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Home My WebLink About4.502 Original Contract <I. 5o~ '~ .. " .. ~:r . SERVICE CONTRACT CSO FLOW MONITORING BY GEOTIVITY PROJECT 01-13 THIS AGREEMENT i~ made and entered into this ,-IltrJay of O:1;'~~.A:t- . 2005, between the City of Port Angeles (hereinafter called the "Purchaser") d 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 shall perform such services as an independent contractor. ARTICLE III CONTRACT PRICE As complete and exclusive consideration for all services to be performed by the Contractor, Purchaser shall pay the Contractor in accordance with the payment schedule as furnished in the attached Scope of Services, not to exceed $40,000 without amendment to this Contract. ARTICLE IV TERM This Contract shall be in effect as of July 1, 2005, and continue to July 1, 2006, at which date it shall terminate. Page 1 of3 Geotivity Contract 01-13, July 2005 111I J~r- . 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 Superior Court. ARTICLE VII 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. ARTICLE VIII 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. Page 2 of3 Geonvity Contract 01-13, July 2005 ., .. ARTICLE IX 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 X 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. CONTRACTOR By: ~~~ Title: ?~~ ~ (LA. ~ ::~:oO~J~ Mayor Dated: (!j ---I - 0 ~- Dated: ATTEST: APP~OVED A 1I:Pf ~ William Bloor, City Attorney ATTEST: -AQ. (!~ -LJplof. Becky J. U n, . Clerk - d Page 3 of3 Geotivity Contract 01':13, July 2005 I' J ? ~, TIVITY 801 Dalton Road, Kelowna, Be V1X 7X3 (877) 436-8889 SCOPE OF SERVICES SERVICE CONTRACT CSO FLOW MONITORING PROJECT 01-13 A. Purpose of Project The City of Port Angeles needs to alarm on sewer overflows at four locations throughout their combined sewer system. Depth and velocity data will be collected at fifteen minute intervals from four independent sites that have already been installed. The equipment installed at these sites will continue to make use of GPRS Cellular Infrastructure to transmit flow data on an hourly basis GEOtivity will continue to provide a web page to allow The City of Port Angeles to view data, generate graphs, scatter plots, etc. GEOtivity will continue to provide 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 day of each month. B. Oeliverables 1. Port Angeles 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. Port Angeles is responsible for all flow analysis and for generating any reports outside of the monthly overflow report. 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. Port Angeles is responsible for any costs relating to the damage or loss of the flow monitoring equipment over the course of this study. This is outside of equipment that is still under warranty or for any damaged caused by the negligence of GEOtivity. Visit us at: www.aeotivitv.net Page 1 of 4 . ' r I TIVITY 801 Dalton Road, Kelowna, Be V1X 7X3 (877) 436-8889 ~I les is responsible for furnishing GEOtivity will rainfall data by the 6th of each o that it may be incorporated into the monthly report. ort Angeles is responsible for paying all invoices on a net 30-day basis. 2. GEOtivity GEOtivity is responsible for providing continuous maintenance to the four (4) installed GEOtivity flow meters. GEOtivity is responsible for getting authorization from the City of Port Angeles before replacing any equipment or parts at site. GEOtivity will complete one (1) data verification per month using GEOtivity's Field Calibration Form. These verifications will be available for download from the client's data analysis website. These visits will include diagnostics, testing, calibration, site maintenance and any required downloads. 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. GEOtivity will meet with Port Angeles monthly to review the previous flow GEOtivity will provide the City of Port Angeles with immediate email notification of any and all overflow events within Port Angeles. GEOtivity will conform to OSHA standards when completing any field work. C. Alarm Notification An overflow event is characterized as any time two of the installed sensors indicate an overflow. This can be 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. D. Timeline This extension of the flow monitoring contract will commence May 2nd 2005 and end on June 30th 2006. E. Engineering services Visit us at: www.~eotivitv.net Page 2 of 4 . . i " , TIVITY 801 Dalton Road, Kelowna, Be V1X 7X3 (877) 436-8889 Data view will be the responsibility of Port Angeles, and will be done through the client web site provided by GEOtivity. GEOtivity's Data Analysis Website will include the following options: o Graphing Capabilities o Scatter plots o Data Table downloads into Microsoft Excel F. Reporting The monthly overflow report will be in the same format as shown below. ~ Port Angeles March OverfloW Report 2005 Wet Weather Overflows 16 Dry Weather Overflows o T*~ Row Flow ..- ~- -- -": - -- --~--~ ! ~I :~M' I Date No Uata leso 08 March 26, 200:' March 29, 2005 1,Mbl 478 eso 06 March 1,2005 March 3,2005 March 28, lU05 March 31, 2005 2,445 82 3,898 20 CS007 March 16, 2005 March 20, 2005 March 26, 2005 March 29, 2005 1,437 1,190 4,444 1.012 CSO 10 March 9,2005 March 11, 2005 March 16, 2005 March 19, 2U05 March 26, 2005 March 29, 2005 507 32 67,943 139,993 139,661 58,740 Visit us at: www.aeotivitv.net Page 3 of 4 / ~, /~'" . " I , T'IVITY 801 Dalton Road, Kelowna, Be V1X 7X3 (877) 436-8889 The monthly value of this contract is $2448. Q2 Battery Replacement Velocity or Depth Sensor Velocity Card Data Logger GPRS Modem Desiccant Pack Website and Data Processing Field Services Alarming Connectivit Upload Rain Gauge Data Monthly CSO Report 1 $ 195.00 $ $ 950.00 $ 1 $ 625.00 $ 1 $ 700.00 $ 1 $ 425.00 $ 1 $ 35.00 $ 4 $ 204.00 $ 816.00 4 $ 255.00 $ 1,020.00 4 $ 51.00 $ 204.00 1 $ 204.00 $ 204.00 0f' _,,?r'~- <; _ _ _ _ $ 2,448.00 $ 204.00 $ 204.00 This pricing is subject to a 2% increase annually due to inflation. This pricing is in US Dollars. Visit us at: www.aeotivitv.net Page 4 of 4