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HomeMy WebLinkAbout2023 03 13 Consent 303 - East WRF (Water Reclamation Facility), Grit Chamber Cleaning • CONSENT AGENDA ITEM 303 ,n m=ared CITY COMMISSION AGENDA I MARCH 13, 2023 REGULAR MEETING 1959 TITLE East WRF (Water Reclamation Facility), Grit Chamber Cleaning SUMMARY The East WRF has a grit removal tank located within the surge basin of Treatment Unit#2. The grit removal tank allows sand and grit to settle prior to the influent wastewater proceeding to further treatment functions within the facility. The tank is completely full of sand and grit and is allowing material to travel through the rest of the treatment facility. The work will remove the grit and dispose of the material off site. The tank and treatment facility will remain in service during the cleaning work. RECOMMENDATION Staff recommends the City Commission approve the scope of services with Enviro Waste Services Group, in the amount of$78,085.85 plus a 15% contingency of$11,712.88 for a total of$89,798.73. Additionally, authorization for the Interim City Manager and City Attorney is requested to prepare and execute any and all applicable documents consistent with this Agenda item. 101 U.S. SUBMERGENT TECHNOLOGIES U.S. Submergent Technologies Cost Estimate February 281h, 2023 PROJECT PROPOSAL: City of Winter Springs Grit Chamber Accumulated Material Removal Customer: City of Winter Springs Contact: Todd Petrie Phone No.: (813) 5o8-0218 Address: 14055 Riveredge Drive, Suite 240 Tampa, FL 33637 Proposal Sent Via: Email— (todd.petrie@veolia.com) Mr. Petrie On behalf of U.S. Submergent Technologies (USST),we are pleased to provide this proposal for your consideration to remove the accumulated material from the above referenced structures. Our proposal includes the costs for removal,transportation,and disposal of the estimated volume of material. The Proposal Pricing Schedule summarizes the estimated quantities and unit costs based on our understanding of existing conditions. USST production rates are based on access to the structure, distribution of material to be removed across the structure bottom,as well as the type and quantity of material to be removed. The scope of operation for USST includes: • Mobilization to facility • USST Combination39 Truck Service Crew • USST Combination3®Truck • USST Roll Off Truck(if needed) • USST will reach and remove material from structures utilizing a combination of vacuum,pumping, jetting,and reaching components • Cleanup project site upon completion of project • Demobilization from facility ©2023 U.S.Submergent Technologies 2153 Rayburn Street,Orlando,FL,3282�fll ussubmergent.com 2 PROPOSAL PRICING SCHEDULE: Structure: Grit Chamber I East WRF 1156o Winter Springs Blvd,Winter Springs, FL Proposal Line Item QTY UOM Unit Cost EXT. ► . ICE Mobilization/Demobilization to project 1 Each $3,500.00 $3,500.00 Personnel and equipment for the removal, Per transportation, and disposal of sand and grit from the 165 CY/Ton $550.00 $90,750.00 tanks listed above Cost Estimate $94,250.00 Unit cost will be billed based on actual quantities of time and materials required to remove material. If additional quantities are required they will be invoiced at the rates above with prior written authorization. USST will use the downhole pumping system to clean the grit chamber while the tank remains online. USST will maintain daily performance/production records and provide as necessary.This proposal assumes 12 feet of material in the grit chamber.This proposal assumes a 1:1 ratio of cubic yard to ton.The price for each cubic yard over 165 will be$550.00 per CY/ton. This proposal and pricing are based on information received and is our interpretation of the sections of the RFP and/or specifications that have been made available to us. Exceptions have been noted wherever possible. In the event of a conflict between the language in the specification and the proposal,the language in the proposal takes precedence and is the basis of the proposed pricing. USST reserves the right to reject any order based on differences in interpretation of the specification,or for any reason,at the time the order is tendered. Terms&Conditions: 1. Once the project has been accepted and confirmed to USST for execution,we will schedule this project on a mutually agreed date with a minimum of 5-days lead time. A rescheduling fee of $3,500 or an additional mobilization cost,whichever is higher,will apply for changes in schedule with less than 3 business days notice. 2. All waste will be manifested(actual quantity),transported,and disposed of in accordance with all Federal,State and Local regulations. 3. Our rates are based on a Monday through Friday, o800— 1600 workday;if Saturday or Sunday work and/or second/third shift work is required and authorized,overtime rates will be charged at one and a half straight time rates and double on observed government holidays. 4. It is the customer's responsibility for payment of any unforeseen tariffs,fees,taxes,and unexpected administrative costs which USST may incur during the execution of this project. 5. A Purchase Order and Job Authorization Form will be required prior to project commencement. 6. Payment is DUE UPON RECEIPT of invoice unless otherwise approved in advance by USST. 7. Pricing is valid for 3o-days from the date of this proposal. 8. If a payment and performance bond is required,it will be an additional charge at cost plus. 9. Transportation and Disposal cost are based on conforming with waste profile approval for Non- Hazardous waste.Waste profile approval is required prior to scheduling of this project. ©2023 U.S.Submergent Technologies Zff 103 3 Supplemental Conditions: 1. This proposal is contingent upon USST field crew confirmation that the project meets assumed condition and scope of proposal. If conditions differ from when quoted,USST will invoice for actual quantities performed upon written approval of changes to scope. 2. The customer will have the tanks drained down of all free-flowing liquids(if applicable)prior to USST's arrival. 3. Provide unrestricted access to the worksite. If access to unimproved areas is required to complete cleaning,then customer shall provide improvements to enable USST to safely access. Any removal costs due to insufficient access will be charged at cost plus 20%. 4. Customer is responsible for providing a recent TCLP analytical(including 8 RCRA Metals)for offsite disposal as required by 40 CFR Part 503. USST can provide for a cost of$800. 5. Customer is responsible for providing sufficient suitable high-volume water supply for the high- pressure jetting operation,if needed. 6. This cost estimate does not include pressure washing,hydro-and/or grit-blasting of the structure. 7. Demurrage and/or dewatering will be invoiced at the rates above,if required. 8. Proper access including height clearance without obstruction in or around structure,so the pump or vacuum head can reach and remove material;client will present structure to be cleaned in sufficient condition for cleaning to take place. This includes removing and/or unbolting any hatches or panels required for access or ventilation. 9. USST is not responsible for damage to landscape,landscape restoration,damage to aeration systems,or underground utilities not clearly marked. Should you have any questions or concerns about this proposal,please do not hesitate to contact me directly at(850)264-6115. Regards, Chandler Stutler Account Representative U.S.Submergent Technologies (850)264-6115 1 cstutler@ussubmergent.com City Representative (signature) Title City Representative (print) Date Please sign and return this project proposal at your earliest convenience so that we may verify our master schedule and confirm to you the exact time and date of the work to be performed. ©2023 U.S.Submergent Technologies 104 ENVIRO WASTE SERVICES GROUP 18001 Old Cutler Road Suite 643 Palmetto Bay,FL 33157 PH: 877-637-9665 Proposal/Agreement PROPOSAL NO.: 3888 Rev2 Date: 3/1/2023 Customer Name: Veolia North America Customer Billing Address 1 14005 Riveredge Drive, Ste 240 Customer Billing Address 2 City Tampa State FL ZIP 33637 Contact Person: Todd Petrie Contact Phone: 813-508-0218 Contact Person Email todd.petrie(@veolia.com Customer Contract#: Job Reference Name: Veolia Winter Springs WWTF Grit Tank Cleaning Copy of signed contract will be sent to the email above for record: In accordance with your request,we are pleased to submit the following proposal. SCOPE OF WORK DESCRIPTION: EWSG will provide all labor and materials necessary for the removal of solids from the Grit Tank while the tank remains in service. Solids will be transported off-site for disposal. EWSG WILL FURNISH: All labor, materials and equipmentfor removal of the solids from the tank. Line Item Unit of Unit Extended Number Description Measure Quantity Price Price 1 Mobilization Lump Sum 1 $1,000.00 $1,000.00 2 Remove Solids from Grit tank with Lump Sum 4 $77,058.75 $77,058.75 approximate dimensions of 490 sq ft and 12 feet deep while tank remains in service. 3 Disposal above 165 CY if required CY 1 $350.0 $ 4 5 6 TOTAL $78,085.85 All quotes/prices are valid for 30 days of acceptance of this proposal by Customer.After 30 days EWSG reserves the right to adjust price. EXCEPTIONS/ INCLUSIONS: Client understands EWSG cannot guarantee 100%removal of the solids due to tank remaining in service. Removal of solids includes disposal cost up to 165CY of material. If greater than 165 CY disposal will be charges per line item#3 as agreed upon by client.. Proposal is based upon field observations and information provided by Veolia. 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O Cu y n5 3 _ a) L c n no "n0) E� DEQ >N a) 0a) `-U ° j0E ji) � � N yO I y ° 7 L 3 7 �0 y L i z c 0 L L E >>U R > Q Co 07 a) a) 0 C 7 C 00 0 Q 0 'a 0 L a QN w o � 0`6 J. � a c� QQ (n.0 o w 0 a) ti 0 U C U �- Z o CD a � U_ O N o Q VLU � m V � o > L C LU W Q w U) W O � N J � ?� co E > w O 0 -0 C� c Z LU LU E O `m z N ° w w M in U U L � o •lI- r: ------------- i. r cly Cil !R ■ .d}C-�lHaa\a■ate \ al. }a}aR}R-�aataa}` ■ }.�Y7■ afaaa7G to\!7W .rw�ifaaaaaaa aaY. . ■��YuiWaalaWaY}afaai\aaMw '- �" \ iYi....:WEaWaaaaaWaaY�_ ., ��` ��rraa�aur� .aaaaar orra9 9rr .aaaaaaaa �r�rL J' Jaf■ar�ai�'l11 - �� — �` Supplier Hydro International Settled Solids Management 711 Progress Way Sanford, FL 32771 (407) 322-0330 H Y ro SSM.hydro-int.com International c'108 Water&Wastewater Solutions Hydro International March 3, 2023 Mr. Todd Petrie Veolia Water RE: Sand/Grit/Rags Removal Services Winter Springs, FL East WWTP File#23 11 0025-Ar1 Dear Mr. Petrie: Thank you for your interest in Hydro International. We are pleased to present our proposal for in service sand and grit removal at the East WWTP. Hydro International is dedicated to providing innovative, high performance basin cleaning services through superior engineering, high-quality products and unmatched customer service. Our extensive experience includes over 35 years of cleaning water and wastewater treatment plants throughout Florida and the Southeastern US. Hydro International's patented, portable Sand Dragon II Vertical Grit Separator(VGS) system provides the opportunity to remove at least 95% of sand and grit that has deposited in tanks, digesters, clarifiers, ditches and channels without the need of draining the tanks or basins and without disruption of the plants daily operation. We would like to help your plant save money. Removing sand and grit deposits from aeration basins can provide an immediate 30% to 40% reduction in the operational power costs thanks to a reduced load on the blowers. The sand and grit built up within a plant is the number one cause of premature equipment failure; let us take the grit out and save your equipment. The Sand Dragon VGS system is highly effective at a number of applications including: ■ Sand removal from wastewater tanks including (but not limited to): aeration basins, fine or fixed air diffuser systems, anoxic basins, surge tanks, oxidation ditches, nitrification tanks, digesters, filter cells, master lift stations/wet wells and lined or quilted ponds. ■ Total tank cleanout and sanitization to prepare for demolition, inspection, sand blasting, painting, or recoating ■ Vegetation removal: duckweed, small trees and bushes ■ Filter media cleaning and replacement We sincerely appreciate your interest in our services and look forward to working with you on this project. Reference lists are available upon request. If you have any questions or concerns, do not hesitate to contact us Regards, Hydro International Jerry Mims SE Tank& Dewatering Services Manager Hydro International 2925 NE Aloclek Suite 140 - Hillsboro, OR 97124 Tel: (866) 615-8130 Fax: (503) 615-2906 Web: hydro-int.com 109 Hydro-Int.com Proposed Scope of Services Hydro International, using Sand Dragon II Vertical Grit Separator(VGS), hydraulic pumps, and a Hydro Shovel, proposes to perform the following services: ■ Remove at least 95% of the "accessible" sand and grit*from the bottom of(1) grit chamber while the plant stays in operation and full of water. ■ Sand and grit will be discharged into a roll off boxes or end dump trailers supplied by Hydro. The disposal landfill shall be Zellewood, FL. ■ All liquid and biomass will be returned back into the grit chamber. ■ Customer is responsible for all permits and analysis that may be required by regulatory authorities, such as full TCLPs/recent sludge analysis. Current, within 1 year, documents must be supplied to Hydro at point of PO prior to Hydro scheduling mobilization to the jobsite. Assumptions ■ "Accessible" sand is sand not obstructed by sharp corners or restricted angles, under steel plates or grating, in small crevices or openings, under dense rag deposits, or blocked to where Hydro's equipment cannot easily reach. ■ Hydro's personnel will work a standard 8 hr workday Monday through Friday. Exclusions Any item(s) not specifically described above are excluded and are not to be supplied by Hydro International including but not limited to the following: ■ This scope of work excludes services or services to other equipment in the facility not outlined above. ■ The scope of work is limited to removing grit/sand/rags from one grit tank only, see above. ■ State and local taxes ■ Bonds of any kind ■ Grit dumpsters not expressly stated above Notes ■ All work shall be performance in a timely and professional manner ■ Work will be scheduled upon Hydro International's receipt of signed proposal ■ Change Orders will be required for the following situations: o Change in tank or additional tanks requested to be cleaned o Change in type of hauling and disposal methods o Delays preventing Hydro from performing the original scope of work ■ A class 1 landfill is a landfill that is permitted to receive dewatered solids such as sand, grit, rags or foliage that will pass a paint filter test for disposal. They are not permitted to receive sludge in any form such as cake or liquid ■ AA Disposal site: is permitted to receive cake sludge as well as liquid sludge, grease trap materials and septage from septic tanks. They are not permitted to receive sand, grit, rags and foliage that is dewatered to a consistency that would pass a paint filter test. ■ On the day of completion, the customer or their authorized representative must be available to sign off the final inspection sheet. If Hydro equipment and personnel has to stay on site past the completion date to have the final inspection signed off, additional charges will be applied. If Hydro personnel and equipment leaves the site upon completion and have to return to the site additional charges will apply Pricing for Proposed Services Description Quantity Unit Unit Price Extended Price Mobilization 1 LS $3,500.00 $3,500.00 Cleaning / Removal / Disposal (sand, grit, rags) 1 LS $158,500.00 $158,800.00 up to 165 cy removed Est. Total $162,050.00 Adder for each additional cy removed above 165 1 Per Cubic $960.00 TBD Yard ID2023 Hydro International Proposal for#23_11_0025 Winter Springs,FL East Page 1 110 HydroHydro-Int.com International Options Quotes can be provided upon request for the following: ■ Pressure washing ■ Sanitizing ■ Transferring or pumping liquids ■ Vac Truck/tanker ■ Diffuser removal/replacement ■ Specialized rag removal (where rags cannot be removed by hydraulic pumping means) ■ Vegetation removal ■ Sludge removal ■ Filter media removal /replacement ■ Lime addition ■ Service & maintenance contract Quote Validity 30 days from date of issue Payment Terms Net 30 Days after Invoice Warranty Hydro International's Standard Warranty shall apply per the Terms and Conditions of Sale. Delivery Please allow up to 4-6 weeks after receipt of purchase order, or sooner pending current scheduling, before services can be scheduled. Scheduling will be done on a first come first serve basis. Unless emergency services are required. Terms & Conditions This proposal is made pursuant to Hydro International's standard Terms &Conditions of Sale, attached hereto and made a part hereof. Accepted Signature—Veola Water Signature— Hydro International Jerry Mims Print Name and Title Print Name and Title March 3, 2023 Date Date ©2023 Hydro International Page 2 of 5 Proposal for#23_11_0025 Winter Springs, FL East WWTP 111 HydroHydro-Int.com International Standard Terms and Conditions 1. PARTIES. "Hydro" is Hydro International with an address of 2925 NE Aloclek Drive#140 in Hillsboro, Oregon. "Buyer" is the party purchasing the services from Hydro. 1. ENTIRE AGREEMENT. Hydro's agreement is based on these Terms and Conditions. These Terms and Conditions, together with any additional writings signed by Hydro, represents the complete and exclusive statement of the contract between the parties and may not be modified,supplemented, explained,or waived by parol evidence, Buyer's purchase order, any course of dealing, Buyer's payment or acceptance, or in any other way except in writing signed by Hydro through its authorized representative. These Terms and Conditions are intended to cover all activity of Hydro and Buyer hereunder, including sales and use of products, parts, and work, and all related matters(references to products include parts and references to work include construction and installation). Hydro's obligations hereunder are expressly conditioned on Buyer's assent to these Terms and Conditions. Hydro objects to any Terms that are different from, or additional to, these Terms and Conditions or in writings signed by Hydro's authorized representative. These Terms and Conditions are intended to cover all activity of and between Hydro and Buyer, including the provision of services, payment, and all related matters. 2. SPECIFICATIONS. Services by Hydro are supplied in reliance on information received by Hydro,or its duly authorized agent,from Buyer. Hydro shall have no responsibility for services based upon inaccurate and/or incomplete information supplied to it. Buyer shall ensure that Hydro receives all relevant information in time to enable Hydro to supply the appropriate services. 3. PURCHASE PRICE AND PAYMENT TERMS. All prices are in U.S. dollars and all payments shall be made in U.S. dollars. Payment Terms are as follows: Incremental Payment Cumulative Pa ment Net 30 Days from Invoice 1 100% 1 100% If payments are not made in conformance with the Terms stated herein, any unpaid balance shall be subject to interest at a rate 1'/z% per month or the maximum amount permitted by law, whichever is less. If at any time in Hydro's judgment Buyer may be or may become unable or unwilling to meet the payment terms of the contract, Hydro may require satisfactory assurance or full or partial payment as a condition to commencing, continuing, or in advance of provision of services. 4. WORK STOPPAGE OR DELAYS. If, at any time,the services are stopped or delayed by conditions caused by Buyer, Buyer's other contractors, or persons or entities for which Buyer is liable, the fact that the service site is not prepared by Buyer or provided to Hydro such that the services can commence or continue as scheduled,or causes outside the reasonable control of Hydro, Hydro shall be entitled to an equitably adjustment of the time period to complete the services and Buyer shall pay Hydro (i)all costs and expenses incurred by Hydro related to such stoppage or delay, including but not limited to additional charges by subcontractors and suppliers and (ii)for additional services or additional time necessary to complete services due to the stoppage or delay on a time and materials basis at Hydro's then effective commercial rates. These charges shall be in addition to the purchase price of this contract. Hydro shall be entitled to a change order for the additional charges and additional time necessary to complete the services under this Paragraph 5 and Buyer shall make payment of these additional charges in accordance with Section 3 of these Terms and Conditions. 5. SCOPE OF SERVICES. Hydro's scope of services 1)excludes cleaning services to equipment not specifically named in the proposal and/or bid for services signed by Hydro's authorized representative and made a part of this contract, 2)is limited to the basin, tank, ditch, or other areas specifically named in the proposal and/or bid for services signed by Hydro's authorized representative and made a part of this contract, and 3)is limited to removing Accessible sand, grit, rags, sludge only. If at any time, Buyer decides to request additional or a modification to services under the contract, including that a different or an additional basin, tank, ditch, or area be cleaned, Hydro will, at its sole option, be allowed the opportunity to inspect and provide a change order for such services. Hydro shall commence the additional or modified services only upon Buyer's acceptance of the change order. If after starting the services Hydro runs into excessive rags and/or other material or other conditions that prevent Hydro from performing the original scope of services as contemplated by Hydro under the contract,then Hydro will stop work and a change order will be presented to Buyer to resolve the condition; Hydro will only continue the services upon Buyer's acceptance of the change order. 6. CLAIMS BY BUYER. In the event that Buyer is required to make repairs, corrections or modifications to equipment as a result of services supplied by Hydro or reperform services supplied by Hydro, it shall only do so upon written notice to Hydro and a reasonable opportunity for Hydro to inspect prior to any such action or observe the completion of such work. Claims related to the services shall be limited to the costs directly associated in making the repairs, corrections or modifications to the equipment serviced by Hydro. The amount of such claims shall be subject to approval by Hydro and shall be limited to: (1)directly related labor and material costs, (2)directly related equipment and tool rental at prevailing rates in the project location and (3)Buyer's overhead &supervision costs to make repairs, corrections or modifications to the equipment. Buyer shall submit complete documentation to Hydro's satisfaction including but not limited to labor time sheets, material lists, and rental fees detailing the ©2023 Hydro International Page 2 of 5 Proposal for#23_11_0025 Winter Springs, FL East WWTP 112 HydroHydro-Int.com International damages permitted by this Paragraph 7. Buyer expressly waives all special, indirect, incidental, and consequential damages, losses, and claims related to or arising from the services or the contract. Notwithstanding the above, Buyer agrees that the total liability of Hydro to Buyer arising out of, connected with or resulting from services provided by Hydro, at law or in equity, including for claims of negligence, shall not exceed the total amount paid by the Buyer to Hydro or$50,000.00 U.S.,whichever is greater. Hydro shall not be liable for any loss which results from delay in services caused by any reason beyond its control, including, but not limited to, acts of God, casualty, civil disturbance, labor disputes, strikes, virus, pandemic or epidemic,transportation or inability to obtain materials or services, any interruption of its facilities, or act of any governmental authority. The time for services shall be extended during the continuance of such conditions. The remedies set forth in the contract are exclusive. 7. CANCELLATION & BREACH: In the event of termination of the contract by Buyer after mobilization or the material breach of the contract by Buyer that results in a termination by Hydro the parties agree that Hydro will suffer a serious and substantial damage. Therefore, the parties agree that, upon such termination, Buyer shall pay to Hydro the sums set forth below,which sums the parties hereby agree shall constitute reasonable damages in such event: a. Payment for service completed, calculated as the percent of the purchase price corresponding to the percent of the services completed by Hydro as of the date of the termination; b. Hydro's costs associated with, arising from or related to the cancellation, breach and/or termination of the contract, including but not limited to fees or penalties for cancellation of subcontracts and relocation and reassignment of personnel or equipment; and c. Hydro's overhead and profit on the services not completed as of the date of the termination which the parties agree shall equal 20%of the unpaid purchase price. 8. WARRANTY: Hydro shall perform the services in a workmanlike manner and with the degree of care and skill ordinarily exercised under similar circumstances, with generally accepted industry standards. Hydro will conform to all applicable local, state and federal regulations. HYDRO MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY KIND OTHER THAN THOSE LISTED IN THIS PARAGRAPH 8. 9. MOBILIZATION: Hydro's mobilization and provision of services will only be scheduled upon written request and then upon Hydro's availability to complete the services. Buyer shall notify Hydro of schedule requirements at least ten (10)working days in advance, or additional charges may be added to cover late-scheduled travel costs if services are provided within less than ten (10)working days of notice. Additional costs will be limited to those arising out of late-scheduling. Buyer assumes all responsibility for the readiness of the service sites at the time of Hydro's scheduled mobilization. If Hydro arrives at the jobsite and determines that the services cannot commence, Paragraph 4 shall govern any such delay or stoppage., 10. INDEMNIFICATION. To the fullest extent permitted by law, Buyer shall defend, indemnify and hold harmless Hydro, and its directors, officers, agents, consultants, and employees from and against claims, damages, losses and expenses, including but not limited to attorneys'fees, related to, arising out of or resulting from performance of the services or the contract, including but not limited to bodily injury, sickness, disease or death,or to injury to or destruction of tangible property, to the extent caused by the acts or omissions,whether negligent, intentional or otherwise, or breach of the contract by Buyer or the acts or omissions,whether negligent, intentional or otherwise, of its other contractors or anyone for whose acts Buyer may be liable, regardless of whether or not such claim,damage, loss or expense is caused in part by a party indemnified hereunder. THIS DEFENSE AND INDEMNIFICATION OBLIGATION IS INTENDED TO WAIVE ANY EXCLUSIVITY-OF-REMEDY DEFENSE OR EMPLOYER IMMUNITY PROVISIONS THAT MAY OTHERWISE BE AVAILABLE TO CONTRACTOR UNDER WORKERS' COMPENSATION OR SIMILAR LAWS. 11. INTELLECTUAL PROPERTY. Hydro shall retain sole ownership of all of its intellectual property used or produced in connection with the services, including but not limited to all drawings, specifications written materials, manuals, marks, business methods, and all other property that is capable of protection by a patent, copyright or trademark(whether or not such protection has actually been sought). Buyer shall not sell, license, assign or transfer the intellectual property protected by this paragraph to anyone. 12. TAXES. Prices stated herein do not include any tax, excise, duty or levy now or hereafter enacted or imposed, by any governmental authority on the manufacture, sale, delivery and/or use of any item delivered. An additional charge will be made therefore and paid by Buyer unless Hydro is furnished with a proper exemption certificate relieving Hydro of paying or collecting the tax, excise, duty or levy in question. 13. INTERPRETATION OF CONTRACT. This contract shall be construed according to the laws of the State of Maine, exclusive of conflicts or choice of law provisions. 14. CHOICE OF LAW&FORUM. Buyer and Hydro hereby consent and agree that the United States District Court for the District of Maine or the District Court or Superior Court located in the City of Portland, County of Cumberland, Maine will have jurisdiction over any legal action or proceeding arising out of or relating to the contract documents, and each party consents to the personal jurisdiction of such Court for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may ©2023 Hydro International Page 3 of 5 Proposal for#23_11_0025 Winter Springs, FL East WWTP 113 HydroHydro-Int.com International hereafter arise to contest such jurisdiction and venue in Maine. This Paragraph shall not be deemed a limitation of any rights or remedies which Hydro may have under any federal or state mechanics' lien laws or under any applicable labor and material payment bonds unless such rights or remedies are expressly waived by Hydro. 15. ATTORNEYS'FEES. If an arbitration or litigation arises out of the services, the contract, this transaction, or related thereto, either because Buyer has breached its obligations hereunder or under applicable law, or because Buyer has brought invalid claims against Hydro, Hydro shall be entitled to recover reasonable attorney's fees and costs. This right shall be in addition to, and not in limitation of, any right Hydro may have under applicable law. 16. SEVERABILITY&SURVIVAL. If any provisions of this contract are held invalid by a court of competent jurisdiction,the remainder of this contract shall not be rendered invalid, and such invalid provisions shall be modified, in keeping with the letter and spirit of this contract, to the extent permitted by applicable law so as to be rendered valid.The following Paragraphs shall survive termination of the contract: Paragraphs 7, 8, 10, 11, 13, 14, 15 and 16. 17. DEFINITIONS. "Accessible"sand, grit, rags, and sludge is sand,grit, rags, and sludge not obstructed by sharp corners or restricted angles, under steel plates or grating, in small crevices or openings, covered by thick layers of rags, or blocked to where Hydro's equipment cannot easily access it. 18. ANTI-BRIBERY. Hydro International will not engage in any form of bribery or corruption. The offering, giving or receiving of bribes is contrary to Hydro's values and can play no part in the way in which it carries out its business. Hydro requires you to support our approach and encourages you to implement provisions consistent with our policy through your own organization and your supply chain. Please find a copy of our Anti-Bribery and Corruption Policy on our website at: https://www.hydro-int.com/sites/default/files/hydro_international_anti-bribery_and_corruption_policy__july_2018.pdf ©2023 Hydro International Page 4 of 5 Proposal for#23_11_0025 Winter Springs, FL East WWTP 114