Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PSA - EmNet, LLC - Annual CSO Service Agreement for RT-DSS
1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND_ INDIANA 46601-1830 CITY OF SOUTH BEND PETS BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS July 26, 2016 Mr. Luis Montestruque EmNet, LLC Suite 22 121 S. Niles Avenue South Bend, IN 46617 PHONE 574/235-9251 FAx 574/235-9171 RE: Professional Services Agreement — Annual CSO Service Agreement for RT-DSS Dear Mr. Montestruque: The Board of Public Works, at its meeting held on July 26, 2016, approved the above referenced agreement in the amount not to exceed $288,100.20. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Rick Smigielski, Environmental Services GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date July 7. 2016 Name Rick Smigielski Department Environ Services BPW Date Tuesday, July 26, 2016 Phone Extension 5889 Required Prior to Submittal to Board Legal Attorney Name Michael Schmidt Controller review is required for all Contracts $5,000.00 or more Controller ® and greater than one year in length per the City Purchasing Policy Purchasing Carol Kurzhal Check the Appropriate Item Type — Required for All Submissions Agreement ❑ Contract ❑ Proposal ❑ Addendum Professional Services Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease./Encroach. ❑ Traffic Control ❑ Resolution ❑ Other: ❑ Claim Required Information Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of Ll Yes ❑ If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached ❑ Yes ❑ WBE ❑ No Annual RT-DSS Service Agreement Monthly fixed fee plus T&M not to exceed Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Time Extension: Dispersal After Copy Original ❑ ❑ ❑ ❑ ❑ ❑ EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN Owner AND Engineer FOR PROFESSIONAL SERVICES Revision H THIS IS AN AGREEMENT effective as of _ July 1, 2016_ ("Effective Date") between Board of Public Works, Owner of South Bend, Indiana ("Owner") and EmNet, LLC ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: EmNet RT-DSS Service Agreement 2016-2017 ("Project"). Engineer's Services under this Agreement are generally identified as follows: EmNet RT-DSS Service Agreement 2016-2017 Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall fumish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7 and 9. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: Contract is effective from July I, 2016 to June 30, 2017. C. If the Project includes construction -related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding _12_ months. If the actual time to EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all non -disputed claims against Engineer for any such suspension. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either parry upon 180 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.A. Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall EJCDC E-920 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright (02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.0I.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all non -disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.13 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Insurance schedule is provided in attachment C E. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. F. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. G. Force Maieure. Neither party shall be obligated to perform, and neither party shall be deemed to be in default of its performance, if prevented by (i) fire not caused by the act or omission of the party, earthquake , hurricane, wind, flood , act of God, riot or civil commotion occurring at the unit site which the party could not reasonably have foreseen and provided for; (ii) any law, ordinance, rule, regulation, or order of any public or military authority stemming from the existence of economic or energy controls, hostilities, war, or governmental law and regulation; or (iii) labor dispute which results in a strike or work stoppage affecting the unit site or services described in this Agreement other than those occurring as a result of an act or omission of Engineer; provided, however, the event of force majeure was not in the reasonable control of the part EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 H. Warranties. All new products, including, but not limited to, parts, manufactured by Engineer will be free from defects in material and workmanship for up to 1 year following the date of installation by Engineer. During this warranty period, the product will be promptly repaired or replaced, at Engineer's sole option. Warranty repairs and replacements will be performed only by Engineer or its authorized representative. Any unauthorized repair or replacement, including without limitation opening up a monitor, will void this product warranty. This warranty is available to Owner as the original purchaser of the product and only if it has been installed and maintained by Engineer. This warranty does not apply to damage by catastrophes of nature, fire, explosion, acts of God (including, but not limited to, lightning damage and power surges), accidents, improper use or service other than by Engineer, damage during transportation, or other similar causes; provided, however, such causes are beyond Engineer's control Liquidated Damages. Liquidated damages will be linked to Engineer uptime performance per telemetry site per year. Engineer will achieve 95% telemetry uptime for critical sites. Critical sites are defined as outfall, model and interceptor nodes. All other nodes are non -critical. Engineer will achieve 85% telemetry uptime for non -critical sites. A monthly report with the invoice will be submitted by Engineer that shows telemetry node uptime. According to Attachment "D", the total price for Monthly Services is $17,239.35 per month. If Engineer meets the respective 85% non -critical node and 95% critical node uptime guarantee then this amount will be billed in full each month. If the above uptime guarantee is not met, then Engineer will only bill for the percentage of data that is available to the Owner. However, Engineer will not be penalized if. a. Any sensor site or associated equipment is removed at the direction of Owner. b. Any sensor site associated with line powered equipment has the electric power disconnected by the Owner, electric company, or any other third party. c. Downtime is due to repairs or modifications executed by action of the Owner, its employees, agents, contractors or invitees. d. Downtime is due to events beyond the Engineer's control such as, but not limited to, vandalism, construction by others that cut electric lines, unusually heavy debris that destroys or otherwise disables sensor monitors, or acts of God (e.g., lightning strikes, All documents prepared or fumished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. K. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. L. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. M. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 6 7.01 Basis of Payment —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows B. Except for excluded services as provided in Section III of Scope of Work below, engineer's sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall not exceed $288,100.20 paid on the basis of a fixed monthly fee of $17,239.35; plus a not to exceed On Call Maintenance monthly fee of $4,769.00 in accordance with the Price of Services contained in Attachment "D". Such fee includes all parts, labor and expenses incurred by Engineer in performance of the services. C. Owner may request by the Task Order process the removal, addition or redeployment of Logicover, Repeater or Gateway equipment on its RT-DSS system. The Engineer will accordingly add or remove the monthly subscription fee for the Physical Site Monthly Service and the Connection Fees per the schedule on Attachment "D". The addition or removal of subscription fees will be effective on the first of the month following the completion of the Task Order. D. The Owners request for equipment removal, addition or redeployment on the RT- DSS will be known as "RT-DSS Enhancement" will be based on the fee schedule in Attachment "D". These funds will be managed by the Task Order process. These will be billed monthly on a time and materials basis only as they are used. The total annual sum is not to exceed $24,000.00. E. Engineer's sole compensation for satisfactory performance of all excluded services, as listed in Section III of Scope of Work, required and authorized in writing by the Owner will be paid on a time and materials basis in accordance with the price list contained in Attachments "D" & "E". F. Engineer shall render monthly statements following the end of the respective month for services performed in the preceding month. Statements will be payable in the normal course of Owner business. But in no event later than 30 calendar days following receipt of the detailed statement. G. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. a. Owner will not make changes in the monitoring equipment or software at the unit sites that would preclude Engineer from being able to service Owner's equipment, except as authorized in writing by Engineer. b. Owner will not make repairs or perform maintenance or attempt to do so on the telemetry monitoring equipment at the unit sites, except as authorized in writing by Engineer. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 c. Owner will allow Engineer to address the system electronically for purposes of running diagnostic tests and performing other pertinent functions during repair and maintenance of the monitoring equipment at the unit sites. d. Upon request by Engineer, Owner will make available to Engineer any existing data or monitor information which would assist in the diagnostic procedure. e. Owner will designate a single representative who shall be the primary contact with Engineer for the resolution of field problems. Written notification of any change in this primary contact will be immediately provided to Engineer. f. Owner will use its best efforts to provide and maintain intemet connectivity to each unit site listed in Attachment "B" (South Bend Cellular Communications Schedule). g. Upon reported observations thereof, Owner will be responsible for removal of any vegetation, debris or silt that may, or does, create backups or flow disruptions that may cause damage at the monitoring sites or have a negative effect on data accumulation. h. Owner will be responsible for the routine sensor maintenance or replacement of sensor equipment at monitoring sites that have negative effect on data collection or telemetry. 9.0 Scope of Work Section I. Monthly Service The Engineer shall perform the following routine maintenance and/or repair services on telemetry equipment installed at the locations listed in Attachment "A", entitled "Monitoring Site Schedule," attached hereto and by this reference incorporated as part of this Exhibit "A". The services shall include provisions for all labor, parts, and field equipment. The routine telemetry maintenance and repair services to be provided by the Engineer shall include: B. Routine Telemetry equipment repair and maintenance services: The Engineer on a scheduled monthly basis will perform repair and maintenance services necessary to keep the telemetry equipment operating in accordance with manufacturer's design specifications. These services will be performed as required both in the field and from the Engineer service facilities. Work will be completed during normal Engineer's business hours. The services to be performed under this agreement include: a. General telemetry equipment maintenance including battery replacement; b. Batteries shall be replaced when their voltages are 'critical'on the diagnostic evaluation. c. The following items will be conducted under the routine service plan: EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright (02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 i. Repair of electronic failure internal to the telemetry equipment; ii. Repair of communication link failure internal to the telemetry equipment; iii. Repair or replacement of telemetry related circuit boards, internal electronics, connectors, wiring, chassis, manhole cover, and miscellaneous items as required. iv. The Engineer shall maintain client related WE13forms which documents all EmNet maintenance and diagnostics performed. C. System Performance: Under this Scope of Work, the Engineer will monitor the telemetry system wide uptime daily. Concerning control valve sites, the Engineer shall take action to address problems in no more than three (3) working days. Concerning all other sites, the Engineer shall take action to address problems in no more than five (5) working days. The Engineer shall exclude from the uptime calculation defined in Section I, monitoring sites under maintenance and repair due to no fault of the Engineer (e.g. loss of power, node removed for Owner activities/construction, and third party maintenance). D. Contract Manager: The Owner and the Engineer will designate a primary contact for the Service Agreement at the beginning of the term of this contract to manage the overall contract and related funds. Contract Manager is referenced in paragraph 8.03.A. E. Project Management 1. The Scope of Work includes one (1) monthly ninety (90) minute meeting between the Owner and Engineer to review contract status and the system performance. EmNet participants will include the Field Service Manager and the Engineering Project Manager. 2. Monthly data QA/QC 3. Service scheduling and related communication 4. Annual Summary of service from WE13forms F. On -Call Maintenance Service: The Engineer will perform the following `On -Call Maintenance' as requested by the Owner. The total cost in time and materials for `On -Call Maintenance' shall not exceed $4,769.00 per each calendar month. All materials purchased by the Owner with `On -Call Maintenance' shall remain the property of the Owner. Any service provided by Engineer beyond the allocated `On -Call Maintenance' will fall under `Excluded Services'. Engineer will keep and maintain all documentation related to `On -Call Maintenance'. The following services and equipment may be considered part of `On -Call Maintenance': a. Changes or alterations in specifications; b. Painting, refinishing, or furnishing materials; c. Installation, moving, or removing of equipment unless required as part of the repair process; d. Repairs made necessary by action of the Owner, its employees, agents, contractors or invitees; e. Repairs made necessary due to attempts by the Owner to repair or maintain the Engineer equipment unless authorized by the Engineer; EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright (02009 National Society of Professional Engineers for EJCDC. All rights reserved. f. Maintenance and repairs to equipment not specifically identified in Attachment "A", "Monitoring Site Schedule"; g. Service during holidays or weekends, or service not covered by this Agreement. Holidays are defined as New Year's Day, Martin Luther King Day, Presidents Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and the day after, Christmas Eve and Christmas Day; h. Maintenance and repairs made necessary due to events beyond the Engineer's control such as, but not limited to, vandalism, construction by others that cut electric lines, unusually heavy debris that destroys or otherwise disables sensors, sensor or monitor (level transducer, flow meter, or water quality sensor) functional or installation failure, or acts of God (e.g., lightning strikes, etc.); i. Meetings required by items `a' through `h' called by Owner or Engineer above the one (1) ninety (90) minute monthly meeting; j. Task Order: The request and approval process for these On -Call Maintenance Service will be managed through a Task Order Process. An example of the task order is shown in Attachment "F". Task Orders will be relatively small scope by design. Any potential task order that exceeds $10,000 should be handled as a separate, stand-alone project with a more detailed Scope of Work and respective budget. The Task Order process can be initiated by the Owner or the Engineer. The Task Order will require approval by both the Owner and the Engineer to be valid. Section II. Data Warehousing, Website Access and Dashboard The Engineer will maintain a database containing all the data collected by the monitors for the past three (3) years. The Engineer will give the Owner access to the data through two (2) methods: a web site portal and a database account. The 2014 RT-DSS project established a Dashboard per the Owner's direction. The Engineer will maintain the Dashboard in its current state. The Agreement does not provide for additions or changes to the web site portal, database or dashboard. This would be covered under the On -Call Maintenance Service Task Order in Section I if the requested effort is relatively small (under $5,000 effort). If a larger scope, then it would be a stand-alone project. Section III. Excluded Services The following equipment and services shall be excluded from the monthly maintenance and repair service agreement if they exceed the allocated quota for `On -Call Maintenance': A. Communication and electrical lines external to the equipment; B. Changes or alterations in specifications; C. Painting, refinishing, or furnishing materials; D. Installation, moving, or removing of equipment unless required as part of the repair process; EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright r512009 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 10 E. Repairs made necessary by action of the Owner, its employees, agents, contractors or invitees; F. Any changes to sensor equipment by the Owner that affects the telemetry, including periodic sensor calibration; G. Repairs made necessary due to attempts by the Owner to repair or maintain the Engineer equipment unless authorized by the Engineer; H. Maintenance and repairs to equipment not specifically identified in Attachment "A", "Monitoring Site Schedule"; I. Service during holidays or weekends, or service not covered by this Agreement. Holidays are defined as New Year's Day, Martin Luther King Day, Presidents Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and the day after, Christmas Eve and Christmas Day; J. Maintenance and repairs made necessary due to events beyond the Engineer's control such as, but not limited to, vandalism, construction by others that cut electric lines, unusually heavy debris that destroys or otherwise disables sensors, sensor or monitor (level transducer, flow meter, or water quality sensor) function or installation failure, or acts of God (e.g., lightning strikes, etc.); Such services requested of the Engineer outside of this Scope of Work will fall under Time and Material; K. Engineer does not perform any work requiring confined space entry. Section IV. RT-DSS Enhancement The Engineer will make Logicover, Gateway or Repeater equipment additions, removals and redeployments to the Owner's RT-DSS as directed by the Task Order process. The Task Order budget will be determined by the site specifics and desired outcome as agreed to by the Owner and the Engineer. 1) The scope of work for the Task Order will be determined in writing and agreed to by the Owner and the Engineer. 2) The budget for the Task Order will be determined by the site specifics and desired outcome as agreed to by the Owner and the Engineer, and only after the scope of work is final. 3) The Task Order budget will come from the "RT-DSS Enhancements" line item from the EmNet Price of Services in Attachment "D". 4) The changes that come about from this process will be documented in Attachment "A" or `B" accordingly. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 202009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Engineer: Owner of South Bend, Indiana EmNet, LLC Board of Public Works By: F✓ By:�( Title: President Title: Luis -Riontestruclue, President By: Title By: Title By: Title. By: Title: Attest: Title: Date -7%a� /aorf� Address for giving notices: 227 West Jefferson Boulevard South Bend. Indiana 46601 Designated Representative (Paragraph 8.03.A) Rick Smimelski. Title: CSO Operations Manager Phone Number: (574) 235-9171 Facsimile Number: (574) 235-9171 Date: 6l1(0 Address for giving notices: 121 So. Niles Avenue, Suite 22 South Bend, Indiana 46617 Designated Representative (Paragraph 8.03.A): Jon Schommer Title: Project Manager Phone Number: 574-855-1012 E-Mail Address: rsmigielna,southbendin.aov, E-Mail Address: jschommerpemnet.net EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright C2009 National Society of Professional Engineers for EJCDC..All rights reserved. Page 12 ATTACHMENT A MONITORING SITE SCHEDULE Real Time Decision Support System REV date: 6/6/16 141 sites This sensor site schedule identifies the telemetry units covered by the Agreement between the Owner of South Bend and EmNet, LLC. Currently the telemetry equipment consists of Gnodes (with and without cellular communication) and Inodes. Location CSOnet Name Sensorrype Purpose Beck's Lake G.31.1 Pressure Transducer Basin Monitoring Ireland/Miami Basin 1.18.2 Pressure Transducer Basin Monitoring Logan Hickory Pond 1.28.1 Pressure Transducer Basin Monitoring Ireland/Miami Basin G.18.1a (SS, S2, S3) Isco 21SO Basin Outflow Monitoring Kensington Basin G.19.1a PLC Data Basin Monitoring Kensington Basin G.19.1b PLC Data Basin Monitoring Kensington Basin G.19.1c PLC Data Basin Monitoring Kensington Basin G.19.1d PLC Data Basin Monitoring Oliver Plow Basin I.SA.SB.4 Pressure Transducer Basin Monitoring Bowman Creek, Riley High School 1.32.2(51, S2) Pressure Transducerwith Temperature Sensor Bowman Creek Bowman Creek, Studebaker Golf Course 1.32.3 (SS, S2) Pressure Transducer with Temperature Sensor Bowman Creek Bowman Creek, Studebaker Golf Course 1.32.3 (53) ORP Sensor Bowman Creek Bowman Creek, Studebaker Golf Course 1.32.3 (S4) Turbidity5ensor Bowman Creek CSO 001 Oakwood and Riverside G.1.1 Pressure Transducer CSO Monitoring. CSO 002 Sherman and Riverside G.3a.2 Pressure Transducer CSO Monitoring CSO 003 Sherman and McCartney G.3a.1a Isco 2150 CSO Regulator Monitoring CSO 003 Sherman and McCartney G.3a.1b Isco 2150 CSO Outfall Monitoring CS0003 Sherman and McCartney G.3a.1c Isco 2150 Interceptor Monitoring C50 004 West End of Angela Bridge G.3b.1 Pressure Transducer CSO Monitoring CSO 006 Leland and Riverside G.29.1a Isco 2150 CSO Regulator Monitoring CSO 006 Leland and Riverside G.29.1b Isco 2150 CSO Outfall Monitoring CSO 007 Lafayette and Park 1.8.4 Pressure Transducer CSO Monitoring CSO 009 Park Ln and Main 1.8.5 Pressure Transducer CSO Monitoring CSO 010 Bartlett and Riverside G.10.2 Pressure Transducer CSO Monitoring CSO 011AE LaSalle and Michigan G.11.2 (S4) Pressure Transducer CSO Monitoring CSO 011AW LaSalle and Michigan G.11.2 (S3) Pressure Transducer CSO Monitoring CSO 011E LaSalle and Michigan G.11.2 (S1) Pressure Transducer CSO Monitoring TMP 017-1 Sample & LWE IA3.1 Pressure Transducer CSO Monitoring CSO 017 Monroe and LWE 1.30.3 Pressure Transducer CSO Monitoring CSO 018 Bowman Creek G.30.2 (SS, 52, S3) Isco 2150 CSO Monitoring EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 CSO 019 Miami and Lincoln Way East G.30.3 Pressure Transducer CSO Monitoring CSO 021 Twyckenham and LWE G.15.3 Pressure Transducer CSO Monitoring CSO 022 East End Trunk Sewer G.15.1a (SS, S2, S3) Isco 2150 CSO Monitoring CSO 022 Overflow G.15.1b (S1, S2, S3) Isco 2150 CSO Monitoring CSO 025 Lafayette and North Shore 1.8.2 Pressure Transducer CSO Monitoring CSO 026 Leeper and North Shore 1.9.2 Pressure Transducer CSO Monitoring CSO 027 Niles and Sorin G.10.1 (S2) Pressure Transducer CSO Monitoring CSO 028 Niles and Sorin G.10.1(Sl) Pressure Transducer CSO Monitoring CSO 029 Colfax & Sycamore (Lift Station) G.11.1 Pressure Transducer CSO Monitoring CSO 031 Cooper Bridge G.30.4 Pressure Transducer CSO Monitoring CSO 033 Emerson and North Side G.24.1 Pressure Transducer CSO Monitoring CSO 035 Clover and Northside G.24.2 Pressure Transducer CSO Monitoring C50036 Twyckenham and Northside G.24.3 Pressure Transducer CSO Monitoring CSO 037 21st and Pleasant Overflow G.36.1a (SS, S2, S3) Isco 2150 CSO Monitoring CSO 037 21st and Pleasant Trunk G.36.16 (SS, S2, S3) Isco 2150 CSO Monitoring CSO 03826th and North Side 1.21.2 Pressure Transducer CSO Monitoring CSO 03927th and North Side G.21.1 (S3) Pressure Transducer CSO Monitoring CSO 040 Alley in between 31st and 32nd on North Side G.21.2 Pressure Transducer CSO Monitoring CSO 041 North Side and 36th G.20.3 (Sl) Pressure Transducer CSO Monitoring CSO 042 North Side and Logan G.20.2 Pressure Transducer CSO Monitoring C50044 Northview and Riverside G.1.2 Pressure Transducer CSO Monitoring CSO 048 LWE and Robinson G.15.2(S1) Pressure Transducer CSO Monitoring C50049 LWE and Bowman Creek G.30.1 Pressure Transducer CSO Monitoring CSO 060 Emerson and Mishawaka G.22.2 Pressure Transducer CSO Monitoring by CSO 11, LaSalle and Michigan G.11.2(S2) Pressure Transducer Interceptor Monitoring by CSO 2, Blyer and Riverside 1.3a.1 Pressure Transducer Interceptor Monitoring by CSO 26, Michigan and North Shore 1.9.3 Pressure Transducer Interceptor Monitoring by CSO 27/CSO 28, Crescent and Niles G.10.1 (S3, S4) Isco 2150 Interceptor Monitoring by CSO 29, Colfax and Niles 1.11.1 Pressure Transducer Interceptor Monitoring by CSO 31, Eddy and Northside 1.30.1 Pressure Transducer Interceptor Monitoring by CSO 33, Emerson and Northside G.24.1a (SS, S2, S3) Isco 2150 Interceptor Monitoring by CSO 35, Northside and Clover 1.24.1 Pressure Transducer Interceptor Monitoring by CSO 37, 20th and Pleasant 1.36.1 Pressure Transducer Interceptor Monitoring by CSO 37, 21st and Pleasant G.36.1(SS) Pressure Transducer Interceptor Monitoring by CSO 38, 26th and Northside G.21.3 Pressure Transducer Interceptor Monitoring by CSO 39, 27th and Northside G.21.1a (S3, S2, S3) Isco 2150 Interceptor Monitoring by CSO 4, Riverside, Just North of Angela 1.3b.1 Pressure Transducer Interceptor Monitoring by CSO 41, 36th and Northside G.20.3 (52) Pressure Transducer Interceptor Monitoring by CSO 42, Logan and Northside 1.20.1 Pressure Transducer Interceptor Monitoring EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 14 by CSO 44, Northview and Riverside LIA Pressure Transducer Interceptor Monitoring by CSO 48 (RC#1), Northside boat launch, E I.15.1-2 (52) Pressure Transducer Interceptor Monitoring by CSO 48 (RC#1), Northside boat Iaunch,W 1.I5.1-2 (SI) Pressure Transducer Interceptor Monitoring by CSO 49(RC#2), Sample and Northside 1.30.2 Pressure Transducer Interceptor Monitoring by RC#3, St. Louis and Northside 1.13.3 Pressure Transducer Interceptor Monitoring by RC 44, North Shore and Lafayette 1.8.1 Pressure Transducer Interceptor Monitoring RC#1, Primary Crossing, by CSO 48 G.15.2(S2) Pressure Transducer Interceptor Monitoring RC#3, Monroe and Edgewater lS G.13.1 Pressure Transducer Interceptor Monitoring RC#4, by Leeper Park G.8.1 Pressure Transducer Interceptor Monitoring TMP 01-2, Hamilton and Portage I.2.1 Pressure Transducer Trunkline Monitoring TMP 03-1, Goodland and Lincolnway W 1.4.1 Pressure Transducer Trunkline Monitoring TMP 03-2, Westmoor and Eclipse 1.4.3 Pressure Transducer Trunkline Monitoring TMP 03-3, Sheridan and Sample 1.6.1 Pressure Transducer Trunkline Monitoring TMP 04-1, Diamond Ave 1.3b.3 Pressure Transducer Trunkline Monitoring TMP 06-1, Lincoln Way W and Madison I.SA.7.1 Pressure Transducer Trunkline Monitoring TMP 06-2, Kenwood and Olive 1.5.1 Pressure Transducer Trunkline Monitoring TMP 06-3, Grace and Olive 1.5.2 Pressure Transducer Trunkline Monitoring TMP 06-4, Taylor and Western 1,34.1 Pressure Transducer Trunkline Monitoring TMP 11-1, South and Main 1.12.2 Pressure Transducer Trunkline Monitoring TMP 11-2, South and Michigan 1.12.3 (S1, S2, S3) Isco 2150 Trunkline Monitoring TMP 14-1, Bronson and Lincoln Way E 1.13.2 Pressure Transducer Trunkline Monitoring TMP 18-1, Fellows and Donald 1,32.1 Pressure Transducer Trunkline Monitoring TMP 18-2, Chippewa, 1580' W of Main 1.17.1 Pressure Transducer Trunkline Monitoring TMP 18-3, Dubail and High LSA.SB.1 Pressure Transducer Trunkline Monitoring TMP 18-4, Donald and High I.SA.SB.2 Pressure Transducer Trunkline Monitoring TMP 18-5, Erskine and Eckman I.SA.SB.3 Pressure Transducer Trunkline Monitoring TMP 19-1, Dayton and Miami 1.14.1 Pressure Transducer Trunkline Monitoring TMP 22-1, Twyck. and Ewing 1.15.3 Pressure Transducer Trunkline Monitoring TMP 22-2, Ridgedale and Twyck. USA Pressure Transducer Trunkline Monitoring TMP 22-3, Ireland and High 1.18.1 Pressure Transducer Trunkline Monitoring TMP 25-1, Tonti and Lafayette 1.8.3 Pressure Transducer Trunkline Monitoring TMP 27-1, Campeau and Eddy LSA.27.2 Pressure Transducer Trunkline Monitoring TMP 27-3, South Bend Ave and St. Peter I.SA.27.3 Pressure Transducer Trunkline Monitoring TMP 28-3, Madison and Arthur 1.33.2 (51, S2, 53) Isco 2150 Trunkline Monitoring TMP 28-2, Niles and Colfax 1,11.2 Pressure Transducer Trunkline Monitoring TMP 31-1, Southwood and Twyck. 1.23.5 Pressure Transducer Trunkline Monitoring TMP 31-4, Clover and Mishawaka 1.23.6 Pressure Transducer Trunkline Monitoring TMP 37-2, McKinley and Ironwood 1.26.1 Pressure Transducer Trunkline Monitoring TMP 60-1, Emerson and Ruskin 1.22.1 Pressure Transducer Trunkline Monitoring EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright (02009 National Society of Professional Engineers for EJCDC All rights reserved. Paee 15 TMP 60-2, Oakland and Ruskin 1.22.2 Pressure Transducer Trunkline Monitoring TMP 60-3, Clover and Ruskin 1.22.3 Pressure Transducer Trunkline Monitoring TMP 60-4, Twyck. and Ruskin 1.23.3 Pressure Transducer Trunkline Monitoring TMP 60-5, Bellevue and Ruskin 1.23.2 Pressure Transducer Trunkline Monitoring TMP 60-6, Esther and Ruskin L23.1 Pressure Transducer Trunkline Monitoring Park and Michigan 1.8.6 Pressure Transducer Trunkline Monitoring TMP 04-2, Diamond and Woodward 1.3b.4 (S3, S2, S3) Isco 2150 Trunkline Monitoring TMP 011-4, Colfax and Michigan 1.37.1 Isco 2150 Trunkline Monitoring PM11B, LaSalle, west of Michigan, in left turn lane for Michigan 1.37.2 Isco 2150 Trunkline Monitoring TMP 011-5 Main between Washington and Jefferson 1.37.3 Isco 2150 Trunkline Monitoring TMP 011-6, Colfax and Michigan 1.37.4 Isco 2150 Trunkline Monitoring TMP 006-5, Blaine and Lincolnway West I.SA.7.2 Depth Trunkline Monitoring TM27,CSO 027, Niles and Crescent 1.10.2 Isco 2150 CSO Monitoring PM27, CSO 028, Niles and Crescent 1,10.3 Isco 2150 CSO Monitoring TM14,CSO 014, MEast onroa and Lincolnway 1.13.4 Isco 2150 CSO Monitoring TM31A,Mishawaka, East of Emerson 1.22.4 Isco 2150 Trunkline Monitoring PM31,CSO 031, Eddy and Mishawaka Ramp 1.30.4 Isco 2150 CSO Monitoring CSO 44, Northview/Riverside 1.1.3 Isco 2150 CSO Monitoring CSO 01, Oakwood/Riverside 1.1.4 Isco 2150 CSO Monitoring CSO 39, Northside east of 27th 1.21.3 Isco 2150 CSO Monitoring CSO 35, Clover north of Northside 1.24.2 Isco 2150 C50 Monitoring CSO 04, Angela/Riverside 1.3b.5 Isco 2150 CSO Monitoring CSO 26, Leeper/Northshore 1.9.5 Isco 2150 CSO Monitoring TJX South Basin I.SA.SB.5 Isco 2150 Basin Monitoring TJX North Basin I.SA.SB.6 Isco 2150 Basin Monitoring Indiana and Walnut I.SA.SB.7 Isco 2150 Sewer Monitoring Indiana and Philippa I.SA.SB.11 Isco 2150 Sewer Monitoring Donald and Franklin I.SA.SB.12 Isco 2150 Sewer Monitoring Webster and Indiana I.SA.SB.13 Isco 2150 Sewer Monitoring Dubail and Walnut I.SA.SB.14 Isco 2150 Sewer Monitoring Riverstage, Kennedy Park, and Recommissioned Sites: New 2016 Riverstage at CSO 39 G.21.1(S2) Pressure Transducer River Monitoring Riverstage at East Race LSA.SB.15 Pressure Transducer River Monitoring Kennedy Park Pressure Transducer Sewer Monitoring EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. ATTACHMENT B South Bend Cellular Communications Schedule 55 locations Rev date: 6/3/16 This equipment schedule identifies the Gnode and Inode units covered by the Agreement between the Owner of South Bend and EmNet, LLC. The listed Gnodes have cellular communication and are needed for logging sensor information. No. Noe Purpose Location New? 1 G.1.2 CSO control site CSO 44 Northview and Riverside No 2 G.1.1 CSO outfall monitoring CSO I Oakwood and Riverside No 3 G.2.1 Trunkline Monitoring Hamilton and Portage No 4 G3a.1 CSO outfall monitoring and control CSO 3 Sherman and Riverside No 5 G.3b.1 CSO control site CSO 4, Riverside and Angela No 6 GAT Trunkline Monitoring Bendix and Westmont No 7 G.5.1 Trunkline Monitoring Orange and Olive No 8 G.6.1 Trunkline Monitoring Sheridan and Sample No 9 G.8.1 CSO Outfall monitoring River Crossing 94 Riverside and Lafayette No 10 L8 2 CSO control site CSO 25 Lafayette and North Shore No I G.9.1 CSO outfall monitoring North Shore and Michigan No 12 G.10.1 CSO outfall monitoring and control CSO 27/28 Niles and Sorin No 13 G.1I.1 CSO monitoring CSO 29 Lift Station, Cabinet 2 No 14 G. 12.1 Trunkline Monitoring Michigan and South No 15 G.13.1 CSO outfall monitoring Monroe and Edgewater No 16 1.13.1 CSO control site CSO 14, Monroe and LWE No 17 G. 14.1 Trunkline Monitoring Calvert and Miami No 18 G. 15.1 CSO outfall monitoring CSO 22 East End Trunk Sewer No 19 G. 16.1 Trunkline Monitoring Miami and Ridgedale No 20 G.17.1 Trunkline Monitoring Chippewa and Main No 21 G. 18.1 Basin Momtoring/Control Ireland Miami Basin No 22 G.19.1 Basin Monitoring/Control York and Provincial No 23 G.20.1 Trunkline Monitoring Mishawaka and Logan No 24 G.21.1 CSO outfall monitoring CSO 39 27th St. Lift Station No 25 G.22.1 Trunkline Monitoring Twyckenham and Mishawaka No 26 G.23.1 Trunkline. Monitoring Twyckenham and Mishawaka No 27 G.24.1 CSO outfall monitoring CSO 33 Emerson and Northside No 28 G.26.1 Trunkline Monitoring McKinley and Ironwood No 29 G.28.1 Basin Monitoring/Control Corby and Hickory No 30 G.29.1 CSO outfall monitoring CSO 6 Leland and Riverside No EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 31 G.30.1 CSO outfall monitoring CSO 49 Sample and Lincolnway, E No 32 G.30.4 CSO monitoring CSO 31, Eddy and Northside No 33 G.31.1 Basin Monitming/Control Beek's Lake No 34 G.32.1 Trunkline Monitoring Ewing and Fellows No 35 G.34.1 Trunkline Monitoring Taylor and Western No 36 G.36.1 CSO monitoring CSO 37 Pleasant and 21 st No 37 I.SA.SB.I Trunkline Monitoring TMP 18-3, Dubail and High No 38 LSA.SB.2 Trunkline Monitoring TMP 18-4, Donald and High No 39 1SA.SB.3 Trunkline Monitoring TMP 18-5, Erskine and Eckman No 40 LSA.SB4 Basin Monitoring/Control Oliver Plow Basin No 41 G.37.1 Trunkline Monitoring LaSalle and Main No 42 LSA.SB.S Basin Monitoring TJX South Basin Yes 43 LSA.SEL6 Basin Monitoring TJX North Basin Yes 44 1SA.SB.7 Sewer Monitoring Indiana and Walnut Yes 45 LSA.SB.I I Sewer Monitoring Indiana and Philippa Yes 46 I.SA.SB.12 Sewer Monitoring Donald & Franklin Yes 47 I.SA.SB.13 Sewer Monitoring Indiana & Webster Yes 48 LSA.SBA4 Sewer Monitoring Dubai] & Walnut Yes 49 1,SA.27.2 Sewer Monitoring TMP 027-1, Corby and South Bend Ave Yes 50 LSA.27.3 Sewer Monitoring TMP 027-3, South Bend Ave and St. Peter Yes 51 1.33.2 Sewer Monitoring TMP 028-3, Madison and Sommers Yes 52 LSA.7.1 Sewer Monitoring TMP 006-1, Lincoln Way West and Madison St. Yes 53 LSA.7 2 Sewer Monitoring TMP 006-5, Lincoln Way West and Blaine Yes New Cellular Sites 2016 River RC #3 stage at East Race LSA.SB.15 Pressure Transducer River Monitoring Interceptor at RC 03 1.13.3 Pressu re Tra nsducer Interceptor Monitoring EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 18 ATTACHMENT C INSURANCE REQUIREMENTS The limits of liability for the insurance required by the Agreement. 1) Workers' Compensation: Statutory 2) Employer's Liability -- a. Each Accident $1,000,000 b. Disease, Policy Limit: $1,000,000 C. Disease, Each Employee: $1,000,000 3) Commercial General Liability -- a. Each Occurrence: $1,000,000 b. General Aggregate: $2,000,000 C. Products/Completed Operations: $1,000,000 d. Personal and Advertising $1,000,000 e. Contractual Liability— (i) Each Occurrence: $1,000,000 (ii) General Aggregate $2,000,000 4) Excess Umbrella Liability -- a. Each Occurrence: $2,000,000 b. General Aggregate: $2,000,000 5) Business Automobile Liability -- a. Bodily Injury, Each Accident: $1,000,000 b. Property Damage, Each Accident: $1,000,000 6) Professional Liability Insurance -- a. Each Claim Made: $1,000,000 b. Annual Aggregate: $1,000,000 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDG All rights reserved. Paee 19 ATTACHMENT D EmNet PRICE OF SERVICES Preferential Service and Subscription Fee: $89.85 per physical site per month Includes: Website and Data storage, battery replacement, unlimited warranty on telemetry** ** Warranty does not cover items excluded in Monthly Maintenance (Exhibit 9.0, Section 1/1) EmNet Service Fee Schedule 2016 Description Units/Mo Price per Unit Monthly Service Cost Annual Total Physical Site Monthly Service 141 $89.85 $12,668.85 $152,026.20 Virtual Site Monthly Service 1 $858.00 $858.00 $10,296.00 Connection Fees 55 $67.50 $3,712.50 $44,550.00 SUB -TOTAL $17,239.35 $206,872.20 On -Call Maintenance Service 1 *$4,769.00 *$4,769.00 *$57,228.00 RT-DSS Enhancements 1 *$2,000.00 *$2,000.00 *$24,000.00 TOTAL $24,008.36 $288,100.20 NOTES: For more details regarding the figures in this contract, please refer to "South Bend's RT-DSS Cost Breakdown' document, dated June 26, 2015. The charge of $17,239.35 for Physical and Virtual site service and Connection fees will be billed every month. *denotes contract funds that are billed as used on a monthly basis 2016 EmNet Rates Labor type units Price per Unit Preferred Client Discount Preferred Client$/hr Principal Per hour $209 15% $178 Engineer Per hour $168 15% $143 Field Technical Service Per hour $150 15% $128 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services, Copyright C-2009 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 20 ATTACHMENT E EMNET EQUIPMENT PRICE LIST 2016 Logicover $3,400.00 Gateway $2,674.00 Repeater $1,294.00 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright Cr2009 National Society of Professional Engineers for EJCDC. All rights reserved. Pa¢e 21 ATTACHMENT F emnet Date: Month Day, Year EmNet Task Order EmNet, LLC 121 S. Niles Ave., Suite 22, South Bend, IN 46617 574.855.1012 www.emnetnet South Bends Service Contract: On -Call Maintenance Service Statement of Work: Estimated Level of Effort: # hours Estimated Start Date: # days after receipt of approved Task Order EmNet Project Manager: Jon Schommer Owner of South Bend Approval Date: EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright,C2009 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 22