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HomeMy Public PortalAbout170-2018 - Sanitation - Hurst - Service upgradesAGP,EE>,EN, ORIGINAL THIS AGREEMENT made and entered into this /3 day of rJeoen hel' , 2018, by and referred to as Contract No. 170-2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners, with its office at 50 North 5 h Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Hurst Technical Services, Inc., 7530 Disalle Blvd., Suite 100, Fort Wayne, IN 46825 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City retains Contractor for the software, installation and support for upgrading the SCADA Software (ifix) version upgrades for three (3) system computers with the Richmond Sanitary District (hereinafter referred to as "District"). This upgrade to the three (3) District computers is necessary for working with the current Windows operating system. Contractor, a sole source for this software version upgrade, has given a response to City dated May 23, 2018, and is contained in Exhibit "A", which Exhibit "A" consists of two (2) pages and is attached hereto and incorporated herein by reference and made a part of this Agreement. Exhibit "A" also includes the Contractor's agreed upon Specifications for the software ifix version upgrade. Should any provisions, terms, or conditions contained in any of the documents attached hereto as exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all services necessary for the proper completion of all work specified. The Contractor shall, when requested by City, provide the software, software updates, and all support and maintenance benefits set forth in Exhibit "A". The Contractor shall also provide, at its own expense, competent supervision of the work required in this Agreement. SECTION H. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed Ten Thousand Four Hundred Sixty -Five and 00/100 ($10,465.00), as set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until final completion of all work. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least thirty (30) days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: Contract No. 170-2018 a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty (30) days written notice to the other party. In the event of termination of this Agreement, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $1,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public properly, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIH. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION IX. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Any person executing this Contract in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Contract and that such authorization has not been revoked or rescinded. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" "CONTRACTOR" The City of Richmond, Indiana, by and through its Board of4anitary Commissioners Miller, President Am��y-g-Rtesident— -Al re teins, Member rted: lI 3 8' Hurst Technical Services, Inc. Name Title: 15ix A-le-[.6 —r--,y4 Dated: ' ffohlC41 SER"{CES 1Hi. May 23, 2028 Richmond Sanitary DlstrlctWWTP Attn: Pat Smoker 2380 liberty Ave Richmond IN 47374 RE: !Fix SCADA Upgrades Dear Pat, PN;HTS-18BT038 Hurst Technical Services is pleased to submit this offer to you, for upgrading the plant SCADA system, )Pix HMI software for 3 system computers. The upgrade is necessary, for working with the current Windows operating system. It includes many major Improvements for tracking and reporting, as well as overall functionality for the operator Interface. Hurst will provide the following: 1. iFix v5.9 Plus Development Unlimited Points English s Historian v7.0 Essential 1000 Points Add'On 4 WIN 911 v3.1 Essential Add On 2. Drivers IGS- Industrial Gateway Server for Basic Points 3. IFix v5.9 Plus Runtlme 150 Points English o Historian v7,0 Essential 100 Points Add On WIN 911 v3.1 Essential Add On 4. IFIx v5.9 Plus Runtlme 150 Points English Historian v7.0 Essential 100 Points Add On o WIN 911 v3.1 Essential Add On (Main Upgrade) $5,500.00 (Driver Upgrade) $361.00 (Operator Upgrade) $1,535.00 (New FiiterS.CADA) $3,069.00 The total cost for the software, Installation and support: $10,465.00 if you have any questions or concerns about this proposal, please call or write anytime, Hurst sincerely appreciates your.conslderatlon and continued business. Respectfully, Hurst Technical Services, Inc. Bill Travis Senior Fleld,Services Engineer 7530 DISalle Blvd Ste 100 Fort Wayne Indiana 46825 800,887.9362 Fax 260.749.9335 EXHIBIT "A" I of 2 SCADA Software Upgrades The Operations Department is looking to upgrade the Software utilized in the plant -wide SCADA system. The currently used ifik software is 10 years old. The version in use is only compatible with the now unsupported Windows XP. As we upgrade the computer and its Microsoft package, it will be necessary to also upgrade the SCADA software. The new software comes with increased features allowing for reporting activities and more user friendly, on=call control of the plant. The reporting feature will automate much of the data collection aspect of operations, allowing operators to spend more time on data analysis, which will increase efficiency of the plant both economically and environmentally. The new software is also going to give RSD the opportunity to integrate the SCADA into a single, plant -wide system. EXHIBIT "A" 2 of 2