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Home My WebLink AboutWTR2703604_8CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG 12-056 — SE 5th Street AC Water Main Replacement Project C.O.# 1 CONTRACTOR: B&B Utilities and Excavating, LLC SUMMARY OF PROPOSED CHANGE: Provide all labor, equipment, subcontracting, bonding, insurance for the complete work required for the extra work as outlined below: ITEM Additional Quantities Under This Change Order Unit Quantity Unit Total Price C01 New unit price for paving based on reduced quantity. REMOVE Bid item 21— %Z' PG 64-22 HMA Ton 300-$110.00 (-$33,000.00) Add Change Order 1—%" PG 64-22 HMA Ton 129 $131.92 $17,017.68 Subtotal 1-�15,9�z.311 9.5% Sales Tax (-$1,518.32) Total (-$17,500.64) ORIGINAL CONTRACT AMOUNT CURRENT CONTRACT AMOUNT ESTIMATED NET CHANGE THIS ORDER ESTIMATED CONTRACT TOTAL AFTER CHANGE $296,821.65 $296,821.65 (-$17,500.64) $279,321.01 Cost Allocation Water Utility 425.455596.018.595.34.63.000 $17,017.68 SIGNATURES Contractor: Project Engir Approved By Date: Date: Date: C:\Users\Airulitta\AppData\Local\h{icrosoR\Windows\Temporaryy lntcmet Piles\Content IE5\QWYLKUOI\ChangeOrderl_10.19-12.doe/AWah CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG 12-056 — SE 5`h Street AC Water Main Replacement Project C.O.#2 CONTRACTOR: B&B Utilities and Excavating, LLC SUMMARY OF PROPOSED CHANGE: Provide all labor, equipment, subcontracting, bonding, insurance for the complete work required for the extra work as outlined below: l i tm Aaaitional Quantities Uncler i nis Lnange Urcier unit Quantity Unit T otal Price CO2 Force Account work additional pavement patching and LS 1 $4,923.09 $4,923.09 sawcutting around exiting utility covers on SE 51h Street and additional equipment rental. Subtotal $4,923.09 9.5% Sales Tax $467.69 Tota I $5,390.78 ORIGINAL CONTRACT AMOUNT CURRENT CONTRACT AMOUNT ESTIMATED NET CHANGE THIS ORDER ESTIMATED CONTRACT TOTAL AFTER CHANGE $296,821.65 $279,321.01 $5,390.78 $284,711.79 Cost Allocation Water Utility 425.455596.018.595.34.63,000 $5,390.78 SIGNATURES Contractor: Project Engir Approved By Date: I I: f 1 Date: 1V 1i 1 Z Date: '✓ �l/�'f� C:\tlsersWlaulittaU\ppDuta\Lc,cnl\Nhcrosufl\Wiindml-s\Tempuran, Intemet Fi1L-slCuntent.IF.5\iN09RBZI\ChangeOrder2_10-19-12 doc/AWah B & B Utilities & Excavating L.L.C. 23431 45th Ave SE Bothell, A'A 98021 Bill To City of Renton Public Works Dept 1055 S Grady Way Renton WA 98057 Date Invoice # 8/21/2012 P.O. No. Terms Project 1230 - Watermain Quantity Description Rate Amount Force account HD Supply restock invoice 45183566 1,200.25 1,200.25T United Rentals ( sheets for gas main ) invoice # 104805371-001 + 21% 218.52 218.52T Prep and pave old water crossings and sewer man holes and clean outs 3,216.97 3,216.97T Total operator hours 9 at $ 82.99 = $746.91 Total labor hours 14.5 at $67.14 = $973.53 Total truck driver hours 6.5 at $76.52 = $497.38 Total Yanmar VIO 75 hours 3 at $66.45 = $199.35 Total Dump truck hours 6.5 at $60.40 = $392.60 Total Sen ice truck hours 6.5 at $36.20 = $235.30 Total Roller hours 2 at $42.25 = $84.50 Total air compressor hours 1 at $ $27.00 = $27.00 Total Case 580 hours I at $60.40 = $60.40 Dump fee total $60.00 Salinas Sawing and Sealing invoice #19679 + 21% 287.35 287.35T Non Sales Tax 0.00% 0.00 Total $4,923.09 B&B Utilities and Excavating LLC UTILITIES AND EXCAWnNG, LLC Lic# BBUTIUE948LN (425)398-5906 • Fax (425)402-6936 PO Box 293, Bothell, WA 98041 Customer Date Job No. E.W.O. # Project Employees on Project Class Hours Rate Equipment Hours Rate Rental Equipment No. Hours Rate Owner's Representative Signature Date Description of Work Comments Materials Qty. Unit Cost Foreman's Signature Date ` r Local Service, Nationwide P.O. Box 1419 Thomasville, GA 31799-1419 1148 1 M8 0.404 E0212X 10352 D5305D9864 PI 153109 0001:0002 Il�i�llillllllliill�li��l�l�illlllil�llllirl��lllli��llllllliil�l B & B UTILITIES & EXCAV LLC ACCOUNTS PAYABLE 23431 45TH AVE SE BOTHELL WA 98021-9015 INVOICE ----------------------------------------------------------------------------------------------- Return Top Portion With Payment For Faster Credit BRANCH ADDRESS HDSWW - MARYSVILLE WA Branch -588 4106 - 134th St NE Marysville WA 98271 360/651-1147 Shipped to: INVOICE # 5183566 INVOICE DATE 8/15/12 ACCOUNT # 156449 SALESPERSON RICHARD W WAHLBRINK BRANCH # 588 Total Amount Due 1 Remit To: HD SUPPLY WATERWORKS, LTD. FILE #56214 LOS ANGELES, CA 90074-6214 SE 5TH ST & NEWPORT AVE SE RENTON, WA CUSTOMER JOB- 1230 AC MAIN REP --------------------------------------------------------------------------------- Thank You For The Opportunity To Serve You. We appreciate your prompt payment. Date Ordered Date Shipped Customer PO No. Job Name Job No. Bill of LadingShipped Via Order Number 7/26�12 8/14/12 SEE BELOW AC MAIN REP 1230 OUR TRUCK 5183566 Product Code Description Quantity Ordered Quantity Shipped Back- Ordered Price Per Amount CUSTOMER PO#- RESTOCK CHARGES INVOICE IS TO COVER MFG RESTOCK CHARGES AND FREIGHT BACK FOR 46) 1730 X 18 METER BOXES. a 0::Pb This transaction is governed by and subject to HD Supply Waterworks standard terms Terms SubTotal and conditions, which are incorporated herein by this reference and accepted. To review these terms and conditions, please point your web browser to NET 30 http://waterworks.hdsupply.com/TandC/. .00 Freight Delivery Handling Restock Misc. Tax INVOICE TOTAL$1,200.25 175.00 1,025.25 HDSWW - MARYSVILLE WA Branch - 588 4106 - 134th St NE Marysville WA 98271 THANK YOU FOR YOUR ORDER VISIT WATERWORKS. HDSUPPLY.COM FOR OTHER SERVICES OFFERED INVOICE: .. Page 1 of 1 3001:0002 nuTiES Aiii Customer , r Project S r� B&B Utilities and Excavating LLC Lic# BBUTIUE948LN (425)398-5906 • Fax (425)402-6936 PO Box 293, Bothell, WA 98041 Date Job No. E.W.O. # 11 Employees on Project Class Hours Rate 11 11 Equipment Hours Rate I 11 Rental Equipment No. Hours Rate 11 Owner's Representative Signature Date Description of Work Z c.uecKS �—� l��Y '-7l t Comments Materials Qty. Unit Cost Foreman's Signature Date V unttea Hentals 800 -U R-R E NTH (Soo-877-3687) uraltedrentals.com LV l.A31Vt\ ffouz 7125 8TH AVENUE SOUTH SEATTLE, WA 98108 206-767-3121 206-767-0265 FAX 4 WEEK BILLING INVOICE # 1 U4bU5071-001 0 JJ RENTON 'H SE 5TH ST & PIERCE AVE SE cc X:X@X 0 RENTON, WA 98055 h Office: 425-398-5906 Cell: 206-423-0563 3-1.851 1 MB 0.404 02451S31.p051 of 1 400 Customer Number 984269 Invoice Date 8/28/12 Date Out 8/13/12 12:00 PM Billed Through 9/10/12 Job Location: SE 5TH ST & PIERCE AVE SE, Job Number 70 P.O. Number 1236 Ordered By GLENN Written By CYCLE BILL -Salesperson 1776 11 III1�'1'1'11111111'1111111"�'I'IIII�'11'1"I��111"��li $1532.24 Payment due upon receipt of invoice B&B UTILITIES PAYMENT OPTIONS: Check(Mail)-Check(Fax)- Credit Card(Phone) 23431 - 45TH AVENUE SE BILLING INQUIRIES: Ph# 800-509-1197 Fx# 209-579.7960 BOTHELL WA 98021- 9015 REMIT TO: UNITED RENTALS (NORTH AMERICA). INC 00851 FILE 51122 LOS ANGELES, CA 90074-1122 Please detach and return top portion with payment - - - - - - - - - EE.TPc;i, ITEMS : - - - - - - - Qt� Equipment Description Minimum Day Week 4 Week Amount 5 944/9930 ROAD PLATE 6' X 10, 32.90 32.90 95.90 202.30 1,U11.50 1 944/9942 ROAD PLATE 8' X 10, 35.00 35.00 90.30 212.80 212.80 Rental Subtotal: 1,224.30 Price Unit of Measure Extended Amt. S 175.000 (EA) EACH 175.00 1 S ' Sales/Misc Subtotal: 175.00 Agreement Subtotal: 1,399.30 Tax: 132.94 Total: 1,532.24 '12 THRU 9i10/12 12:00 PM THIS 4 WEEK BILLING INVOICE IS ISSUED SUBJECT TO THE TERMS AND CONDITIONS OF THE RENTAL AGREEMENT, WHICH ARE INCORPORATED HEREIN BY REFERENCE. A COPY OF THE RENTAL AGREEMENT IS AVAILABLE UPON REQUEST. Page: 1 B&B Utilities and Excavating LLC UTILITIES AND EXCAVATING, LLC Lic# BBUTIUE948LN (425)398-5906 • Fax (425)402-6936 PO Box 293, Bothell, WA 98041 CustomerI ofi Date Job No. E.W.O. # 7. Employees on Project Class Hours Rate Equipment Hours Rate Rental Equipment No. Hours Rate Owner's Representative Signature Date Description of Work iCC Comments Materials Qty. Unit Cost Foreman's Signature Date B&B Utilities and Excavating LLC UnU IES AND EXCAVATING, LC Lic# BBUTIUE948LN (425)398-5906 • Fax (425)402-6936 PO Box 293, Bothell, WA 98041 Customer Date Job No. E.W.O. # Proiect Employees on Project Class Hours Rate Equipment Hours Rate cJ(u _7 j Rental Equipment No. Hours Rate Owner's Representative Signature Date Description of Work l GLcv ✓ L. (.� cx/ �./ �..� yr 1� � ✓' Comments Materials Qty. Unit Cost Foreman's Signature Date IBM ffi"aAVATING, LLC B&B Utilities and Excavating LLC Lic# BBUTIUE948LN (425)398-5906 • Fax (425)402-6936 PO Box 293, Bothell, WA 98041 Customer Date ProiectL�— Employees on Project Class Hours Rate Equipment Hours Rate Rental Equipment No. Hours Rate Owner's Representative Signature Date Description of Work Comments Materials Qty. Unit Cost Foreman's Signature Date Salinas Sawing & Sealing, Inc. 7804 40th Ave. W. Mukilteo, WA 98275 Bill To B & B UTILITIES AND EXCAVATION P.O. BOX 293 BOTHELL, WA 98041-0293 Invoice Date Invoice # 9/19/2012 19671) Ship To S.E. 5TH STREET AC WATERMAIN REPLACEMENT CITY OF RENTON CONTRACT CAG-12-056 P.O. No. Terms Date Project Our Job No. Due on receipt EDue -2o 12 12-5228 S.E. 5th Renton 12-5228 Item Description Quantity Rate Amount 3 15.00 45.00 600 Concrete Curb Cut-6" 54 0 72 38.88 300 Asphalt Demo- 4" 12 0.54 6.48 300 Asphalt Demo- 3" 15 0.36 5.40 300 Asphalt Demo- 2" 51 0.72 36.72 300 Asphalt Demo- 4" 150.00 150.00 750 Slurry Vacuum Equip & Disposal Work Completed 9/19/12 (W.O. 22711) O � M — y5 Office:(425) 745-0706 Total j 48 Fax:(425) 745-0628 UTILITIES AND EXCAVATING, LLC Operator Labor JEFF BROWN, Owner GLENN BUTCHER, Owner (206)406-0504 (206)423-0563 Office: (425) 398-5906 1 Fax: (425) 402-6936 1 PO Box 293 1 Bothell, WA 98041-0293 Lic. # BBUTIUE948LN I www.bbutilities.com Operator and Equipment List King Co. Dump Truck Driver Pipe layer Flagger Equipment - Working Komatsu PC 220 Hitachi EX 120 Yamnar VIO 75 Hitachi AX40 —mini excavator Sumitomo SH35 —mini excavator Case 580L 4X4 Dump Truck — I Oyard Laymor Sweeper Service Truck Air Compressor Roller $82.99/hour $67.14/hour $76.52/hour $68.39/hour $56.91 /hour $80.40/hour $72.50/hour $66.45/hour $60.40/hour $60.40/hour $60.40/hour $60.40/hour $42.25/hour $36.20/hour $27.00/hour $42.25/hour Operator and Equipment List :King Co • -qt 18852 72"d Avenue South, Kent, WA 98032 Phone (425) 251-8411, Fax (425) 251-8415 August 1, 2012 Mr. Andrew Weygandt City of Renton, Public Works / Water Utility AWeygandt@RentonWA.gov 425-430-7208 PROPOSAL: Install Test Stations at the Olympic Pipeline Crossing Dear Mr. Weygandt, Corrpro is pleased to provide you with a proposal for the installation of two test stations, one at each where the new 8-inch water main crosses the two Olympic Pipelines on SE 5th Street near Pierce Avenue SE. Corrpro will furnish all materials and will cad -weld or pin braze two lead wires each to the water main, the Olympic pipeline and the pipeline casing at both locations. The pipeline lead wires will be terminated in the test station and left on site. The City of Renton will be responsible for final test station installation as part of their project. Corrpro will perform this scope of work for a Lump Sum of $875 no including applicable taxes. All work performed by Corrpro will be under the direct supervision of a NACE Registered Cathodic Protection Specialist. Invoices for services rendered would be issued at the beginning of each month for work completed during the previous month. All invoices are due and payable upon receipt. Thank you for the opportunity to submit this proposal. This proposal will be honored for 90 days from the date of this proposal. Kindly have the signatory space below signed by a person authorized to bind the City of Renton into contract. You may fax the signed proposal to my attention at 425-251-8415 or send a Purchase Order referencing the proposal number found in the footer of this document if this proposal is acceptable. If you have any questions, please contact me directly at 425-251-8411. Mr. Andrew Weygandt City of Renton, Public Works Page 2 of 2 Sincerely, /,-,, 'z � -, -/�- /, - � Patrick J. Raabe District Operations Manager Corrpro Seattle Client Approval (complete below) 1 Signature and Date b, holPc�►5�� Printed Name and Title I$/000 l s l 7 Purchase Order Number The following additional terms and conditions apply to this proposal: 1. Corrpro terms are due upon receipt of services or materials, progress billing is allowed, interest at 1.5% per month over 30 days. 2. Progress billing will be submitted when materials are delivered and/or service progressively rendered. 3. Corrpro shall be entitled to an equitable adjustment in the price of the work, including but not limited to any increased costs of labor, including overtime, or materials, resulting from any change of schedule, acceleration, out of sequence work or delay caused by others for whom Corrpro is not responsible. 4. Corrpro reserves the right to pass on price increase in manufactured and/or consumable products to the Purchaser if the order has not been placed within sixty (60) days of the proposal being issued. 5. All terms and conditions listed above, whether explicitly detailed or not detailed in a resulting contract or purchase order, shall be accepted as "condition of sale" between Corrpro and the Purchaser and cannot be waived unless it is explicitly mentioned in the resulting contract or purchase order. 6. The schedule of the work is to be mutually agreed upon. 7. Completion and acceptance of a credit application may be required prior to commencement of work. SE-000673 City of Renton - Olympic Crossing C) Th r V2— J c cv C> % mac. U la a n n cx G rQ OU t VCl �e,�5 CCA Ci'u b S s✓ wu z 'r L S t Lk 0 0 `t- Cis ci 1 A - V� �-C, C O a v :A c -tAkot ON CAL 0 Z . V\ ,• ` AA. �C-\ LS J V o s\ !� V\ Gv d V s- A �s 1 N. In ; dx 0- v -T-- �,.e-1d ct i ±0u (L'c',/n o Bid Proposal Branch Information: HD SUPPLY WATERWORKS 4106 134TH ST NE MARYSVILLE WA 98271 (360) 651-1147Fax: (360) 651-1151 Mobile: (360) 913-0203 Representative: TOM LIPTON Job Information: ,lob Name: RENTON SE 5TH ST METER BOXES Customer: B & B UTILITIES & EXCAV LLC Address: ACCOUNTS PAYABLE Address2: 23431 45TH AVE SE City/St/zip: BOTHELL WA 98021-9015 Contact: MAULITTA BROWN - A/P Phone: (206) 406-0504 Fax: (425) 402-6936 Email: maulitta@maulittabrown.com 425-478-8976 Location: Engineer: Bid date: 7/25/12 Delivery Information: Delivery Location: Delivery Location 2: Date Required: Method of Shipment: Notes: Date Printed: 7/26/12 FOR THE EXCLUSIVE USE OF HD SUPPLY CUSTOMERS Page No. 1 "Material Quotation" Pipe Terms Due to instability in the plastic pipe market, prices here are estimates only. Actual prices will be prices in effect at the time of shipment, and subject to availability. Due to increased fuel cost, any fuel surcharges in effect at time of shipment will be added to your invoice. Standard Terms TERMS AND CONDITIONS OF SALE ("Terms') 1. All references in this document to "Seller" shall include HD Supply, Inc. and / or any parent, subsidiary or affiliate of HD Supply, Inc. (including any division of the foregoing) whether or not performing any or all of the scope hereunder or specifically identified herein. All references to `Buyer' shall include all parent(s), subsidiaries and affiliates of the entity placing the order. Buyer and Seller may be referred to individually as a "Party' and collectively as "Parties'. 2. All sales to Buyer are subject to these Terms, which shall prevail over any inconsistent terms of Buyers purchase order a other documents. Additional or deferent terms and conditions in any way altering or modifying these Terms are expressly objected to and shall not be binding upon Seller unless specifically accepted in writing by Seller's authorized representative. No modification or afteration of these Terms shall result by Sellers shipment of goods following receipt of Buyer's purchase order, or otter documents containing additional, conflicting or inconsistent terms. There are no terms, conditions, understandings, or agreements other than those stated herein, and all prior proposals and negotiations are merged herein, These Terms are binding on the Parties, their successors, and permitted assigns. 3. Prices on Seller website, catalogs or in Seller quotes are subject to change without notice, and all such prices expire and become invalid it not accepted within 10 calendar days from the date of issue, unless otherwise noted by Seller in writing. Price extensions if made are for Buyer's convenience only. and they, as well as any mathematical, stenographic or clerical errors, are not binding on Seller. Prices shown do not include any sales, excise, or other governmental tax or charge payable by Seller to any federal, state or local authority. Any taxes now or hereafter imposed upon sales or shipments will be added to the purchase price, and Buyer shall reimburse Seller for any such tax or provide Seller with an acceptable tax exemption certificate. All prices and other terms provided to Buyer shall be kept confidential except to the extent a Party is required by law to disclose the same. 4. Seller shah not be liable for delay or default in delivery resulting from any cause beyond Sellers reasonable control, including, but not limited to, governmental action, strikes or other labor troubles, fire, damage or destruction of goods, wars (declared or undeclared), acts of terrorism, manufacturers shortages, availability or timeliness of transportation, materials, fuels,. or supplies, and acts of God (each a'Force Majeure Event"). Upon the occurrence of a Force Majeure Event (a) the time for Sellers performance shall be extended reasonably and the Parties shall adjust all affected dates accordingly; (b) the purchase price shall be adjusted for any increased hosts to Seller resulting from such Force Majeure Event; and (c) Buyer shall not be entitled to any other remedy. 5. Seller is a reseller of goods only, and as such does not provide any warranty for the goods it supplies hereunder. Notwithstanding this As -Is limitation, Seller shall pass through to Buyer any transferable manufacturers standard warranties with respect to goods purchased hereunder. BUYER AND PERSONS CLAIMING THROUGH BUYER SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS, AND THIS SHALL BE THE EXCLUSIVE RECOURSE OF BUYER AND PERSONS CUdMING THROUGH BUYER FOR DEFECTIVE GOODS, WHETHER THE CLAIM OF BUYER OR THE PERSON CLAIMING THROUGH BUYER SHALL SOUND IN CONTRACT, TORT, STRICT LIABILITY, PURSUANT TO STATUTE, OR FOR NEGLIGENCE. BUYER SHALL PASS THESE TERMS TO SUBSEQUENT BUYERS AND USERS OF GOODS. SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER ASSUMES NO RESPONSIBILITY WHATSOEVER 6. Buyer shall indemnity. defend, and hold Seller its officers, directors, employees and agents harmless from any and all costs (including attorneys' and accountants' fees and expenses), liabilities and damages resulting ftom or related to any third party (including Buyer's employees) claim, complaint and/or judgment arising from Buyer's use of any goods furnished hereunder, as well as any negligent, intentional, or tortious act or omission of Buyer or any material breach by Buyer of these Terms. 7. When goods are delivered to Buyer in Sellers own vehicles, the F.O.B. point shall be Buyer's designated delivery site. In all other cases the F.O.B. point shall be Seller's store or warehouse and all responsibility and costs of shipping and delivery beyond the applicable F.O.B. point shall be borne by Buyer. Tile and risk of loss shall pass to Buyer at the applicable F.O.B. point which for goods not delivered in Seller's own vehicles shall be when Seller delivers the goods to the common carrier. All claims for shortage of goods or for loss or damage to goods as to which Seller has the risk of loss shall be waived unless Buyer. within 10 calendar days after receipt of the short or damaged shipment gives Seller written notice fully describing the alleged shortage or damage. Partial shipments are permitted at Seller's discretion. 8. Any change in product specifications, quantities, destinations, shipping schedules, or any other aspect of the scope of goods must be agreed to in wring by Seller, and may result in a price and delivery adjustment by Seller. No credit for goods retuned by Buyer shall be given without Seller's written authorization. All returns are subject to a restocking charge. 9. Unless otherwise agreed in writing, payment terms are net 30 days from delivery, payable in United States of America ('U.S.") dollars. Notwithstanding the foregoing. all orders are subject to Sellers continuing approval of Buyer's credit. If Buyer's credit is not approved or becomes unsatisfactory to Seller then Seller, in fts sole discretion, may suspend or cancel performance, or require different payment terms, including but not limited to cash on delivery or in advance of shipment In addition, Seller may in its discretion require an advance deposit of up to 100 %of Seller's selling price for any specially manufactured goods ordered by Buyer hereunder. Payments due hereunder shall be made in the form of cash, check, or money order, or other tender approved in writing by Seller. Seller may, in its sole discretion, apply Buyer's payment against any open charges. Past due accounts bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable I 10. Buyer shall not export or reexport directly or indirectly, all or any part of the goods or related technology obtained from Seller under these Terms except in accordance with applicable export laws and regulations of the U.S. Further. a Buyer that is a non-U.S. company or citizen shall similarly limit any export or reexport activity to thatwhich would be deemed compliant with U.S. export laws and regulations if performed by a U.S. company or citizen. 11. Buyer shall pay Seller all costs and expenses of collection, suit or other legal action brought as a result of the commercial relationship between them, including, but not limited to, all actual attorneys' and paralegals' fees, and collection costs, incurred pre-suft, trough trial, on appeal, and in any administrative or bankruptcy proceedings. Any cause of action that Seller has against Buyer may be assigned without Buyer's consent to HD Supply, Inc. or to any affiliate, parent or subsidiary of HD Supply, Inc. 12. This Agreement Buyer's account, and the business relationship between Buyer and Seller shall be governed by and construed in accordance with the laws of Georgia without regard to conflicts of laws rules, and specifically excluding the UN Convention on Contracts for the International Sale of Goods. The Partes agree that any legal action arising under or related to this Agreement shall be brought in Cobb County, Georgia, and any right to object to such venue or to assert the inconvenience of such forum is hereby waived. 13. If Buyer fails to comply with these Terms, Seller may terminate or restrict any order immediately upon notice to Buyer. Buyer certifies that f is solvent and that it will advise Seller immediately tit becomes insolvent. Buyer agrees to send Seller written notice of any changes in the form of ownership of Buyer's business within 5 days of such changes. Buyer and Seller are the only intended beneficiaries of this document, and there are no thud party beneficiaries. IC The invalidity or unenforceability of all a part of these Terms will not affect the validity or enforceability of the other terms. The parties agree to replace any void or unenforceable term with a new term that achieves substantially the same practical and economic effect and is valid and enforceable. 15. The following provisions shall survive termination, cancellation and completed performance of this Agreement as long as necessary to allow the aggrieved party to fully enforce such clauses: 5, 6, 9, 10, 11 and 12. HD Supply Terms and Conditions of Sale - Rev A0807 Date Printed: 7/26/12 FOR THE EXCLUSIVE USE OF HD SUPPLY CUSTOMERS Page No. 2 PS Bid #: TWL588757 Job Name: RENTON SE 5TH ST METER BOXES Location: Customer: B & B UTILITIES & EXCAV LLC Engineer: Bid date: 7/25/12 Seq# Qty Description 10 46 MSBCF-1324-18 MSP BOX L/LID 20 46 MSP MSCBC1324-R DI LID 2 TRPL PER DETAIL MINIMUM 5 WEEK LEAD TIME 50 1 INBOUND FREIGHT TO SPEED UP DELIVERY. TO 2-3 WEEKS. 90 1 RESTOCK CHARGES 20% RESTOCK CHARGES FOR RETURNING 46 1730X18 BOXES WE WERE ABLE TO NEGOTIATE DOWN FROM 25%. 140 1 FREIGHT BACK TO MFG. Bid Totals Salesman: TOM LIPTON Branch: HD SUPPLY WATERWORKS Phone: (360) 651-1147 Fax: (360) 651-1151 Mobile: (360) 913-0203 Units Price Ext. Price EA 64.92 2,986.32 EA 74.10 3,408.60 EA 750.00 ' 750.00 EA 1,025.25 ' 1,025.25 EA Sub Total Bid Total 175.00 175.00 $8, 345.17 $8,345.17 Date Printed: 7/26/12 FOR THE EXCLUSIVE USE OF HD SUPPLY CUSTOMERS Page No. 3