HomeMy WebLinkAboutC-4431 - PSA for On-Call Diving Services to Inspect, Clean and Repair ReservoirsAMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH LIQUIVISION TECHNOLOGY, INC.
FOR ON -CALL DIVING SERVICES TO INSPECT, CLEAN AND REPAIR
RESERVOIRS
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 3b day of December, 2009, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY "), and LIQUIVISION
TECHNOLOGY, INC. an Oregon Corporation whose address is 711 Market Street,
Klamath Falls, Oregon, 97601 ( "CONTRACTOR "), and is made with reference to the
following:
RECITALS:
A. On June 30, 2007, CITY and CONTRACTOR entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for on -call diving
services to inspect, clean and repair reservoirs.
B. CITY desires to enter into this AMENDMENT NO.1 to extend the term of the
AGREEMENT to December 31, 2014.
C. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1 ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to December 31, 2014.
2. COMPENSATION
City shall pay Contractor for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and shall be based on the
attached Schedule of Billing Rates (Exhibit A).
3. SERVICES TO BE PERFORMED
Contractor shall perform diving services to inspect, clean and repair reservoirs
pursuant to this Amendment No. 1 and according to the Request to Extend On-
Call Professional Services Agreement dated October 22, 2009, attached hereto
as (Exhibit B).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By. ,
Mynett D.eau hamp,
Assistant City Attorney
ATTEST:
By: X' Y
Leilani Brown,
City Clerk
o"fiOR"_�
CITY OF NEWPORT BEACH,
A Municipal Corporation
B.
C. e M rdoch,
Utilities Director
CONTRACTOR:
LIQUIVISION TECHNOLOGY, INC.
By:
(Corporate Officer)
Title: CEO
'�'iii�i► .Fila■: i3Ta"fii i:31000a'i1
(Financial Officer)
Title: Vice President
Print Name: William Surber
Attachments: Exhibit A — Schedule of Billing Rates
Exhibit B — Request to Extend On -Call Services Agreement
LiQUiViSiON UCHNOLOGY
DIVING G SERVICE
Ciffi 'iufailin .Acdr
Phone: Faye: (>41)883 -12_51 Western Operations
711 t #a*et Stmt liquivisic ni5�divings ioes.com 835' Mara�t Street
Klamath Falls, OR 57601 %wxV_diving5VVicaa_cQr Klamath Falls, OR 97,501
Kent Russell 10/28/2009
Newport Beach, City of Phone: Wk: (949) 718 -3423
3300 Newport Blvd FAX / Email: Fx: (949) 723 -3522
Newport Beach, CA. 92658 -8915 LVT Ref. #: *CA8083709R1 T_
For over 20 years Liquivision Technology has proven itself unsurpassed in the business of cleaning, inspecting and repairing
drinking water tanks. State of the art equipment and a staff dedicated to a commitment of excellence assure our place as the leader in
the industry. Our patented equipment is the only effective way to remove sediment and biofilm from not only the floors of water
reservoirs but the walls as well.
We are pleased to provide you the following firm quotation and outline of the conditions of our services.
Reservoir
Type
Dia.
Hgt.
Maximum
Surface
Cubic
Price for
Price for
Price for
or
(Feet)
Calculated
Area
Yards
Diver
Diver
Additional
LxW
Capacity
(S.F.)
Sediment
Inspection
Cleaning &
Sediment
(Feet)
(Gallons)
1" deep
Only
Inspection
Per inch
1. Proposal for commercial diving services consisting of cleaning and inspection of water
reservoirs.
Mobilization/ demobilization per occurrence. I I
I
$1,200
Labor rate per hour. This includes standard repair procedures and processes (see #2
below).
$450
Minimum charge of 6 hours per day. I I I
$2,700
Charges for additional inches of sediment over 1" will be billed hourly @ $450.00.
$450
Prices is valid untill December 31, 2018.
Subtotal
Total *Plus sales tax if a pplicable,
1. Additional sediment charge is a per inch charge (based on cubic yard price to the right) for everything
Variable Rates
over the number inches specified to the right. Sediment is measured and calculated as an average depth.
Avg. Sed. 2 Inches
2. Leak detection /repairs are done on a time and material basis. See hourly rate. Materials vary. Repairs
Cubic Yard NA
are only done with your authorization.
$ Per Hour $450
3. Filtration is charged on a per filter bag basis. Each bag is approximately 3' diameter by 75' long and is
Filter Bags $400
designed to capture approximately 9 cubic yards of sediment. Dechlorination of the water is a flat charge per
Dechlor. $50
reservoir. Using sprinklers to disperse the water is a flat charge per reservoir.
Sprinklers $200
4. If the reservoir is not accessible with our truck and trailer and requires us to use portable equipment an
Port. Equip. $450
hourly rate shall apply during setup and teardown. Delays are an hourly charge (see #6 on page 2).
Delay Hour $450
Our bids are based on a variety of factors that pertain to the length of time it takes to accomplish our work. The main consideration
is the amount of sediment that has to be removed. This of course is mainly influenced by the floor area of the reservoir and the depth
of the sediment. The following factors influence the length of time and our ability to accomplish the work.
This quote is based and contingent upon the following:
(C = Cleaning, Cl = Cleaning and Inspection)
1. That all information provided us is correct, entry hatches are large enough for a diver to enter, and all reservoirs are accessible
by four wheel drive pick -up truck pulling a 18' -22' trailer (total OAL 44'). Height and width apprx. 10' x 10'(CI)
2. During cleaning reservoir water levels must be kept at or near full capacity unless instructed prior to proceeding with work. (C)
3. Placement and disposal of effluent removed from the reservoir is done at the direction of the Customer. (C)
4. Quotes for cleaning assume that the sediment is normal material (such as silt, flocculated material, insects, manganese, rust,
etc.) found in potable water reservoirs that is easily removed by our vacuum system. If the sediment is difficult to remove such as
large amounts of concrete chips, gravel, sand, rocks, detached coating debris, etc., then our hourly rate shall apply for each hour
(over the first hour) for removing this material. (C)
5. Unless specified in quote detail we clean all submerged horizontal and angled berm or sloped surfaces. Vertical surfaces such
as the walls can be cleaned but must be listed separately in the quote detail or estimated by the divers upon inspection. We do
not clean surfaces that are out of the water. (C)
711 Market Street
LiQUIViSiON TECHNOLOGY
Klamath
(5141)883 -1361
6. If any information provided to us is incorrect or if any problems exist that inhibit our ability to complete the job on a timely
schedule, then we will notify you of the problem and reserve the right to add on to the quote based on our estimate of the
additional time it will take to complete the work. Charges for time delays are listed on page 1. This paragraph only applies to any
problems that are your responsibility (i.e. rescheduling with less than 2 business days notice, set up and start of work before
cancelation, etc.) (CI)
7. Laboratory analysis of water, coating, or debris samples is your responsibility unless specified earlier. (CI)
8. If filtration or dechlorination of discharged effluent is required there are additional charges for cost of materials. The additional
cost is listed in line #3 of your quote.
All inspections are done according to ASNT / NACE / AWS / ACI standards. All of our commercial divers and ROV operators are
trained in nondestructive testing and inspection procedures. All disinfection, cleaning and training procedures are in accordance with
AWWA standards.
Inspection reports include a high resolution color DVD /CD with real time imprint and a time log indicating where each feature or
problem area may be found. The DVD /CD is narrated live by the divers and your personnel (in the control trailer). One copy of a
computer generated, printed report is also provided with still color images of the fixtures and problem areas along with a schematic
diagram of each tank.
Our inspection procedure includes the following checklist:
• Security Exterior Ladder Floor and Wall Seams Scour/ Drain
• Man Entry Installed Sensors Interior Floor and Walls Coating Water Taps
• Entry Hatch Chlorine Injection Cathodic Protection Exterior Reservoir
• Overflow Sediment Depth Fill (inlet) / Discharge (outlet) Manual Level Indicator
• Ceiling Interior Ladder Support Columns Exterior Vents & Screens
For the total time we are inside the tank, the work can be viewed by your personnel on the video monitor. We record any portions
of the job that you request. We also record portions of cleaning and any area of interest or concern. Upon completion of cleaning, a
detailed inspection will be performed with particular attention to areas in need of further maintenance.
Our cleaning procedure is accomplished utilizing our proprietary vacuum cleaner, the "LiquiVaCTM" (Patented). The LiquiVacT°
pumps an average of 200 gallons per minute. It has a rotating soft bristle brush that scrubs the floor clean and removes all sediment
without creating turbidity in your reservoir. This is the only way to ensure that all biofilm is removed from the interior surfaces without
getting any of it mixed into the water column. This system also enables us to clean walls.
For coating repair in steel tanks we use a two part underwater epoxy. Each rust nodule or area of coating defect is wire brushed to
bare metal and epoxy is applied over the area. The epoxy chemically bonds to the steel, displaces water, and remains intact with a
greater bond than the original coating. All of our repair, sealing and coating materials meet or exceed NSF 60 & 61 standards.
We preform repairs in conrete reservoirs. An FDA approved dye is injected around cracks and seams, when leaks are detected
they are repaired with the appropriate material.
In over 20 years of providing diving services we continue to treat every customer as if they were our only customer. We are
dedicated to accomplishing every job with the utmost professionalism, safety and efficiency.
Please sign this quote and FAX both pages back to us with an approximate time frame of when you would like the work done. If
you have any questions please give us a call. We look forward to working with you.
Sincerely,
Bill Surber
VP Dive Operations
I find the above and preceding page of contingencies and procedures
acceptable.
Accepted by: Date:
Signature: Title:
r� MS
'. 4 Vic' S E R V T C
f rt u
22 October 2009
City of Newport Beach
Utilities Department
Aan: Cindv usher
3300 Newport Beach, CA 92658 -8915
Re: Amendment to Professional Services Agreement
Dear ifs. Asher;
LiquiVision Technology is requesting to extend the Professional Services Agreement for another
nine (9) years, valid until 31 December 2018. New rate sheets are attached.
Yours Truty.
Brent Budden
CEO
- William Surber
VP
PROFESSIONAL SERVICES AGREEMENT WITH
LIQUIVISION TECHNOLOGY, INC. FOR ON -CALL
DIVING SERVICES TO INSPECT, CLEAN AND REPAIR RESERVOIRS
THIS AGREEMENT is made and entered into as of this day of June, 2007,
by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City "), and
Liquivision Technology, Inc., an Oregon corporation whose address is 711 Market
Street, Klamath Falls, Oregon 97601 ( "Contractor "), and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call Dive Operations in potable water reservoirs for
Inspection, Cleaning and Repair of Reservoirs.
C. City desires to engage Contractor to perform on -call diving services in reservoirs
throughout the City.
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Contractor for purposes of Project, shall be Lisa
Betschart.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 day of December, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Contractor shall provide "On -Call" dive operations in potable reservoirs as
described in the Statement of Qualifications attached as Exhibit "A." Upon
verbal or written request from the Project Administrator, Contractor shall provide
a letter proposal for services requested by the City (hereinafter referred to as the
"Letter Proposal "). The Letter Proposal shall include the following:
(a) A detailed description of the services to be provided;
(b) The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
(c) The estimated number of hours and cost to complete the services;
(d) The time needed to finish the project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Contractor to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due
to causes beyond Contractor's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Contractor's control.
3.2 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing rates attached hereto as Exhibit "B" and incorporated herein by
reference. No rate changes shall be made during the term of this Agreement
without the prior written approval of the City. Contractor's compensation for
services performed in accordance with this Agreement, including all reimbursable
items and subcontractor fees, shall not exceed the fees identified in the Letter
Proposal, as approved by the Utilities Department. Any Letter Proposal that sets
forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall
require a separate Professional Service Agreement approved by City Council per
Council Policy F -14.
2
4.1 Contractor shall submit monthly invoices to City describing the work
performed the preceding month. Contractor's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Contractor
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Contractor:
A. The actual costs of subcontractors for performance of any of the
services that Contractor agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Contractor in the
performance of this Agreement.
4.3 Contractor shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Lisa Betschart to
be its Project Manager. Contractor shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Contractor, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
3
►,IIkglrlwl 1t1156VI
This Agreement will be administered by the Utilities Department. Kent Russell
shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Contractor in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Contractor's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Contractor will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Contractor and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Contractor represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Contractor to practice its profession.
Contractor further represents and warrants to City that Contractor shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
C!
to furnish timely information or to approve or disapprove Contractor's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
Contractor]) or Contractor's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Contractor,
its principals, officers, agents, employees, vendors, suppliers, contractors,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the work are under the control of Contractor, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Contractor or any of Contractor's employees or agents, to be the agents or
employees of City. Contractor shall have the responsibility for and control over
the means of performing the work, provided that Contractor is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Contractor as to the details of the performance or to
exercise a measure of control over Contractor shall mean only that Contractor
shall follow the desires of City with respect to the results of the services.
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11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of work, Contractor shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
0
the State of California. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Contractor for City.
2. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than Two Million
Dollars ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Contractor shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
D. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Contractor.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Contractor's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
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insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) days written notice has been received
by City.
A. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
B. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Contractor, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Contractor. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Contractor. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express written
consent of City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Contractor or any other party. Contractor shall, at Contractor's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Contractor
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Contractor will be at City's sole risk and without liability to
Contractor. Further, any and all liability arising out of changes made to
Contractor's deliverables under this Agreement by City or persons other than
Contractor is waived against Contractor and City assumes full responsibility for
such changes unless City has given Contractor prior notice and has received
from Contractor written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
19. OPINION OF COST
Any opinion of the construction cost prepared by Contractor represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Contractor has no control over the cost of labor and material, or over
competitive bidding or market conditions, Contractor does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
20. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Contractor's drawings and specifications provided
under this Agreement.
21. RECORDS
Contractor shall keep records and invoices in connection with the work to be
performed under this Agreement. Contractor shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
Q
period of three (3) years, or for any longer period required by law, from the date
of final payment to Contractor to this Agreement. All such records shall be
clearly identifiable. Contractor shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Contractor shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor
shall not discontinue work as a result of such withholding. Contractor shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Contractor shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Contractor, the additional design, construction and /or
restoration expense shall be borne by Contractor. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
25. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Contractor shall indemnify and hold harmless City for
any and all claims for damages resulting from Contractor's violation of this
Section.
10
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Contractor to City shall be addressed to City at:
George Murdoch
Utilities
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 718 -3400
Fax: 949 - 646 -5204
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Lisa Betschart
LiquiVision Technology, Inc.
711 Market Street
Klamath Falls, OR 97601
Phone: 541 - 883 -6473
Fax: 541 - 883 -1361
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Contractor. In the event of
termination under this Section, City shall pay Contractor for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
11
28. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Contractor shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
12
35. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
36. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason
of the authorship of the Agreement or any other rule of construction which might
otherwise apply.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
day and year first written above.
APPROVED AS TO FORM:
B:
`mot- `-._
By: c.ti -.mss
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH
A Municipal Corporation
By
46or u och
Acting Utilities Director
for the City of Newport Beach
CONTRACTOR:
_
La onne Harkless, By
City Clerk (Corporate Officer)
Title: V P
Print Name: J, 4-
By: X:L�x
-�,�(Financial Officer)
Title:
Print Name: -2R EJ-41 F, BL-Ii.-) 97r)
Attachments: Exhibit A - Statement of Qualifications
Exhibit B - Schedule of Billing Rates
13
Liquivision Technology
Page I of 2
Liquivision Technology has a threefold mission of Service,
Innovation, and Experience.
safety
We are continually upgrading our procedures to offer the best
solution for the needs of our customers. Whatever the need may
be, we either have a solution already, or can invent one for the
task at hand. LVT's shop personnel have experience and talent
in fabricating new tools or equipment.
One example of LVT innovation is a
specific tool we invented to address a
long neglected element of in-water
cleaning: the columns. The column
cleaner removes potentially harmful
deposits of sediment and biomass with
a special vacuum scrubber assembly
without creating turbidity.
Similarly innovative systems were designed to clean large pipes
Clearring
hispectiort
Repair
Why deaii resermrs?
(Did aria 1"w-liv Inethods
Our frilsslon
Bid form
Contact
http://www.divingservices.com/lvt/mission.htm 05/07/2007
Liquivision Technology
.?
Page I of 4
The following specifications and purpose for each have been
adopted by LVT as standards that are necessary to competently
and safely perform dive operations in potable water tanks.
Require Divers to use Dedicated Dry-Suits Made of a
Material Suitable for Disinfection: ANSI/AVVVVA Standard.
Prevents contamination of water. Diver's body does not come in
contact with water. The suit must be dedicated to potable water
use, because a suit used in contaminated water cannot be
adequately disinfected for use in potable water. The only material
suitable for disinfection is vulcanized rubber. Neoprene or shell
drysuits are too porous for rapid chemical disinfection.
Use of Dry Commercial Diving Hard Hat Meets ADC Standard
and many state Health Department requirements of using
external or surface supplied air. The commercial diving hard hat
keeps the Diver's head and neck from having any contact with
the water column. It prevents the diver from contaminating the
water with saliva or mucous from his sinuses and/or nasal
passages. It prevents any contamination of the water from sweat,
skin, hair, or associated microorganisms found on the diver's
body. Use of surface supplied air without hard hat (helmet) is -
unacceptable because saliva and mucous will escape through
regulator and mask.
Divers using SCUBA generally use a facemask or full-face mask.
Changes in pressure and temperature cause excessive
production of mucous from sinuses and nasal passages. It flows
out of the mask into the water when the air pressure increases
inside the mask or the diver exhales through his nose. This
occurs with a SCUBA mask, full-face mask, band mask, and
EXO or AGA mask. The latter full-face masks are much better
clearl;irig
Inspection
Repair
Why, clean reservoirs?
Old and rrevt metf-iods
Our Mission
Bgd forrn,
Contact
http://www.divingservices.com/lvt/standards.htm 05/07/2007
Liquivision Technology
than a SCUBA mask, however, they are still unacceptable. The
SCUBA regulator allows direct exhalation of air and saliva into
the water. A hard hat prevents these substances from flowing
into the water.
Beyond contamination issues a hard hat allows the diver to have
full-time reliable voice communication. This is possible due to the
fact that the diver does not have to hold a regulator mouthpiece
between his teeth and his head is in an air pocket. Therefore, the
microphone and speakers mounted inside the hard hat are as
functional as they would be out of the water. Another advantage
of the hard hat is that it allows for mounting of a video camera
and lights. This allows the diver to video all work being
accomplished.
SAM
External or Surface Air Supply. ADC and many State Heath
Departments Standards. OSHA regulations are specific in
requirements for SCUBA that are so limiting that make it
impractical to use. SCUBA is unacceptable in potable water dive
operations. OSHA requires that surface air supply operations
have two back up air sources. One is on site back up and the
second is a diver carried reserve. LVT divers have a primary air
source and two backup air sources. The primary air source is a
gasoline engine driven compressor. If the compressor stops the
primary back up automatically transfers air to the diver. Even
after the compressor stops the diver has approximately 15
minutes of air left in the system. The first backup air supply is
comprised of two high pressure cylinders in the dive support
trailer, which hold approximately 8 hours of air. The second
emergency air backup is a small cylinder carried on the diver's
back called a "bailout bottle". In the unlikely event that the diver
finds himself without air he can manually turn on the bail out air
supply, which provides enough air to safely exit the reservoir.
OSHA regulations require that commercial divers have their air
compressor monitored or tested for maximum carbon monoxide
levels daily or in the case of air supply cylinders have each batch
of cylinders tested when they are filled. LVT exceeds this
requirement by constantly monitoring all air supplied to the diver
whether by the compressor or the backup high-pressure
cylinders. All air passes through the air monitor before reaching
the diver and shows carbon monoxide levels as well as oxygen
levels.
Three Man Dive Team: On October 29, 1996, OSHA issued an
interpretation of the rules under which commercial diving
Page 2 of 4
http://www.divingservices.com/lvt/standards.htm 05/07/2007
Liquivision Technology
operations are required to be conducted. In all instances a
minimum three-man dive team is specifically required. If two
divers are submerged then a five-man team is required. All dive
team members must meet commercial training and experience
requirements. Recreational SCUBA certification, alone, is not
acceptable. The Association of Diving Contractors offers
Commercial Certification that can be obtained by anyone who is
qualified.
Full-Time Reliable Voice Communication between surface
and Diver. This is an OSHA regulation. The system allows for -
constant communication between the diver, and all surface
personnel. The diver, dive controller in the support vehicle and
the dive tender at the reservoir entrance point can communicate
with each other at all times. In addition, utility employees can
communicate with the diver at any time. It is apparent that full
time communication with the diver is an important safety factor.
But for purposes of a more efficient inspection, cleaning, and
repair program this enables the diver to immediately discuss any
observations he makes inside the reservoir. This is important
when considering how difficult it is to pinpoint a specific area
when inside a large water tank.
Because of constant communication with surface personnel and
constant video viewing it is easy to locate and identify the
observations made by the diver. It also saves a great deal of time
and money when the utility staff can tell the diver how to deal
with an extraordinary problem while the diver is there and able to
perform the task at that moment.
Full time voice communication also allows for, and is the only
way to have, accurate live voice input on video when recording.
Full-Time Live High Resolution Color Video: Allows for
constant viewing of diver's work and observations. This has
apparent safety considerations, but helps most when evaluating
the work accomplished inside the reservoir. It is impossible for
the diver to do a haphazard job or cause turbidity in the water
column while he is under constant visual scrutiny. If a contractor
cleans a reservoir without live video and then goes back and
video tapes the interior subsequent to the work, it is impossible to
tell whether the entire reservoir is being observed on the tape or
how much sediment was stirred up into the water during the
cleaning process. Regardless of how good a persons memory is,
it is difficult to remember the details of the inside of a reservoir
after spending as much as 8 or more hours cleaning it and then
returning to video tape the results and later adding voice
narration to explain what is on the silent video tape. That is why
LVT uses full-time, live video with full-time voice communication
that is recorded simultaneously with the visual record. It is also
Page 3 of 4
http://www.divingservices.com/lvt/standards.htm 05/07/2007
Liquivision Technology
important that the video is high resolution and that it have infinite
focus.
There have been a number of cases reported whereby
unscrupulous diving contractors have not finished a cleaning job
and were able to hide the fact with inspection video's that were
done with cameras that had a short focal range of 5 feet or less.
Standards, Procedures, and Safe Practices Manual: OSHA
requirement that this document must be present and available to
divers at each dive location.
Page 4 of 4
http:// www. divingservices .conl/lvt /standards.htm 05/07/2007
Liquivision Technology - Repair
In-water retrofitting and repairs help avoid costly downtime and
ensure that the repairs function properly in the environment for
which they are designed. LVT dive crews are capable of
performing a wide range of underwater repairs.
Liquivision uses a two-part underwater
epoxy for coating failure. The epoxy
chemically bonds to the metal and
creates a barrier that is just as strong,
or stronger, than the original coating.
For leaks or cracks in concrete reservoirs, we utilize an FDA
approved dye. Once the leaks are located, they are repaired with
the appropriate material for the size of the job.
Page I of I
Cleaning
Inspection
Repair
Why clean reservoirs?
Old and nevi rnethods
Our mission
M form
Contact
http://www.divingservices.com/lvt/repair.htm 05/07/2007
Liquivision Technology - Cleaning
D I V I N G S E RV I C E S
Page I of 2
LVT's divers enter the reservoir while it is in service and fully
operational. To prevent contamination, the diver wears a
vulcanized rubber dry suit and is decontaminated before entering
the reservoir.
U33��
underwater
In the past, it was virtually impossible to allow a reservoir to
remain in-service while the walls were cleaned because of the
amount of turbidity created while
mn� brushing them. Now, the LiquiVaC'STM
hispectiori
Repair
Why clean reservoirs?
oil and aew metheds
our, mission
Bid form
Coritact
http://www.divingservices.com/lvt/cleaning.htm 05/07/2007
Liquivision Technology - Cleaning
unique design allows it to be used on
the walls as well as the floor. With other options, such as column
cleaning and pipe cleaning, you can choose to avoid the strain of
draining the reservoir and still achieve a thorough cleaning.
Page 2 of 2
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Liquivision Technology
and Ranney collectors.
With over 20 years of experience, LVT divers have literally
inspected thousands of reservoirs. Structures cleaned have
ranged in size from 6 thousand gallons to 62 million gallons.
Construction types have included steel (welded, riveted, or
bolted), concrete, redwood, and earth embankment hypalon
lined with floating cover.
With this time and experience, Liquivision Technology has
developed a system that has no equal.
Page 2 of 2
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Liquivision Technology - Inspections
� I I I I
DI V1 NG SERVICES
Page 1 of 2
Liquivision Technology utilizes a thorough inspection method that
has been developed to detect and document all important issues
and problems. Full -time, two -way voice communication with the
diver is maintained and is captured on the video record of the
inspection. Our specialized equipment enables the customer to
monitor and participate in the inspection by giving the diver
instructions while he is inside the reservoir. The video monitors
are on during the entire cleaning and inspection process.
• -•
•
Remotely Operated Vehicles (ROV)
can be an attractive alternative for in-
water inspections where there are
space or entry restrictions, budget
considerations, or limited reservoir
access. LVT's ROV was specially
designed for tank inspections.
,. I .T �-•.
A comprehensive report is prepared with full -color images which
describes the conditions of the reservoir components and lists
http : / /www.divingservices.com /lvt /inspect.htm 05/07/2007
Liquivision Technology - Inspections
.any recommended repairs.
r
LVT INSPECTION CHECKLIST
site Security
Reservoir Exterior
Exterior Ladder
Center Vent
Side Vents
Telemetry
Man. Level Ind. (Ext.)
Entry Hatch
Overflow (Ext.)
ManEntry (Ext.)
Interior Ladder
Telemetry Sensor
Sediment
Walls
Floor
Man Entry (Int.)
Support Columns
Cathodic Protection
Overflow (Int.)
Fill (Inlet)
Discharge (Outlet)
Scour
Water Tap
Ceiling
Man. Level Ind. (Int.)
Overall Condition
Page 2 of 2
http:// www. divingservices .com /lvt /inspect.htm 05/07/2007
L,iaui iSiOH
D I V I N G
Office /Mailino Address Western Operations
711 Market Street 835 Market Street
Klamath Falls, OR 97601 Klamath Falls, OR 97601
www.divinciservices.com
1 �
Kent Russell 06 -14 -07
Newport Beach, City Of Phone:
3300 Newport Blvd FAX / Email: Wk: (949) 718 -3423 Kent
P.O. Box 1768 LVT Ref. #: Fx: (949) 723 -3522 George's fax
For over 20 years Liquivision Technology has proven itself unsurpassed in the business of cleaning, inspecting and repairing
drinking water tanks. State of the art equipment and a staff dedicated to a commitment of excellence assure our place as the leader in
the industry. Our patented equipment is the only effective way to remove sediment and biofilm from not only the floors of water
reservoirs but the walls as well.
We are pleased to provide you the following firm quotation and outline of the conditions of our services.
Reservoir
Type
Dia.
Hgt.
Maximum
Surface
Cubic
or
(Feet)
Calculated
Area
Yards
LxW
Capacity
(S. F.)
Sediment
(Feet)
(Gallons)
1" deep
1. Proposal for commercial diving services consisting of cleaning and inspecting potable water reservoirs.
Mobilization / demobilization per occurrence
$1,200
Labor rate per hour. This includes standard repair procedures and processes (see #2 below).
$450
Minimum charge (6 hours) per day
$2,700
Charges for additional inches of sediment over 1 inch will be billed hourly @ $450
$450
Prices guaranteed through 2009
Adjustments, if any. I
NA
Total Plus sales tax if applicable)
1. Additional sediment charge is a per inch charge (based on cubic yard price to the right) for everything
Variable Rates
Avg. Sed. 1 Inch
over the number inches specified to the right. Sediment is measured and calculated as an average depth.
2. Leak detection /repairs are done on a time and material basis. See hourly rate. Materials vary. Repairs
Cubic Yard N
are only done with your authorization.
$ Per Hour $450
3. Filtration is charged on a per filter bag basis. Each bag is approximately 3' diameter by 75' long and is
Filter Bags $400
designed to capture approximately 9 cubic yards of sediment. Dechlorination of the water is a flat charge per
Dechlor. $50
reservoir. Using sprinklers to disperse the water is a flat charge per reservoir.
Sprinklers $200
4. If the reservoir is not accessible with our truck and trailer and requires us to use portable equipment an
Port. Equip. $450
hourly rate shall apply during setup and teardown. Delays are an hourly charge (see #6 on page 2).
1 Delay Hour $450
5. Quotation is valid for 90 days. Upon acceptance work shall be accomplished at mutually acceptable date(s) through 2009
In over 20 years of providing these services we continue to satisfy every customer as if they were our only customer. We are
dedicated to accomplishing every job with the utmost professionalism, safety and efficiency. We look forward to working with you.
Please sign below and FAX this page back to us with an approximate time frame of when you would like the work done. If you have
any questions please give us a call. We look forward to working with you.
Sincerely,
John Duncan
Director of Marketing
I find the above and following page of procedures and contingencies
acceptable.
Accepted by: Date:
Signature: Title:
711 Market Street
Klamath Falls, OR 97601
one: (541) 883-473
LiQu, IISWN �cMNOLOGY Ph Fax: (541) 883 -1361
Our bids are based on a variety of factors that pertain to the length of time it takes to accomplish our work. The main consideration
is the amount of sediment that has to be removed. This of course is mainly influenced by the floor area of the reservoir and the depth
of the sediment. The following factors influence the length of time and our ability to accomplish the work.
This quote is based and contingent upon the following: (C = Cleaning, Cl = Cleaning and Inspection).
1. That all information provided us is correct, entry hatches are large enough for a diver to enter, and all reservoirs are accessible by
four wheel drive pick -up truck pulling a 18' -22' trailer (total CAL 44'). Height and width apprx. 10' x 10'(CI)
2. During cleaning reservoir water levels must be kept at or near full capacity unless instructed prior to proceeding with work. (C)
3. Placement and disposal of effluent removed from the reservoir is done at the direction of the Customer. (C)
4. Quotes for cleaning assume that the sediment is normal material (such as silt, flocculated material, insects, light sand,
manganese, rust, etc.) found in potable water reservoirs that is easily removed by our vacuum system. If the sediment is difficult
to remove such as large amounts of concrete chips, gravel, rocks, detached coating debris, etc., then our hourly rate shall apply
for each hour for removing this material. (C)
5. Unless specified in quote detail we clean all submerged horizontal and angled berm or sloped surfaces. Vertical surfaces such
as the walls can be cleaned but must be listed separately in the quote detail or estimated by the divers upon inspection. We do
not clean surfaces that are out of the water. (C)
6. If any information provided to us is incorrect or if any problems exist that inhibit our ability to complete the job on a timely
schedule, then we will notify you of the problem and reserve the right to add on to the quote based on our estimate of the
additional time it will take to complete the work. Charges for time delays are listed on page 1. This paragraph only applies to any
problems that are your responsibility. (CI)
7. Laboratory analysis of water, coating, or debris samples is your responsibility unless specified earlier. (CI)
8. If filtration or dechlorination of discharged effluent is required there are additional charges for cost of materials. The additional
cost is listed in line #3 of your quote.
All inspections are done according to ASNT / NACE / AWS / ACI standards. All of our commercial divers and ROV operators are
trained in nondestructive testing and inspection procedures. All disinfection, cleaning and training procedures are in accordance with
AW WA standards.
Inspection reports include a high resolution color DVD /CD with real time imprint and a time log indicating where each feature or
problem area may be found. The DVD /CD is narrated live by the divers and your personnel (in the control trailer). One copy of a
computer generated, printed report is also provided with still color images of the fixtures and problem areas along with a schematic
diagram of each tank.
Our inspection procedure includes the following checklist:
• Security Exterior Ladder Floor and Wall Seams Scour/ Drain
• Man Entry Installed Sensors Interior Floor and Walls Coating Water Taps
• Entry Hatch Chlorine Injection Cathodic Protection Exterior Reservoir
• Overflow Sediment Depth Fill (inlet) / Discharge (outlet) Manual Level Indicator
• Ceiling Interior Ladder Support Columns Exterior Vents & Screens
For the total time we are inside the tank the job is on video and can be viewed by your personnel. We record any portions of the job
that you request, or in your absence, we record the areas of interest listed above with particular attention to areas in need of further
maintenance. We are prepared to give you an estimate for and accomplish repairs at the time of inspection.
Our cleaning procedure is accomplished utilizing our proprietary vacuum cleaner, the "LiquiVacTM" (Patented). The LiquiVacTM
pumps an average of 200 gallons per minute. It has a rotating soft bristle brush that scrubs the floor clean and removes all sediment
without creating turbidity in your reservoir. This is the only way to ensure that all biofilm is removed from the interior surfaces without
getting any of it mixed into the water column. This system also enables us to clean walls.
For coating repair in steel tanks we use a two part underwater epoxy. Each rust nodule or area of coating defect is wire brushed to
bare metal and epoxy is applied over the area. The epoxy chemically bonds to the steel, displaces water, and remains intact with a
greater bond than the original coating. All of our repair, sealing and coating materials meet or exceed NSF 60 & 61 standards.
For leaks or cracks in concrete reservoirs we utilize a leak detection and repair procedure. The first stage of repair is to perform a
leak detection using a FDA approved dye which is injected around suspected cracks or seams. When the leaks are located they are
repaired with the appropriate material.
LIQUi iSiON TE- CMNOLOGY
Billing /Change Order /Estimate Form
Kent Russell
Newport Beach, City Of
3300 Newport Blvd
P.O. Box 1768
Team Leader:
Diver #2:
Diver #1:
Diver #3:
711 Market Street
Klamath Falls, OR 97601
Phone: (541) 883 -6473
Fax: (541) 883 -1361
06 -14 -07
Phone:
FAX / Email: Wk: (949) 718 -3423 Kent
LVT Ref. #: Fx: (949) 723 -3522 George's fax
Reservoir
Type
Dia.
or
LxW
(Feet)
Hgt.
(Feet)
Maximum
Calculated
Capacity
(Gallons)
Cubic
Yards
Sediment
1" deep
Date
Work
Done
1. Proposal for commercial diving services consisting of cleaning and inspecting potable
Mobilization / demobilization per occurrence
Labor rate per hour. This includes standard repair procedures and processes (see #2
Minimum charge (6 hours) per day !
Charges for additional inches of sediment over 1 inch will be billed hourly @ $450
Prices guaranteed through 2009
Adjustments, if any.
Total *Plus sales tax if applicable'
water reservoirs.
below).
-
$1,200
$450
$2,700
$450
-
NA
-
i
1. Additional sediment charge is a per inch charge (based on cubic yard price to the right) for everything
over the number inches specified to the right. Sediment is measured and calculated as an average depth.
Variable Rates
Avg. Sed. 1 Inch
2. Leak detection /repairs are done on a time and material basis. See hourly rate. Materials vary. Repairs
are only done with your authorization.
Cubic Yard N
$ Per Hour $450
3. Filtration is charged on a per filter bag basis. Each bag is approximately 3' diameter by 75' long and is
designed to capture approximately 9 cubic yards of sediment. Dechlorination of the water is a flat charge per
reservoir. Using sprinklers to disperse the water is a flat charge per reservoir.
Filter Bags $400
Dechlor. $50
Sprinklers $200
4. If the reservoir is not accessible with our truck and trailer and requires us to use portable equipment an
hourly rate shall apply during setup and teardown. Delays are an hourly charge (see #6 on page 2).
Port. Equip. $450
Delay Hour $450
Itemize work:
Time or Quantity:
Extended:
Sales Tax if any:
Total
Authorization Signature:
Estimation of cost for recommendations that LVT can perfor m.
Recommendations:
Estimated Labor
Estimated Material
Total Estimate
Total