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Home My WebLink AboutRFQ - REQUEST FOR QUALIFICATION - 8494 FLOOD WARNING SYSTEM MAINTENANCE (2)SA - 8494 Flood Warning System Maintenance Page 1 of 18 SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and WATER & EARTH TECHNOLOGIES, INC. hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 8494 Flood Warning System Maintenance. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit B, consisting of seven (7) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 2 of 18 4. Contract Period. This Agreement shall commence June 22, 2017 and shall continue in full force and effect until June 21, 2018, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Water & Earth Technologies, Inc. Attn: Markus Ritsch 1225 Red Cedar Circle, Ste A Fort Collins, CO 80524 City of Fort Collins Attn: Ken Sampley PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis in accordance with Exhibit C, consisting of one (1) page, attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 3 of 18 be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit B, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 4 of 18 work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 5 of 18 insured under this Agreement of the type and with the limits specified within Exhibit D, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2) Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 6 of 18 the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 7 of 18 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: WATER & EARTH TECHNOLOGIES, INC. By: Printed: Title: Principal-In-Charge Date: DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC vice president 6/29/2017 Markus Ritsch Assistant City Attorney 6/29/2017 Chief Deputy City Clerk SA - 8494 Flood Warning System Maintenance Page 8 of 18 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND AGREEMENT DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this Work Order (including the attached forms) the Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000.00) Date: ____________________________ DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 9 of 18 EXHIBIT B SCOPE OF PROPOSAL A. Scope of Work The Service Provider shall provide all services necessary for the operation and maintenance of the Flood Warning System (FWS) gages and associated equipment. All technical work associated with this Agreement shall be performed by qualified technicians. Maintenance of FWS base stations is not anticipated during the time period of this contract, but if required, shall be limited to radio equipment, data decoders and connecting cables. The Service Provider shall not be responsible for: • Maintenance of base station computer equipment or peripheral components. • Major repairs or replacement of major electronic components Appropriate records shall be maintained by the Service Provider of all activities performed. The City shall be provided with copies of all such records. Software will be provided by the City. The Scope of Services shall consist of the following work items which are described more fully in Paragraphs B.1 through B.6 respectively: 1. Beginning-of-Season Radio Maintenance, Electronic Testing, Field Installation of components such as radars, pressure transducers, etc. as needed 2. Scheduled Routine Inspections and (limited) Data Analysis 3. End-of-Season Maintenance, Testing and in-place storage or insulating of flow sensors. 4. Unscheduled Service Calls 5. City FWS Equipment Inventory/Supplies and Service Provider Testing Equipment 6. Repair and Replacement of FWS Equipment 7. Base Stations and Data Management Software administration during FWS Maintenance This scope of work addresses seasonal maintenance of the City’s FWS. The Service Provider shall perform maintenance activities requested in this Scope of Services to maintain a fully operational FWS system beginning in June/July of 2017 through November 15, 2017. B. Specific Description of Work Items 1. Beginning-of-Season Radio Maintenance, Electronic Testing, Field Installations, System Activation, and Radio Station Licensing a. Service Provider shall inspect and test all equipment pertinent to remote gaging station operation including radio transmitters, antennas, cables, connectors, tipping buckets, pressure transducers, shaft encoders, weather sensors, radars and batteries. Service Provider shall prepare a punch list of any deficiencies observed and recommend additional equipment and services not included in this Scope of Services. b. Service Provider shall perform all preliminary equipment preparation necessary to assure complete operation of each gaging station. This work shall include battery charging, battery replacement, calibration checks, and other electronic adjustments as needed. DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 10 of 18 c. Service Provider shall test all electronics packages and perform minor adjustments as needed in accordance with manufacturer's RF specifications and Federal Communications Commission (FCC) requirements. d. Service Provider shall install required hardware at each FWS gaging station. This work shall include, as necessary, installing electronics packages; connecting antenna and battery cables; leveling and calibrating tipping buckets; painting standpipes, weather housings and other parts subject to corrosion; physical securing of site including antenna mounts, clamps, cables, conduits and sensors; general cleaning of site including funnel, screen and pressure transducer orifices; replacement or repair of defective pressure transducers and signal conditioning boards; re-installing radar sensors, and any other items deemed necessary to meet the terms of existing license agreements, land use permits, or varying field conditions. Specific activities performed shall be site dependent. Station IDs, RF turn-on times, analog event and time mode switches, and other station configuration programming shall be set per specifications approved by the City and as required to assure proper repeater operation. Serial numbers shall be recorded. Test transmissions shall be performed to check that gage transmitters are operating according to factory specifications and the repeaters are receiving and re-transmitting the signal. Watt meter readings shall be recorded. Minor RF adjustments and field calibrations shall be made as needed. e. Service Provider shall complete minor adjustments and testing of all repeater stations. Service Provider shall maintain all power supplies including solar panels, voltage regulators, and batteries. f. Service Provider shall provide all services necessary to assure proper radio and data decoder operation at FWS base stations. This work shall include testing radio receivers and data decoders and verifying data collection by the base station computer. The Service Provider will not be responsible for maintenance or repair of computer hardware or software. All antennas, connectors, and cables shall be inspected and repaired as needed. Major repairs or replacement of major electronic components shall be approved by the City prior to such action. 2. Scheduled Routine Inspections and Data Analysis (typically performed July 1st through August 30th ) a. Service Provider shall conduct a physical inspection of all FWS gages. The mechanical functions of each gage shall be tested to assure proper operation. Minor mechanical and calibration adjustments shall be made as needed. Minor parts such as cables, connectors, mounting hardware, and batteries shall be replaced as needed. Full service inspection (2b, below) of rain gages shall be performed during flood season startup. Routine service inspections (2c, below) are expected to include the summer quarterly maintenance visits, performed on a 90-day interval following start up full service inspections. b. The full service inspection shall ensure standpipes and appurtenances are in sound condition and free from damage. Rain sections, if present, will be serviced by removing the top section of each FWS rain gage standpipe assembly to clean the screen, funnel, and tipping bucket. This work shall include leveling tipping buckets; painting of standpipes, and other appurtenances to protect against corrosion and vandalism; physical securing of site including antenna mounts, clamps, cables, conduits, and sensors; general cleaning of site; inspecting DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 11 of 18 antennas and connecting cables; and any other items deemed necessary to meet the terms of existing license agreements or varying field conditions. Test transmissions shall be performed to assure that gage reports are being received by FWS base stations. Pressure transducer (PT) orifices and protective housings shall be checked and maintained free of mud and debris. Pressure tests shall be performed on all accessible PTs. Transmitted data shall be recorded and compared with calibration data. Defective PTs or signal conditioning boards shall be repaired or replaced as needed using available spare parts. Calibration adjustments shall be made as needed. Specific activities performed shall be site dependent. Radars (reinstalled in the prior to the flood season, if not already in operation) will be assessed for proper operation. Weather stations will be evaluated to ensure all sensors are in good physical condition and reporting. If sensors are determined to be damaged or not reporting, the Service Provider will make recommendation to the Floodwarning Engineer regarding repair or replacement. c. The routine inspection of gage sites will be confined to ensuring standpipes and appurtenances are in sound condition and free from damage, sensors are functioning, that transmitters are properly reporting, that radio and battery performance are acceptable, that raingage buckets, screens and funnels are free of debris, that PT inlets are free of obstruction, that desiccants are not expired, and that cables and connections are sound. Any problems noted by the Service Provider shall be reported to the City Floodwarning Engineer before the Service Provider may be directed to affect more comprehensive repair or replacement. d. Service Provider shall conduct general inspection of repeater sites and test batteries to assure proper performance. Solar panels shall be cleaned and voltage regulators adjusted as needed. Suspected problems shall be reported immediately to the City. 3. End-of-Season Maintenance (typically performed between October 1st through November 15th ) a. Maintenance activities will comprise those of the Scheduled Routine Inspections and Data Analysis in Section 2, above, parts a – d, EXCEPT no calibration of rain gages is necessary. b. Additional activities will include the immersion of PT sensors into a clear vinegar or suitable cleaner to remove precipitates and calcification of the sensor membrane, them sealing the sensor with a balloon for winter OR, for certain sites, installing (provided) bagged fiberglass insulation pillows to prevent freezing temperatures of re-installed and active PT sensors. 4. Unscheduled Service Calls a. Upon notification by the City, or determination of potential problems from the data analysis described in Paragraph B.2, Service Provider shall make unscheduled service calls necessary to assure full system operation during the flood season. b. Service Provider shall respond to the City’s request for service or other problem confirmation within: DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 12 of 18 • Three (3) working days of notification or confirmation of a remote sensor or transmitter failure, • Forty- eight (48) hours of notification or confirmation of repeater failure • Twenty-four (24) hours of notification or confirmation of radio related failure at an FWS base station. c. In the event of minor part failure, Service Provider shall effect immediate field repairs and provide appropriate minor replacement parts, using City inventory when possible (4a, below). In the event of a major part failure, Service Provider shall install available spare parts and return failed units to the lab or factory for repair. Major repairs or replacement of major electronic components shall be approved by the City prior to such action. Service Provider shall provide the City with monthly chronological summaries of actions taken pursuant to this Paragraph. 5. City FWS Equipment Inventory/Supplies and Service Provider Testing Equipment a. Service Provider will be provided access to City inventory of FWS components that include transmitters, batteries, desiccant, lightning protection polyphasers, voltage regulators, and other small parts. Service Provider should utilize these components and supplies as maintenance activities require. Service Provider will communicate additional inventory needs to the City for ordering. b. Service Provider will provide testing and calibration equipment needed for maintenance activities shown in 2a, 2b, and 2c, above. At this time, the City expects the Service Provider to be able to service/calibrate the following types and models of equipment: • ALERT Transmitters: Hydrolynx 5096 and 50386, HSE 3206, 3210, and 3306 • ALERT2 Transmitters: CS AL200 and 210 • ALERT/ALERT2 Repeaters: Hydrolynx 5052 • Pressure Transducers: Druck, Keller, CS, varying models all • Rain Gage Sections: Hydrolynx, HSE • Radars: Sutron, CS • Weather Stations: Hydrolynx • Rain Site and/or Flow Gages: HS c. Service Provider shall maintain the City’s written inventory of all FWS equipment and provide updated inventory and installed equipment information to the City whenever changes are made. Service Provider shall notify the City when spare equipment is placed in-service and when inventoried equipment is discarded or otherwise determined to be inoperable. 6. Repair and Replacement of Equipment a. The Service Provider shall repair or replace failed equipment such as site antennas, cables, connectors, pressure transducers, signal conditioning boards, tipping buckets, housings, mountings, batteries, and other items valued at less than $100. DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 13 of 18 b. The Service Provider shall provide minor repairs including cleaning; adjustments; calibration; tuning; and replacement of miscellaneous hardware parts on equipment such as transmitters, repeaters, pressure transducers, and sensors as part of the regular preventive maintenance services. c. The Service Provider shall analyze failed equipment and make recommendations to the City concerning replacement or repair of major components, supplier options, and estimated costs. The City is responsible for the costs of repair or replacement of such equipment. On approval by the City, the Service Provider shall oversee repairs, including the return of equipment to factory and testing of equipment after repair. The Service Provider will provide the City with quotations for the repair of equipment by the Service Provider for approval, and subsequent payment.. 7. Base Stations and Data Management Software administration during FWS Maintenance The Service Provider will work with the City’s Floodwarning Engineer and Stormwater staff as assigned to manage maintenance operations from the City’s base station Contrail data management software. The Service Provider will work with the Floodwarning Engineer or other City Stormwater personnel as assigned to manage sensors and alarm settings during FWs maintenance. It is anticipated that the Service Provider will communicate at least daily with City Stormwater staff regarding the expected maintenance schedule and progress, and communicate any and all issues with calibrations, testing, installations, etc. DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 14 of 18 DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 15 of 18 DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC Water Earth Technologies, Inc. (970) 225-6080 City of Fort Collins Codes Scheduled Maintenance 2-Jun-17 17 rain stations, 15 stage, 26 rain/stage, 5 weather, 2 repeaters Estimated M = Mileage 2 base stations Hours T = Travel, Food, Lodging Prepared by: Niedenzu & Malers S = Shipping Station Unit Total SubTotal Unit Total Subtotal Unit Total Subtotal Number of Labor Labor ODC Total Type Number Effort (hrs) Effort (hrs) Cost Effort (hrs) Effort (hrs) Cost Effort (hrs) Effort (hrs) Cost Personnel* Rate Cost Code Cost Cost 17 Rain (6730 Hewlitt Gulch: no maint unless fails) 16 1.5 24 $3,600 1 16 $2,400 0.5 8 $1,200 2 $75 $7,200 $7,200 15 Stage (6580 and 6590: no maint unless fails; 6740 no maint on sonde) 13 2 26 $3,900 1.5 19.5 $2,925 1 13 $1,950 2 $75 $8,775 $8,775 26 Rain/Stage 26 2.5 32.5 $4,875 2 26 $3,900 1 13 $1,950 2 $75 $10,725 $10,725 5 Weather (1 Entrance Intercom; may restrict hours) 5 1.5 7.5 $1,125 1 5 $750 0.5 2.5 $375 2 $75 $2,250 $2,250 2 Repeater (11001 Poudre Park Rptr no maint unless fails) 1 5 5 $750 5 5 $750 0 0 $0 2 $75 $1,500 $1,500 $0 M $450 $450 $0 TOTALS 61 95 $14,250 10.5 71.5 $10,725 3 36.5 $5,475 10 $30,450 $450 $30,900 * Depending upon scheduling, two-person crews to be manned by: Stephen Small, Zac Novak, Keller Smith, Eric Hess, Jason Puccetti B.1 Start-Up B.2 Scheduled Maintenance B.3. Shut-Down EXHIBIT C FEE SCHEDULE SA - 8494 Flood Warning System Maintenance Page 16 of 18 DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC SA - 8494 Flood Warning System Maintenance Page 17 of 18 EXHIBIT D INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this Agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC no new insurance req'd SA - 8494 Flood Warning System Maintenance Page 18 of 18 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6/28/2017 Hall & Company 19660 10th Ave NE Poulsbo WA 98370 Water & Earth Technologies Inc 1225 Red Cedar Circle, Suite A Fort Collins CO 80524 The Charter Oak Fire Insurance Comp The Travelers Indemnity Company Underwriter's at Lloyds, London 25615 25658 Jim Ledbetter 360-626-2019 360-598-3703 jledbetter@hallandcompany.com 1928 1092088191 A 6806H140696 1/5/2017 1/5/2018 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 X X X A X X X BA8947M04A 1/5/2017 1/5/2018 1,000,000 B X X X 10,000 CUP1847T85A 1/5/2017 1/5/2018 1,000,000 1,000,000 C Professional Liab;Claims Made 0002012034/017 3/26/2017 3/26/2018 $2,000,000 Per Claim $2,000,000 Aggregate The certificate holder is an additional insured per the attached. City of Fort Collins Attn: Ken Sampley PO Box 580 Fort Collins CO 80522 DocuSign Envelope ID: BE7114CB-F587-4D74-A096-A2857888EFCC