HomeMy WebLinkAbout4.537 Original Contract
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SERVICE CONTRACT
CSO FLOW MONITORING BY GEOTIVITY
PROJECT 06-33
THIS AGREEMENT is made and entered into this //~ay of ~~
2006, between the City of Port Angeles (hereinafter called the "Purchaser") and
Geotivity, Inc. (hereinafter called the "Contractor").
The Purchaser and the Contractor, in consideration of the performance of the
terms and conditions hereinafter mentioned, agree as follows:
ARTICLE I
CONTRACT DOCUMENTS
The contract consists of the attached Scope of Services and this Service
Contract. All obligations of the Purchaser and the Contractor are fully set forth and
described herein.
In the event of a discrepancy between any of the Contract Documents, as above
defined, the Purchaser shall make written interpretation thereof, which interpretation
shall govern.
ARTICLE II
SERVICES
The Contractor agrees to provide all labor, equipment, supplies and materials to
service and maintain the monitors and related equipment now installed and being used
to monitor the combined sewer overflows (CSOs) of the Purchaser. Contractor shall do
all things necessary to ensure that the monitors are in good working condition and
perform their intended functions accurately.
ARTICLE III
CONTRACT PRICE
As complete and exclusive consideration for all services to be performed by the
Contractor, Purchaser shall make payments to the Contractor in accordance with the
payment schedule as furnished in the attached Scope of Services. In any event,
Contractor agrees to provide all work and services for a total compensation not to
exceed $45,000 without amendment to this Contract.
ARTICLE IV
TERM
This Contract shall be in effect as of November 1, 2006, and continue to January
1, 2008, at which date it shall terminate.
Page 1 of 4
Geotivlty Contract 06-33. October 2006
ARTICLE V
ASSIGNMENT
The Contractor shall not assign any of its responsibility under this Contract
without the express written consent of the Purchaser.
ARTICLE VI
APPLICABLE LAW AND VENUE
This Contract shall be governed by, and construed in accordance with, the
applicable laws of the State of Washington. Any legal proceedings to determine the
rights and obligations of the parties hereunder shall be brought and heard in Clallam
County
ARTICLE VII
INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract is that of owner-independent contractor.
The Contractor is not an employee of the City and is not entitled to the benefits provided
by the City to its employees. The Contractor, as an independent contractor, has the
authority to control and direct the performance of the details of the services to be
provided. The Contractor shall assume full responsibility for payment of all Federal,
State, and local taxes or contributions imposed or required, including, but not limited to,
unemployment insurance, Social Security, and income tax. Superior Court.
ARTICLE VIII
NONDISCRIMINATION
During the performance of this Contract, the parties shall conduct their business
in a manner which assures fair, equal and nondiscriminatory treatment of all persons,
without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran
condition, physical or mental handicap, or national origin, and, in particular:
1.
The parties will maintain open hiring and employment practices and will
welcome applications for employment in all positions from qualified
individuals who are members of the above stated minorities.
2.
The parties will comply strictly with all requirements of applicable federal,
state or local laws or regulations issued pursuant thereto, relating to the
establishment of nondiscriminatory requirements in hiring and employment
practices and assuring the service of all patrons and customers without
discrimination with respect to the above-stated minority status.
Page 2 of 4
Geotlvity Contract 06-33. October 2006
ARTICLE IX
TERMINATION OF CONTRACT
In the event that any of the provisions of this Contract are violated by the
Contractor or the Contractor's subcontractors, the Purchaser may serve written notice of
intention to terminate such Contract upon the Contractor, which notice shall specify the
reasons therefore. Unless within thirty (30) days after serving such notice upon the
Contractor such violation shall cease and an arrangement for the correction thereof
satisfactory to the Purchaser be made, the Contract shall, upon the expiration of the
said thirty (30) days, cease and terminate. In the event of any such termination, the
Purchaser may purchase the materials necessary for complete performance of this
Contract, and the Contractor shall be liable to the Purchaser for any excess cost
thereby.
ARTICLE X
SEVERABILITY
If any term or condition of this Contract or the application thereof to any person(s)
or circumstances is held invalid, such invalidity shall not affect other terms, conditions,
or applications which can be given effect without the invalid term, condition, or
application. To this end the terms and conditions of this Contract are declared
severable.
ARTICLE XI
WAIVER
Waiver of any breach of any term or condition of this Contract shall not be
deemed a waiver of any prior or subsequent breach, no term or condition of this
Contract shall be held to be waived, modified, or deleted except by a written instrument
signed by the parties hereto.
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Geotivity Contract 06-33, October 2006
By:
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Geotivity Contract 06-33, October 2006
By:
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APP;t>VED AS TO ~
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William Bloor, City Attorney
ATTEST:
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<f. 537
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TIVITY
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Scope of Services
for
The City of Port Angeles
CSO Flow Monitoring
Project 06-33
Prepared by:
Jason Ostoforov
GEOtivity Limited
October 11 , 2006
TIVITY
www.geotivity.net
Table of Contents
Scope of Project ................... .......... ...................................... ......... ........................... .....3
1. Purpose of Project ....................... ......................................... ....................................3
2. Deliverables..............................................................................................................3
3. Alarm Notification......................................................................................................4
4. Timeline ....................................................................................................................4
5. Engineering Services................................................................................................5
6. Reporting..................................................................................................................5
7. Invoicing....................................................................................................................6
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TIVITY
www.geotivity.net
Scope of Project
1. Purpose of Project
The City of Port Angeles needs to have a reliable alarm at each of its four Combined
Sewer Overflows (CSO) outfalls. Timely notification of the start and end of each
overflow event must be maintained via email to a representative of the City.
Depth and velocity data will be collected at fifteen minute intervals from each of the four
independent sites that have already been installed.
GEOtivity will continue to provide the City of Port Angeles with unlimited access to
GEOtivity's SCADAserve platform, to review data, generate graphs, scatter plots and
other related online tools. GEOtivity will continue to provide the City of Port Angeles with
a monthly report indicating the number of overflows at each site and the calculated
quantity of each one. This report will be posted to the "Downloads" section of the
website by the 10th of each month.
2. Deliverables
2.1 Port Angeles
2.1.1 Port Angeles is responsible for site selection and any data anomalies that occur as
a result of transient flow conditions or insufficient flow levels at those sites.
2.1.2 Port Angeles is responsible for all flow analysis and for generating any reports
outside of the monthly overflow report.
2.1.3 Port Angeles is responsible for meeting with GEOtivity on a monthly basis. During
this meeting, the client will provide GEOtivity with feedback on the data.
2.1.4 Port Angeles is responsible for any costs relating to the damage or loss of the flow
monitoring equipment outside of equipment that is still under warranty or if any
damage caused by the negligence of GEOtivity.
2.1.5 Port Angeles is responsible for furnishing GEOtivity with rainfall data by the 6th of
each month so that it may be incorporated into the monthly report.
2.1.6 Port Angeles is responsible for paying all invoices on a net 30-day basis.
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TIVITY
www.geotivity.net
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:'2.2 GEOtivity
2.2.1 GEOtivity is responsible for providing continuous maintenance to the four installed
GEOtivity flow meters.
2.2.2 GEOtivity is responsible for getting authorization from the City of Port Angeles
before replacing any equipment or parts at site.
2.2.3 GEOtivity will complete data verification once per month using GEOtivity's Field
Calibration form (FCal). These verifications will be available for download from the
client's data analysis web site. These visits will include diagnostics, testing,
calibration, site maintenance and any required downloads.
2.2.4 GEOtivity is responsible for providing current flow data and will not be responsible
for comparing data from this study to that of any other studies.
2.2.5 GEOtivity will meet with the City of Port Angeles on monthly basis to review
previous month's data.
2.2.6 GEOtivity will provide the City of Port Angeles with immediate email notification
should an overflow event begin at any of the four CSO outfall locations.
2.2.7 GEOtivity will provide the City of Port Angeles with immediate email notification
should an overflow event end at any of the four CSO outfall locations
2.2.8 GEOtivity will conform to OSHA standards when completing any field work.
3. Alarm Notification
An overflow event is characterized as any time two of the installed sensors indicate an
overflow. This can be either both depth sensors, or anyone of the depth sensors and
the digital float switch. No new alarm start emails shall be sent within 24 hours of the
initial email for any given site.
4. Timeline
This extension of the flow monitoring contract will commence November 1 st, 2006 and
end on January 1 st, 2008.
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TIVITY
www.geotivity.net
5. Engineering Services
Data review will be the responsibility of Port Angeles and will be done through the client
web site provided by GEOtivity.
GEOtivity's SCADAserve data analysis website will include the following options:
. Graphing Capabilities
. Scatter plots
. Downloadable data in CSV format to be interfaced with Microsoft Excel
6. Reporting
The monthly overflow report will be in the same format as shown below.
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~DTIVITY
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Port Angeles
April Overflow Report 2004
Wet Weather Overflows
2
Total II
Flow
Gallons
3,563
1,032
Dry Weather Overflows
o
Site
Date
Site
Date
Total
Flow
Gallons
eso 06
April 13, 2004
April 27, 2004
leso 07
leso 10
No Wet Weather Overflows
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No Wet Weather Overflows
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TIVITY
www.geotivity.net
7. Invoicing
The monthly value of this contract is $2,544.00. The table shown below provides a cost
breakdown for monthly products and services as well as the cost of replacement parts.
All prices are shown in US dollars.
Item Quantity Price Total
Q2 Battery Replacement 1 $ 290.00
Velocity or Depth sensors 1 $ 969.00
Velocity Cards 1 $ 637.00
Web-based Data Management
& Processing 4 $ 212.00 $ 848.00
Field Services 4 $ 265.00 $ 1,060.00
Alarming Connectivity 4 $ 53.00 $ 212.00
Upload Rain Gauge Data 1 $ 212.00 $ 212.00
Monthly CSO Report 1 $ 212.00 $ 212.00
Desiccant Pack 1 $ 36.00
Data Loger 1 $ 714.00
GPRS Modem 1 $ 433.00
Monthly Total $ 2,544.00
Pricing is subject to a 2% increase annually due to inflation.
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