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HomeMy WebLinkAbout4.537 Original Contract <1.537 ,~ .. . 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. Page 3 of 4 Geotivity Contract 06-33, October 2006 By: ke~/~ /~~~b Title: Dated: l r Geotivity Contract 06-33, October 2006 By: Dated: /D- /9; -Olo APP;t>VED AS TO ~ 1/;~ c::; L.--- William Bloor, City Attorney ATTEST: Page 4 of 4 <f. 537 - ~ TIVITY , ~ I; 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 Page 2 ,1 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. Page 3 TIVITY www.geotivity.net \~ :'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. Page 4 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. . I ~DTIVITY 4"' / 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 l~ClUO~"'-I'llj)':DI:Y1Wc~tfiellq:l.JLQ.ijIP~~.7~"'~ Icse;;.10~NoPtY;;.W~tHer",Ov:ei;flowf~N ;,~~ ;i~l No Wet Weather Overflows Page 5 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. Page 6