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HomeMy WebLinkAbout4.466 Original Contract -<./. 41.P l/J ;1 SERVICE CONTRACT CSO FLOW MONITORING PROJECT 99-21 THIS AGREEMENT is made and entered into this 11-~y of ~ 0 ~ 2004, between the City of Port Angeles (hereinafter called the "Purchase~ 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 Engineering Work Order dated May 7,2004 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. 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 Section 2 of the attached Engineering Work Order, not to exceed $40,000 without amendment to this Contract. ARTICLE IV TERM This Contract shall be in effect as of May 1, 2004, and continue to May 1, 2005, at which date it shall terminate. Page 1 of3 PW 0409_18 [last updated 6/1 0/04] 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 PW 0409_18 [last updated 6/10/04 J 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. r I CONTRACTOR IBY:.~~ I I Title: CITY OF PORT ANGELES Dated: ATTEST: 17=:S~~ William Bloor, city ttorney ATTEST: I L_______ Page 3 of3 PW 0409_18 [last updated 6/10/04] ~DTIV~TY Engineering Work Order (EWO) EWO No.: Assigned By: Date: 150404 Judy Meier May 7, 2004 x x Design PLC Wireless Data Analysis Field Maintenance Eng. Analysis Project No: Project Name: Client: Phone: Email: City of Port Angeles Port Angeles Steve Sperr (360) 417-4821 ssperr@ci port-angeles.wa.us Type of Work: Description of Request: Our crew will continue to service your sites, verify and diagnose the nine units, replace batteries if necessary and replace out any other parts with Steve Sperr's approval. The four AV sites will be removed after data collection in June 2004. CSO 01 will be removed December 31, 2004. Units that the field crews are unable to fix on site will be sent back to our lab for assessment and re-calibration. Results of the assessment will be discussed with Steve Sperr before proceeding with any parts replacement that may be required. Then, our crew will return and re-install that or those units and we will continue into the following services agreement (May 1 2004 to April 30 2005) to meet or exceed your data collection and reporting compliance. Please see pricing schedule for additions and deletions to the contract. Section 1 - Contract Terms and Conditions Section 1.1 - Service Contract 1. Each site will be visited monthly with a minrmum of 12 times for a period 12 months. 2. Each field visit will include diagnostics, testing, calibration, site maintenance, and downloads. 3. Continuous maintenance support to units for the contract period 4. 2 Man Crew will be utilized for service work 5. The client will be notified, or as per service agreement, of any parts or instruments in need of replacement and invoiced at current price book value where warranty or service contract does not apply. 6. All required permits or police escort required to conduct field service work would be obtained by GEOtivityand invoiced on a cost plus basis. 7. All invoicing will be on a net 30-day basis. 8. Excessive field maintenance work performed on high scrutiny sites will be billed at current price book value. (High scrutiny sites as described in section 1.4 - 12) Section 1.2 - Field Verification 1. All instruments will be field verified to specification. 2. The client will be notified of any instrument that does cannot meet field specification during verification and given the option to replace parts or instruments where necessary and billed at current price book value where warranty or contract pricing does not apply. 3. The client will receive a written report of any replaced parts and the reason for replacement. 4. Geotivity will supply written site reports with calibrations. 5. All invoicing will be on a net 30-day basis. GEOtivity Inc #1 801 Dalton Rd., Kelowna. BC, Canada V1X 7X3 (250) 491 1439 <lifE D TIViTY Engineering Work Order (EWO) Section 1.3 - Field Assessment 1. All instruments will be assessed for calibration, defect, functionality, and general operation. 2. The client will be notified of any instrument that does cannot meet factory specification if a calibration is done. 3. The client will receive an assessment report with recommendations to replace parts or instruments where necessary and invoiced at current price book value where warranty or contract pricing does not apply. 4. Geotivity will supply a comprehensive field report for all flow mOnitor assessments for the calibration, defect, functionality, and general operation. 5. All invoicing will be on a net 3D-day basis. Section 1.4 - Data services 1. Preliminary data processing bi-weekly to include at least 4 reports and data correction with Qview data analysis software. 2. 24/7 SCADA alarming response. 3. Scatter plots of velocity versus depth. 4. Scatter plots of depth versus flow 5. Line graph of flow and depth versus time. 6. Line graph of velocity and depth versus time. 7. All software and software upgrades are included. 8. Personalized web page will be built and hosted with data processing and reporting posted bi-weekly. 9. In the course of resolving data problems, the actual hydraulics of the site are reviewed and if the conditions are poor for flow monitoring the customer IS alerted and asked for alternative locations. If another location is not an option, the site is put on high scrutiny and a field crew is dispatched as frequently as necessary in order to insure good quality site data. 10. Excessive field maintenance work performed on high scrutiny sites will be billed at current price book value. 11. Quality of data - data outside the parameters agreed to is sent to an analyst The analyst's job IS to identify these anomalies and correct them through various channels. The issues that may occur are: . Sensor fouling . Major environmental event . Monitor diagnostic review 12. Data analysis will incorporates DCF (Data Confidence Filtering) technology capable of detecting sensor fouling or flow anomalies. 13. Monthly CSO report. (Sample Supplied) GEOtivity Inc #1 801 Dalton Rd., Kelowna, BC, Canada V1X 7X3 (250) 491 1439 . ~D'TIViTY Engineering Work Order (EWO) Section 2 - Contract Pricing (Section 1 and sub-sections inclusive) ~ ~~~; _ ~ ~ ~ '"_~ ?~-.o~C?~_~~:~~~~~~~":J~<~::1;~!:l~~_~;~: -:~,. " , ~. Ve'rifi~~Ctioi1~ lJarierY'repla~~rn~nfahd services on 1 M1100and4 QXs - ,/ - >, ~:, - " <-', < : - - ' :., -,~, - + ,- - - -" ~ " - -' _ ;- iJ Lab Assessment 1 $ 225.00 Lab Calibration 1 $ 225.00 ()2Battery Replacement 1 $ 285.00 Velocity or Depth sensor 1 $ 950.00 Depth Card 1 $ 995.00 Velocity Card 1 $ 625.00 Data Logger 1 $ 700.00 De-Commission 1 $ 500.00 GPRS Modem Wireless 1 $ 425.00 Re-Install Units 1 $ 900.00 VVebsite & Data Processing 5 $ 200.00 12 $ 12,000.00 Field Services 5 $ 250.00 12 $ 15,000.00 Alarming Connectivity 4 $ 50.00 12 $ 2,400.00 Upload Rain Gauge Data 1 $ 200.00 12 $ 2,400.00 CSO Report 1 $ 200.00 12 $ 2,400.00 Custom Programming(one time char e Ma 2004 $ 90.00 4 $ 360.00 $ 34,200.00 $ 4,450.00 $ 2,907.00 $2,448.00 $ 5,099.00 $ 4,739.00 **Disclaimer: GEOtivity, Inc. cannot be held responsible for loss of flow data due to site or Elnvironmental conditions; to help avoid this challenge a site inspection and field service contract is recommended. ** * All prices in USD. * All software and software upgrades are included in this quote. GEOtlVlty Inc. #1 801 Dalton Rd., Kelowna, BC, Canada V1X 7X3 (250) 491 1439