HomeMy WebLinkAbout15-83 Resolution No. 15-83
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
B&W CONTROL SYSTEM INTEGRATION, LLC
FOR SERVER VIRTUALIZATION IN CONNECTION
WITH THE RIVERSIDE SCADA REFRESH PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an agreement on behalf of the City of Elgin with B&W
Control System Integration,LLC for server virtualization in connection with the Riverside SCADA
Refresh Project, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 10, 2015
Adopted: June 10, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 10 day of Jun*2015,by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
B&W Control System Integration, LLC (BWSCI), Crystal Lake, IL (hereinafter referred to as
"ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with Riverside SCADA Refresh (hereinafter referred to as the PROJECT);
and
WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes
relating to professional registration of individuals and has the necessary expertise and experience to
furnish such services upon the terms and conditions set forth herein below.
NOW,THEREFORE,it is hereby agreed by and between the CITY and the ENGINEER that
the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent
it in the engineering matters involved in the PROJECT as described herein,subject to the following
terms and conditions and stipulations, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Director of Water
Department of the CITY, herein after referred to as the "DIRECTOR".
B. This project will provide server virtualization for the City's Water Department.City
IT will provide the licensing for the VMWare virtualization software (purchased
under the State of Illinois Contract). Server Virtualization is a way of running several
servers, each acting independently and appearing as their own device, on the same
server physical hardware.This configuration provides greater flexibility and stability
for less cost and power usage. A solid virtualization infrastructure will increase the
Water Department's resiliency in the event of a server failure.
C. The ENGINEER shall provide the equipment and services described in the
ENGINEER'S proposal dated March 27, 2015, attached hereto and made a part
hereof as Attachment A.
D. The ENGINEER shall be responsible for the quality, technical accuracy, timely
completion, and coordination of all of the equipment and services to be provided
pursuant to this Agreement including all designs, drawings, custom developed
applications and other services furnished or required under this Agreement,and shall
perform such services with the same skill and judgment which can be reasonably
expected from similarly situated professionals.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
B. A detailed project schedule for the Project is included as Attachment B, attached
hereto. Progress will be recorded on the project schedule and submitted monthly as a
component of the Status Report described in C below.
C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the
project schedule.A brief narrative will be provided identifying progress,findings and
outstanding issues.
3. WORK PRODUCTS
All work product prepared by the ENGINEER pursuant hereto including,but not limited to,
reports, plans, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of
such work product for its records. ENGINEER'S execution of this Agreement shall
constitute ENGINEER'S conveyance and assignment of all right,title and interest,including
but not limited to any copyright interest, by the ENGINEER to the CITY of all such work
product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the
right either on its own or through such other engineers as determined by the CITY to utilize
and/or amend such work product. Any such amendment to such work product shall be at the
sole risk of the CITY. Such work product is not intended or represented to be suitable for
reuse by the CITY on any extension to the PROJECT or on any other project,and such reuse
shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER.
4. PAYMENTS TO THE ENGINEER(Lump Sum Method)
A. The CITY shall reimburse the ENGINEER for equipment and services to be provided
pursuant to this Agreement a lump sum of 34,030 Dollars,regardless of actual Costs
incurred by the ENGINEER unless substantial modifications to the project are
authorized in writing by the DIRECTOR.
B. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Full payments for each
task shall not be made until the task is completed and accepted by the DIRECTOR.
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports will be included with all payment requests.
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B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER for work done under this
Agreement. The ENGINEER shall make these records available at reasonable times
during the Agreement period, and for a year after termination of this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this
Agreement is so terminated, the ENGINEER shall be paid for services actually performed
and reimbursable expenses actually incurred prior to termination,except that reimbursement
shall not exceed the task amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and,unless terminated for cause or pursuant to Article 5,shall be deemed concluded
on the date the CITY determines that all of the ENGINEER's work under this Agreement is
completed. A determination of completion shall not constitute a waiver of any rights or
claims which the CITY may have or thereafter acquire with respect to any term or provision
of the Agreement.
8. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of action
taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after
occurrence of such action. No claim for additional compensation shall be valid unless so
made. Any changes in the ENGINEER's fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the ENGINEER. Regardless of the
decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work
required under this Agreement as determined by the DIRECTOR shall proceed without
interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party,by reason of any default, fails within fifteen(15)days after
notice thereof by the other party to comply with the conditions of the Agreement,the other
party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the
contrary in this Agreement, with the sole exception of an action to recover the monies the
CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof,no action shall be
commenced by the ENGINEER against the CITY for monetary damages. ENGINEER
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hereby further waives any and all claims or rights to interest on money claimed to be due
pursuant to this Agreement, and waives any and all such rights to interest which it claims it
may otherwise be entitled pursuant to law, including, but not limited to, the Local
Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois
Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any
action by the ENGINEER arising out of this Agreement must be filed within one year of the
date the alleged cause of action arose or the same will be time-barred.The provisions of this
paragraph shall survive any expiration, completion and/or temiination of this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and
hold harmless the CITY,its officers, employees, agents,boards and commissions from and
against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief,
including but not limited to workers compensation claims, in any way resulting from or
arising out of negligent actions or omissions of the ENGINEER in connection herewith,
including negligence or omissions of employees or agents of the ENGINEER arising out of
the performance of this Agreement. In the event of any action against the CITY,its officers,
employees, agents, boards or commissions, covered by the foregoing duty to indemnify,
defend and hold harmless such action shall be defended by legal counsel of the CITY's
choosing. The provisions of this paragraph shall survive any expiration and/or termination of
this Agreement.
11. NO PERSONAL LIABILITY
No official,director, officer, agent or employee of the CITY shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
12. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in
effect,during the term of this Agreement,a policy of comprehensive general liability
insurance with limits of at least $1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming
the CITY as additional insured. The policy shall not be modified or terminated
without thirty(30) days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article 10 entitled "Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
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modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or prorated, it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than$500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty(30)days prior written
notice to the DIRECTOR.
13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race, color, creed,national origin, age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
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15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with
respect to each and every item, condition and other provision hereof to the same extent that
the ENGINEER would have been obligated if it had done the work itself and no assignment,
delegation or subcontract had been made. Any proposed subcontractor shall require the
CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph,phrase, clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement, nor shall they be construed to affect in
any manner the terms and provisions hereof or the interpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified, discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
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enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said documentation
becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result
of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid
rigging.
25. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have written sexual harassment policies
that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human Rights
upon request 775 ILCS 5/2-105.
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26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement,ENGINEER shall have in place a written substance abuse
prevention program which meets or exceeds the program requirements in the Substance
Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy
shall be provided to the City's Assistant City Manager prior to the entry into and execution of
this agreement.
27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR and
to other participants which may affect cost or time of completion,shall be made or confirmed
in writing. The DIRECTOR may also require other recommendations and communications
by the ENGINEER be made or confirmed in writing.
28. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
A. As to CITY:
Kyla Jacobsen
Water Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
Christopher T. Sosnowski, P.E.
President
B&W Control Systems Integration, LLC
8678 Ridgefield Road
Crystal Lake, IL 60012
29. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this Agreement it is expressly agreed and understood
that in connection with the performance of this Agreement that the ENGINEER shall comply with all
applicable Federal, State, City and other requirements of law, including, but not limited to, any
applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal
status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and
warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products
and/or services with respect to this Agreement shall be legal residents of the United States.
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ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and
give all notices necessary and incident to the due and lawful prosecution of the work, and/or the
products and/or services to be provided for in this Agreement. The CITY shall have the right to
audit any records in the possession or control of the ENGINEER to determine ENGINEER'S
compliance with the provisions of this section. In the event the CITY proceeds with such an audit
the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to
the CITY. ENGINEER shall pay any and all costs associated with any such audit.
IN WITNESS WHEREOF,the parties hereto have entered into and executed this Agreement
effective as of the date and year first written above.
FOR THE CITY: FOR THE ENGINEER:
B&W Control Systems Integration
By ,.At_ By: �f
'City Manager / President
Attest:
City Clerk
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ATTACHMENT A
SCOPE OF SERVICES
Equipment-$23,350
Equipment Description
Riverside Physical Server One
• Install one (1) license of VMware Sphere (provided by City IT) as the host virtualization
software.
• Provide the following virtualization-based server:
Item Description
Base Unit Dell PowerEdge R530
Processors Two(2)-Intel®Xeon®E5-2630L v3 1.8GHz,20M
Cache,8.00GT/s QPI,Turbo,HT,8C/16T(55W)Max Mem
1866MHz
Memory Eight(8)16GB(128GB)RDIMM,2133MT/s, Dual Rank,x4
Data Width
Controller PERC H710p Integrated RAID Controller, 1GB NV Cache
Hard Drives Four(4)600GB(1.8TB of storage)15K RPM SAS 6Gbps
2.5in Hot-plug Hard Drive,3.5in HYB CARR
Network On-Board Broadcom 5720 Quad Port 1Gb LOM and On-
Adapters Board Broadcom 5720 Quad Port 1Gb LOM for 8 Network
Ports
Chassis 3.5"Chassis with up to 8 Hot Plug Hard Drives(2.5"drives
are used)
Operating VMWare provided by City
System
Power Dual, Hot-plug, Redundant Power Supply(1+1),750W
Supply
CD/DVD DVD+/-RW,SATA, Internal for 4HD Chassis
Drive
Systems iDRAC8 Enterprise,integrated Dell Remote Access
Management Controller, Enterprise
Hardware ProSupport Plus:3 Year Mission Critical 4Hr On-site
Support Service
Rack Rails ReadyRailsTM Sliding Rails With Cable Management Arm
Airlite Physical Server Two
• Install one (1) license of VMware Sphere (provided by City IT) as the host virtualization
software.
• Provide the following virtualization-based server:
Item Description
Base Unit Dell PowerEdge R530
Processors Two(2)-Intel®Xeon®E5-2630L v3 1.8GHz,20M
Cache,8.00GT/s QPI,Turbo,HT,8C/16T(55W)Max Mem
1866MHz
Memory Eight(8)16GB(128GB)RDIMM,2133MT/s, Dual Rank,x4
Data Width
Controller PERC H710p Integrated RAID Controller,1GB NV Cache
Hard Drives Four(4)600GB(1.8TB of storage) 15K RPM SAS 6Gbps
2.5in Hot-plug Hard Drive,3.5in HYB CARR
Network On-Board Broadcom 5720 Quad Port 1Gb LOM and On-
Adapters Board Broadcom 5720 Quad Port 1Gb LOM for 8 Network
Ports
Chassis 3.5"Chassis with up to 8 Hot Plug Hard Drives(2.5" drives
are used)
Operating VMWare provided by City
System
Power Dual, Hot-plug, Redundant Power Supply(1+1),750W
Supply
CD/DVD DVD+/-RW,SATA, Internal for 4HD Chassis
Drive
Systems iDRAC8 Enterprise, integrated Dell Remote Access
Management Controller, Enterprise
Hardware ProSupport Plus:3 Year Mission Critical 4Hr On-site
Support Service
Rack Rails ReadyRails""Sliding Rails With Cable Management Arm
Labor-$10,680
Project Management
• Plan,schedule,and coordinate the activities that must be performed to complete the project.
• Provide updated Visio network diagram/documentation for City.
• Create and provide disaster recovery documentation for City.
System Configuration/Installation/Startup
• Configure the new servers in our office such that one will provide the virtualization services to
host three (3)virtual servers and the other server will host one (1) server.
• Install the new SCADA Virtual Servers in the Riverside and Airlite Server Racks, respectively(in
the same locations as the current ones).
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• Apply any compatible firmware upgrades, security patches, and software prerequisites.
• Perform physical to virtual migration of the following servers and import them into their new
virtual environment:
• ELGINCSC1—Riverside SCADA Server
• ELGINSTS1—Remote Desktop Services Server
• ELGINS08—SQL Reporting Services Server
• ELGINCSC3—Airlite SCADA Server
• Verify end-user access to migrated resources.
• BWCSI will remove any existing outdated hardware or software(once new server operation has
been confirmed) and recycle properly (any old hard drives will be wiped prior to recycling).
Assumptions & City Responsibilities
• City accepts that the current iFIX licensing is adequate for the project.
• City has 2U of server rack space in both the Riverside and Airlite server racks with available load
on the existing battery backup and uninterruptible power supply.
• City is responsible to provide four (4) available Ethernet ports on existing switches for new
server.
• City is responsible for providing VMWare licensing.
• The City understands that warranty on materials will be provided strictly by the manufacturer.
No additional labor or materials warranties are provided by BWCSI.
Annual Support
This project will replace hardware for the City, some of which has support or maintenance
associated with it. BWCSI recommends the City maintain any applicable support agreements once
the initial support/warranty periods expire. On this project, we have included the following
support agreements, that all begin approximately at the date the product is shipped (not
necessarily the date it is onsite) and last for periods varying from one year to three years.
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Following is the recommended support and estimated amounts for annual renewals (this is
provided solely for budgetary purposes and will need to be quoted at the time of renewal):
Hardware Support
Time Period Included in Estimated Annual
Description Contract Renewal Cost
. . ...._......... . ..........
Dell PowerEdge R530 Physical Servers (2) Three years $3,000
Manufacturer standard warranty on all other hardware
Fee
Our fee for the above scope is a lump sum of$34,030.
This fee is valid for 90 days from the date of this proposal.
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ATTACHMENT B
PROJECT SCHEDULE
Elgin SCADA Server Hardware Replacement schedule
Deliverable Completion Date Notes
Order hardware and Receive
Server Hardware 6/26/2015
City to Provide Software
Licensing 6/26/2015
Prep and Configure Server
Hardware 7/17/2015
Install new server hardware
After installation project should consider
onsite 7/24/2015 to be at 50%complete.
Perform Server Migration 7/24/2015
Project Closeout Meeting 8/7/2014