HomeMy WebLinkAbout2021 09 27 Consent 304 - West WRF Temporary Disk Filter, Vendor Selection, and Award • CONSENT AGENDA ITEM 304
-M.-d CITY COMMISSION AGENDA I SEPTEMBER 27, 2021 REGULAR MEETING
1459
TITLE
West WRF Temporary Disk Filter, Vendor Selection and Award
SUMMARY
The West WRF is located in the western part of the City and provides
wastewater treatment service and reclaimed water (RCW) to the City's RCW
distribution system. During the cleaning and rehabilitation of treatment Unit
#1, treatment Unit#2 will treat 100% of the flow coming into the facility. The
treatment process is sensitive to changes and can become upset resulting in
higher than normal total suspended solids (TSS) being sent to the filters. The
existing sand filters are at the end of their service life and do not respond to
changes in TSS well. The temporary disk filter will process the anticipated
high flow capacity and capture the anticipated high TSS from treatment Unit
#2 while maintaining effluent quality. The result will be additional reliability
the facility can produce public access RCW.
Invitation to Bid (ITB) #05-21 JN for West Water Reclamation Facility
Temporary Disk Filter was advertised on September 3, 2021 and bids received
on September 17, 2021 . The ITB outlined the equipment specifications and
performance requirements. The prices are based on mobilization to the West
WRF, demobilization from the West WRF, and a six (6) month rental with the
option to rent the equipment longer if required. Two bids were received as
shown in the Bid Tabulation below:
VENDOR MOB/DEMOB MONTHLY COST TOTAL COST
COST
Veolia Water $49,750 $16,450 $148,450
Technologies, Inc.
WesTech $33,110 $29,175 $208,160
Engineering, LLC
Preparation for cleaning and construction of the treatment Unit #1 repairs is
anticipated to begin in October with repairs completed by March 2022. The
disk filter will be delivered to the West WRF as soon as practical.
78
RECOMMENDATION
Staff recommends the City Commission award a contract to Veolia Water
Technologies, Inc. in the amount of$148,450 plus a two month project
contingency ($16,450 per month) for a total of$181,350 for the rental of a
temporary disk filter. Additionally, in the event an agreement with the first
ranked proposer is unable to be completed, authorize the City Manager and
City Attorney to negotiate with the second ranked proposer, which is
WesTech Engineering, LLC in the amount of$208,160 plus a two month
project contingency for a total of$266,510. Finally, authorization for the City
Manager and City Attorney is requested to prepare and execute any and all
applicable contract documents consistent with this Agenda item.
79
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-1
SECTION 00300
MANDATORY BID FORMS
(Mandatory Forms must be submitted with the bid. Failure to submit forms may
disqualify the proposer from the ITB.)
PART 1 GENERAL
1.01 Description
The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER.
Bid is submitted by:
Legal Name (indicate whether sole proprietorship, partnership, or corporation):
Veolia water Technologies, Inc
Address: 945 S Brown School Road
Vandalia, OH 45377
Contact Name: Michael Reyes
Contact Phone Number: +1 (704) 650-0881
Contact E-Mail Address: michael .reyes@veolia . com
1.02 The Undersigned:
A. Acknowledges receipt of:
1. Project Manual for WEST WRF TEMPORARY DISK FILTER.
2. Addenda:
Number 1 dated 9/3/2021
Number
2 . , dated 9/13/2021
B. Has examined the site and all Bidding Documents and understands that in
submitting his Bid, he waives all right to plead any misunderstanding regarding
the same.
C. Agrees:
September 2021 Mandatory Bid Forms 80
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-2
1. To hold this Bid open for 60 calendar days after the bid opening date.
2. To furnish the goods and/or services specified in this ITB at the prices
quoted in my responsive bid and in compliance with the Bidding
Documents.
3. To accept the provisions of the Instructions to Bidders.
4. To negotiate a contract with the OWNER incorporating the bid
amounts, if selected on the basis of this Bid.
5. To receive a City Purchase Order issued by the OWNER at the
submitted Bid Price.
6. To accomplish the work in accordance with the contract documents
and this Project Manual.
7. To deliver the equipment as required by the specifications and as
indicated in his proposal document.
D. Certifies:
1. That all information contained in this bid is truthful to the best of my knowledge
and belief.
2. That I am duly authorized to submit this bid on behalf of the vendor and that the
vendor is ready, willing, and able to perform if awarded the bid.
1.03 Stipulated Amount
A. Base Bid Price
I will provide the equipment and services under this project for a minimum Six-Month Total
Rental Amount (Monthly Rent multiplied by 6) of-
Ninety-Eight thousand, seven-houndred
Dollars ($ 98, 700 . 00 ) and a
One-Time Mobilization/Demobilization Amount of..
Forty-nine Thousand, seven-hundred fifty9, 750 . 00
Dollars ($ _ f.
The Bidder hereby agrees to perform all work as required by this Project Manual for the
following Unit Prices. Work for which there is not a Pay Item will be considered incidental to
the Contract and no additional compensation will be allowed. The OWNER, at his sole option
and discretion, may choose to add or deduct from the unit prices set forth below. The Bidder
shall be paid for actual quantities completed in accordance with the contract documents. The
following is the order of precedence which will be used in case of conflicts within the Bid
Submittal provided by each Bidder: Unit Price, Total Price, Total Base Bid (See attached Bid
Form).
1.04 Bid Submittals
September 2021 Mandatory Bid Forms
81
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-3
A. Completed and signed bid price form and other Mandatory forms in this Section.
B. I have attached all other Mandatory Forms in this Section.
1.05 Submittal
RESPECTFULLY SUBMITTED, signed and sealed this 1 day of 2021.
Bidder
By:
Title �o" .�G yl"�Ze-S' ✓G�us7�wArt/ �-/
ATTEST: SECRETARY SEAL MACGtE MORRIS, Notary its
_ 6n and for lite State of oMo
MY CommissionC*fres Sept Y
September 2021 Mandatory Bid Forms
82
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-4
BID TABULATION
The Bidder hereby indicates the following total units and total prices which represent all materials,
labor, equipment, transportation, performance of all operations relative to performance of the
project, overhead, and costs of all kinds and profit to complete the work items in accordance with
the Project Manual,plans, and permits.
Work for which there is not a listed item below shall be considered incidental to the Contract and
no additional compensation will be allowed. The detailed Schedule of Values shall be provided by
the lowest responsible bidder and be included with their executed contract, as attached.
ITEM
No. DESCRIPTION QUANTITY UNITS UNIT COST TOTAL COST
Mobilization/Demobilization,plus,
• Travel and living expenses to have
one personnel onsite up to 8 hours per
1 day,two trips,up to 3 days each trip. 1 LS $49, 750 . 00
$48, 750 . 00
• Travel and living expenses to have
one personnel onsite up to 8 hours per
day for the last 2 days rental is onsite.
Rental Equipment
20 Disk filter 6 Month $16, 450 . 00
• Spares $98, 700 . 00
• Service Program
TOTAL= $148 , 450 . 00
As Needed Service beyond necessary repairs to
the equipment and exceeding the minimum Rate per Hour
service intervals in Appendix A
Supervision/Project Manager As Needed $160 . 00 To Be Determined
• Onsite&travel time beyond budgeted
Meals per diem travel
&living expenses at
cost+15%
Additional per month rental beyond 6 months
(Rate may not exceed rate quoted for minimum As Needed $16, 945 . 00 To Be Determined
6 month term.
TOTAL BID:
one hundred-forty-eight thousand, two-hundred-f iftYDOLLARS
(In Words)
$ 148, 250 . 00
September 2021 Mandatory Bid Forms
83
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-5
SCRUTINIZED COMPANY CERTIFICATION
Florida Statutes, Sections 287.135 and 215.473
Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not,
bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services
of.
(a) Any amount if, at the time of bidding on, submitting a proposal for, or entering
into or renewing such contract, the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of
Israel; or
(b) One million dollars or more if, at the time of bidding on, submitting a proposal
for, or entering into or renewing such contract, the company:
1. Is on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to s. 215.473; or
2. Is engaged in business operations in Cuba or Syria.
Subject to limited exceptions provided in state law, the City will not contract for the provision of
goods or services with any scrutinized company referred to above. The Contractor must submit
this required certification form attesting that it is not a scrutinized company and is not engaging
in prohibited business operations.
The following shall be grounds for termination of the contract at the option of the awarding
body:
The company is found to have submitted a false certification; been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List; been placed on the Scrutinized Companies that Boycott Israel List
or is engaged in a boycott of Israel; or been engaged in business operations in Cuba or Syria.
The City shall provide notice, in writing, to the Contractor of any determination concerning a
false certification. The Contractor shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active contract
term, the Contractor shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If the
Contractor does not demonstrate that the City's determination of false certification was made in
error then the City shall have the right to terminate the contract and seek civil remedies pursuant
to Section 287.135, Florida Statutes.
THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR
BID RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL
RENDER YOUR BID SUBMITTAL NON-RESPONSIVE.
a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida
Statutes; and
September 2021 Mandatory Bid Forms 84
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-6
b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed
on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; and
c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible
to participate in this solicitation and not listed on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List and, further, are not engaged in business operations in Cuba or Syria; and
d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the City
in writing if any of its company, owners, or principals: are placed.on the Scrutinized
Companies that Boycott Israel List,the Scrutinized Companies with Activities in Sudan
List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;
engage in a boycott of Israel; or engage in business operations in Cuba or Syria.
G� zze
(Authorized S' ature)
I/P ' ' C7 S
(f ranted Name and Title)
(Name of Vendor)
STATE OF
COUNTY OF QTC-<)ME�
The foregoing instrument was acknowledged before me by means of ( V )
physical presence or ( ) online notarization, this VA day of TE E42
2021, by f �F_-rt" +� the Vpfs of
S a
i8j5'2QCI A-TE- [_ who is personally known to me or U who produced
as identification.
o�P
= tom
Notary Public
�O.? Print Name: M VIGC k E f�lp(?-CCAS
My Commission expires: ,SEP F I } aoD- j
MAGGIE MORRIS,Notary Public
In and for the Stag of Ohio
My Commission Expires W1,2023
September 2021 Mandatory Bid Forms
85
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-7
NON-COLLUSION AND CONTINGENT FEES AFFADAVIT
OHO
State off4erid*-
County of 0 N—�-,Cj V ` being
first duly sworn, deposes and says that:
He / She is of J�LL_ A44,, lcciw�f , the
Proposer that has submitted the attached Bid;
He / She is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other proposer, firm or person to submit a
collusive or sham Bid in connection with the contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with
any other Proposer, firm or person to fix the price or prices in the attached Bid or of any other
Proposer, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any
other Proposers, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against the City of Winter Springs or any person interested in the
proposed Contract;
The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its
agents, representatives, owner's employees, or parties in interest, including this affiant; and
The proposer nor any of its officers, partners, owners, agents, representatives, employees or
parties in interest, including this affiant, have not employed or retained any company or person,
other than a bona fide employee working solely for the proposer to solicit or secure this
agreement and that proposer has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the proposer any fee,
commission,percentage, gift, or other consideration contingent upon or resulting from the award
or making of this agreement. For the breach or violation of this provision, the City shall have the
right to terminate the agreement without liability and, at its discretion, to deduct from the
contract price, or otherwise recover, the full amount of such fee, co mission,percentage, gift, or
consideration.
~�&-
(Authorized ignature)
1dLA VP rotes (77S)�rinted Name and Title)
(Name of Vendor)
September 2021 Mandatory Bid Forms
86
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-8
STATE OF 0410
COUNTY OF 06,6 't
The foregoing instrument was acknowledged before me by means of ( ✓) physical
presence or O online notarization, this day of E(}1(SM 2021, by
v- they? Sf--eVt of
L4 O UUCP I . S a
iso o- i A--1 r who is personally known to me or (_) who produced
as identification.
. Notary Public
Print Name:
My Commission expires:
MAGGIE MORRIS, Notary Public
in and for the State of Ohio
My Commission Expires Sept 1,2023
September 2021 Mandatory Bid Forms
87
00300-`I
v,,C:,TWRF TEMPORARY DISK FILTER€ LN
DRUG-FREE WORKPLACE CERTIFICATION
In accordance with Florida Statues 287.087,preference shall be given to businesses with
drug-free workplace programs. Whenever two or more bids which are equal with respect
to price,quality,and service are received by the State or by any political subdivision for
the procurement of commodities or contractual services, a bid received from a business
that certifies that it has implemented a drug-free workplace program shall be given
preference in the award process.
Established procedure for processing the bids will be followed if none of the tied vendors
have a drug-free work place program.
In order to have a drug-free workplace program,a business shall.
A Publish a statement notifying employees that the unlawful manufacture,distribution,
Dispensing,possession,or use of a controlled substance is prohibited in the workplace
and specifying the actions that will betaken against employees for violations of such
prohibition.
Inform employees about the danger of drug abuse in the workplace,the business's policy
maintaining a drug-free workplace,any available drug counseling,rehabilitation,and
employee assistance programs,and the penalties that may be imposed upon employees
for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection(a).
i In the statement specified in subsection(a),notify the employees that,as a condition of
working on the commodities or contractual services that are under bid/proposal,the
employee will abide by the terms of the statement and will notify the employer of any
conviction of,or plea of guilty or nolo contender to,any violation of Chapter 893 or of
any controlled substance law of the United States or any state,for a violation occurring in
the workplace no later than five(5)days after such conviction.
Impose a sanction on,or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community,by any
employee who is so convicted.
f. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement,I certify that this firm complies fully with
the above requirements.
i L bi
(Company)
1A2 ManoL cX^
e&Title)
September 2021
Mandatory Hid Forms
88
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-10
CONFLICT OF INTEREST CERTIFICATION
Before me, the undersigned authority, personally appeared, who was duly sworn,
deposes, and states:
Veolia Water TechnologiesI c
lam the C Brett Neely of with aYocal office in
Vandalia, OH _ and principal office in Vandalia, OH
City and State City and State
The above-named entity is submitting an ITB for the City of Winter Springs described as:
City of Winter Springs
ITB #05-21 JN
WEST WRF TEMPORARY DISK FILTER RENTAL
The Affiant has made diligent inquiry and provides the information contained in this
Affidavit based upon his own knowledge and thereof the following;
a. The Affiant states that only one submittal for the above bid is being submitted and that
the above-named entity has no financial interest in other entities submitting bids for the
same project.
b. Neither the Affiant nor the above-named entity has directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraints of
free competitive pricing in connection with the entity's submittal for the above bid. This
statement restricts the discussion of pricing data until the completion of negotiations if
necessary and execution of the Contract for this project.
c. Neither the entity nor its affiliates, nor anyone associated with them, is presently
suspended or otherwise ineligible from participation in contract letting by any local,
State, or Federal Agency.
d. Neither the entity, nor its affiliates, nor anyone associated with them have any potential
conflict of interest due to any other clients, contracts, or property interests for this project.
e. I certify that no member of the entity's ownership or management is presently applying
for an employee position or actively seeking an elected position with the City of Winter
Springs.
f. I certify that no member of the entity's ownership or management, or staff has a vested
interest in any aspect of the City of Winter Springs.
September 2021 Mandatory Bid Forms
89
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-11
g. In the event that a conflict of interest is identified in the provision of services, I, on behalf
of the above-named entity, will immediately notify the City of Winter Springs.
1(800) 875-4075
Veolia Water Technologies, Inc +1 (937) 890-9925
(Authorized Signafe)�w Name of Business Phone & Fax Number
C BRett Neel -VP Services 945 S Brown School Road Vandalia, OH 45377
1dstri
UVolutions
rmteame and Title) Business Mailing Address City, State, Zip
September 2021 Mandatory Bid Forms
90
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-12
CERTIFICATION A:(Debarment, Suspension and other responsibility matters —Primari!
Covered Transactions}
The prospective primary participant certifies to the best of its knowledge and belief that its
principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal debarment or agency;
b. Have not within a three-year period preceding this proposal, been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records,
making false statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses enumerated
in paragraph(1) (b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local)terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation of this proposal.
Instructions for Certification(A)
By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below;
a. The inability of a person to provide the certification required below will not necessarily
result in denial of participation in this covered transaction. The prospective participant shall
submit an explanation of why it cannot provide the certification set out below. The certification
or explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective primary participant to
furnish a certification or any explanation shall disqualify such person from participation in this
transaction.
b. The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly rendered an erroneous
September 2021 Mandatory Bid Forms
91
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-13
certification, in addition to other remedies available to the Federal Government, the department
or agency may terminate this transaction for cause or default.
C. The prospective primary participant shall provide immediate written notice to the
department or agency to which this proposal is submitted if at any time the prospective primary
participant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
d. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meanings set out in the Definitions and Coverage
sections of the rules implementing Executive Order 12549. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of these
regulations.
e. The prospective primary participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
f. The prospective primary participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion—Lower Tier Covered Transaction,"provided by the department or agency
entering into this covered transaction, without modification, in all lower tier covered transactions
and in all solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines this
eligibility of its principals. Each participant may, but is not required to, check the Non-
procurement List.
h. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph (6) of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
September 2021 Mandatory Bid Forms
92
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-14
transaction, in addition to other remedies available to the Federal Government, the department or
agency may terminate this transaction for cause of default.
Certification B: Debarment Suspension, Inehidbilitr and Voluntar� Exclusion—Lower
Tier Covered Transactions)
a. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended,proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
b. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Certification {B
By signing and submitting this proposal,the prospective lower tier participant is providing the
certification set out below.
a. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
b. The prospective lower tier participant shall provide immediate written notice to the
person to whom this proposal is submitted if at any time the prospective lower tier participant
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
C. The terms covered transaction. debarred. suspended. ineligible, lower tier covered
transaction,participant,person, primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may contact the person to which
this proposal is submitted for assistance in obtaining a copy of these regulations.
d. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
September 2021 Mandatory Bid Forms
93
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-15
e. The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause title "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion—Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitation for lower tier covered transactions.
f. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principles. Each participant may but is not required to, check the Non-
procurement List.
g. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
h. Except for transactions authorized under paragraph (5) of these instructions, if a
participant in a lower covered transaction knowingly enters into a lower tier covered transaction
with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation
in this transaction, in addition to other remedies available to the Federal Government,the
department or agency with which this transaction originated may pursue available remedies
including suspension and/or debarment.
Applicant: VEOLIA WATER TECHNOLOGIES, INC Date: 9/15/2021
Sig ture of Authorized t. rtifying Official: Title:
— VP-Services, Industrial Solutions
Brett Neely
END OF SECTION
September 2021 Mandatory Bid Forms
94
%4
- e
F' f
r -
Winter Springs West Water Reclamation
Facility Temporary Disk Filter Rental
Florida
Representative Contact,
Brian Schuette Mitch Matthews
Moss Kelley,Inc. mmatthews@westech-inc.com
Lake Mary, Florida
(407)805-0063 Sabrina La Plante
bks@mosskelley.com slaplante@westech-inc.com
WE SME C* .. Proposal Number: 2160376
Wednesday,September 15, 2021
95
Table of Contents
Bid Forms
Project Clarifications and Exceptions
General Arrangement Drawing
Rental Agreement
SME V.F4 Proposal:2160376_Rev1
96
Bid Forms
WIE SME C: Proposal: 2160376_Rev1
97
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-1
SECTION 00300
MANDATORY BID FORMS
(Mandatory Forms must be submitted with the bid. Failure to submit forms may
disqualify the proposer from the ITB.)
PART 1 GENERAL
1.01 Description
The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER.
Bid is submitted by:
Legal Name(indicate whether sole proprietorship,partnership,or corporation):
WesTech Engineering,LLC
Address:
3665 S. West Temple, Salt Lake Citi..Utah 84115
Contact Name:
Mitch Matthews
Contact Phone Number:
801.265.1000
Contact E-Mail Address:
munisalesr( westech-inc.com
1.02 The Undersigned:
A. Acknowledges receipt of:
1. Project Manual for WEST WRF TEMPORARY DISK FILTER.
2. Addenda:
Number 1 ,dated September.13,2021
Number ,dated_
B. Has examined the site and all Bidding Documents and understands that in
submitting his Bid, he waives all right to plead any misunderstanding regarding
the same.
C. Agrees:
September 2021 Mandatory Bid Forms
98
WEST WRF TEMPORARY DISK FILTER RENTAL _ _ 00300-2
1. To hold this Bid open for 60 calendar days after the bid opening date.
2. To furnish the goods and/or services specified in this ITB at the prices
quoted in my responsive bid and in compliance with the Bidding
Documents.
3. To accept the provisions of the Instructions to Bidders.
4. To negotiate a contract with the OWNER incorporating the bid
amounts, if selected on the basis of this Bid.
5. To receive a City Purchase Order issued by the OWNER at the
submitted Bid Price.
6. To accomplish the work in accordance with the contract documents
and this Project Manual.
7. To deliver the equipment as required by the specifications and as
indicated in his proposal document.
D. Certifies:
I. That all information contained in this bid is truthful to the best of my knowledge
and belief.
2. That I am duly authorized to submit this bid on behalf of the vendor and that the
vendor is ready, willing, and able to perform if awarded the bid.
1.03 Stipulated Amount
A. Base Bid Price
I will provide the equipment and services under this project for a minimum Six-Month Total
Rental Amount(Monthly Rent multiplied by 6) of:
One hundred seventv-five thousand fifrN Dollars($ 175,050 ) and a
One-Time Mobilization/Demobilization Amount of..
Thirty-three thousand,one hundred ten Dollars ($ 33.110 !.
The Bidder hereby agrees to perform all work as required by this Project Manual for the
following Unit Prices. Work for which there is not a Pay Item will be considered incidental to
the Contract and no additional compensation will be allowed. The OWNER, at his sole option
and discretion, may choose to add or deduct from the unit prices set forth below. The Bidder
shall be paid for actual quantities completed in accordance with the contract documents. The
following is the order of precedence which will be used in case of conflicts within the Bid
Submittal provided by each Bidder: Unit Price, Total Price, Total Base Bid (See attached Bid
Form).
1.04 Bid Submittals
September 2021 Mandatory Bid Forms
99
WEST WRF TEMPORARY DISK FILTER RENTAL __ _ 00300-3
A. Completed and signed bid price form and other Mandatory forms in this Section.
B. I have attached all other Mandatory Forms in this Section.
1.05 Submittal
RESPECTFULLY SUBMITTED,signed and sealed this 15 day of Se;,t ,2021.
Bidder
By:
,•
t. ..� -'�) Title Vice President
ri . ''•.'Qi,L
e A •• \2833.49
UJ
=S'� ,vim;• ; ;n
ATTEST: SECRETARY SEAL
?021 2
may% UTAH �`••
September 2021 Mandatory Bid Forms
100
WEST WRF TENWORARY DISK FILTER RENTAL 00300-4
BID TABULATION
The Bidder hereby indicates the following total units and total prices which represent all materials,
labor, equipment, transportation, performance of all operations relative to performance of the
project, overhead, and costs of all kinds and profit to complete the work items in accordance with
the Project Manual,plans,and permits.
Work for which there is not a Iisted item below shall be considered incidental to the Contract and
no additional compensation will be allowed. The detailed Schedule of Values shall be provided by
the lowest responsible bidder and be included with their executed contract, as attached.
ITEM —No. _ DESCRIPTION UNITS_ UNIT COST_ TOTAL COST
Mobilization/Demobilization,plus,
• Travel and living expenses to have
one personnel onsite up to 8 hours per
1 day,two trips,up to 3 days each trip. 1 LS $33,110 $33,110
• Travel and living expenses to have
one personnel onsite up to 8 hours per
dw,for the last 2 dkN s rental is onsite.
Rental Equipment
2 • Disk filter 6 Month
• Spares $29,175/Moth $175,050
• Servicesram —
TOTAL= $208,160
As Needed Service beyond necessary repairs to
the equipment and exceeding the minimum Rate per Hour
service intervals in A):endix A
Supervision/Project Manager As Needed To Be Determined
• Onsite&travel time beyond budgeted $180/Hour
Meals per diem travel
&living expenses at
_ cost+15% _
Additional per month rental beyond 6 months
(Rate may not exceed rate quoted for minimum As Needed $29,l75/Moth To Be Determined
6 month tem�
_r
TOTAL BID:
Two hundred ei zht thousand,one hundred Sixty DOLLARS
(In Words)
$ $208,160
*Rental Security Deposit of$10,000 received prior to unit leaving WesTech Yard.Deposit will be refunded on
return of equipment to WesTech Yard in clean condition with normal wear and tear.Bid is contingent upon
acceptance and mutual agreement of attached WesTech Master Rental Agreement and Clarifications at time of
I contract execution.
September 2021 Mandatory Bid Forms
101
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-5
SCRUTINIZED COMPANY CERTIFICATION
Florida Statutes, Sections 287.135 and 215.473
Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not,
bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services
of:
(a) Any amount if, at the time of bidding on, submitting a proposal for, or entering
into or renewing such contract, the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of
Israel; or
(b) One million dollars or more if, at the time of bidding on, submitting a proposal
for,or entering into or renewing such contract, the company:
1. Is on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to s. 215.473; or
2. Is engaged in business operations in Cuba or Syria.
Subject to limited exceptions provided in state law,the City will not contract for the provision of
goods or services with any scrutinized company referred to above. The Contractor must submit
this required certification form attesting that it is nota scrutinized company and is not engaging
in prohibited business operations.
The following shall be grounds for termination of the contract at the option of the awarding
body:
The company is found to have submitted a false certification; been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List; been placed on the Scrutinized Companies that Boycott Israel List
or is engaged in a boycott of Israel; or been engaged in business operations in Cuba or Syria.
The City shall provide notice, in writing, to the Contractor of any determination concerning a
false certification. The Contractor shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active contract
term, the Contractor shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If the
Contractor does not demonstrate that the City's determination of false certification was made in
error then the City shall have the right to terminate the contract and seek civil remedies pursuant
to Section 287.135,Florida Statutes.
THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR
BID RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL
RENDER YOUR BID SUBMITTAL NON-RESPONSIVE.
a. The Vendor, owners, or principals are aware of the requirements of Section 287.135,Florida
Statutes; and
September 2021 Mandatory Bid Forms
102
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-6
b. The Vendor, owners,or principals are eligible to participate in this solicitation and not listed
on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel;and
c. For contracts of one million dollars or more,the Vendor,owners,or principals are eligible
to participate in this solicitation and not listed on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List and, further,are not engaged in business operations in Cuba or Syria; and
d. If awarded the Contract,the Vendor,owners, or principals will immediately notify the City
in writing if any of its company,owners, or principals: are placed on the Scrutinized
Companies that Boycott Israel List,the Scrutinized Companies with Activities in Sudan
List,or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;
engage in a boycott of Israel;or engage in business operations in Cuba or Syria.
Authorized Signature)
( rinted Name and Title)
WesTech Enaineerina LLC
(Name of Vendor)
STATE OF Utah
COUNTY OF Salt Lake
The foregoing instrument was acknowledged before me by means of C_�6
physical presence or is t online notarization, this 15 day of September_ ,
2021, by rj_ 14_'11-4 the JhL�2-((:-EI l T of
a
who is personally known to me or U who produced
as identification.
AxftL IL GARM
051 NOWY PUW Swe of Utah 'rotary Public
Mir CowAosw Up+rs on-
12
n- `` W`� f
21,2024 Print Name:0AjDe4 A- A •l
OMM
ner.: xtiix
My Commission expires:
September 2021 Mandatory Bid Forms
103
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-7
i NON-COLLUSION AND CONTINGENT FEES AFFADAVIT
f State of Florida- Utah
County of Salt Lake , being
first duly sworn, deposes and says that:
He / She is Vice President of WesTech Engineering,LLC the
Proposer that has submitted the attached Bid;
He/ She is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other proposer, firm or person to submit a
collusive or sham Bid in connection with the contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with
any other Proposer, firm or person to fix the price or prices in the attached Bid or of any other
Proposer, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any
other Proposers, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against the City of Winter Springs or any person interested in the
proposed Contract;
The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its
agents,representatives,owner's employees, or parties in interest, including this affiant;and
The proposer nor any of its officers, partners, owners, agents, representatives, employees or
parties in interest, including this affiant, have not employed or retained any company or person,
other than a bona fide employee working solely for the proposer to solicit or secure this
agreement and that proposer has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the proposer any fee,
commission,percentage, gift, or other consideration contingent upon or resulting from the award
or making of this agreement. For the breach or violation of this provision,the City shall have the
right to terminate the agreement without liability and, at its discretion, to deduct from the
contract price, or otherwise recover, the full amount of such fee, commission,percentage, gift, or
consideration.
(Auth rized Signature)
Cram°N.Martin,Vice President _
(Printed Name and Title)
WesTech Engineering,LLC
(Name of Vendor)
September 2021 Mandatory Bid Forms
104
WEST WRF TEMPORARY DISK FILTER RENTAL _ 00300-8
STATE OF Utak
COUNTY OF Salt Lake
The foregoing instrument was acknowledged before me by means of (_) physical
presence or online notarization, this _15 day of Se; tember , 2021, by
'w h T the yj j� of
`# _ y, a
G (� who is personally known to me or (_) who produced
as identification.
utAOu N. QiurcIA
Notary pwk su to at utan Notary Public
ieAu9W
Mx CM W W Expires on:
21, 2024 Print Name:Aftd4--
CorrN. ; 1 i 3i2�
9 Lf
My Commission expires: �•4-7
September 2021 Mandatory Bid Forms
105
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-9
DRUG-FREE WORKPLACE CERTIFICATION
In accordance with Florida Statues 287.087, preference shall be given to businesses with
drug-free workplace programs. Whenever two or more bids which are equal with respect
to price, quality, and service are received by the State or by any political subdivision for
the procurement of commodities or contractual services, a bid received from a business
that certifies that it has implemented a drug-free workplace program shall be given
preference in the award process.
Established procedure for processing the bids will be followed if none of the tied vendors
have a drug-free work place program.
In order to have a drug-free workplace program, a business shall:
a. Publish a statement notifying employees that the unlawful manufacture,distribution,
Dispensing,possession,or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
b. Inform employees about the danger of drug abuse in the workplace,the business's policy
maintaining a drug-free workplace,any available drug counseling,rehabilitation,and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
c. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection(a).
d. In the statement specified in subsection(a),notify the employees that, as a condition of
working on the commodities or contractual services that are under bid/proposal,the
employee will abide by the terms of the statement and will notify the employer of any
conviction of,or plea of guilty or nolo contender to, any violation of Chapter 893 or of
any controlled substance law of the United States or any state,for a violation occurring in
the workplace no later than five(5) days after such conviction.
e. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
f. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
WesTech En.Aneer4?,LLC
(Company)
_ Vice President
(Signatu._ &Title)
September 2021 Mandatory Bid Forms
106
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-10
CONFLICT OF INTEREST CERTIFICATION
Before me, the undersigned authority, personally appeared, who was duly sworn,
deposes,and states:
I am the _Vice President of WesTech Engineering,LLC_ with a local office in
Salt Lake Cit_v,Utah and principal office in Salt Lake Cit Utah
City and State City and State
The above-named entity is submitting an ITB for the City of Winter Springs described as:
City of Winter Springs
ITB#05-21 JN
WEST WRF TEMPORARY DISK FILTER RENTAL
The Affiant has made diligent inquiry and provides the information contained in this
Affidavit based upon his own knowledge and thereof the following;
a. The Affiant states that only one submittal for the above bid is being submitted and that
the above-named entity has no financial interest in other entities submitting bids for the
same project.
b. Neither the Affiant nor the above-named entity has directly or indirectly entered into any
agreement,participated in any collusion, or otherwise taken any action in restraints of
free competitive pricing in connection with the entity's submittal for the above bid.This
statement restricts the discussion of pricing data until the completion of negotiations if
necessary and execution of the Contract for this project.
c. Neither the entity nor its affiliates,nor anyone associated with them,is presently
suspended or otherwise ineligible from participation in contract letting by any local,
State, or Federal Agency.
d. Neither the entity,nor its affiliates,nor anyone associated with them have any potential
conflict of interest due to any other clients,contracts, or property interests for this project.
e. I certify that no member of the entity's ownership or management is presently applying
for an employee position or actively seeking an elected position with the City of Winter
Springs.
f. I certify that no member of the entity's ownership or management, or staff has a vested
interest in any aspect of the City of Winter Springs.
September 2021 Mandatory Bid Forms
107
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-11
g. In the event that a conflict of interest is identified in the provision of services, I,on behalf
of the above-named entity, will immediately notify the City of Winter Springs.
p 801.265.1000
WesTech Engineering,LLC f 801.265.1080
(Authorized Signature) Name of Business Phone&Fax Number
Craig N.Martin,Vice President 3665 S. West Temple _ Salt Lake Cita,UT 84115
(Printed Name and Title) Business Mailing Address City, State,Zip
1
September 2021 Mandatory Bid Forms
108
WEST WRF TEMPORARY DISK FILTER RENTAL _ 00300-12
CERTIFICATION A: (Debarment. Sus )ension and other res )onsibility matters—Primary
Covered Transactions i
The prospective primary participant certifies to the best of its knowledge and belief that its
principals:
a. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or
voluntarily excluded from covered transactions by any Federal debarment or agency;
b. Have not within a three-year period preceding this proposal,been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)
transaction or contract under a public transaction;violation of Federal or State antitrust statutes
or commission of embezzlement,theft, forgery,bribery, falsification, or destruction of records,
making false statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(Federal, State,or local)with commission of any of the offenses enumerated
in paragraph(1) (b)of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more
public transactions(Federal, State,or local)terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation of this proposal.
Instructions for Certification A�
By signing and submitting this proposal,the prospective primary participant is providing the
certification set out below;
a. The inability of a person to provide the certification required below will not necessarily
result in denial of participation in this covered transaction. The prospective participant shall
submit an explanation of why it cannot provide the certification set out below. The certification
or explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective primary participant to
furnish a certification or any explanation shall disqualify such person from participation in this
transaction.
b. The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly rendered an erroneous
September 2021 Mandatory Bid Forms
109
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-13
certification, in addition to other remedies available to the Federal Government,the department
or agency may terminate this transaction for cause or default.
C. The prospective primary participant shall provide immediate written notice to the
department or agency to which this proposal is submitted if at any time the prospective primary
participant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
d. The terms covered transaction,debarred,suspended, ineligible, lower tier covered
transaction,participant,person,primary covered transaction,principal,proposal, and voluntarily
excluded, as used in this clause,have the meanings set out in the Definitions and Coverage
sections of the rules implementing Executive Order 12549. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of these
regulations.
e. The prospective primary participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,declared ineligible,or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
f. The prospective primary participant further agrees by submitting this proposal that it will
include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion—Lower Tier Covered Transaction,"provided by the department or agency
entering into this covered transaction,without modification, in all lower tier covered transactions
and in all solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible,or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines this
eligibility of its principals. Each participant may, but is not required to, check the Non-
procurement List.
h. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph(6)of these instructions,if a
participant in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible,or voluntarily excluded from participation in this
September 2021 Mandatory Bid Forms
110
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-14
transaction,in addition to other remedies available to the Federal Government,the department or
agency may terminate this transaction for cause of default.
Certification B: (Debarment,Suspension.Ineliggibility and Voluntary Exclusion—Lower
Tier Covered Transactions)
a. The prospective lower tier participant certifies,by submission of this proposal,that
neither it nor its principals is presently debarred, suspended,proposed for debarment, declared
ineligible,or voluntarily excluded from participation in this transaction by any Federal
department or agency.
b. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Certification L B j
By signing and submitting this proposal,the prospective lower tier participant is providing the
certification set out below.
a. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification,in addition to other
remedies available to the Federal Government,the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
b. The prospective lower tier participant shall provide immediate written notice to the
person to whom this proposal is submitted if at any time the prospective lower tier participant
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
C. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant,person,primary covered transaction,principal,proposal, and voluntarily
excluded,as used in this clause,have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may contact the person to which
this proposal is submitted for assistance in obtaining a copy of these regulations.
d. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into,it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,declared ineligible, or voluntarily
excluded from participation in this covered transaction,unless authorized by the department or
agency with which this transaction originated.
September 2021 Mandatory Bid Forms
111
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-15
e. The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause title"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion—Lower Tier Covered Transaction,"without modification, in all lower tier
covered transactions and in all solicitation for lower tier covered transactions.
f. A participant in a covered transaction may rely upon a certification of a prospective
Iparticipant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principles. Each participant may but is not required to,check the Non-
procurement List.
g. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
h. Except for transactions authorized under paragraph(5)of these instructions, if a
participant in a lower covered transaction knowingly enters into a lower tier covered transaction
with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation
in this transaction, in addition to other remedies available to the Federal Government,the
department or agency with which this transaction originated may pursue available remedies
including suspension and/or debarment.
Applicant: Date:
WesTech Engineering,LLC 9/15/21
Signature of Authorized Certifying Official: Title:
Vice President
END OF SECTION
September 2021 Mandatory Bid Forms
112
Project Clarifications and Exceptions
Chemical Addition Chemical addition may be required to achieve an effluent of less than 5 mg/L of TSS
based on an influent maximum of 30 mg/L TSS.Chemical supply and dosing equipment not included.
Unit Head Requirements:Customer responsibility below
• 11 ft of head required to enter unit at the max hydraulic flow of 1,800 gpm
• 8 ft internal water level and 3 ft pipe loss within the unit
• 4 ft head available at outlet of nozzle
Interconnecting piping,electrical, pumping,hydraulic calculations for plant layout and integration are
responsibility of others.
Rental Unit Nozzle Sizes
• Inlet Nozzle: 10"
• Outlet Nozzle:10"
• Backwash Nozzle:6"
Spare Parts Not Included:Items listed below are generally not required to replace during short term
rentals.Spare parts are not currently readily available.
• Minimum 2 panels/pieces
• All sprockets
• PLC and 1/0 modules
• Electrical components
Spare Parts Not on Rental Unit
• Pressure Switches
• Pulleys
Replacement Filter Discs Cassettes:The unit will come complete with necessary filter disc cassettes,
along with an additional two(2) cassettes. If further replacement filter discs cassettes are required,they
are available from WesTech at$500 per cassette or$5,000 per disc of cassettes. Freight is not included
in this price.
Chemical Cleanout:WesTech does not require chemical clean out of the unit prior to return.Customer
is responsible for running clean water through the unit and pressure wash inside the unit prior to return.
WesTech does not include chemicals for cleaning of unit prior to return to WesTech.
Rental Equipment Wear Parts:Any wear items which need to be replaced are the responsibility of the
customer and can be purchased through WesTech at a discounted rate.
Process Performance Guarantee:WesTech has not included a process performance guarantee.Any
estimates of treated water quality are for reference only and do not constitute a guarantee.
Security Deposit:Security deposit payment of$10,000 must be received prior to unit leaving WesTech
yard. Deposit will be refunded on return of equipment to WesTech Yard in clean condition with normal
wear and tear.
Proposal: 2160376_Revl
113
Taxes are not included in any pricing above and will be added to all invoices.
WesTech Master Rental Agreement must be signed at time of Purchase Order receivable.
Unit Availability:Proposal is subject to unit availability. Please contact WesTech prior to Purchase Order
to confirm unit availability. Earliest unit availability for this equipment for arrival to job site on January
26,2022.
Minimum Rental Period of 6 Months is required.
Performance and&Maintenance Service for months 2 and 4 of a 6 month rental period is included in
monthly rental price.
9
syk
� C Proposal:2160376_Rev1
114
General Arrangement Drawing
"TECH .
Proposal: 2160376_Rev1
115
CONNECTION TABLE
NO—ME SIZE TYPE DESCRIPTION
A 10" 150#RFWN SUPERDISC!NLET
B 10" 150#RFWN CLEARWELL OU FLET
C 6 150#RFWN BACK WASH
D 2" BALL VALVF MNPT DRAIN SUPERDISC
E 2" BALL VALVE MNPT DRAIN CLEARWELL
h
II _—
I! I
II
r
W
ISOMETRIC V&STIECH
FBJA:EE
ML—RV
:W
RENTAL STANDARD ONLY WIESFE C�p
1M awec l�oORa�".moa°F�a miNCpn�EKlN0f14NQCBA�„M1POf1FdNOMtW Twu[em�4lic�11iTO
TTfLE GENERAL ARRANGEMENT
MODULAR SUPERDISC
R591-M-GA-01
CEO�ER C.EMR AGFAOIER DATE
GL02 SC31 H075 2021-0843
- -
GU02 SQ1 JOBNUMET REVBER DOCUMEVTNUMBER SHE
DESIGNER AaaR R591 0001697938 1 OF 1 A
116
Rental Agreement
This Master Rental Agreement"MRA" is made by and between WesTech Engineering, LLC or its named
successors(Lessor),herein referred to as"WesTech" located at 3665 South West Temple,Salt Lake City,
Utah,84115 and Click here to enter text.(Lessee),whose principal business is located at Click here to
enter text.The project site is to be disclosed on a per-project basis and must be within the USA or
Canada.
In consideration of the mutual covenants herein contained and other good and valuable consideration,
the parties above named hereby agree as follows:
1. Duration of Agreement
a. This Agreement shall remain in effect for a period of one(1)year or until canceled by
either party by giving the other party ten (10)days written notice at the respective
addresses as listed above.However,with respect to any rentals in progress as of the
date of the cancellation,this Agreement shall continue in effect until the rental term has
expired.This Agreement shall automatically renew on the anniversary date each year
unless ten(10)days written notice to the contrary is given by either party.This
Agreement does not obligate Lessee to lease Equipment from Lessor, nor does it
obligate Lessor to accept an order for rental Equipment,but it,together with any
applicable rental quote,shall control and govern all Equipment rented by Lessee and
shall define the rights and obligations of Lessor and Lessee during the term hereof.
2. Rental Period
a. Unless otherwise agreed to in writing by Lessor and Lessee,the rental period shall
commence on the day the Equipment leaves the Lessor's facility and shall continue until
the Equipment is decontaminated and returned to Lessor's facility clean,free of all
foreign materials,liquid or solid,and without damage otherthan normal wear and tear
b. All rentals shall be on a weekly,28 day,or monthly rate term unless the parties
specifically stipulate to the contrary. Lessee acknowledges,and agrees to, minimum
rental term durations in order to obtain pricing discounts offered by Lessor.
c. Cancellation for any reason after the minimum lease term shall constitute Termination
of a rental project.
d. Cancellation or Termination of a rental project for any reason shall require Lessee to
return the Equipment to Lessor's premises at Lessee's expense,unless prior agreement
was made in writing with Lessor as part of the project Quote or agreed to in writing with
Lessor prior to Lessee giving notice of Cancellation or Termination of the contract.
Lessee shall arrange for the Equipment to be picked up by a freight carrier within 3
business days and transported to a designated Lessor premises within 10 calendar days.
Lessee shall provide documentation of Equipment pickup and tracking to Lessor. If
equipment is not returned to Lessor in a timely manner,Lessor will arrange for return
freight a nd Lessee will be responsible for all costs associated with returning the
equipment to Lessor.
WF.SME C M' Proposal: 2160376_Rev1
117
e. In the case of Lessee payment default or Lessee failure to return Equipment, Lessee
hereby agrees that it shall grant Lessor access to the Leased Equipment location and
shall permit Lessor to take possession of and remove the Leased Equipment without
resort to legal process and hereby releases Lessor from any claim or right of action for
trespass or damages caused by reason of such entry and removal.
3. Equipment Rental
a. "Equipment"as referenced herein shall mean any piece of equipment provided to
Lessee by the Lessor.
b. "Quote or Quotes" is a Proposal for Rental of Equipment which Lessor will prepare from
time to time as requested by Lessee.
c. "Contract" is a Lessor Quote in which any portion of the quote results in an Equipment
lease, rental period,or extension thereof to Lessee.
d. The Lessee shall pay for rental of the Equipment forthe rental period in accordance with
the rates and terms stipulated in Lessor's Quote(s)which is/are incorporated and made
a part of this Agreement.The Lessee shall pay for an operator's services in accordance
with the rates and terms stipulated in the Quotes(s).
Any extensions or cancellations of this Agreement must be agreed to by Lessor in
writing and may affect the rental fees.
4. Inspection of Equipment
a. Before the Equipment is loaded for transit to the Lessee;the Lessee may require an
inspection thereof by a qualified inspector. If the Equipment is not in a satisfactory
condition,the Lessor shall pay for the reasonable cost of such inspection.
b. The Lessor shall have the right at any time,and from time to time,during normal
business hours,to enter the premises occupied by the Equipment and shall be given
free access thereto and afforded necessary facilities for the purpose of inspection.
Lessor shall give Lessee 24 hours notice before inspection.
5. Loading,Unloading,and Transportation
a. The Lessee at his own expense shall be responsible for transporting the Equipment to
the job site and shall remain responsible for the Equipment and any expenses incurred
for shipping,loading,or unloading of the Equipment as well as any demurrage charges
I until the Equipment is unloaded upon return to Lessor's facility. If the Lessee is directed,
in writing by the Lessor,to return the Equipment to a place otherthan the Lessor's
facility,the Lessee shall do so, but shall only pay the shipping expenses up to but not
beyond the amount which would have been required to return the Equipment to the
Lessor's facility. If Lessee contracts Lessor to deliver the Equipment to Lessee's job site
or to return the Equipment to Lessor's facility,then Lessor shall be responsible for the
Equipment while it is in transit on Lessor's truck.
b. The Equipment shall not be removed by the Lessee from the Project Site without the
express written consent of Lessor.
Proposal:2160376_Rev1
118
c. The party responsible for transportation shall also be responsible for full insurance of
the Equipment during transportation.
6. Scope of Lease:As stated in Lessor's Quote(s).
7. Responsibilities of the Lessee
a. During the term of this Agreement or any extension hereof,Lessee shall be responsible
for and pay the cost of all necessary repairs, maintenance and replacement of parts as
required to correct any and all damage to the Equipment occurring during the Lease
Term; provided, however,that any and all repairs shall only be made with the prior
approval of Lessor.Any and all replacement parts used in performing any repairs shall
be genuine replacement parts approved by Lessor. Lessee shall, at its own cost and
expense, keep the equipment clean,in good repair,properly lubricated,properly
housed,perform proper maintenance,and replace normal wear items.
b. Lessee shall only allow operators who have been trained and received certification or
written permission by Lessor to use,operate,maintain,or repair the Equipment. Lessee
shall at all times use the Equipment in a careful and prudent manner.
c. Lessee shall return the Equipment to Lessor in the same condition as received from
Lessor with normal wear and tear. If returned equipment shows signs of abuse, neglect,
excessive wear, or transportation damage, Lessee shall be responsible for repair charges
of the same. Lessee is responsible for ensuring compatibility of process water with
rental equipment coatings and materials of construction. Lessor makes no guarantee of
compatibility nor fitness of equipment compatibility with Lessee's water streams nor
chemicals which Lessee may use in conjunction with the equipment. Lessee will be
charged up to the full replacement value of the equipment for damage to rental
equipment due to chemical attack from process water which causes coating or material
damage to the rental equipment.Chemical attack includes but is not limited to free
hydrocarbons and chlorides.
d. Consumables (including media,filters,dewatering liners,membranes,etc.)and items
excessively corroded by harsh process water are Lessee's responsibility, unless
stipulated otherwise in Lessor's Quote(s).
e. Lessee shall provide Lessor with accurate and up-to-date water quality reports,including
necessary measurements and data for the Equipment to reliably treat water if Lessor's
Quote includes a project specific treated water guarantee.Should any additional
equipment,field service,chemicals,etc. be required to treat water to different
specifications than those given to Lessor,or as stated in Lessor's Quote,those costs and
any associated damages and risks will be borne by the Lessee. Regardless of water
quality,the Equipment will continue to be invoiced as stated in the Quote pricing terms
and there will be no lapse in payment. If client would like to remove equipment from
site due to inaccurate water quality data,early rental project termination will apply.
f. In connection with the delivery of the Equipment to the Project Site, Lessee shall sign an
inventory listing emailed with the rental Equipment. Listing will include an itemizing of
the equipment,spare parts,and accessories delivered.In the event Lessee fails to
acknowledge receipt to the Lessor of the Equipment inventory list by return email or
WESTEC H` Proposal:2160376_Revl
119
fails to note any missing items within 24 hours of Equipment delivery to the Lessor for
any reason but accepts delivery of the Equipment at the job site,then Lessee accepts
the email inventory as fully accurate.
g. Lessee shall provide all utilities,chemicals, lubricants,coolants,expendable parts,
storage,dunnage,civil works, permits, and other items necessary during the rental
period unless these items are specifically included in Lessor's Quote and purchased by
Lessee.
h. Lessee shall provide sufficient winterization equipment and other facilities to ensure the
protection of the Equipment from frost,rain,snow,hail,or other weather-related
impacts or damage,unless specifically noted otherwise agreed to.
i. Lessee shall perform all normal maintenance necessary to keep the equipment in good
running order.
j. Lessee agrees to comply with all municipal,state,provincial, and federal laws relating to
the operation, handling,and transporting of the Equipment and any byproducts thereof.
k. The Equipment shall be fully cleaned prior to being returned and in an un-marred
condition. Unless otherwise agreed to in writing by Lessor and Lessee,the rental period
shall commence on the day the Equipment leaves the Lessor's facility and shall continue
until the Equipment is decontaminated and returned to Lessor's facility clean,free of all
foreign materials, liquid or solid, and without damage other than normal wear and tear.
All rentals shall be on a day-to-day basis unless the parties specifically stipulate to the
contrary.
I. Lessee shall not make any modifications to the Equipment without the express written
permission of Lessor.
8. Document Primacy
a. This document addresses Rental of Equipment and is not a Master Service Agreement
"MSA"and must be agreed to separately from any previously agreed to MSA.
b. This Master Rental Agreement"MRA"supersedes all written,implied,or otherwise
previously agreed to Master Rental Agreements between Lessor and Lessee.
c. Portions of this document may be amended within Lessor's quote(s)on a case-by-case
basis.
s'Fl—=C: Proposal:2160376 Revl
120
9. Payments
a. Lessor shall invoice Lessee monthly for the use of the Equipment. All payments shall be
made by Lessee to Lessor in U.S. Dollars.
b. A security deposit to Lessor is required from Lessee to reserve Equipment, due
immediately upon notification of a rental contract award from Lessee.Security deposit
is due upon invoice, net 0,to secure equipment.The deposit is refunded in whole at the
end of the Equipment lease period, providing Equipment is returned in good condition,
with normal wear and tear,and cleaned in accordance with the requirements outlined
in this Agreement. Lessee will be notified of any costs which may be deducted from the
security deposit at the end of the rental period and given the opportunity to correct any
issues before any charges are applied against the security deposit.
c. Unless otherwise agreed to in Lessor's Quote,the initial rental invoice will be issued
upon Equipment release from Lessor's premises and will include first and last month
equipment rental fees. If freight or equipment set-up is in the project contract,said
expenses will also be included in the initial invoice.
d. The initial invoice will include the rental charges from the date upon which Equipment
left the Lessor's premises through the end of the first billing rate term.
e. All subsequent invoices will be issued on or before the 10th of every month and will
cover the subsequent billing period(s)as applicable.The final invoice will be prorated
from the beginning of the final rental billing term through the end of the rental contract.
In the event an extension of the Equipment rental is requested by the Lessee,thirty(30)
calendar days'notice is required. If an extension is not agreed to prior to the final billing
rate term of a rental contract and Equipment is not returned in clean, in good condition,
etc.,all time calculations will be forward pro-rated at a weekly rate equal to one-half of
the monthly rate,and a daily rate equal to one-half of the weekly rate.
g. if Lessee terminates the Contract for convenience, Lessee shall pay the entirety of the
contract, less 10%. If the contract has been extended past the original lease term on a
month-to-month basis,the full month of charges is due for any portion of a month used
and is not pro-rated.
h. In the event that any payment in not received when due, interest shall accrue on the
amount overdue at rate of 1.5%per month or 18% per year.
I. Interest on unpaid balance shall be simple interest and shall accrue only on the unpaid
principal balance due and owing. Interest shall accrue from the date a payment is due.
j. Contract payment will be considered in default if payment due is in excess of sixty(60)
days past original payment terms.
k. Lessee shall communicate in writing to Lessor any invoice errors,discrepancies,or
disputes within five(5) business days of the invoice date. If such communication is not
so made,the invoice will be deemed to be approved and Lessee shall forever waive any
error,discrepancy,or dispute of which it was aware or through due diligence could have
+ become aware.
I
s7F1EC" Proposal:2160376_Rev1
121
10. Ownership of Equipment
a. Rental equipment is expressly not for sale during the Lease Term. Lessor shall remain
the owner of the Equipment at all times. Lessee offers new equipment with a typical
delivery period of 22 to 40 weeks depending on equipment model.
b. In the case of Lessee payment default or Lessee failure to return Equipment,Lessee
hereby agrees that it grants Lessor the right to access the Leased Equipment location,to
enter onto the Project site,and shall permit Lessor to take possession of and remove
the Equipment without resort to legal process,and hereby releases Lessor from any
claim or right of action for trespass or damages caused by reason of such entry and
removal.This grant of authority shall be irrevocable by Lessee until all the Equipment is
returned to Lessor's premises.
c. The Equipment is,and shall at all times remain,the property of the Lessor,and the
Lessee shall have no right,title or interest therein,or thereto except the right of
possession and use of the Equipment pursuant to the terms of this Agreement. Lessee
shall not remove or deface any plate or marking on the Equipment identifying Lessor as
the owner of the Equipment or the manufacturer's serial number.The Equipment is,and
shall at all times remain,personal property notwithstanding that the Equipment or any
part thereof may now be,or hereafter become, in any manner affixed or attached to
any other personal or real property.The Lessee shall keep the Equipment free and clear
of any and all levies,liens,security interest and encumbrances of any kind,and shall give
the Lessor prompt notice of any attachment or judicial process affecting the Equipment.
11. Potential Freezing Conditions
a. If equipment is to be operated in potentially freezing conditions,care is to betaken to
ensure that equipment,consumables,and spares are not damaged.Lessee is
responsible for freezing related damage.
12. Damage to Equipment
a. The Lessee shall be liable to the Lessor for all loss or damage to the Equipment,while it
is in possession of the Lessee,except as limited by the"Special Conditions"section of
this Agreement.The Lessee shall advise the Lessor within seven (7)days of the receipt
of the Equipment of any shortages or damage claim that it might have and unless such
notice is given within such period such initial claim for shortage or damage occurring
prior to operation of the Equipment shall be invalid and unenforceable.
b. In the event of partial or total loss to the Equipment while in the possession of the
Lessee,Lessee shall immediately notify Lessor of such. "Special Conditions"section of
this Agreement will govern the repair of the damaged Equipment.
c. Upon return of the Equipment and after inspection by the Lessor,the Lessee shall be
liable and agrees to pay to the Lessor all loss or damage to the Equipment,except to the
extent such loss or damage arises out of or is the direct or indirect result of the
negligence or willful misconduct of Lessor.The rental period will be suspended until
Lessor renders an invoice for the repair or replacement cost of the Equipment. Lessee
agrees to pay,within thirty(30)days of receipt of invoice the repair or replacement cost
WE SME C W*�' Proposal:2160376_Rev1
122
of the Equipment as established by Lessor,which the parties agree is the current fair
replacement value of the Equipment.The rental period will recommence when Lessor
renders the invoice for repair or replacement cost and shall continue until payment for
repair or replacement is received by Lessor.
13. Special Conditions
a. Notwithstanding any provisions contained herein to the contrary, if the Equipment
should require repair for any reason whatsoever while in the possession of the Lessee,
outside of those stated in"Damage to Equipment"section,Lessee may(a)elect to
return the Equipment to Lessor and Lessor will replace the Equipment with comparable
Equipment when available or(b) elect not to return the Equipment to Lessor,and Lessor
shall provide a qualified technician to repair it. In the event the Lessor determines that
the repairs(including those resulting from Lessee's abuse,improper maintenance,or
the failure to perform required maintenance,or for any reason other than Lessor's
negligence or willful misconduct or defect in the Equipment at time of delivery)are
Lessee's responsibility,then the Lessee agrees to pay,within thirty(30)days from
receipt of Lessor's invoice,for all applicable transportation costs,travel time, mileage,
labor and parts required to both repair and/or replace the damaged Equipment.
14. Operators
a. In the event that Lessor provides the services of an operator for the Equipment herein
leased, Lessor shall be responsible for and maintain liability for any and all maintenance,
operation,or repairs of Equipment,any inspections required,and any liability for
damage to the Equipment,unless and except to the extent any such maintenance,
operation or repairs,inspections,damage or similar responsibilities arise due to the
negligence of Lessee or harsh process water conditions resulting in excessive corrosion
or damage to Equipment. In the event of the negligence of the Lessee, Lessee shall
maintain responsibility for the items hereinabove described.The terms of"Warranties"
Section shall remain in full force and are in no way affected by the Lessor providing an
operator for the Equipment.
15. Liability and Consequential Damages
a. With the exception of"Special Conditions"and"Damage to Equipment"sections above,
Lessor and Lessee shall not be liable to each other for the recovery of special, punitive,
exemplary, liquidated,incidental, indirect,or consequential damages to include,but to
not be limited to, loss of profits or loss of revenue, loss of business,loss of opportunity,
business interruption or down time, loss of capital or loss of use of capital,loss of
product or production or delays in production,or government fines or penalties
regardless of the cause thereof including, but not limited to the negligence,gross
negligence,fault,strict liability,or willful misconduct of either party.
16. Authority of Agents
a. The execution hereof by an agent of Lessee shall conclusively establish the authority of
such agent to contract herein,unless Lessor receives written notification to the contrary
prior to the loading of the Equipment for transit.
WEE SMFE C H Proposal: 2160376 Revl
123
17 Insurance
a. Lessee shall,at its own expense,maintain insurance coverage as follows:
i. Workman's compensation insurance and such other employee insurance as
shall be required by applicable state and federal laws for each of Lessee's
employees associated with the Equipment or the use thereof.
ii. Comprehensive general liability insurance with an aggregate total amount not
less than$1,000,000.00 and combined single occurrence limits for bodily injury
and/or property damage not less than$500,000.00. Lessor shall be given proof
of said policy.
iii. Property damage and loss insurance for the Equipment for the complete
replacement value(agreed value)of the Equipment at all times in which Lessee
is 1)in possession of the equipment or 2)responsible for transportation of the
equipment.
iv. Lessee shall provide Lessor with proof of such insurance prior to taking
possession of the Equipment.Taking possession of the equipment may be either
picking equipment up at Lessor's premises or receiving the equipment at
Lessee's facility,as governed by the scope of the freight term in the Quote(s).
18. Waste and Hazards
a. Lessee shall,Prior to leasing Equipment,inform Lessor of any special hazard risks
involved in the excavation,processing and/or removal of the waste to be processed by
the Equipment of which Lessee is aware or shall become aware.
19. Warranties
a. Lessor warrants that the Equipment will be in good working order at the time of
Equipment delivery to Lessee.
b. Lessor makes no warranty or representation,expressed or implied,(including the
implied warranty of merchantability and fitness)as to appropriateness of the Equipment
for any task,or that the Equipment is appropriate for any given use to which Lessee may
use the Equipment.Lessee recognizes,and agrees,that no guarantee,express or
implied,is provided with regards to: Equipment's treated water quality,throughput
rate,chemical consumption,consumables,spare part consumption, power
consumption,and the like,unless specifically listed in Lessor's Quote(s).
c. Lessor warrants the Equipment against defects in materials and workmanship at time of
delivery to site. During the term of Lease, any defective parts will be supplied by Lessor
at no charge to Lessee, FCA Lessor's point of shipment(or USA Domestic UCC-FOB point
of shipment). During any period in which the equipment fails to function due to Lessor's
defects in materials and workmanship,Lessee shall immediately notify Lessor. if such
failure to function continues uncorrected for more than forty-five(45)calendar days
after notification to Lessor's Project Manager,Lessee may,at its option,terminate the
Lease upon written notice to Lessor,and return the Equipment to the Lessor's Premises,
I
WE—=s'ff'§-=C Proposal:2160376_Rev1
124
Lessor retains ownership,and the rental contract will be considered terminated by
Lessee.
d. Process performance guarantees/ process warranties,if offered,are only available as
part of a project specific Quote from Lessor,duly issued by Lessor's authorized Process
Engineer.
20. Indemnification
a. To the extent permitted by law, Lessee shall indemnify and hold harmless Lessor its
officers,employees,agents, and successors, against all claims, liabilities,losses,
damages,and expenses,of every character and kind whatsoever,for property damage,
bodily injury,sickness,and/or disease resulting in whole or part from the negligence or
willful misconduct of Lessee.
21. Force Majeure
a. Neither party shall be liable under this Agreement for delays or other non-performance
(except for the payment of money for services already rendered)caused by any unusual
occurrence beyond the party's reasonable control,including, but not limited to,war,
fire,strikes,other labor troubles,unforeseeable breakage of equipment,accidents
beyond the control of either party,acts of God,delays of common carriers,and
unforeseeable actions of governmental authority, laws,rules and/or regulations.
b. Lessee is hereby notified of yet unknown delays due to the CDVID-19 pandemic as an
ongoing Force Majeure Event. Project delays due to Force Majeure Event delays shall
not accrue delay damages.
22. Legal Expenses
a. The prevailing party in any dispute concerning the interpretation or enforcement of this
Agreement shall be entitled to recover from the other party its reasonable attorneys'
fees and costs.
23. Assignment
a. Lessee shall not assign or transfer any interest in this Agreement without the prior
consent in writing of the Lessor.
24. Taxes
a. Lessor shall be responsible for the payment of the following taxes associated with the
services to be performed:
i. Taxes directly associated with the employment of Lessor's employees, including
but not limited to,employer's USA FICA contribution, USA Workman's
Compensation Insurance,USA Unemployment Insurance,and United States
Federal Unemployment Tax Act(FUTA).
ii. United States Local and Federal income taxes based on net profit to Lessor.
b. Payment of any tax,fee,or other charge levied by a governmental authority by this
Agreement shall be the responsibility of Lessee.
WE SMI C:M= Proposal:2160376_Rev1
125
c. The Lessee shall pay all license fees, registration fees,assessments, duties and taxes
which may now or hereafter be imposed upon possession, lease or use of the
Equipment,excepting only those based on the Lessor's net income or exempted by law.
The Lessee shall promptly notify the Lessor of the receipt of any tax notices,tax reports
or inquires or notices from taxing or other authorities concerning taxes,fees,or
assessments.
25. Sales Tax
a. The fees and lease rental payments provided for in this Agreement are exclusive of state
sales taxes,Canadian provincial and national taxes,use taxes,gross receipt taxes,or
0 other similar taxes, payments of which shall be the additional responsibility of Lessee.
26. Default
a. In the event of a breach of this Lease,the Equipment shall,upon Lessor's demand, be
returned to Lessor at Lessee's expense. Lessee hereby waives all further rights to
possession of the Equipment.
27. Severability
a. If any provision of this Agreement is contrary to, prohibited by,or deemed invalid under
applicable Laws or Regulations of any jurisdiction in which it is sought to be enforced,
then such provision shall be deemed inapplicable and deemed omitted but shall not
invalidate the remaining provisions hereof.
28. Changes, Modifications,Waivers,Etc.
a. Changes,modifications,waivers,additions or amendments to the terms and conditions
of this Agreement shall be binding on a party only if such are in writing and signed by a
duly authorized representative of such party.The failure of a party to enforce,at any
time or for any period of time,any of the provisions of this Agreement shall not
constitute a waiver of such provisions or of the right of such party to enforce each and
every provision hereunder.
t
WF.SME C H' Proposal:2160376_Rev1
126
29. Notices:
All notices to be provided herein shall be provided as follows:
To Lessor: WesTech Engineering, LLC
Attn: Rental Equipment Legal Department
3665 South West Temple
Salt Lake City, Utah 84115
This Agreement constitutes the entire Agreement between the Lessor and the Lessee,and supersedes
any representations,warranties,or Agreements(written or oral)heretofore made or entered into
between the parties relating to the Equipment.This Agreement shall be made under the laws of the
State of Utah, USA, and shall for all purposes be construed and enforced in accordance with the laws of
said State.By signing below,each Party warrants and represents that the person signing this Lease
Agreement has authority to bind that Party and that the Party's execution of this Agreement is not in
violation of any company bylaws,covenants, and/or other restrictions placed upon them by their
respective entity.
IN WITNESS WHEREOF,the parties hereto have executed this document the day and year first above
written.
I
WesTech Representative(Lessor) Date
WesTech Engineering,LLC
Lessee Representative Date
Proposal:2160376_Revl
127
•
incorporated
1959
ON •
Project Manual
City of Winter Springs
WEST WATER RECLAMATION FACILITY
TEMPORARY DISK FILTER RENTAL
Bid No. ITB 05-21 JN
September 2021
128
THIS PAGE INTENTIONALLY LEFT BLANK
129
WEST WRF TEMPORARY DISK FILTER RENTAL INDEX-1
INDEX
TO
PROJECT MANUAL
CITY OF WINTER SPRINGS
WEST WRF TEMPORARY DISK FILTER RENTAL
City Bid No. ITB 05-21 JN
September 2021
DIVISION 0 BIDDING REQUIREMENTS AND CONDITIONS OF THE CONTRACT
00020 Advertisement for Bids 00020-1
00100 Instructions to Bidders 00100-1 —00100-9
00300 Mandatory Bid Forms 00300-1 —00300-15
00660 Notice of Selection Form 00660-1
APPENDICES
Appendix A: Scope of Work
September 2021 Index
130
WEST WRF TEMPORARY DISK FILTER RENTAL 00020-1
SECTION 00020
ADVERTISEMENT FOR BIDS
INVITATION TO BID
Bid Proposals are hereby solicited by the City of Winter Springs,Florida for:
WEST WRIT TEMPORARY DISK FILTER RENTAL
Bid No. ITB 05-21 JN
Sealed Bids must be received by September 17, 2021 at 10:00 A.M. at the City of
Winter Springs,City Hall, 1126 East S.R. 434,Winter Springs,FL 32708.
Bid opening will be immediately after at City of Winter Springs, City Hall, 1126
East S.R. 434,Winter Springs,FL 32708.
The Bidding Documents may be downloaded in pdf format from DemandStar and the
City's website at the following link:
hlt2s://www.winterspringsfl.org/rfps
This project consists of the following as detailed in Appendix A:
1. Provide a temporary disk filter for a minimum of a six (6) month rental period, which
may be extended at the City's option, mobilization of equipment to the site,
demobilization from the site, spare parts, and maintenance of the disk filter.
All questions regarding the bid should be directed to Holly Queen, City Controller by e-
mail to hqueengwintersprin sg fl org. The City of Winter Springs reserves the right to
reject any or all bids, with or without cause, to waive technicalities and minor
irregularities, or to accept the bids which, it its judgment best serves the interest of the
City.
Table 1- Procurement Schedule
NO. ACTIVITY DATE
1 Issue ITB September 3,2021
2 Last Date for City to Receive Questions on ITB September 10,2021
3 Last Date for City to Issue Addendum in Response to September 14,2021
Questions
4 Proposal Submission Due Date&Bid Opening September 17,2021
5 Consideration and Selection of Bidder for Negotiations by September 27,2021
City Commission
6 City Manager Negotiations and Execution of a Written Rental TBD
September 2021 Advertisement for Bids
131
WEST WRF TEMPORARY DISK FILTER RENTAL 00020-2
Agreement
END OF SECTION
September 2021 Advertisement for Bids
132
WEST WRF TEMPORARY DISK FILTER RENTAL 00100-1
SECTION 00100
INSTRUCTIONS TO BIDDERS
PART 1 GENERAL
1,01 Project Identification
A. Bids are requested for providing a temporary disk filter for the West Water
Reclamation Facility for the City of Winter Springs, hereinafter called the
OWNER, to be provided in accordance with this Project Manual. The City
intends to lease the temporary disk filter, satisfying the specifications included in
Appendix A attached hereto, for a minimum period of six (6) months, which may
be extended at the City's option. No maximum rental period is known, and bids
shall provide the equipment rental rate on a month-to-month basis. Maintenance
of the disk filter shall be provided by the bidder as necessary and at pre-
determined service intervals as described in Appendix A at no additional cost to
the OWNER.
B. AS DESCRIBED FURTHER BELOW IN SECTION 1.06, SELECTION OF
THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER BY THE CITY
COMMISSION SHALL NOT RESULT IN THE FORMATION OF A
CONTRACT. NO CONTRACT OR RENTAL AGREEMENT SHALL BE
FORMED UNTIL FINAL APPROVAL OF SUCH RENTAL AGREEMENT BY
THE CITY MANAGER AFTER NEGOTIATION OF SPECIFIC RENTAL
AGREEMENT TERMS.
1.02 Bidding Documents
A. Definition
Bidding Documents consist of this Project Manual.
B. Copies of Documents,including any Addenda issued prior to receipt of bids
Bidding Documents may be obtained in compliance with the Advertisement for
Bids. The bidding documents are only available in pdf format and can be
downloaded from DemandStar and the City website. No partial sets of the
Bidding Documents will be issued. Complete sets of Bidding Documents shall
be used in preparing bids. The OWNER will not assume any responsibility for
errors or misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
C. Questions
September 2021 Instructions to Bidders
133
WEST WRF TEMPORARY DISK FILTER RENTAL 00100-2
Any Bidder who is in doubt as to the true meaning of any part of the Bidding
Documents, or finds a discrepancy or omission therein, may submit to the City
Controller an e-mail request to hqueengwintersprin sg fl.org for an interpretation
or correction. Any interpretation, correction or change of the Bidding
Documents will be made by Addendum. Interpretations, corrections or changes
made in any other manner will not be binding, and Bidders shall not rely upon
such interpretations, corrections and changes. All questions must be submitted,
in writing, on or before September 10,2021, 5:00 P.M.
D. Addenda
Addenda will be issued via DemandStar. All Addenda issued during the time of
bidding shall form a part of the Project Manual, shall be covered in the Bid, and
shall become a part of the Contract. Receipt of each Addendum shall be
acknowledged in the Bid Form; failure to do so may subject the Bidder to
disqualification. It shall be the Bidder's responsibility to ensure that they have
received all Addenda prior to submitting a bid. The OWNER shall not be
responsible for non-receipt or untimely receipt of Addenda due to acts of the
delivering agency or any other source.
1,03 Examination of Documents and Inspection of Site
A. Before submitting a Bid, Bidders shall carefully examine the Bidding Documents.
Each Bidder, by submitting his Bid, represents that he has so examined the
Bidding Documents and that he understands the provisions of the Bidding
Documents.
1,04 Bidding Procedure
A. Form of Bid
1. Each Bid shall be submitted on the Bid Form included as one of the
Bidding Documents. The Bidder is not permitted to make changes in
the Bid Form provided. The Bidder shall fill in spaces on the Bid
Form by typewriter or manually in ink. When a Bidder submits a Bid
with spaces containing erasures or other changes, the person signing
the Bid must initial changes, each erasure or change.
2. The Bidder must fill in all relevant blank spaces. Where so indicated
by the makeup of the Bid Form, amounts shall be expressed in both
words and figures, and in case of discrepancy between the two, the
amount in words shall govern. In Unit Price type Bids; the Bidder
must furnish a Unit Price for all items, regardless of the quantity. In
case of discrepancy between the Unit Price and the Total Amount, the
Unit Price shall govern.
3. No conditional Bids will be accepted. Alternate Bids will not be
September 2021 Instructions to Bidders
134
WEST WRF TEMPORARY DISK FILTER RENTAL 00100-3
considered unless called for. Oral proposals or modifications will not
be considered.
4, The Bid shall include the legal name of the Bidder and a statement
whether the Bidder is a sole proprietor, a partnership, a corporation, or
any other legal entity, and the Bid shall be signed by the person or
persons legally authorized to bind the Bidder to a Contract. A Bid by a
corporation shall further give the State of incorporation and have the
corporate seal affixed. A Bid submitted by an agent shall have a
current Power of Attorney attached certifying agent's authority to bind
Bidder.
B. Submission of Bids
1. The Bid and any other documents required to be submitted with the
Bid shall be enclosed in a sealed opaque envelope. This envelope shall
be addressed to:
City of Winter Springs
Attn: Holly Queen
1126 East State Road 434
Winter Springs, FL 32708
The Front of Envelope must be marked ITB #05-21 JN and shall be identified
with the Bidder's name and address.
2. Submit one (1) copy of the completed Bidding Documents.
3. Bids shall be delivered to the designated location prior to the time and
date for receipt of Bids indicated in the Advertisement for Bids or any
extension thereof made by Addendum. Bids received after the time and
date for receipt of Bids will be returned unopened to the person or firm
submitting the Bid.
4. The Bidder shall assume full responsibility for timely delivery of his
Bid to the designated location.
S. PARTIES DESIRING TO RESPOND TO THIS ITB ARE HEREBY
NOTIFIED THAT ALL COMMUNICATIONS REGARDING THIS
ITB, WHETHER IN WRITING, ELECTRONIC, VERBAL, OR BY
SOME OTHER MEANS, AND WHETHER MADE INDIRECTLY
BY THIRD PARTIES OR DIRECTLY BY THE RESPONDENT,
SHALL BE SUBMITTED TO THE CITY'S CONTROLLER,
EXCEPT LEGAL MATTERS MAY BE DIRECTED TO THE CITY
ATTORNEY DIRECTLY OR THROUGH THE CONTROLLER.
EXCEPT AS EXPRESSLY REQUIRED BY THIS ITB FOR
September 2021 Instructions to Bidders
135
WEST WRF TEMPORARY DISK FILTER RENTAL 00100-4
FORMAL PRESENTATIONS (IF ANY), ANY INDIRECT OR
DIRECT COMMUNICATIONS AND LOBBYING REGARDING
THIS ITB MADE TO MEMBERS OF THE CITY COMMISSION,
OR ANY OTHER CITY OFFICIAL ARE STRICTLY PROHIBITED
AND SHALL CONSTITUTE GROUNDS FOR IMMEDIATE
DISQUALIFICATION.
C. Modification and Withdrawal
1. Bids may not be modified after submittal.
2. Bidders may withdraw Bids at any time prior to the Bid Opening time
and date. Withdrawal requests shall be made in writing and must be
received by the OWNER before the time and date stated or as amended
for the Bid Opening. Properly withdrawn Bids will be returned
unopened to the person or firm submitting the Bid.
3, A Bidder who timely withdraws his Bid may submit a new Bid in the
same manner as specified herein under "Submission of Bid". A Bid
submitted in place of a withdrawn Bid shall be clearly marked as such
on the outside of the envelope and on the Bid Form.
4. If a Contract is not executed within 90 calendar days after opening of
Bids, a Bidder may file a written request with the OWNER for the
withdrawal of his Bid.
D. Proposal Disclosure; Florida Public Records Law
Florida law provides that municipal records shall, at all times, be open for
personal inspection by any person. Section 119.01, Florida Statutes et. seq. (the
Public Records Law). Unless otherwise provided by the Public Records Law,
information and materials received by the City in connection with an ITB
response and under any awarded contract shall be deemed to be public records
subject to public inspection and/or copying at the end of the statutory exemption
time period pursuant to Section 119.071, Florida Statutes. However, certain
exemptions to the Public Records Law are statutorily provided for under sections
119.07 and 119.071, Florida Statutes, and other applicable laws. If the
Respondent believes any of the information contained in its response is exempt
from the Public Records Law, the Respondent must, in its response, specifically
identify the material which is deemed to be exempt and cite the legal authority for
the exemption; otherwise, the City will treat all materials received as public
records. In addition,the Respondent shall make available to the City, or any of its
duly authorized representatives, any books, documents, papers, and records of the
Respondent which are directly pertinent to any contract awarded under this ITB
for the purpose of making audit, examination, excerpts, and transcriptions. All
records shall be retained for a minimum of three (3) years after the City makes
September 2021 Instructions to Bidders
136
WEST WRF TEMPORARY DISK FILTER RENTAL 00100-5
final payment under the contract awarded under this ITB and all other pending
matters are closed by the City.
All materials submitted in response to this ITB shall become property of the City.
The City has the right to use any or all information/material submitted.
Disqualification of a Respondent does not eliminate this right.
1.05 Consideration of Bids and Basis of Selection
A. Basis of Selection
1. Except in cases where the OWNER exercises the right to reject all
Bids, the OWNER, as soon as practicable after Opening of Bids, will
select the lowest responsive, responsible bidder for further contract
negotiations.
2. The lowest Bid will be determined by comparison of the total amount
of the bids as stated in writing on the Bid Form.
B. Evaluation of Responsiveness
1. The responsiveness of Bidders will be judged on the basis of the
completeness of the Bid submitted. To be responsive, a Bid must be
submitted on the forms provided as part of the Bid Documents and
shall include all items required by the Mandatory Bid Forms.
2. If,upon opening the Bid, any of the items required to be responsive are
found to be missing or incomplete, the Bidder will be judged
non-responsive, except that the City reserves the right to waive minor
irregularities or technical errors.
3, The Bidder must sign bid proposals with his signature in full. When a
firm is a Bidder, one or more of the partners shall sign the bid
proposals in the name of the firm. When a corporation is a Bidder, the
officer signing shall set out the corporate name in full beneath which
he shall sign his name, give title of his office, and affix the corporate
seal.
C. Evaluation of Responsibility
1. To be judged responsible, the Bidder shall meet the following
standards:
(a) Upon request, must demonstrate that he has adequate financial resources for
performance, the necessary experience (including experience in mobilizing,
demobilizing, and maintaining or servicing similar equipment),
organization, technical qualifications, and facilities, or a firm commitment,
September 2021 Instructions to Bidders
137
WEST WRF TEMPORARY DISK FILTER RENTAL 00100-6
arrangement, or ability to obtain such (including proposed subcontracts).
(b) Upon request, demonstrate a satisfactory record of integrity, judgment, and
performance as a corporation (including its shareholders and officers), or as
a sole proprietorship, including in particular, any prior performance upon
contracts from the State and the OWNER. Any parties currently under
litigation with the OWNER may be judged non-responsible.
(c) Upon request, demonstrate an adequate financial management system and
audit procedure, which provides efficient and effective accountability and
control of all property, funds, and assets.
1,06 Notice of Selection
Upon the selection of the lowest responsive, responsible bidder by the City Commission, such
bidder shall provide a draft rental agreement for the disk filters to the City for review with a
minimum term of six (6) months and incorporating the Bid Amount and monthly rental rate
submitted in the Bid Form. The City shall engage in negotiations with the lowest responsive,
responsible bidder regarding the specific terms of the rental agreement. The selection by the
City Commission shall not result in the formation of a contract. No contract shall be formed
until final approval and execution of a written contract by the City Manager occurs, containing
such terms as the City Manager determines are in the best interest of the City. Negotiations may
be terminated at any time by the City Manager if, in his or her sole discretion, the City Manager
determines that the negotiation of terms acceptable to the City will not be successful.
1.07 Bidder's Interest in More Than One Bid
No person, firm, or corporation shall be allowed to make, file, or have an interest in more than
one Bid for the same work, unless Alternates are called for. A person, firm, or corporation who
has submitted a sub-bid to a Bidder or who has quoted prices on materials to a Bidder is not
hereby disqualified from submitting a sub-bid or quoting prices to other Bidders.
1.08 Florida Statutes, Section 287.133(3)(a) - Public Entity
Crimes
A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods
or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
September 2021 Instructions to Bidders
138
WEST WRF TEMPORARY DISK FILTER RENTAL 00100-7
1,09 Cone of Silence/Lobbying
Lobbying is defined as any action taken by an individual, firm, association, joint venture,
partnership, syndicate, corporation, and/or all other groups who seek to influence the
governmental decision of a City Commission Member, the City Manager, any requesting or
evaluating Department/Division/Office personnel and/or any member of the Evaluation
Committee concerning an active solicitation during the black-out period.
A lobbying black-out period commences upon the issuance of this solicitation document.
If an award item is presented to City Commission for approval or for a request to provide
authorization to negotiate a Contract(s) and the City Commission refers the item back to the City
Manager, Procurement Division and/or requesting Department/Division/Office for further review
or otherwise does not act on the item, the Cone of Silence/Lobbying Black-out Period will be
reinstated until such time as the City Commission meets to consider the item for action.
Bid/proposers, respondents, potential vendors, service providers, lobbyists, consultants, or
vendor representatives shall not contact any City Commission member, the City Manager, any
requesting or evaluating Division/Department/Office personnel, and/or any member of the
Evaluation Committee concerning an active solicitation during the Cone of Silence/Lobbying
Black-out Period.
1.13 Prohibition on Gifts to City Employees and Officials
No organization or individual shall offer or give, either directly or indirectly, any favor, gift,
loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part
III, Florida Statutes,the current City Ethics Ordinance, and City Administrative Policy. Violation
of this provision may result in one or more of the following consequences:
a. Prohibition by the individual, firm, and/or any employee of the firm from contact with
City staff for a specified period of time;
b. Prohibition by the individual and/or firm from doing business with the City for a
specified period of time, including but not limited to: submitting bid/proposals, RFP,
and/or quotes; and,
C. Immediate termination of any contract held by the individual and/or firm for cause.
1.14 Brand Names
BRAND NAMES: If items called for by this ITB have been identified in the
specifications by a "Brand Name OR EQUAL" description, such identification is
intended to be descriptive, but not restrictive, and is to indicate the quality and
characteristics of products that will be acceptable. Bids offering "equal"products will be
considered for award if such products are clearly identified in the bid and are determined
September 2021 Instructions to Bidders
139
WEST WRF TEMPORARY DISK FILTER RENTAL 00100-8
by the City to meet fully the salient characteristic requirements listed in the
specifications.
Unless the proposer clearly indicates in his bid that he is offering an "equal"product, the
bid shall be considered as offering the same brand product referenced in the specification.
If the proposer proposes to furnish an "equal" product, the brand name, if any of the
product shall be otherwise clearly identified. The evaluation of bids and the
determination as to equality of the product offered shall be the sole responsibility of the
City and will be based on information furnished by the proposer. The applicable City
Department is not responsible for locating or securing any information which is not
identified in the bid. To ensure that sufficient information is available, the proposer shall
furnish as a part of the bid any descriptive material necessary for the City to determine
whether the product offered meets the specifications, to establish exactly what the
proposer proposes to furnish and the City would be purchasing by making an award.
1.15 Discrimination
An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid, proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity.
1.16 E-Verify
Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City
contractors shall register with and use the U.S. Department of Homeland Security's E-
Verify system, hgps://e-verify.uscis. og v/emp, to verify the work authorization status of
all employees hired on and after January 1, 2021. City Contractors must provide
evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of
an affidavit from the Contractor stating all employees hired on and after January 1, 2021
have had their work authorization status verified through the E-Verify system and a copy
of their proof of registration in the E-Verify system. Failure to comply with this provision
will be a material breach of the contract, and shall result in the immediate termination of
a contract without penalty to the City. The City Contractor shall be liable for all costs
incurred by the City securing a replacement contract, including but not limited to, any
increased costs for the same services, any costs due to delay, and rebidding costs, if
applicable. If the City Contractor utilizes Subcontractors the following shall apply:
Contractor shall also require all subcontractors performing work under the Agreement to
use the E-Verify system for any employees they may hire during the term of the
Agreement.
September 2021 Instructions to Bidders
140
WEST WRF TEMPORARY DISK FILTER RENTAL 00100-9
Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor
does not employ, contract with, or subcontract with an unauthorized alien, as defined in
section 448.095, Florida Statutes.
Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt
and shall maintain a copy for the duration of the Agreement.
END OF SECTION
September 2021 Instructions to Bidders
141
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-1
SECTION 00300
MANDATORY BID FORMS
(Mandatory Forms must be submitted with the bid. Failure to submit forms may
disqualify the proposer from the ITB.)
PART 1 GENERAL
1.01 Description
The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER.
Bid is submitted by:
Legal Name (indicate whether sole proprietorship, partnership, or corporation):
Address:
Contact Name:
Contact Phone Number:
Contact E-Mail Address:
1.02 The Undersigned:
A. Acknowledges receipt of:
1, Project Manual for WEST WRF TEMPORARY DISK FILTER.
2, Addenda:
Number , dated
Number , dated
B. Has examined the site and all Bidding Documents and understands that in
submitting his Bid, he waives all right to plead any misunderstanding regarding
the same.
C. Agrees:
September 2021 Mandatory Bid Forms
142
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-2
1, To hold this Bid open for 60 calendar days after the bid opening date.
2. To furnish the goods and/or services specified in this ITB at the prices
quoted in my responsive bid and in compliance with the Bidding
Documents.
3. To accept the provisions of the Instructions to Bidders.
4, To negotiate a contract with the OWNER incorporating the bid
amounts,if selected on the basis of this Bid.
S. To receive a City Purchase Order issued by the OWNER at the
submitted Bid Price.
6. To accomplish the work in accordance with the contract documents
and this Project Manual.
7. To deliver the equipment as required by the specifications and as
indicated in his proposal document.
D. Certifies:
1. That all information contained in this bid is truthful to the best of my knowledge
and belief.
2. That I am duly authorized to submit this bid on behalf of the vendor and that the
vendor is ready, willing, and able to perform if awarded the bid.
1.03 Stipulated Amount
A. Base Bid Price
I will provide the equipment and services under this project for a minimum Six-Month Total
Rental Amount(Monthly Rent multiplied by 6) of:
Dollars ($ ) and a
One-Time Mobilization/Demobilization Amount of:.
Dollars ($ ).
The Bidder hereby agrees to perform all work as required by this Project Manual for the
following Unit Prices. Work for which there is not a Pay Item will be considered incidental to
the Contract and no additional compensation will be allowed. The OWNER, at his sole option
and discretion, may choose to add or deduct from the unit prices set forth below. The Bidder
shall be paid for actual quantities completed in accordance with the contract documents. The
following is the order of precedence which will be used in case of conflicts within the Bid
Submittal provided by each Bidder: Unit Price, Total Price, Total Base Bid (See attached Bid
Form).
1.04 Bid Submittals
September 2021 Mandatory Bid Forms
143
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-3
A. Completed and signed bid price form and other Mandatory forms in this Section.
B. I have attached all other Mandatory Forms in this Section.
1.05 Submittal
RESPECTFULLY SUBMITTED, signed and sealed this day of , 2021.
Bidder
By:
Title
ATTEST: SECRETARY SEAL
September 2021 Mandatory Bid Forms
144
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-4
BID TABULATION
The Bidder hereby indicates the following total units and total prices which represent all materials,
labor, equipment, transportation, performance of all operations relative to performance of the
project, overhead, and costs of all kinds and profit to complete the work items in accordance with
the Project Manual, plans, and permits.
Work for which there is not a listed item below shall be considered incidental to the Contract and
no additional compensation will be allowed. The detailed Schedule of Values shall be provided by
the lowest responsible bidder and be included with their executed contract, as attached.
ITEM
No. DESCRIPTION QUANTITY UNITS UNIT COST TOTAL COST
Mobilization/Demobilization,plus,
• Travel and living expenses to have
one personnel onsite up to 8 hours per
1 day,two trips,up to 3 days each trip. 1 LS
• Travel and living expenses to have
one personnel onsite up to 8 hours per
day for the last 2 days rental is onsite.
Rental Equipment
20 Disk filter 6 Month
• Spares
• Service Program
TOTAL =
As Needed Service beyond necessary repairs to
the equipment and exceeding the minimum Rate per Hour
service intervals in Appendix A
Supervision/Project Manager As Needed To Be Determined
• Onsite&travel time beyond budgeted
Meals per diem travel
&living expenses at
cost+15%
Additional per month rental beyond 6 months
(Rate may not exceed rate quoted for minimum As Needed To Be Determined
6 month term.)
TOTAL BID:
DOLLARS
(In Words)
September 2021 Mandatory Bid Forms
145
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-5
SCRUTINIZED COMPANY CERTIFICATION
Florida Statutes, Sections 287.135 and 215.473
Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not,
bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services
of:
(a) Any amount if, at the time of bidding on, submitting a proposal for, or entering
into or renewing such contract, the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of
Israel; or
(b) One million dollars or more if, at the time of bidding on, submitting a proposal
for, or entering into or renewing such contract, the company:
1. Is on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to s. 215.473; or
2. Is engaged in business operations in Cuba or Syria.
Subject to limited exceptions provided in state law, the City will not contract for the provision of
goods or services with any scrutinized company referred to above. The Contractor must submit
this required certification form attesting that it is not a scrutinized company and is not engaging
in prohibited business operations.
The following shall be grounds for termination of the contract at the option of the awarding
body:
The company is found to have submitted a false certification; been placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List; been placed on the Scrutinized Companies that Boycott Israel List
or is engaged in a boycott of Israel; or been engaged in business operations in Cuba or Syria.
The City shall provide notice, in writing, to the Contractor of any determination concerning a
false certification. The Contractor shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active contract
term, the Contractor shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If the
Contractor does not demonstrate that the City's determination of false certification was made in
error then the City shall have the right to terminate the contract and seek civil remedies pursuant
to Section 287.135, Florida Statutes.
THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR
BID RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL
RENDER YOUR BID SUBMITTAL NON-RESPONSIVE.
a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida
Statutes; and
September 2021 Mandatory Bid Forms
146
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-6
b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed
on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; and
c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible
to participate in this solicitation and not listed on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List and, further, are not engaged in business operations in Cuba or Syria; and
d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the City
in writing if any of its company, owners, or principals: are placed on the Scrutinized
Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan
List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;
engage in a boycott of Israel; or engage in business operations in Cuba or Syria.
(Authorized Signature)
(Printed Name and Title)
(Name of Vendor)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of O
physical presence or (__) online notarization, this day of ,
2021, by the of
a
U who is personally known to me or U who produced
as identification.
Notary Public
Print Name:
My Commission expires:
September 2021 Mandatory Bid Forms
147
WEST WRF TEMPORARY DISK FILTER RENTAL 00300-7
NON-COLLUSION AND CONTINGENT FEES AFFADAVIT
State of Florida
County of being
first duly sworn, deposes and says that:
He / She is of the
Proposer that has submitted the attached Bid;
He / She is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other proposer, firm or person to submit a
collusive or sham Bid in connection with the contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with
any other Proposer, firm or person to fix the price or prices in the attached Bid or of any other
Proposer, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any
other Proposers, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against the City of Winter Springs or any person interested in the
proposed Contract;
The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its
agents, representatives, owner's employees, or parties in interest, including this affiant; and
The proposer nor any of its officers, partners, owners, agents, representatives, employees or
parties in interest, including this affiant, have not employed or retained any company or person,
other than a bona fide employee working solely for the proposer to solicit or secure this
agreement and that proposer has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the proposer any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this agreement. For the breach or violation of this provision, the City shall have the
right to terminate the agreement without liability and, at its discretion, to deduct from the
contract price, or otherwise recover, the full amount of such fee, commission,percentage, gift, or
consideration.
(Authorized Signature)
(Printed Name and Title)
(Name of Vendor)
September 2021 Mandatory Bid Forms
148