical Tank & Cradle $ 713 64. 200 Gallon PCO Tank $ 331 65. Skid Sprayer $ 2,200 Steel Skid Frame — Powdercoat Finish 65 Gallon Poly Leg Tank GX160 Honda Engine — Rope Start Hypro 1538 Centrifugal Pump Basic Banjo Poly Plumbing Pkg. (Includes Delivery Per Contract) 66. 50' x 1" Lay -Flat Hose with %" GH Fittings $ 50 67. Manual Hose Reel with 50' x %" Hose $ 450 68. 100 Gallon Poly PCO Tank $ 223 69. 150 Gallon Poly PCO TankEgi $ 268 70. 125 Gallon Poly Leg Tank $ 266 71. 165 Gallon Poly Leg Tank $ 329 72. 110 Gallon Poly Horizontal Tank $ 350 73. 150 Gallon Poiy Horizontal Tank $ 455 74 Added to option 1 $ 3,500 Heavy Duty Hook Lift Skid 12. 14, 16 75. Rubberized lining for top surfaces of skid 2,3,4 $ 2,000 76. Optional 2,750 Gallon Tank (to replace 2,350) � All 2,350 Gallon Skids $ 850 77, Trailer Option (to allow skid to be used as an off -road trailer) 1 $ 2,750 MASTER CONTRACT No. 02818 28 EXHIBIT C INSURANCE REQUIREMENTS 1. INSURANCE OBLIGATION. During the Term of this Master Contract, Contractor obtain and maintain in full force and effect, at Contractor's sole expense, the following insurance coverages: a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial General Liability Insurance (and, if necessary, commercial umbrella liability insurance) covering Bodily Injury and Property Damage on an 'occurrence form' in the amount of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. This coverage shall include Contractual Liability insurance for the indemnity provided under this Master Contract. The limits of all insurance required to be provided by Contractor shall be no less than the minimum amounts specified. Coverage in the amounts of these minimum limits, however, shall not be construed to relieve Contractor from liability in excess of such limits. A cross -liability clause or separation of insured condition shall be included in all general liability, professional liability, pollution, and errors and omissions policies required by this Master Contract. 2. INSURANCE CARRIER RATING. Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable to the State of Washington's Office of Risk Management. Insurance coverage shall be provided by companies authorized to do business within the State of Washington and rated A- Class VII or better in the most recently published edition of Best's Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. 3. ADDITIONAL INSURED. Except for Works' Compensation, Professional Liability, Personal Automobile Liability, and Pollution Liability Insurance, all required insurance shall include the State of Washington and all authorized Purchasers (and their agents, officers, and employees) as an Additional Insureds evidenced by copy of the Additional Insured Endorsement attached to the Certificate of Insurance on such insurance policies. 4. CERTIFICATE OF INSURANCE. Upon request by Enterprise Services, Contractor shall furnish to Enterprise Services, as evidence of the insurance coverage required by this Master Contract, a certificate of insurance satisfactory to Enterprise Services that insurance, in the above -stated kinds and minimum amounts, has been secured. A renewal certificate shall be delivered to Enterprise Services no less than ten (10) days prior to coverage expiration. Failure to provide proof of insurance, as required, will result in contract cancellation. All policies and certificates of insurance shall include the Master Contract number stated on the cover of this Master Contract. 5. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution from any insurance or self-insurance maintained by, or provided to, the additional insureds listed above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance provided by Contractor or subcontractors. 6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Each subcontractor must comply fully with all insurance requirements stated MASTER CONTRACT No. 02818 29 herein. Failure of any subcontractor to comply with insurance requirements does not limit Contractor's liability or responsibility. 7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of Washington and any Purchaser for the recovery of damages to the extent such damages are or would be covered by the insurance specified herein. 8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion of aggregate limits, or intent not to renew insurance coverage, either in whole or in part, without at least sixty (60) days prior written Legal Notice by Contractor to Enterprise Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any such written notice shall include the Master Contract number stated on the cover of this Master Contract. MASTER CONTRACT NO. 02818 30 Contract 02818 - Truck Mounted Sprayers Date Amended 10/27/2022 Pricing & Ordering Information Awarded Vendor: Ag Enterprise Supply, Inc. Contact: Ryan Kuster Email: kusterr@agenterprise.com Phone: 509-235-2006 or 800-782-7786 Federal ID No.: 91-1446227 Mailing/Order/Billing/Payment Address: 17005 W. SR 904 Cheney, WA 99004 Credit Cards Accepted Payment terms: Net 30 t Freight: F.O.B. Destination Freight Pre -paid & Included Contract 02818 - Truck Mounted Sprayers PRODUCTS AND PRICES Approved Prices 10/27/2022 ITEM DESCRIPTION UNIT PRICE Herbicide/Anti-Icer Sprayer — 500 gallons 1. Mfg: Ag Enterprise Supply, Inc. $ 46,264.87 Brand/Model: AESM-WS1 Herbicide/Anti-Icer Sprayer —1,00 gallon 2. Mfg: Ag Enterprise Supply Inc. $ 72,021.98 Brand/Model: AESM-WS2 Herbicide/Anti-Icer Sprayer —1,600 gallon 3. Mfg: Ag Enterprise Supply, Inc. $ 72,514.37 Brand/Model: AE5-1600-WS3 Herbicide/Anti-Icer Sprayer — 2,350 gallon 4. Mfg: Ag Enterprise Supply, Inc. $ 75,471.33 Brand/Model: AE5-2350-WS4 Delivery ARO: 180 Days After Chassis Received OPTIONS Approved Prices 10/27/2022 DESCRIPTION ITEM UNIT PRICE 1. 300 Gallon Main Carrier Tank $ 1,405.13 2. 300 Gallon Tank in lieu of 500 Gallon 1 $ (530.30) 3. 200 Gallon Skid Mounted Unit $ 49,941.34 4. 300 Gallon Skid Mounted Unit $ 50,157.17 5. 200 Gallon Skid Mounted Anti -Icing System Only $ 12,070.99 6. 1300 Gallon Skid Mounted Anti -Icing System Only $ 12,473.89 7. 500 Gallon Skid Mounted Anti -Icing System Only $ 12,917.33 8. Add Remote Control for Hose Reel All $ 1,174.88 9. Deduct Powder Coated Flatbed Platform 4 $ (3,232.95) 10. Add JD-9 Spray Gun All $ 239.80 11. 1,000 Gallon Skid Mounted Anti -Icing System $ 21,060.15 12. 1,000 Gallon Skid Mounted System $ 18,051.53 13. 1,600 Gallon Skid Mounted Anti -Icing System $ 22,896.70 14. 1,600 Gallon Skid Mounted Unit $ 19,888.11 15. 2,350 Gallon Skid Mounted Anti -Icing System $ 28,650.96 16. 2,350 Gallon Skid Mounted Unit $ 25,642.37 17 Vaisala Road Surface Temperature Sensor DSP100 (or equivalent) All $ 2,546.17 18. Installed Superior Signal 25 Light LED Arrow Board All $ 3,664.41 19. Deduct for Anti -Icing System All $ 3,151.69 20. Deduct for Vegetation Spray Equipment 2,3,4 $ 44,163.96 21. 30 Gallon Chemical Tank (Installed) All $ 983.81 22. 60 Gallon Chemical Tank (Installed) All $ 1,029.38 23. 85 Gallon Chemical Tank (Installed) All $ 1,100.25 24. 110 Gallon Chemical Tank (Installed) All $ 1,154.25 25. 150 Gallon Chemical Tank (Installed) All $ 1,243.69 26. 200 Gallon Chemical Tank (Installed) All $ 1,341.56 27. 250 Gallon Chemical Tank (Installed) All NOT AVAILABLE 28. Low Volume Injection Module All $ 6,820.00 29. High Volume Injection Module All $ 6,820.00 30. Various Spray Styles/Sizes of Nozzles (or equal): . All A. 88120-3R $ 115.50 B. 88120-5R $ 115.50 C. 88180-6R $ 127.60 D. BB260-11 R $ 141.90 E. SJ3-15-VP $ 8.06 F. TP0008-55 $ 9.70 G. H1/4U-550020 $ 12.95 H. H1/4U-550030 $ 12.95 1. XRC11004-VS $ 7.23 .J. XRC11025-VS $ 7.23 31. Tank Mixing in lieu of Jet Style All -Deduct $ (23,174.38) 32. Self -Load Option for Chassis Mounted Sprayer All $ 1,807.50 33. Additional Training (PER HOUR) All $ 120.00 34. 063-0171-220 SCS450 All $ 2,442.00 35. Can Switch Box Assembly (SCS5000 or equal) All $ 2,978.75 36. Phoenix 10 GPS (117-0171-165 or equal) All $ 1,439.17 37. Verizon Field Hub Kit -Slingshot Data Components (117-0171-304 or equal) All $ 2,684.00 38. Electric Hose Reel with 200[' x %" Spray Hose All $ 1,596.62 39, Manual Start Honda Engine (GX160T1QX2 or equal) All $ 445.71 40. Electric Start Engine (GX160K1QXE2 or equal) All $ 762.00 41. Ace Centrifugal Pump (GE-660-LE or equal) All $ 496.30 42. Ace Hydraulic Drive Centrifugal Pump (FMC-150E- HYD-206 or equal) All $ 1,028.30 43. Hypro HYD Drive Centrifugal Pump (9306-HM1C or equal) 2,3,4 $ 1,418.77 44. Viper Pro Kit Viper 4 Kit with Switchbox and Cable All $ 15,365.50 45. Watchdog Weather Sensor Kit and Unlock Key All $ 3,525.50 46. 750 Gallon Main Carrier Tank All $ 2,657.50 47. 1,000 Gallon Main Carrier Tank All $ 3,505.46 4& Raven 5000 Console (or equivalent) All $ 2,252.66 49. 24 Gallon Chemical Tank (tank and mount only) All $ 873.75 50. HD Hydraulic Assembly (38,000 & 60,000 GVW Chassis) 2,3,4 $ 81187.98 51. Hannay Spring Re -Wind Hose Reel with 100' x 5/8" Spray Hose All $ 2,319.63 52. Single Lane Antic -Ice Spray Boom Assembly All $ 511.86 53. 3 Lane Anti -Ice Spray Boom Assembly All $ 1,108.36 54. Curb/Guard Rail Spray Head Assembly All $ 2,825.46 55. Vegetation Spray Head (WSDOT Spec) All $ 10,403.19 56. Vegetation Spray Head One Side Only (WSDOT Spec) All $ 5,200.94 57. Deduct Raven Flow Control Manifold / Controller All I 58. 1 Gallon/Double Drop Foam Maker All $ 675.00 59. Raven 203 Switchbox & Harness All DISCONTINUED 60. AES Rear Boombuster Spray Boom All $ 753.24 61. TIR Boom Valves (3) All $ 406.98 62. Chemical Load Pump Assembly All $ 1,962.13 63. 1200 Gallon Elliptical Tank & Cradle $ 1,203.20 64. 1200 Gallon PCO Tank $ 558.56 Skid Sprayer Steel Skid Frame - Powdercoat Finish 65 Gallon Poly Leg Tank GX160 Honda 65. Engine - Rope Start Hypro 1538 $ 2,877.78 Centerifugal Pump Basic Banjo Poly Plumbing Pkg. (Includes Delivery Per 66. 50' x 1" Lay -Flat Hose with 3/4" GH Fittings $ 55.00 67. Manual Hose Reel with 50' x 3/" Hose $ 540.00 68. 100 Gallon Poly PCO Tank $ 376.31 69. 1150 Gallon Poly PCO Tank $ 452.25 70. 125 Gallon Poly Leg Tank $ 448.88 71. 165 Gallon Poly Leg Tank $ 555.19 72. 100 Gallon Poly Horizontal Tank $ 590.63 73. 150 Gallon Poly Horizontal Tank $ 767.81 74. Heavy Duty Hook Lift Skid Added to option $ 4,850.00 12, 14, 16 75. Rubberized lining for top surface of skid 2,3,4 $ 2,300.00 76. Optional 2,750 Gallon Tank (to replace 2,350) All 2,350 Gallon $ 1,434.38 k Skids 77. Trailer Option (to allow skid to be used as an off- 1 $ 3,685.00 road trailer) Flusher Nozzles, Force America flusher console and pressure -based pump controller, flusher mobile half Stucchi connector with parking station, 6x Cla Valves (front right and left, mid -truck left and right gutter, mid -truck RH upper, and rear bar), 5x spray heads, air operated actuators for the front nozzle and 1x passenger side nozzle, plumbing and 78. bracketry to the front of the truck Hose Reel rear Kit $ 59,195.63 gravity bar, Gormann Rupp 04A3-B pump w/Hydraulic motor, fenders, toolbox, SS Camlock fittings, air gap fill, ladder to allow tank lid access, 2x amber alternating strobes on rear of skid, necessary plumbing, wiring, and labor to install components (at our location in Cheney, WA) on your chassis (chassis must have an available 40gpm Force America motor spool circuit in place) Flatbed Hookload Skid, AES Heavy Duty Hookload Flatbed for Palift T40S Chassis, 182" L x 96" W 3/16" 79 diamond treated steel deck, channel iron cross EA $ 17,500.00 members on 18" centers, full length outer rub rail with stake pockets on 24" centers, plate/expanded steel head board, black powder -coated finish Surge Busters: Surge Control Systems Surge Busters, 80. 15" diameter, 33 required per 1000 gallons of tank EA $ 27.95 capacity CITY OF Federal Way EXHIBIT "E" QUOTES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253} 835-7000 wwwcl"ffederalway cam GOODS AND SERVICES AGREEMENT - 14 - 4/2023 Quote 1 Ag Enterprise Supply, Inc 17005 W SR 904 Cheney. WA 99004 800-782-7786 gqej Enterprise To: FEDERAL WAY From: PETE AG ENTERPRISE Fax Pages: Phone: Date: 10/09/23 Re: HYD SYSTEM CC: ❑ Urgent X For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle THIS QUOTE COVERS THE HYD AND CONTROL PORTION OF THE BID. YOUR ITEMS 41-50 FORCE AMERICA CONTROL PACKAGE WITH 6100 CONTROLLER DIRECT MOUNT HOT SHIFT PTO PUMP FOR ALLISON BANGBOARD STYLE HYD TANK ALL APLICABLE HYD LINES AND STUCCI CONNECTORS. ALL APLICABLE FORCE AMERICA CONTROL WIRING. PRICE IS PRE-TAX INSTALLED AT OUR LOCATION $ 59465.82 February 7, 2024 DUE TO THE VOLITILITY OF THE SUPPLY CHAIN THIS QUOTE IS VALID FOR 30 DAYS. ■ Page 2 Quote 2 Ag Enterprise Supply, Inc. 17005 VV SR 904 Cheney, WA 99004 800-782-7786 To: FEDERAL WAY r� ■ Enterp>>rise From: PETE AG ENTERPRISE Fax: Pages: 1 Phone: Date: 10/23/23 Re: HOOKLIFT SANDER AND PLOW cc: ❑ Urgent X For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle ITEMS QUOTED ARE A HOOKLIFT SPREADER 50-56 AND PLOW 57-62 HEAVY DUTY HOOKLIFT SKID ASSEMBLY $4850.00 NON -CONTRACT ADDITIONS INCLUDING GALVANIZED FINISH, STUCCI CONNECTION, HAND WINCH WITH BRAKE FOR RAISING AND LOWERING SPINNER. +$2220.00 HENKE XC2000-15 YOUR SPEC 50-56 $84080.00 TOTAL PURCHASE PRICE OF SANDER $91150.00 12' HENKE J PLOW ITEMS 57-62 INCLUDING FRONT GRILL MODIFICATIONS $54799.67 TOTAL INSTALLED PRICE OF SPREADER AND PLOW $145949.67 DUE TO THE VOLITILITY OF THE SUPPLY CHAIN THIS QUOTE IS VALID FOR 30 DAYS. February 7, 2024 ■ Page 2 Quote 3 Ag Enterprise Supply, Inc. 17005 W SR 904 Cheney, WA 99004 800-782-7786 E)qstj Enterprise To: CITY OF FEDERAL WAY From: PETE AG ENTERPRISE Fax: Pages: 2 Phone: Date: 09/20/23 Re: HOOK LIFT ANTI -ICE CC: ❑ Urgent X For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle ITEM QUOTED IS A HOOK LIFT ANTI -ICE SKID BASED OFF OF WA STATE CONTRACT #02818 YOUR ITEMS 63-67. OPTION 15. 2350 GALLON SKID MOUNTED ANTI -ICING SYSTEM $28650.96 OPTION 34. 063-0171-220 SCS 450-$2442.00 NON -CONTRACT DEDUCTION FOR RAVEN CONTROL VALVE-$501.60 OPTION 53.3 LANE ANTI -ICE SPRAY BOOM ASSEMBLY. $1108.36 OPTION 74. HEAVY DUTY HOOKLIFT SKID $4850.00 OPTION 80. SURGEBUSTER BAFFLE BALLS 33/1000 GALLONS $27.95 EA NON -CONTRACT OPTION OF SS SPRAY BAR IN PLACE OF MILD STEEL +$450.00 NON -CONTRACT OPTION OF POWDER COATED FRAME IN PLACE OF POWDER COATING BLACK +1310.00 NON -CONTRACT OPTION OF 1850 GALLON TANK IN PLACE OF 2350-1439.32 PURCHASE PRICE OF 2350 GALLON UNIT $35593.24 PURCHASE PRICE OF 1850 GALLON UNIT February 7, 2024 $33692.75 DUE TO THE VOLITILITY OF THE SUPPLY CHAIN THIS QUOTE IS VALID FOR 30 DAYS. 9 Page 2 Quote 4 Ag Enterprise Supply, Inc. 17005 VV SR 904 Cheney, WA 99004 800-782-7786 E)qsj Enterprise To: CITY OF FEDERAL WAY From: PETE AG ENTERPRISE Fax: Pages: 1 Phone: Date: 09/20/23 Re: PALFINGER T40S CC: ❑ Urgent X For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle ITEM QUOTED IS A PALFINGER T40S. 40,000LB CAPACITY 14'-18' CONTAINER LENGTH RANGE MAX DUMP ANGLE 50 DEGREES DUAL PICKUP BAR HEIGHT -MANUALLY ADJUSTABLE DUAL POINT ARTICULATION SINGLE CYLINDER SLIDING JIB DUAL LIFT CYLINDERS PRICE IS PRE-TAX TO INCLUDE HOOKLIFT AND INSTALLATION ONLY HYD PACKAGE AND FORCE AMERICA CONTROLS WILL BE IN A SEPARATE QUOTE. $45000.00 February 7, 2024 DUE TO THE VOLITILITY OF THE SUPPLY CHAIN THIS QUOTE IS VALID FOR 30 DAYS. 0 Page 2 Quote 5 Ag Enterprise Supply, Inc. 17005 W SR 904 Cheney, WA 99004 800-782-7786 (b]9 Enterp it �e To: CITY OF FEDERAL WAY From: PETE AG ENTERPRISE Fax: Pages: 2 Phone: bate: 09/20/23 Re: HOOK LIFT FLAT BED. CC: ❑ Urgent X For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle ITEM QUOTED IS A HOOK LIFT FLATBED BASED OFF OF WA STATE CONTRACT #02818 YOUR ITEMS 32-39 OPTION 79. FLATBED HOOKLIFT SKID, AES HEAVY DUTY HOOKLOAD FLATBED FOR T40S CHASSIS, 182"L X 96"W 3/16 DIAMOND TREAD STEEL DECK, CHANNEL IRON CROSS MEMBERS ON 18" CENTERS, PLATE/EXPANDED STEEL HEAD BOARD, BLACK POWDER COATED FINISH $17500.000SD NON -CONTRACT OPTION OF T&G FIR DECKING 2" X 6" NO ADDITIONAL CHARGE. February 7, 2024 DUE TO THE VOLITILITY OF THE SUPPLY CHAIN THIS QUOTE IS VALID FOR 30 DAYS. 0 Page 2 CITY OF �. 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UBI Number: 601 175 956 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 17005 W STATE ROUTE 904, CHENEY, WA, 99004-7983, UNITED STATES Principal Office Mailing Address: 17005 W STATE ROUTE 904, CHENEY, WA, 99004-7983, UNITED STATES Expiration Date: 04/30/2024 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 04/19/1989 Period of Duration: PERPETUAL Inactive Date: Nature of Business: AGRICULTURE, FORESTRY, FISHING, HUNTING & TRAPPING REGISTERED AGENT INFORMATION Registered Agent Name: AG ENTERPRISE SUPPLY, INC. Street Address: 17005 W STATE ROUTE 904, CHENEY, WA, 99004-7983, UNITED STATES Mailing Address: 17005 W STATE ROUTE 904, CHENEY, WA, 99004-7983, UNITED STATES GOVERNORS Title GOVERNOR GOVERNOR Governors Type INDIVIDUAL INDIVIDUAL Entity Name First Name CALVIN GARY Last Name BARTA FARRELL https://ccfs.sos.wa.gov/?_91=1*10uor29*_ga*MjAwOTk2NTkzOC4xNjgyNT150DE3*_ga_7B08VE04VVV*MTcwN DMwNzg5My4zOC4xLjE3MDQiMDg... 1 /1 2/21/24, 11:01 AM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: Entity name: AG ENTERPRISE SUPPLY, INC. Business AG ENTERPRISE SUPPLY, INC. name: Entity type: Profit Corporation UBI #: 601-175-956 Business ID: 001 Location ID: 0001 Location: Active Location address: Mailing address: 17005 W STATE ROUTE 904 CHENEY WA 99004-7983 17005 W STATE RT 904 CHENEY WA 99004 Excise tax and reseller permit status: Click here Secretary of State status: Click here New search Back to results Endorsements Endorsements held i License # Count Deta Status Expiration date First issuance date hftps://secure.dor.wa.gov/gteunauth/—,t#4 1/3 2/21/24, 11:01 AM Washington State Department of Revenue Endorsements held i License # Count Deta Status- Expiration date First issuance date Bulk Fertilizer Active Apr-30-2024 Aug-19-1993 Distributor Mass Flow Meter 3 Active Apr-30-2024 Feb-21-2001 Minor Work Permit Active Apr-30-2024 Aug-20-2019 Pesticide Dealer Active Apr-30-2024 May-19-1989 Scale - 1 Active Apr-30-2024 Jan-06-2000 Intermediate Governing People May include governing people not registered with Secretary of State Governing people Title BARTA, CALVI N FARRELL, GARY View Additional Locations The Business Lookup information is updated nightly. Search date and time: 2/21/2024 11:01:24 AM Contact us hftps://secure.dor.wa.gov/gteunauth/—/#4 2/3 2/21/24, 11:01 AM Washington State Department of Revenue How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_/#4 3/3 a STALE OF WASHINGTON Department of Labor & Industries Certificate of Workers` Compensation Coverage WA UBI No. L&I Account ID Legal Business Name DoingBusinessAs Workers' Comp Premium Status: 1 Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? February 27, 2024 16,01 175 956 j 874,195-00 AG ENTERPRISE SUPPLY INC AG ENTERPRISE SUPPLY INC Account is current. -� Quarter 4 of Year 2023 "21 to 30Workers" Employer Services Help Line, (360) 902-4817' No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter_ A single 490 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable far premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.1 2.050 and 51.15.1901.