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Home My WebLink AboutC2017-469 - 10/16/2017 - NA AMENDMENT NO. 5 TO IT AGREEMENT For PROFESSIONAL SERVICES This Amendment No. 5 ("Amendment 5") is entered into 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"), Pursuant to IT Agreement for Professional Services dated December 21, 2013 ("IT Agreement"). The parties agree as follows: Original Contract $49,000.20 Administrative Approval December 21,2013 Amendment No. 1 $60,125.00 Ordinance No. 030078 February 11, 2014 Amendment No. 2 $16,000.00 Administrative Approval April 30, 2015 Amendment No. 3 $139,622.00 Motion No. 2015-112 September 29, 2015 Amendment No. 4 $37,274.40 Administrative Approval September 16, 2016 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: Project Management Software (E13126) "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". Further the scope of work includes a service package of help desk tickets and support services to be provided from EPM Live professional services. Invoices to be submitted in accordance with Exhibit"C". 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 of $19,229.57 (in figures), (Nineteen Thousand Two Hundred Twenty Nine Dollars and Fifty Seven Cents) (in words) for a total revised fee not to exceed $283,903,57 (in figures), (Two Hundred Eighty Three Thousand Nine Hundred Three Dollars and Fifty Seven Cents) (in words). 4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save harmless and defend the "CITY", and its agents, servants, and employees as more fully set forth in in the IT 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 CORPUS CHRISTI UPLAND SOFTWARE/ LMR CONSULTING DBA EPM LIV 4 / /6 /7 9/28/2017 Mark Van Vleck (D e ,) Andy Price (Date) Assistant City Manager Chief Financial Officer 401 Congress Avenue, Suite 2650 Austin, Texas 78701 512-524-6149 contractprocessinqOversata.com 2017-469 10/16/17 )RPUS AGREEMENT - EPM LIVE AMENDMENT NO S CLEAN 170922.1.DOCX EPM Live Inc. INDEXED 1 RE • MENDED C/J7 • V. 'e H. Gray, '•.E. \�'I v flI (Dat-) E utive Directo .f ' blic o s •PP-OVED •S TO LEGAL FORM 4 -1►_ 1 0/1 0/1 7 Legal Depame' (Date) ATTST, C &be---C--K4CITGX rt?‘ CV/ Rebecca Huerta, City Secretary (Date) Fund Name Accounting Unit Account Activity No. Amount No. Engineering Operating Fund 5310-11150-011 520100 $19,229.57 SSD:USERS:HILARV:DOWNLOADS:CITY OF_CORPUS_AGREEMENT_-_EPM LIVE_AMENDMENT_NO._5_CLEAN_170922-1.DOCX Service Provider: EPM Live,Inc 401 EPM Live UnitedTX ess Ave 12650 Austin,TX 78701 Professional Services Quote States Customer: Contact information:ordersi versata.corn City of Corpus Christi Quote Number:•City o1 Corpus Chnsti•l2Sep17 1201 Leopard Street Quote Prepared Date:September 12.2017 Corpus Christi.TX 78401 Quote Expiration Date:Oc:ober 15.2017 United States Term Start Date: September 15,2017 Term: 395 Days Completion Date: October 15.2018 Services: Other Software Name: EPM Uve Currency: USD 1. Fixed Fee Services Milestone Name and/or Invoice Data Services Fees • Not Applicable Not Applicable Are expenses Included In the Services Fees? Not Applicable included not included 2. Time and Materials Services Services Description Unit Services Unit Services Fees Total Fees Quantity (hours,days) (Mr Services Unit) Consultant 67.5 Hours 200 13.500.00 Exhibit A Page 1 of 2 EPM-Contract/Invoice History Project E13126 Contract NTP Date Amount Notes Original 12/21/2013 $ 49,000.20 Date per printout Amendment 1 2/13/2014 $ 60,125.00 Amendment 2 5/12/2015 $ 16,000.00 Amendment 3 9/30/2015 $ 102,274.40 Contract total shows: $264,674.20 which is$0.20 over actual contract total,total should have read Amendment 4 9/16/2016 $ 37,274,40 $264,674.00 Contract Total $ 264,674.00 Expenses Invoice Date Amount 41165 2/25/2014 $ 5,848.20 68 2/26/2014 $ 1,575.00 2185 2/24/2014 $ 19,602.00 41201 3/11/2014 $ 15,312.50 41269 4/16/2014 $ 27,515.79 41268 4/16/2014 $ 3,883.47 41333 5/12/2014 $ 10,419.06 41393 6/5/2014 $ 4,943.75 41465 7/2/2014 $ 3,018.75 41538 8/6/2014 $ 4,287.50 41590 9/8/2014 $ 262.50 E0037 11/13/2014 $ 262.50 41648 10/16/2014 $ 1,618.75 E0102 1/14/2015 $ 175.00 E0135 3/12/2015 $ 1,356.25 E0150 4/14/2015 $ 787.50 INV005440 5/14/2015 $ 2,800.00 E0191 6/17/2015 $ 2,406.25 INV006112 6/12/2015 $ 13,200.00 INV008951 9/30/2015 5 37,274.40 INV009445 11/9/2015 $ 2,900.00 INV010006 12/8/2015 $ 12,200.00 INV010777 1/11/2016 S 1,300.00 5I-EPM-0039 5/10/2016 $ 600.00 SI-EPM-0097 6/13/2016 $ 300.00 SI-EPM-0126 7/11/2016 $ 1,200.00 SI-EPM-0290 1/16/2017 $ 4,650.00 Move to SaaS assessment. SI-EPM-0306 2/9/2017 $ 8,100.00 Moved from Hosted to SaaS SI EPM 0318 2/16/2017 $ 44,080.00 Annual agreement ; Need amd#5 SI-EPM-0337 3/7/2017 $ 1,250.00 Moved to SaaS Production Move. INV012291 3/1/2016 $ 37,274.40 Total Paid $ 270,403.57 Amt short to process 2017 annual Available(Contract less Expenses) $ (5,729.57) agreement invoice. 49 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. 1. 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 Contract Amd No. 1 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01101/2017 Amd No. 2 Total Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 51,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 54,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for. Payment Request AE Contract Revised 02/01/17 Remaining Balance Percent Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1%