HomeMy WebLinkAbout2009-323
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RESOLUTION NO. 2009-323
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $200,000 WITH FOUR
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO ADVANCED SEWER
TECHNOLOGY FOR THE CLEANING AND VIDEO INSPECTION OF SEWER MAIN
LINES.
WHEREAS, Advanced Sewer Technology submitted the lowest bid for the
cleaning and video inspection of sewer main lines per RFQ F-09-14;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Advanced Sewer Technology, a copy of which is attached hereto,
marked as Exhibit "A", and incorporated herein by this reference as fully as though set
forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a Purchase Order to Advanced Sewer
Technology in the amount of $200,000 for FY 09-10.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, "Advanced Sewer Technology for the cleaning and video inspection of
sewer main lines. Agreement not to exceed $200,000" and shall incorporate the terms
and conditions of the agreement.
SECTION 4. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
days of the passage of this resolution.
11/
2009-323
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $200,000 WITH FOUR
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO ADVANCED SEWER
TECHNOLOGY FOR THE CLEANING AND VIDEO INSPECTION OF SEWER MAIN
LINES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 21st day of September
, 2009, by the
following vote, to wit:
Council Members: AYES NAYS ABST AI N ABSENT
ESTRADA x
BAXTER x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
~~h~
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
September , 2009.
"X2-,..\: day of
,
~~~
ri J. Morri~or
City of San Bernardino
Approved as to Form:
2009-323
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 21st day of September 2009, by
and between Advanced Sewer Technology ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the cleaning and video inspection of sewer
main lines; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for the cleaning and video inspection of sewer main lines per RFQ F -09-14; and,
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in RFQ F-09-14, a copy of which
is attached hereto as Attachment "1" and incorporated by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $200,000, for the cleaning and video
inspection of sewer main lines as per Attachment "1."
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from September 21, 2009 through June 30, 2010,
with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective
Exhibit "A"
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July 1,2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1,
2012 through June 30, 2013. Option year four, if exercised, shall be effective July 1, 2013
through June 30, 2014.
This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omISSIOns. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
. accomplishment of the work or performance of services under this Agreement.
III
Exhibit "A"
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5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
Exhibit "A"
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Advanced Sewer Technologies
4617 Brazil St
Los Angeles CA 90039
Telephone: (818) 265-5046
Contact: Jeff Garcia! Jeffg@rw-ast.com
9. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
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Exhibit "A"
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10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law aSSign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws ofthe State of California.
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs, representatives, successors, and assigns.
14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
proVISIOns.
Exhibit "A"
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15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
1/1
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Exhibit "A"
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VENDOR SERVICE AGREEMENT
ADVANCED SEWER TECHNOLOGY
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated:~.-r It( ,2009
DateW_ 02-3 ,2009
B
Approved as to Form:
Exhibit "A"
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ATTACHMENT "I"
PRICE FORM
@c
o~"
REQUEST FOR QUOTES:
RFQ F-09-14
DESCRIPTION OF RFQ:
Cleaning and Video Inspection of Sewer Lines
MVD..f\CPA ~if Kclt\{)DI O'31es
'4:&17 t3(a~\\ S-h-~"\; (j
L,,:> Ava);"" CA qc~=)~q
COMPANY NAME/ADDRESS:
NAME OF AUTHORIZED
REPRESENTATIVE
\
4i
b-4.(t:
318- 5SO-J,7 d.. \
8/8- S53-frL, S9
PRINT NAME
TELEPHONE NO.
FAX NO.
Please provide a Firm Fixed Fee per linear foot for cleaning and video inspection of sewer
mains, which includes: labor, materials, equipment, tools, incidentals, plus two (2) color DVD's.
UNIT
FEE
Linear Foot
$D.71
ANNUAL PURCHASE ORDER
Effective on or about September 1, 2009 through June 30, 2010 plus four (4) single-year
renewal options, fat the City's discretion for City's requirements,
Option vear one if exercised, shall be effective July 1, 2010 through June 30, 2011.
Option vear two if exercised, shall be effective July 1, 2011 through June 30, 2012.
Option year three if exercised, shall be effective July 1, 2012 through June 30, 2013.
PRICE FORM (cont.)
Option vear four if exercised, shall be effective July 1, 2013 through June 30,2014.
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising
of any given option year. Option years shall become effective only upon issuance by the City
of a duly authorized Purchase Order.
Are there any other additional or incidental costs, which will be required by your
@in order to meet the requirements of the Technical Specifications? Yes I
No . (circle one). If you answered "Yes", please provide detail of said additional
costs:
Please indicate any elements of the Technical Specifications that cannot be met
by your firm. ~ I
,JDf\.L
Have you included in your bid all informational items and forms as requested@
I No (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable % 'D days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
PRICE FORM (cont.)
From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate all Addenda to this RFQ received by your firm, and the date said
Addenda was/were received.
Verification of Addenda Received
Addenda No: .-1
Addenda No:
Addenda No:
Received on: 10 iliaCi
Received on:
Received on:
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II \ ..... . 'IU7 13i'~ZII',c
..tj{AV{).>!IfPl\ ~AA1uTedl\\'\l>~e\ h,>A;{tf, CjjjlJ
FAX: ~If-SS-) -/,.k ?,4 (J e,
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE:
DATE SIGNED:
COMPANY NAME & ADDRESS:
PHONE: '01&--SS1Ycl..,(l\
EMAIL:~&~~\Vn\.3t:.CoM
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
Addendum#!
RFQ F-09-!4
San Dernar IRO
OM
June 1,2009
ADDENDUM #1
TO
Request for Quotation (RFQ) F-09-14
Sewer CleaningNideo Inspection
Notice is hereby given that the following changes, additions, deletions, or
clarifications are incorporated as an Addendum to the Request for Quotation
(RFQ) F-09-14.
1. I s the contractor responsible for traffic control?
Yes
2. Is it possible to get a listing of how many feet per each diameter?
See attached Exhibit "A. "
3. Other than obtaining a meter, is the contractor responsible for the cost of
water used?
No
4. Is the contractor responsible for the water and the meter used?
No
5. The proposal makes it sound like we will be preparing an actual verbal
presentation. Is that the case?
No, Contractor could be asked to go over data if City Staff needs
clarification on data presented.
6. Are there any types of bonds associated with the bid?
Addendum #1
RFQF-09-14
No
7. Is the contractor responsible for any type of city contract?
Yes, Standard service contract will need signature before work can
take place.
8. Is this a prevailing wage job?
Yes
9. Is there a time of day the work must take place within?
Yes, tam to 5pm.
10. Does the City have a current GIS database that the contractor will be able to
use?
Yes
11.ls there an electronic database of whole collection system that will be
assigned for this project? (Manhole number, pipe ID number, pipe size, pipe
type, length, GPS coordinates X, Y&Z, age of the pipe, exe.) That we could
use for scheduling, Tracking reporting and budgeting.
Yes
12.lf not, would the City like a proposal to provide these services such as linking
the CCTV and cleaning information to a GIS database?
No
13. Do you have the project already laid out on a map? If so could we see it?
No, The project is not laid out on a map however the project will
consist of a portion of residential and commercia/lines.
14. Will the cleaning and video inspections be continues runs grouped together in
a given area or will they be broken up all over the city so a set up would be
required for each run?
No
15. For Pipe segments or manholes that fall into other agencies Right of Way or
private property. (Such as Caltrans or the airport) Will the City allow us to use
their blanket permit or will they provide use with access into the restricted
areas?
Addendum # 1
RFQ F.09-14
Yes
16. For pipe segments that have failed or are missing all together and the
contractors equipment gets stuck. Will the City provide resources to recover
the equipment or pay for the damages?
No
17. Does the City use PACP Codes for the CCTV Inspection or does the City
have their own codes?
Yes the PACP codes are used.
18. All bids shall be evaluated by Executive Order 2003-1 and the Evaluation &
Award Criteria. See attached Exhibit "B."
Sincerely,
Deborah R. Morrow, C.P.M., MPA
Purchasing Division
Advanced Sewer Technologies
4617 Brozil Street
los Angeles, CA 90039
Ph. (800) 800-0510
Fox (818) 553-6619
license # (Aj803638
90 Day Bid Validity Statement
Authorized Signature
Amended: August 31, 2009
The price listed on this bid, RFQ F-09-14; Cleaning and Video Inspection of Sewer
Lines, is valid for 90 additional days (180 days total) from the opening of the bid.
I, Jeff Garcia, Operations Manager for Advanced Sewer Technologies, am authorized as
an agent of the corporation, to submit and sign proposals and bids on behalf of Advanced
Sewer Technologies,
At the City's request, I agree to extend the validity of the price furnished to the City in
this bid through the end of November, 2009.
ehjD~
Date' /
SEWER CLEANING
CCTV INSPECTION
INDUSTRIAL MUNICIPALITIES
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY I
1. SCOPE OF WORK
Furnish all labor, materials, equipment, tools and
incidentals necessary to provide for the cleaning
and video inspecting of the sewer mains utilizing a
color closed circuit television inspection unit to
determine the condition of the lines. Submit two (2)
copies of a color DVD of the recorded inspections
to the Sewer Maintenance Supervisor or his
designee.
2. CITY SUPPORT
The City will provide the following:
. Sewer Atlas Grid Maps
. Assistance with containment and reporting of
any spill.
. Assistance with a location to dump debris
collected from sewer main cleaning
3. SEWER CLEANING
All sewers shall be cleaned within 24 hours prior to
video inspections except as directed otherwise by
the Deputy Director of Public Services. Cleaning
shall include removal of grease, roots, debris and
other obstructions to facilitate the video inspection.
The VENDOR shall use the appropriate nozzle or
cutter head, (i.e. high velocity, water jet, root cutter,
etc.), to accomplish the cleaning as required for that
particular reach of sewer.
Cleaning methods shall be employed to sufficiently
clean the pipe so the camera can pass and can
fully ascertain and document the structural and
operational condition of the sewer pipe. Any costs
associated with video work that is necessitated bv
ACCEPTABLE/AS
SPECIFIED
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the VENDOR'S failure to sufficiently clean the main
shall be borne entirely by the vendor.
The VENDOR shall use a maintenance report form AtcLr-h~
supplied by the City to record the location of the
cleaning operation, the number of feet cleaned and
the conditions encountered for each section of
sewer main that is cleaned. The maintenance
reports shall be delivered along with the DVD's,
logs and other materials when a designated area of
work has been completed. Any costs required to
re-clean either an unreported or an insufficiently
cleaned main shall be borne entirely by the
VENDOR.
4. DVD's
Prior to commencement of work the City shall
approve the video formats. The vendor shall use
equipment specially designated and constructed for
sewer and video inspections. The date of
inspection, continuous forward and reverse
readout of camera distance from referenced
access hole, the upstream and downstream
manhole with an arrow indicating flow direction,
the size of the pipe, the name of the street, the
time of day and the project location name as Acctr~~lt
supplied by the City shall be displayed
continuously on the monitor and recorded on
the video.
A. Log Formats. Each DVD will be permanently
labeled with the following:
1. Project name, street name or segment name
2. Date video inspected
3. Location and size of sanitary sewer
4. Name of Vendor
5. Date submitted
6. DVD number(s)
B. DVD Quality. If the vendor produces a DVD of
such poor quality that City staff is unable to
evaluate the condition of the sanitary sewer main
line or locate the sanitary sewer service laterals
connections, the VENDOR will be required to re-
inspect the sanitary sewer main and provide a new
DVD of good quality at no additional cost.
C. The VENDOR will be required to have all
materials, a water meter, equipment and labor on
job site prior to isolating the sewer manhole
segment and beginning cleaning or video inspection
operations. A camera with rotating/panning lens
capabilities is required.
D. Video Logs. Provide, with each completed
DVD, a TV inspection report which is a written log
of all pipe defects, sags, points of root intrusion,
offset points, service connection locations and
conditions recorded on a footage basis. This log
will also denote the section being televised, flow
and camera directions, position of taps or failures,
pipe condition and weather conditions. This report
will be submitted to the Sewer Maintenance
Supervisor or his designee.
5. VIDEO EQUIPMENT OPERATIONS
The VENDOR will be responsible for the TV
inspection equipment having an accurate footage
counter, which displays on the monitor the distance
of the camera from the centerline of the starting
manhole. Adjust the camera height such that the
camera lens is always centered (1/2 10 or higher) in
the pipe being televised. In no case will the
television camera be pulled or propelled though the
line at a speed greater than 25 ft. per minute.
Technicians with a minimum of two years
experience shall only perform TV inspection,
monitoring and recording. The VENDOR shall
furnish qualification details and a sample DVD
for each technician so that the City prior to the
commencement of work can approve their
involvement in the project.
6. NEGOTIABILITY OF SEWERS
The City of San Bernardino makes no guarantee
that all of the sanitary sewer mains proposed to be
video inspected are clear for the passaoe of a
Pr~l1
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camera. No separate and/or additional payment
will be made for any excavation, man entry and/or
any other method, which may be required to
retrieve video equipment that has been hung up,
destroyed, andlor lost during video inspection
operations.
7. UNIT PRICING PER LINEAR FOOT (LF)
Provide a pricing quote that is a firm fixed fee per
linear foot (LF) for cleaning and video inspections of
the sewer main lines. The City intends to hire a
VENDOR to clean and video inspect up to or
approximately 150,000 linear feet per year or 28.5 Acaph6~
miles per year.
The 150,000 linear feet quantity is an estimate only
and is shown solely for the purposes of comparing
proposals.
Under no circumstances will the VENDOR be
allowed to invoke an hourly rate for cleaning
without prior written approval by the City.
The City reserves the right to invoke hourly
compensation in lieu of unit rate compensation
whenever it deems necessary. Such requests will
be made prior to the commencement of work.
8. REFERENCE LIST
Provide three (3) local government agencies and/or At+6~
company's previous or current contact references
that support your ability to provide cleaning and
video inspection services of sewer main lines.
9. CONTRACT LENGTH
The length of this contract shall be for one (1) year ~lo~
with four (4) one-year extensions at the City's
option.
10. LICENSES
The VENDOR represents that it has all licenses, ~&h
permits, qualifications and approvals of whatever
nature that are legally required to provide cleaning
and video inspection services of sewer main lines,
including a City Business License, and that such
licenses and approvals shall be maintained
throughout the term of this Contract.
11. CONTRACTOR NON-COMPLIANCE
A. If the Public Services Department Director, or his
designee, determines that there are deficiencies in
the performance of the work, the Public Services
Director, or his designee, will provide a written
notice to the vendor stating the deficiencies and
specifying a time frame to correct the specified
deficiencies. This time frame shall be reasonable,
as determined by the Public Services Department
Director, or his designee, to correct the specified
deficiencies.
B. Should the vendor fail to correct any deficiencies
within the stated time frame, the Public
Services Department Director, or designee, may
exercise the following measures:
1. Deduct from the vendor's payment the amount
necessary to correct the deficiency, including
City overhead costs and impose a deficiency
deduction.
2. Withhold the entire or partial payment.
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