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Home My WebLink AboutC2016-461 - 9/15/2016 - NA AMENDMENT NO.4 TO IT AGREEMENT For PROFESSIONAL SERVICES This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee (''City Engineer"), and EPM Live, Inc. of Austin,Texas ('CONSULTANT"), which agree as follows: Original Contract $49,000.20 Administrative Approval December 21,2013 Amendment No. 1 $60,125.00 Ordinance No. 030078 February 1, 2014 Amendment No. 2 $16,000.00 Administrative Approval April 30, 2015 Amendment No. 3 $139,622.40 Motion No. 2015-112 September 29, 2015 Renewed Contract $37,274.00 Administrative Approval I September 29, 2015 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: Project Management Software(El 3126)"Project". 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letters, Scope of Services, and Fee attached as"Exhibit A". 3. FEE. The"CITY"agrees to pay the"CONSULTANT"for services provided in accordance with Exhibit "A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $37,274.40 (in figures), (Thirty-Seven Thousand Two Hundred Seventy-Four Dollars and Forty Cents) (in words) for a total revised fee not to exceed $ $264,674.20 (in figures), (Two Hundred Sixty-Four Thousand Six Hundred Seventy-Four Dollars and Twenty Cents) (in words). 4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save harmless and defend the "CITY". and it's agents, servants, and employees as more fully set forth in the Original Agreement. 5. OWNERSHIP OF DOCUMENTS. All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by the Consultant without the express written consent of the Director of Engineering. However, the Consultant may use standard details that are not specific to this project. CITY OF COR USC RISTI PM LIVE,IN 1l .,oC.eeU S A/Ce L1. ; 47/05/i. � �� ,nar=w S Pncu(Aug 19.20`.6; NICIr'k Van Vleck ( te) Andy Price (Date) Aug 19, 2016 Assistant City Manager Chief Financial Officer 401 Congress Avenue, Suite 2650 Austin, Texas 78701 (512) 524-6149 contractprocessing@versata.com `✓ REt E D • -' q , /.4 ,„,, 'weer' cr VI- H. Gray, P.E. 6u,'i.tte. e iQ '/l6(/ Exe- tive Direct• of P Clic Wo' s V Margie C. Rose, City Manager 2016-461 9/15/16 PM_LIVE_CITY_OF_CORPUS_AGREEMENT_AMENDMENT 4_I 15.08.16).CLEAN.DOCX EPM Live Inc. INDEXED APPROVED AS TO LEGAL FORM Aimee Alcorn-Reed 2016.09.06 08:52:10-05'00' Legal Department (Date) Fund Name Accounting Unit Account Activity Amount No. No. Capital Programs Operating 5310-11150-011 550050 $37,274.40 Total $37,274.40 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\ENGINEERING IT1E13126-PROJECT MANAGEMENT SOFTWAREWMENOMENT NO 4\A(:REEMEN1 -EPM LEA'F' AMENDMENT NO 4 DOC\ . • . . • EPM Live SALES ORDER ON PREMISE SUBSCRIPTION RENEWAL Date: May 4, 2016 Order#: EPM-City of Corpus Christi-04May16 Customer: City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 Service Provider: EPM Live,Inc. 401 Congress Avenue,Suite 2650 Austin,Texas 78701 SOFTWARE SUBSCRIPTION LICENSE EPM Live Dedicated Hosting 42 Full Users 50 Team Members TERM START DATE: January 31,2016 CURRENCY: USD AVAILABLE SUBSCRIPTION PLAN ONGOING ANNUAL PLEASE SUPPORT PLAN SUBSCRIPTION TERM FIRST YEAR FEE FEE THROUGH TERM SELECT PLAN TERMS One Year(Year 3 January 31,2016- Legacy of 3 year January 31,2017 37,270 N/A {{EI}} contract) 37,274.40 Special-Terms (-1) this Sales Order,and (2) the'Software License Agreement.' Subscription Quote Page 1 of 2 Service Provider Confidential Version#160329 Exhibit A Page 1 of 2 EPM Live Su .. . . (B) SUBJECT TO EARLY TERMINATION IN ACCORDANCE WITH THE 'SOFTWARE LICENSE AGREEMENT,' THE SELECTED ABOVE UNLESS CUSTOMER NOTIFIES SERVICE PROVIDER IN WRITING OF CUSTOMER'S INTENT NOT TO RENEW AT LEAST THIRTY(30)DAYS PRIOR TO THE EXPIRATION OF THE THEN-CURRENT TERM. • • - • ••• - -• •- - e •e •••••-• tionswith-rgspgct Authorization: after that time are subject to increases and changes,respectively - - S _ • _S- • - • - , • ' •,, _ i - - -, - CUSTOMER-SIGNATURE SERVICE-PROVIDER-SIGNATURE Doan your .,.. . • • •. . ... .. . .. - ({U}) NO. PO-IS-NOT REQUIRED {{fl}}YES.PO IS REQUIRED.PO NUMB - •• ' •• - ' • " • a a , " - Subscription Quote Page 2 of 2 Service Provider Confidential Version#160329 Exhibit A Page 1 of 2 EXHIBIT"B" INSURANCE REQUIREMENTS VENDOR'S LIABILITY INSURANCE A. Vendor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Vendor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate Commercial General Liability including: $500,000 Per Occurrence 1. Broad Form 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors BUSINESS AUTOMOBILE LIABILITY $100,000 Combined Single Limit 1. Owned 2. Hired&Non-owned WORKERS' COMPENSATION Which Complies With The Texas Workers' Compensation And Paragraph II Of This Exhibit. All states endorsement is required if company is not domiciled in Texas EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this project, Vendor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10)days of the accident. II. ADDITIONAL REQUIREMENTS A. Vendor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and EXHIBIT"B" Page 1 of 3 endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. All States endorsement is required if company not domiciled in the State of Texas. B. Vendor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Vendor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Vendor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Vendor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax# D. Vendor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage. Vendor provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Vendor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Vendor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City EXHIBIT"B" Page 2 of 3 • shall have the right to order Vendor to discontinue sales/work hereunder, until Vendor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Vendor may be held responsible for payments of damages to persons or property resulting from Vendor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Vendor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013 Engineering Dept. Purchase and Installation of Software—ins. reqs. 12/19/2013 ds Risk Management EXHIBIT"B" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%