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Home My WebLink AboutRES.1414.11-02-1998 � 4 ' BILL NO. 98-227 RESOLUTION NO. ��Jy A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EPIC SYSTEMS, INC. , FOR ENGINEERING DESIGN FOR THE WASTEWATER TREATMENT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manaqer, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with EPIC Systems, Inc. for engineering design proposals for a Supervisory Control and Data Acquisition System (SCADA) for the wastewater treatment operations . A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS � UAY OF � � 19 '� ��.(��.1�',r'k/�2' � ��• ;' A. M. Spradling, III, May ATTEST: I�! . R :�.s�.+�C.��.k'��i�'��'i�L� � Gayle�. Conrad '?� � Deputy City Clerk ��:' :, �, l ;, :� •,y�: � EPIC Systems,Inc. Standard Consulting Agreement This Consulting Agreement(this"AgreemenY')is agreed to October 26, 1998,by EPIC Systems,Inc. (hereafter EPIC)a Missouri corporation,having a principal place of business at 11124 South Towne Square, Suite 102, St. Louis,MO 63123 and City of Cape Girardeau, Missouri(hereafter"Client")having a principal place of business at 401 Independence Street,Cape Girardeau,MO 63701. In consideration of mutual covenants in this Agreement, EPIC and Client agree as follows: Term. This Agreement is effective on the date first written above and will continue in effect,unless terminated earlier according to the terms of this Agreement, for a period of one(1)year. Client shall not be liable for,nor will EPIC be liable to provide any Services or Systems,or incur any expense on behalf of Client after the effective date of termination. Termination.A non-defaulting party may terminate this Agreement at any time by giving written notice to the defaulting party,effective immediately, if any of the following events occur: 1. A party,the defaulting party, fails to perform any obligation or remedy any default under this Agreement, including any act of repudiation or wrongful rejection,within thirty(30)days after the non-defaulting party has given the other party written notice of such failure,or 2. Client fails to pay EPIC any moneys owed or accruing from this Agreement or any Work Order under this Agreement. If Client's delinquency is not corrected within ten(10)days after EPIC gives Client written notice of delinquency. In the event of any default,the non-defaulting party shall have the rights and remedies available to it in law ar in equity, and termination of the Agreement under this paragraph shall not preclude recovery of damages suffered by the non-defaulting party as a result of the default. Once a party has defaulted hereunder,the non-defaulting party may cease its performances until the default is cured, and no further performance is required if this Agreement is terminated pursuant to this paragraph Deliverables. The entire right,title,and interest throughout the world to the Deliverables or other intellectual property rights pertaining to EPIC will be vested in and held by EPIC,except for(1)any work, trademark and/or invention that is in the public domain,or(2)any work,trademark and/or invention that EPIC designs specifically and exclusively for Client in accordance with the terms of a Work Order specifically identifying the Deliverables so designed. Each party agrees to execute any and all documents prepared by the other and to do all other lawful acts as may be required by the other party to establish, document and protect the rights provided herein. Client Supplied Resources. All rights,title,and interest in and to any programs,systems,data, and materials furnished to EPIC by Client are and will remain the property of Client. Upon identifying a problem with Client supplied resources, EPIC will immediately notify Client. Client may correct the identified failure or may request EIPC correct the identified failure. Client agrees that if EPIC is requested to correct the failure, and Client does not have a Support Agreement with EPIC,then Client will compensate EPIC at our then standard rates plus any cost incurred by EPIC. If so requested by Client, EPIC shall be paid or reimbursed for(1)EPIC's time to diagnosis any problems with or incompatibility of Clients equipment or software,(2)EPIC's time and cost to contact vendor to diagnosis any problem with or incompatibility of Clients equipment or software and to determine if the manufacturer desires to repair or replace the product or any component thereof,(3)EPIC's time and costs for packing materials and shipping charges for replacement component or product,(4)EPIC's time to pack and ship Client defect product,and(5)EPIC's time to download software, install,and test the repaired or replacement component or product. Compensation of EPIC's Personnel. EPIC will bear sole responsibility for paying compensation and benefits to its personnel in accordance with current policies.. EPIC and it's subcontractors will pay and report,for all personnel assigned to Client's work, federal and state income tax withholding,social security taxes,and unemployment insurance applicable to such personnel. EPIC agrees to defend, indemnify,and hold harmless Client,Client's officers,directors,employees,and agents and administrators of Client's benefit plans from and against any claims, liabilities,or expenses relating to such compensation,tax, insurance,or benefit matters.Client will promptly notify EPIC of such claim,when and as it comes to Client's attention,cooperate with EPIC in the defense and resolution of such claim,and not settle ar otherwise dispose of such claim without EPIC's prior written consent, such consent not to be unreasonably withheld. Additional Value From Hiring. Client acknowledges that EPIC provides a valuable service by identifying and assigning its personnel and its subcontractors to Client's wark. Client further acknowledges that Client would receive substantial additional value,and EPIC and its subcontractors would be deprived of the benefits of its work force, if Client were to directly hire EPIC's or its subcontractors personnel after they have been introduced to Client by EPIC. No Hiring Without Prior Consent. Without the prior written consent of EPIC,Client will not recruit or hire any personnel of EPIC or its subcontractors who are or have been introduced to Client or assigned to perform work for Client until one(1)year after termination of this Agreement. Hiring Fee. If Client hires any EPIC personnel,or personnel of its subcontractors who have been introduced to Client or have been assigned to perform Client work,Client will pay EPIC,within thirty(30) days of the date of such hiring,an amount equal to thirty percent(30%)of the total first year compensation for said person as a fee in exchange for the additional benefit obtained by Client provided by EPIC. Independent Contractors. The parties are and will be independent contractors to one another,and nothing in this Agreement will be deemed to cause this Agreement to create an agency,partnership,or joint venture between the parties.Nothing in this Agreement will be interpreted or construed as creating or establishing the relationship of employer and employee between Client and either EPIC or any employee or agent of EPIC. EPIC Insurance. EPIC agrees,during the term of this Agreement,to maintain at EPIC's expense, all necessary insurance for its employees, including but not limited to,workmen's compensation,disability, and unemployment insurance,and to provide Client with certification upon request. Work Space. Client agrees to provide working space and facilities, and any other services and materials EPIC or its personnel may reasonably request in order to perform their work. All work will be performed in a workmanlike manner by EPIC personnel. EPIC will make sure its employees at all times observe security and safety policies of Client. Indemnification. Each party(the"indemnifying party")agrees to indemnify and hold the other party, its officers,employees,contractors,agents and their employees(the"indemnified party")harmless from any costs,claims, damages,or liability of any sort as a result of the negligent acts of the indemnifying party or the failure of the indemnifying party to perform its obligations hereunder,which, in either case,result directly in personal injury or property damage. Loss of Data. In no event will EPIC be liable for loss of data or records of Client, it being understood that Client will be responsible for ensuring proper and adequate back-up and storage products. Residual Rights. EPIC and its personnel will be free to use and employ its and their general skills,know- how,and expertise,and to use,disclose,and employ any ideas concepts,know-how,methods,techniques, or skills gained or learned during the course of any assignment,so long as it or they acquire and apply such information without disclosure of any confidential or proprietary information of Client which has been so designated by Client, and is not available in the public domain. i • De�nitions. "Deliverables" shall mean all services,software and hardware to be delivered and installed for or on behalf of Client. The De(iverables will include products available to the general public as well as products and systems designed by EPIC. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Missouri and shall be deemed executed and entered into in the State of Missouri regardless of where last signed. The parties consent to personal jurisdiction and venue of any dispute arising pursuant to this Agreement in the State Courts of the City or County of St. Louis, Missouri. Summary of Purpose-This work order will provide for design,development,and implementation of a multi-station supervisory control and data acquisition(SCADA)system for the wastewater treatment operations of the City and level monitoring of Cape LaCroix Creek. This work will include engineering design,software engineering,system fabrication,system installation, system start-up, operator and maintenance training, and electrical and software documentation. Scope of Services-To be provided by EPIC Systems, Inc. A. Design Engineering 1.) Meet with City staff to define scope and detailed requirements of system 2.) Investigate any new technologies needed for application 3.) Execute radio study for radio telemetry(frequency,power,antenna studies) 4.) Develop Project Specification Package 5.) Develop ACAD Drawings of Panel Designs and Wiring diagrams 6.) Develop Sketches of Operator interface screens 7.) Present Specification Package and estimated cost of implementation 8.) Approval from City prior to proceeding to fabricate and install B. System Programming and Simulation 1.) Develop Programmable controller Ladder Logic Programming 2.) Develop Operator Interface screens 3.) Review Logic and Operator Interface Screens with City staff(Design review) 4.) Develop radio communications programming C. System Fabrication and Installation 1.) Fabricate RTU's(Remote Terminal Units)to Design Specification package 2.) Fabricate Master RTU and Computer system to the above Design Specification package 3.) Burn-in testing of all electrical components greater than 72 hours 4.) Install RTU's according to Design Specification 5.) EPIC Systems will be responsible for coordinating, supervising, and warranting all Fabrication and Installation labor D. System Startup and Operator Training 1.) Assemble Documentation package with Operator Training Manual 2.) Start-up and System Commissioning,Qualification,Verification. 3.) Obtain City approval and acceptance on installed system based on Design Specification 4.) Warranty equipment and software for one(1)year from the date of acceptance. 5.) Technical support, including site visits if necessary,will be included in the cost of equipment,fabrication,and installation Y t ' D. Component Listing Qty. Description 1 Master Computer System to be installed in the Wastewater Treatment Plant. Master Computer System per engineering specification RS View MMI Software Development/Runtime System Pentium Computer/monitor/printer Master RTU Radio System Radio Repeater installed at Water Tower Software developed for 17 RTU sites PC Anywhere Remote Software TERMINAL STRIP 1492-HM1 FUSE TERMINALS 1492-H4 Lighting Arrestor AA162 24v POWER SUPPLY AA174 2 PLUG SURGE PROTECTOR ISOBAR 2-6 ENCLOSU RE C-242406 110V Transformer 0.5KVA Radio Modem 192C Antenna Omni-directional 2"Wire Way (white) 2X2 High density slotted 2" Cover(white) 2" 1" Wire Way (white) 1x2 High density slotted 1" Cover(white) 1" Ups SMT280B (52F696) Qty. DesCription 1 Wastewater Remote Terminal Unit(RTU). RTU System per engineering specification Fiberglass NEMA 4X Enclosure Allen-Bradley PLC MicroLogix Controller Remote RTU Radio System 4 Analog Inputs/ 1 Analog Output 16 Digital Input/Outputs PC Anywhere Remote Software TERMINAL STRIP 1492-HM1 FUSE TERMINALS 1492-H4 Lighting Arrestor AA162 24v POWER SUPPLY AA174 2 PLUG SURGE PROTECTOR ISOBAR 2-6 ENCLOSURE C-242406 110V Transformer 0.5KVA Radio Modem 192C Antenna Omni-directional 2"Wire Way (white) 2X2 High density slotted 2" Cover(white) 2" 1" Wire Way (white) 1x2 High density slotted 1" Cover(white) 1" Ups SMT280B (52F696) Entry alarm magnetic switch PLC RS-232 Cable , . D. Creek Level Monitoring Study The study will consist of developing a engineering standard for the creek level monitoring system to be used by the Police,Fire and other City Officials. The system wil(be designed to integrated with the new Wastewater Treatment SCADA system for 24 hour monitoring of the remote level sensing devices. The intent is to develop a system that can be accessible on the city computer network and possibly via the internet on the city's home page. We will work with the City's computer network administrator to develop the operator interface options. E. Creek Level RTU Remote creek level sensing station to be installed and integrated into the new WWTP SCADA system. This does not include any mechanical assembly or mounting of ultrasonic sensor(i.e. still well or bridge mounting assembly). The mechanical assembly or stil(well will be the responsibility of the City of Cape Girardeau, Missouri. Qtv Description 1 Creek Level Remote Terminal Unit(RTU). RTU System per engineering specification Fiberglass NEMA 4X Enclosure Allen-Bradley PLC MicroLogix Controller Remote RTU Radio System 4 Analog Inputs/ 1 Analog Output 16 Digital Input/Outputs PC Anywhere Remote Software Ultrasonic Drexelbrook continuous level transmitter TERMINAL STRIP 1492-HM1 FUSE TERMINALS 1492-H4 Lighting Arrestor AA162 24v POWER SUPPLY AA174 2 PLUG SURGE PROTECTOR ISOBAR 2.-6 ENCLOSURE C-242406 110V Transformer 0.5KVA Radio Modem 192C Antenna Omni-directional 2"Wire Way (white) 2X2 High density slotted 2" Cover(white) 2�� 1" Wire Way (white) 1x2 High density slotted 1" Cover(white) �� Ups SMT2806 (52F696) Entry alarm magnetic switch PLC RS-232 Cable Client Responsibilities-City of Cape Girardeau will be responsible for providing reasonable access to all remote pump stations,main wastewater plant and associated equipment. City of Cape Girardeau will provide employees to assist as required to review operational issues as they relate to the clients' application software. Personnel-EPIC will provide qualified consultants,engineers,programmers and electricians for the wark described above. EPIC will utilize ECI(Electrical Contractors Inc.),of Cape Girardeau, for the installation of hardware equipment. Pricing-The work will be billed on a Time and Material basis. Cost per hour of EPIC consultants are as follows: • Engineering- ($65.00)per hour • Electrician- ($35.00)per hour Payment Schedule-Monthly invoicing based on hours and material expenses received. Material cost will be accompanied with packing list and receive tickets. Time sheets will be included with each invoice. Terms are net 10 days with a 5%retainage being held on all invoices. The retainage will be released upon completion of the deliverables of each item listed under Scope of Services provided by EPIC System, Inc. ITEM A.) PRICE: Design phase engineering costs. The following amount is for engineering costs associated with the design phase of the project. The deliverables for this portion of the project are described under Scope of Services item A., Design Engineering. Completed July 1,1998 ITEMS B.),C.),D.)and E.) PRICE: Master and RTU System 1 Master Computer System $41,700.00 3 RTU $38,220.00 **** Discount - $ 4,500.00 TOTAL$75,420.00 **** note: 3 or more RTU units get a discount of$1,500.00 per RTU ITEMS F.)PRICE: Engineering Study to determine interface options for the Creek Level monitoring system Engineering Study: $4,500.00 ITEMS G.)PRICE: The following is a cost of one(1)remote creek level sensing station to be installed and integrated into the new WWTP SCADA system with city of Cape computer network. This does not include any mechanical assembly or mounting of ultrasonic sensor(i.e. still well or bridge mounting assembly). Creek Level RTU $ 14,950.00 Executed by the Engineer this _day of , 1998 Executed by the City this J�il-�'Iday of /�(�/. , 1998 �,.r � FOR: C' y of Cape Girardeau City FOR: EPIC Systems,Inc. i BY: BY: � �!' % , Michael G. Miller,City Manager Matthew u' , President 4 ATTEST: ATTEST: .L z�-� r.�,t�-__�---_— ayle Conrad,City Clerk James Ow Engineer �