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Printable VersionSAMPLE Agreement No. 02-01.15
THIS AGREEMENT, made this ______________ day of __________________, 2002, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called
"DISTRICT") and _________________________ (hereinafter called
"CONSULTANT") and collectively known as "PARTIES"; 1.
EMPLOYMENT OF CONSULTANT 2. SCOPE OF SERVICES 3. COST OF SERVICES 4. METHOD OF PAYMENT 5. TIME OF PERFORMANCE A. Beginning-of-season installations
and system start-up services described in Paragraph B.1 of Attachment No. 1 shall be
completed by April 1. B. Routine inspections described in
Paragraph B.2 of Attachment No. 1 shall be completed on an approximate 45 day incremental
schedule (90 day incremental schedule applies to Station Nos. 700, 1640, 1650, 1660 and
1810) from the beginning of flood season installation (April 1). Scheduled routine inspections will occur within a
time period beginning 10 days prior to and ending 10 days following calendar dates May 15,
July 1 and August 15. (July 1, October 1, and
January 1 dates apply to Station Nos. 700, 1640, 1650, 1660 and 1810). C. Unscheduled service calls will be
performed as described in Paragraph B.3 of Attachment No. 1. D. End-of-season removal, testing and
storage of equipment described in Paragraph B.4 of Attachment No. 1 will occur on or after
October 1. 6. SYSTEM
MODIFICATIONS BY DISTRICT 7. DIRECTION
OF EFFORT AND COORDINATION 8. OWNERSHIP
OF DATA 9. OWNERSHIP
OF MATERIALS AND EQUIPMENT 10.
DURATION OF AGREEMENT 11.
TERMINATION OF AGREEMENT In
the event of termination or should Agreement not be renewed for the following flood
season, all DISTRICT-owned materials, equipment and DATA stored by virtue of this
Agreement shall be surrendered to DISTRICT by CONSULTANT before payment is made. 12.
CHANGES IN AGREEMENT 13.
INSURANCE During
the performance of the work defined by this Agreement, CONSULTANT, acting as an
independent contractor, shall be solely responsible for procuring and keeping in full
force and effect the insurance listed below:
The
limits of coverage listed above are as required by DISTRICT. CONSULTANT shall evaluate individual needs
regarding higher levels of insurance. Except
for Professional Liability insurance, each type of insurance procured by CONSULTANT shall
provide coverage for all claims arising out of, or in connection with, any operations,
work, or services performed under this Agreement by CONSULTANT, CONSULTANT's employees,
subconsultants, subcontractors, agents, or representatives.
CONSULTANT's Professional Liability insurance shall provide coverage for
claims arising out of the negligent acts, errors and omissions of CONSULTANT in the
performance of services under this Agreement. CONSULTANT
may elect not to provide the above-specified coverage for the subconsultants or
subcontractors. In that event, CONSULTANT
shall require that the subconsultants or subcontractors procure and maintain the same
insurance coverage as set forth above. All
PROJECT participants shall be listed as "additionally insured" on all commercial
liability insurance policy/certificates and all automobile liability insurance
policy/certificates. Under this Agreement
PROJECT participant is DISTRICT. Certificates
of Insurance showing CONSULTANT is carrying the above-described insurance shall be
provided to DISTRICT at the time of execution of this Agreement. As necessary, certificates of insurance showing
the subconsultants and subcontractors are carrying the above described insurance shall be
provided to DISTRICT within ten (10) days of beginning work by the subconsultant or
subcontractor pertaining to this Agreement. All
the certificates of insurance shall include language stating that, should the insurance
policy be canceled before its expiration date, the insurance company shall provide 30 days
written notice to DISTRICT. The costs of
insurance shall be considered a part of the overhead costs of CONSULTANT. 14.
INDEMNIFICATION 15.
ASSIGNABILITY 16.
APPLICABLE LAWS 17. NO DISCRIMINATION IN EMPLOYMENT 18. OOTHER
PROVISIONS WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. Signatures here....
SCOPE OF SERVICES FOR: UDFCD ALERT GAGING SYSTEM OPERATION AND MAINTENANCE A. General CONSULTANT
shall provide all services necessary for the installation, operation, maintenance and
end-of-season removal and storage of the ALERT gages and equipment identified in
Attachment No. 2. All technical work
associated with this Agreement will be performed by a qualified electronics specialist. Maintenance of ALERT base stations shall be
limited to radio equipment, data decoders and connecting cables. CONSULTANT shall not be responsible for
maintenance of base station computer equipment or peripheral components. Major repairs or replacement of major electronic
components are not part of this Scope of Services. Appropriate
records shall be maintained by CONSULTANT of all activities performed. DISTRICT shall be provided with copies of all such
records. The following briefly identifies the
work items with more detailed explanations of each work item contained in Paragraphs B.1,
B.2, B.3, B.4, B.5, B.6, B.7 and B.8. 1.
Beginning-of-Season Radio Maintenance, Electronic Testing, Field Hardware
Installations and System Activation, and Radio Licensing 2.
Scheduled Routine Inspections and Data Analysis 3. Unscheduled Service Calls 4. End-of-Season Field
Equipment Removal, Testing and Storage 5. New Installations and Radio
Licensing 6.
Spare Transmitters, Spare Sensors and Maintenance Equipment 7. Repair and Replacement of
Equipment 8. Field Verification of Water
Levels B. Specific Description of
Work Items 1.
Beginning-of-Season Radio Maintenance, Electronic Testing, Field Hardware
Installations and System Activation, and Radio Licensing a. CONSULTANT 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 and batteries. CONSULTANT
shall prepare a punch list of any deficiencies observed and recommend additional equipment
and services not included in this Scope of Services. b. CONSULTANT shall
perform all preliminary equipment preparation necessary to assure complete operation of
each gaging station. This work will include
battery charging, battery replacement, calibration checks and other electronic adjustments
as needed. c. CONSULTANT 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. CONSULTANT shall
install required hardware at each ALERT gaging station.
This work will include 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; and any other items deemed necessary to meet
the terms of existing license agreements or varying field conditions. Specific activities performed will be site
dependent. Station IDs, RF turn-on times,
analog event and time mode switches, and other station configuration programming will be
set per specifications approved by DISTRICT and as required to assure proper repeater
operation. Serial numbers will be recorded. Test transmissions will 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 will be taken and recorded. Minor
RF adjustments and field calibrations will be made as needed. e. CONSULTANT shall
complete minor adjustments and testing of all repeater stations. CONSULTANT shall maintain all power supplies
including solar panels, voltage regulators and batteries. f. CONSULTANT shall
provide all services necessary to assure proper radio and data decoder operation at ALERT
base stations. This work will include testing
radio receivers and data decoders and verifying data collection by the base station
computer. CONSULTANT shall not be responsible
for maintenance or repair of computer hardware or software.
All antennas, connectors and cables will be inspected and repaired as
needed. Major repairs or replacement of major
electronic components shall be approved by DISTRICT prior to such action. g. CONSULTANT shall
review the status of all existing FCC radio station licenses associated with this
Agreement, except for Boulder County stations listed as Boulder Creek Flood Detection
Network in Attachment No. 2, and assist DISTRICT with renewals and maintenance of such
licenses in accordance with current Federal regulations.
2.
Scheduled Routine Inspections and Data Analysis a. CONSULTANT shall
conduct a physical inspection of all remote gaging stations. The mechanical functions of each site will be
tested to assure proper operation. Minor
mechanical and calibration adjustments will be made as needed. Minor parts such as cables, connectors, mounting
hardware and batteries will be replaced as needed. Routine
inspection of rain gages listed as Type P in Attachment No. 2 will occur at 90-day
intervals, unless known site problems warrant a 45-day inspection cycle. b. CONSULTANT shall
remove top section of each ALERT rain gage standpipe assembly to clean the screen, funnel
and tipping bucket. This work will 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 antennas and
connecting cables; and any other items deemed necessary to meet the terms of existing
license agreements or varying field conditions. Test
transmissions will be performed to assure that gage reports are being received by ALERT
base stations. Pressure transducer (PT)
orifices and protective housings will be checked and maintained free of mud and debris. Pressure tests will be performed on all accessible
PTs. Transmitted data will be recorded and
compared with calibration tables. Defective
PTs or signal conditioning boards will be repaired or replaced as needed using available
spare parts. Calibration adjustments will be
made as needed. Specific activities performed
will be site dependent. c. CONSULTANT 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 DISTRICT. d. CONSULTANT shall
perform a full analysis of all rain gage data collected by DISTRICT's ALERT Base Station
at 45-day intervals commensurate with the routine inspection schedule defined in Paragraph
3.B of this Agreement. CONSULTANT shall
provide DISTRICT with summary reports of these analyses.
Additional selective data analyses may be requested by DISTRICT following
significant rain events. 3.
Unscheduled Service Calls Upon
notification by DISTRICT, or determination of potential problems from the data analysis
described in Paragraph B.2.d of this Scope of Services, CONSULTANT shall make unscheduled
service calls necessary to assure full system operation during the flood season. CONSULTANT shall respond to DISTRICT request for
service or other problem confirmation within three (3) working days of notification or
confirmation of a remote sensor or transmitter failure, within forty eight (48) hours of
notification or confirmation of repeater failure and within seventy two (72) hours of
notification or confirmation of radio related failure at an ALERT base station. In the event of minor part failure, CONSULTANT
shall effect immediate field repairs and provide appropriate minor replacement parts. In the event of a major part failure, CONSULTANT
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 DISTRICT prior to such action. 4.
End-of-Season Field Equipment Removal, Testing and Storage a. CONSULTANT shall
remove electronics packages, tipping buckets and other appropriate equipment from the
ALERT gaging stations not specified by DISTRICT for year-round operations. Pressure transducers and associated cables and
conduits will be secured on-site. Electronic
and mechanical deficiencies will be identified and either remedied immediately or
recommended for future repair. Serial numbers
will be checked and recorded. General
cleaning of each site will be performed and all parts secured for the off-season period. This work will include the physical securing of
the site; painting of standpipes, weather housings and other parts subject to corrosion;
and any other items deemed necessary to meet the terms of existing license agreements or
varying field conditions. Specific activities
will be site dependent. b. CONSULTANT shall
service all repeater batteries and solar panels and conduct general site inspection and
testing. All repeaters shall be maintained in
working condition for continuous year-round operations. c. CONSULTANT shall test
each electronics package prior to off-season storage.
Any units needing factory service or parts will be repaired as soon as
possible to insure readiness for the following flood season. d. CONSULTANT shall
provide equipment storage area for all electronics packages, batteries, tipping buckets
and other equipment in a manner acceptable to DISTRICT.
All batteries shall be maintained in properly charged condition according to
manufacturer's specifications. All equipment
shall be available for inspection or access within seventy-two (72) hours of notification
by DISTRICT. CONSULTANT shall provide
adequate casualty insurance coverage for all DISTRICT-owned equipment being stored. 5.
New Installations and Radio Licensing All
new gaging stations, repeater stations, and base stations will be installed in accordance
with Paragraphs 5.a. through 5.l, as appropriate. Specific
installation requirements for new sites will be determined by DISTRICT during final
design. DISTRICT shall provide all major
components to be installed and CONSULTANT shall provide all other parts and materials
necessary to complete construction. Installation
fees will be negotiated with CONSULTANT prior to construction and CONSULTANT's
compensation shall be in accordance with Paragraph 9 of this Agreement. a. CONSULTANT shall
inspect all equipment pertinent to ALERT station operation. CONSULTANT shall prepare a
punch list of any deficiencies observed and recommend additional equipment and services
not included in this Scope of Services. b. CONSULTANT shall
perform all preliminary equipment preparation necessary to assure complete installation
and operation of the remote gage, repeater or base station.
c. CONSULTANT shall test
all electronics packages and perform minor adjustments as needed in accordance with
manufacturer's RF specifications and FCC requirements. d. CONSULTANT shall
provide DISTRICT with a list of serial numbers for all new equipment received. e. An initial field
inspection shall be conducted by PARTIES of each site.
Preliminary site design and layout recommendations shall be provided to
DISTRICT by CONSULTANT. DISTRICT shall
approve of final design prior to installation. f. CONSULTANT shall
install all hardware necessary for station operation.
This work will include: installing
standpipe tower assembly; securing all hardware; installing electronics package, antenna,
battery and solar panel; leveling tipping bucket; painting standpipe and other parts
subject to corrosion; securing appurtenant supports; securing pressure transducer, PT
housing, cables, connectors and conduit in a manner to protect against vandalism; general
cleaning of site; and any other items deemed necessary to meet the terms of existing
license agreements, easements or existing field conditions.
Specific activities performed will be site dependent. g. Transmitter
configurations will be set per specifications approved by DISTRICT. Test transmissions will be performed to verify
that data transmitters are operating according to factory specifications and the repeaters
are receiving and re-transmitting the signal. Watt
meter readings will be taken and recorded. Minor
RF and calibration adjustments will be made as needed. h. A final field
inspection will be conducted by PARTIES. A
punch list will be prepared and CONSULTANT shall correct any deficiencies noted. i. CONSULTANT shall
prepare all correspondence and technical materials necessary for obtaining required FCC
radio station licenses. This work will
include all coordination activities required by the Federal Interagency Hydrologic Radio
Frequency Coordination Group. j. New base
stations will be installed and tested to verify that all components perform properly
including the antenna, receiver, data decoder, connecting cables, uninterruptible power
supply and computer. DISTRICT shall be
responsible for the computer hardware, ALERT software maintenance , database management
and database calibrations for all QNX base stations. k. CONSULTANT shall
provide DISTRICT with a final installation report documenting pertinent site data, sensor
IDs, serial numbers, model numbers, cable lengths, access requirements, and other
pertinent information. Photographs of new
stations and sensor locations will be included. l. CONSULTANT shall
bear the risk of any and all loss or damage of equipment or property, which are the
subject matter of this Agreement, during the course of construction of the facilities. Upon acceptance of the installation by DISTRICT,
CONSULTANT shall automatically be relieved of such risk. 6.
Spare Transmitters, Spare Sensors and Maintenance Equipment a. CONSULTANT shall be
responsible for the maintenance, storage and use of all DISTRICT-owned electronics
packages, radio transmitters and receivers, sensors, battery chargers, battery
dischargers, remote station testers, spare parts and all other system maintenance
equipment provided by DISTRICT. b. Appropriate care shall
be taken in the use of all DISTRICT-owned equipment and such use shall be limited to ALERT
system maintenance activities conducted in accordance with this Agreement. c. All DISTRICT-owned
equipment shall be available for inspection by DISTRICT in accordance with Paragraph B.4.d
of this Scope of Services. d. DISTRICT shall provide
CONSULTANT with a current inventory of all spare parts and maintenance equipment. CONSULTANT shall maintain a separate inventory of
equipment and assist DISTRICT with reconciling differences.
CONSULTANT shall notify DISTRICT when spare equipment is placed in-service
and when inventoried equipment is discarded or otherwise determined to be inoperable. e. CONSULTANT shall have
no responsibility to provide casualty insurance coverage for DISTRICT-owned equipment
located at gaging station sites. However,
CONSULTANT shall bear the risk of any and all loss or damage of equipment or property,
which are the subject matter of this Agreement, during the course of transporting
equipment and maintaining facilities. 7. Repair and
Replacement of Equipment a. CONSULTANT 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. b. CONSULTANT 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. CONSULTANT shall
analyze failed equipment and make recommendations to DISTRICT concerning replacement or
repair of major components, supplier options, and estimated costs. DISTRICT is responsible for the costs of repair
or replacement of such equipment. On approval
by DISTRICT, CONSULTANT shall oversee repairs, including the return of equipment to
factory and testing of equipment after repair. CONSULTANT
may, at CONSULTANT's discretion, provide DISTRICT with quotations for the repair of
equipment by CONSULTANT as one option. 8. Field Verification of
Water Levels Upon
request by DISTRICT, CONSULTANT shall, as promptly as possible and within 72 hours,
inspect designated sites to establish current and recent past high water levels with
respect to established local bench marks. CONSULTANT
shall prepare and submit reports which correlate field measurements with ALERT data,
assess sensor accuracy, and make recommendations concerning corrective measures. Field verification fees will be negotiated with
CONSULTANT when appropriate and CONSULTANT's compensation shall be adjusted in accordance
with Paragraph 9 of this Agreement.
The hourly rates for professional services for 2002 are as follows:
These are the rates charged for work performed on a time and material basis. They are also the rates used in providing fixed-cost estimates for contract amendments. Print Version |