06-212 Resolution No.06-212
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
MWH SOFT, INC. FOR INTEGRATION OF A SOFTWARE UPGRADE
TO THE CITY'S GIS DATABASE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with MWH Soft,Inc. for integration
of a software upgrade to the city's GIS database, a copy of which is attached hereto and made a part
hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: September 13, 2006
Adopted: September 13, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
Data Configuration Services and
Water modeling software upgrade Agreement
THIS AGREEMENT is hereby made and entered into this 1g day of
/11/41U51- , 2006, by and between the CITY OF ELGIN, an
Illinois municipal corporation (hereinafter referred to as
"CITY") and MWH Soft, Inc, a California Corporation (hereinafter
referred to as "CONSULTANT") .
WHEREAS, the CITY desires to engage the CONSULTANT to furnish
certain professional consulting services in connection with
CITY' s Data Configuration Services and water modeling software
upgrade (hereinafter referred to as the "PROJECT") ; and
WHEREAS, the CONSULTANT represents that it is in compliance with
Illinois Statutes relating to business registration and has the
necessary expertise and experience to furnish such services upon
the terms and conditions set forth herein below.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby
mutually acknowledged, it is hereby agreed between the parties
hereto that the CITY hereby retains the CONSULTANT to act for
and represent CITY in all Consulting matters involved in the
PROJECT, subject to the following terms, conditions and
stipulations :
I. SCOPE OF SERVICES
CONSULTANT shall perform the Services described in
CONSULTANT' s Quote Number 02349/0 dated 5/27/06 referred to
as Attachment A, which is attached hereto and incorporated
herein by reference as part of this Agreement. No
supplemental services shall be performed by the CONSULTANT
nor shall the CITY be liable for the payment of any such
supplemental services unless and until such supplemental
services are authorized in advance in writing by the CITY.
II . WORK PRODUCTS
All work products prepared by the CONSULTANT pursuant
hereto including, but not limited to reports, designs,
calculations, work drawings, studies, photographs, models
and recommendations shall be the property of the CITY when
CONSULTANT has been compensated for services rendered and
City of Elgin,Illinois
MWH Soft Agreement. A-1
shall be delivered to the CITY upon request of the DIRECTOR
provided, however, that the CONSULTANT may retain copies of
such work products for its records and shall have the
unrestricted right to their use. Such work products are
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 CONSULTANT.
Notwithstanding the above, CONSULTANT shall retain its
rights in its standard drawing details, designs,
specifications, databases, computer software and any other
proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the
services shall remain the property of the CONSULTANT.
CONSULTANT may reasonable rely on any data provided by CITY
in terms of accuracy and correctness .
III . PAYMENTS TO THE CONSULTANT
A. The CITY shall pay the CONSULTANT for its services under
this Agreement a lump sum fee of Fourteen Thousand, Twenty
Dollars ($14, 020) regardless of the actual costs incurred
by the CONSULTANT unless modifications to the scope of the
work are authorized in writing by the CITY.
B. The CITY shall make periodic payments to the CONSULTANT
based upon actual progress within 30 days after receipt and
approval of invoice. Said periodic payments for each task
shall not be made until the task is completed and accepted
by the CITY.
D. Schedule of the Work
CONSULTANT shall perform all services provided for herein
by December 20, 2006 .
IV. INVOICES
A. The CONSULTANT shall submit invoices in a format
approved by the CITY. Progress reports shall be included
with all payment requests .
B. The CONSULTANT shall maintain records showing actual
time devoted and cost incurred. The CONSULTANT shall
permit an authorized representative of the CITY to inspect
and audit all data and records of the CONSULTANT for work
done under this Agreement . The CONSULTANT shall make such
City of Elgin,Illinois
MWH Soft Agreement. A-2
records available at reasonable times during the Agreement
period, and for three years after termination of this
Agreement.
V. 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 CONSULTANT. In the event that
this Agreement is so terminated, the CONSULTANT shall be
paid for services actually performed and reimbursable
expenses actually incurred prior to termination, except
that reimbursement shall not exceed the total amounts set
forth under paragraph III or IV above, whichever is less .
VI . TERM
Unless terminated for cause or pursuant to Article V
herein, this Agreement shall terminate on the date CITY
determines in writing that all of CONSULTANT' S work
pursuant to this Agreement is finally completed and
accepted. A determination of completion and acceptance
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 this Agreement.
VII . NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for additional
compensation as a result of action taken by the CITY, the
CONSULTANT shall give written notice of its claim within
fifteen (15) days after occurrence of such action. No
claim for additional compensation shall be valid unless
such notice is so provided. Any changes in the
CONSULTANT' S fee shall be valid only to the extent that
such changes are agreed to and signed in writing by the
CITY and the CONSULTANT. Regardless of the decision of the
CITY relative to a claim submitted by the CONSULTANT, all
work required under this Agreement as determined by the
CITY shall proceed without interruption.
VIII . BREACH OF CONTRACT
All of the terms and provisions of this agreement are
material . If either party violates or breaches any term of
this Agreement, such violation or breach shall be deemed to
City of Elgin,Illinois
MWH Soft Agreement. A-3
constitute a default, and the non-breaching party shall
have the right to seek such administrative, contractual or
legal remedies as may be suitable to the violation or
breach. If either party, by reason of any default, fails
within fifteen (15) days after written notice thereof by
non-breaching party to comply with the conditions of the
Agreement, the non-breaching party may terminate this
Agreement.
IX. INDEMNIFICATION
To the fullest extend permitted by law, CONSULTANT 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 worker' s compensation claims, to the
extent caused by the negligent actions or omissions of the
CONSULTANT in connection herewith, including negligence or
omissions of employees or agents of the CONSULTANT arising
out of the performance of this Agreement . The provisions
of this paragraph shall survive any termination and/or
expiration of this Agreement.
X. 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.
XI . INSURANCE
A. Commercial Liability. The CONSULTANT shall provide,
pay for and maintain in effect, during the term of this
Agreement, a policy of commercial general liability
insurance with limits of at least $1, 000, 000 aggregate for
bodily injury and $1, 000, 000 aggregate for property damage.
The CONSULTANT shall deliver to the CITY a Certificate of
Insurance including the CITY as additional insured. Such
policy shall not be modified or terminated without thirty
(30) days prior written notice to the CITY.
Such certificate of insurance shall include, but shall not
be limited to, coverage for all ,contractual obligations
City of Elgin,Illinois
MWH Soft Agreement. A-4
assumed by the CONSULTANT, including but not limited to,
those obligations assumed pursuant to Article IX herein,
entitled "Indemnification" .
This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs
afforded to the CITY for claims arising from the negligence
of the CONSULTANT. There shall be no endorsement or
modifications of this insurance to make it excess over
other available insurance; alternatively, if the insurance
states that it is excess or prorata, it shall be endorsed
to be primary with respect to the CITY.
B. Business Automobile Liability. CONSULTANT shall
maintain Business 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. CONSULTANT' S
requirements for insurance coverage for 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 CONSULTANT shall carry
CONSULTANT' s 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 claim/$3, 000, 000 aggregate. A Certificate of Insurance
shall be submitted to the CITY as evidence of insurance
protection. The policy shall not be modified or terminated
without thirty (30) days prior written notice to the
DIRECTOR.
XII . 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,
or 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
City of Elgin,Illinois
MWH Soft Agreement. A-5
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 this Agreement by the
CITY.
XIII . 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.
XIV. DELEGATION AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be
subject to all the terms, conditions and other provisions
of this Agreement and the CONSULTANT shall remain liable to
the CITY with respect to each and every item, condition and
other provision hereof to the same extent that the
CONSULTANT 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 .
It is understood and agreed that nothing herein contained
is intended or shall be construed to, in any respect,
create or establish the relationship of co-partners, joint
venture or employment between the CITY and the CONSULTANT,
or as constituting the CONSULTANT as a general
representative or general agent of the CITY for any purpose
whatsoever.
XVI . SEVERABILITY
The terms of this agreement shall be severable. 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
City of Elgin,Illinois
MWH Soft Agreement. A-6
or otherwise unenforceable for any reason, all other
portions of this Agreement shall remain in full force and
effect.
XVII . 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.
XVIII MODIFICATION OR AMENDMENT
This Agreement and its attachments constitute the sole and
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.
XIX. 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 enforcement of any rights and
the resolution of any and all disputes shall be in the
Circuit Court of Kane County, Illinois .
XX. NEWS RELEASES
The CONSULTANT may not issue any news releases without
prior written approval from the CITY, nor may the
CONSULTANT make public any reports or documents developed
under this Agreement without prior written approval from
the CITY prior to said documentation becoming matters of
public record.
XXI . COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants
in the CITY' S employ or any work associated with the
PROJECT.
City of Elgin,Illinois
MWH Soft Agreement. A-7
XXII . INTERFERENCE WITH PUBLIC CONTRACTING: P.A 85-1295
The CONSULTANT certifies hereby that it is not barred from
bidding on this contract as a result of violations of
either Section 33E-3 or Section 33E-4 of the Illinois
Criminal Code.
XXIII . SEXUAL HARASSMENT
As a condition of this contract, the CONSULTANT shall have
a written sexual harassment policy that includes, at a
minimum, the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under state and
federal 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 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 Human Rights Act.
A Copy of such policy must be provided to the Department of
Human Rights upon request . P.A.87-1257 .
XXIV. PREVAILING WAGE/PAYMENT OF TAXES.
The CONSULTANT shall comply with the requirements of the
Prevailing Wage Act (820 ILCS 130/0 . 01 et seq. ) . The
CONSULTANT certifies it is not delinquent in the payment of
any tax administered by the Illinois Department of Revenue
unless there is a pending proceeding contesting the tax.
XXV. WRITTEN COMMUNICATIONS
All recommendations and other communications by CONSULTANT
to the CITY and other participants which may affect cost or
time of completion shall be made or confirmed in writing.
City of Elgin,Illinois
MWH Soft Agreement. A-8
The CITY may also require other recommendations and
communications by the CONSULTANT be made or confirmed in
writing.
XXVI 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 System Superintendent
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to CONSULTANT
Erick Heath
MWH Soft, Inc.
300 North Lake Avenue, Suite 1200
Pasadena, CA 91101
XXVII STANDARD OF CARE FOR PROFESSIONAL SERVICES
In performing the services described in this Agreement,
CONSULTANT will exercise the degree of care and skill
ordinarily exercised by reputable companies performing the
same or similar services in the same geographic area.
XXVIII FORCE MAJEURE
CONSULTANT will not be responsible for any delay or failure
of performance caused by fire or other casualty, labor
dispute, government or military action, transportation
delay, inclement weather, Act of God, act or omission of
the City or its other Contractors, failure of any
government authority to timely review or approve
services or to grant permits or approvals, or any other
cause beyond CONSULTANT' S reasonable control .
City of Elgin,Illinois
MWH Soft Agreement. A-9
IN WITNESS WHEREOF, the undersigned have placed their hands
and seal upon and executed this Agreement in triplicate as
though each copy hereof was an original and that there are no
other oral agreements that have not been reduced to writing in
this statement .
For CITY:
ATTEST: CITY OF ELGIN
440-0!
B
By - BY � _—
City Clerk its Manage
For the CONSULTANT:
Dated this (O day of /11 l t13 I , A.D. 2006
WITNESSED:
By �� L� ��/�"1 f�l By
(Print name) (Print Name)
r %
Officer Title V ( ,r-GA&L t' (SEAL)
City of Elgin,Illinois
MWH Soft Agreement. A-10
(1, ) ) MWH Soft
MWH Soft,Inc.
175 West Jackson Blvd
Suite 1900
Chicago,IL 60604
Mr.Peter Bityou
City of Elgin Water Department
150 Dexter Court
Elgin,IL 60120
RE: Elgin InfoWater Model Configuration Services
Dear Mr.Bityou:
MWH Soft will perform the following services for the City of Elgin Water Department(Elgin).The intent of this
service is to compile existing GIS data into a working hydraulic water distribution system model.It is assumed that
some data will be missing and/or incorrect and these instances will be brought to the attention of Elgin for review
and/or correction.MWH Soft will prepare a Technical Memorandum for review by Elgin and depending on Elgin's
desire,MWH Soft will either(1)update the model with corrected information provided by Elgin or proceed with
assumed data(marked as such)so that the final deliverable will include a running,non-calibrated,hydraulic model.
• Import Elgin GIS Water layers into InfoWater excluding the individual service lines. The model will
include water supplies,control valves,storage tanks,reservoirs,pumps,and pipes.It is understood that
Elgin will provide the necessary data using ArcMap compatible file structures.
• Ground elevation information will be input for each junction based on ArcMap-based DEM or contour files
as supplied by Elgin.
• Infrastructure elements will have pressure zone information assigned based on the pipe layer
"PRES_ZONE"field.
• A Technical Memorandum(TM)will be provided identifying critical missing information.This will
include a copy of the InfoWater model as built at that stage including ArcView Bookmarks for convenient
viewing and identification of the data in question.
• The TM will include documentation of assumptions made to the original GIS data necessary for hydraulic
model creation.
• Elgin will have an opportunity to update their GIS to include missing or invalid information as indicated in
the TM.This will allow Elgin to resolve any discrepancies and clarify initial assumptions.Please note that
only a single round of review has been budgeted.
• GIS Gateway Clusters will be configured within InfoWater to facilitate the updating of the water model and
GIS based asset data.
• MWH Soft agrees to timely delivery of the InfoWater model within 4 weeks of receiving the final corrected
data from Elgin.
lMAWH Soft,Inc. Quote
300 North Lake Avenue,Suite 1200 Quote/Revision Number: 0234910
Pasadena,CA 91101 Date: 08/21/2006
(626)568-6868 Fax(626)568-6870 Expiration Date: 09/2I/2006
Bill To: Peter Bityou Ship To: Peter Bityou
City of Elgin Water Department City of Elgin Water Department
150 Dexter Court 150 Dexter Court
Elgin,IL 60120 Elgin,IL 60120
Tel: (847)931-6159 Tel: (847)931-6159
Fax: (847)931-6152 Fax: (847)931-6152
E-Mail: bityou_p @cityofelgin.org E-Mail:bityou_p@cityofelgin.org
End User Organization: Elgin,City of End User Contact: Peter Bityou
Hi Peter:
Please sign,date,write"OK to Bill"on this quote,and then fax to 626-568-6870. With this we can process,ship and bill.We
should discuss the training options in more detail.Please feel free to contact me with any questions or concerns.
Thanks-
Killian Tobin,PE
312-831-3132
QTY I DESCRIPTION I UNIT PRICE AMOUNT
Data Configuration Services $5,000.00 $5,000.00
Please see attached letter proposal for a detailed description of Data
Configuration Services
1 InfoWater Suite 3.0 Floating Upgrade(Unlimited Links) $11,000.00 $9,000.00
Floating and Link Upgrade from InfoWater Suite 3.0(2,000 links)to
InfoWater Suite 3.0 Floating(Unlimited Links)
Platinum Maintenance Service Plan(MSP)is current thru 10/7/2006
$2,000 discount per Erick Heath valid only on entire quote and purchase
must be approved by 6/30/2005
Future years of Platinum MSP will be$3,000/license/year
Replaces Serial#: IWR30S02001-0000091
THANK YOU FOR YOUR BUSINESS!
If you have any questions regarding this quote,call(626)568-6868
Shipping is FedEx 2nd Day. SUBTOTAL $14,000.00
All Prices are in US Dollars CA Sales Tax: $0.00
Shipping: $20.00
Make all checks payable in U.S.dollars to: MWH Soft,Inc. Total: $14,020.00
FEIN: 95-4568279
Please remit a copy of this invoice with your payment.
To pay by VISA/MC call(626)568-6868.
Note: Please see our website at http://www.mwhsoft.com/page/pjrice/subscribe.htm for descriptions of our Annual Subscription Programs.
THANK YOU FOR YOUR BUSINESS!
If you have any questions regarding this quote,call(626)568-6868
SOFTWARE MAINTENANCE AGREEMENT
INFOWATER SUITE—PLATINUM MAINTENANCE
IMPORTANT — READ THE FOLLOWING SOFTWARE MAINTENANCE AGREEMENT
BEFORE USING THE ENCLOSED SOFTWARE.
This is a legal agreement between you COMPANY NAME (either an individual or an entity)
and MWH Soft, Inc. ("MWH Soft"). By using the enclosed software, you are accepting and
agreeing to be bound by all of the following terms and conditions of this Agreement. If you do
not agree with these terms and conditions, promptly return the unused software and
accompanying written materials and packaging to MWH Soft and you will receive a full refund.
This Agreement, dated DATE,relates to the provision of software maintenance services for the 1
INFOWATER Suite license(s) issued to you, bearing the following serial number(s): SERIAL
NUMBER(the"Licensed Software").
1. Software Updates and Maintenance. MWH Soft will support, maintain, update, and upgrade
the Licensed Software for the maintenance period. During that period, MWH Soft will
correct any functions in the Licensed Software which fail to perform as specified in the
supporting documentation and any malfunctions in the Licensed Software caused by
incorrect coding or programming. Software updates/upgrades to the Licensed Software
issued by MWH Soft also may include enhancements or new features. These services will
apply only to the unmodified Licensed Software and to updates/upgrades distributed by
MWH Soft.
2. Software Support. You may call MWH Soft user support at (626) 568-6869 weekdays
during the business hours of 8:00 a.m. to 5:00 p.m. Pacific Time. MWH Soft support staff
will be available to assist in answering your questions regarding the operations of the
Licensed Software within a reasonable time.
3. Term. This Agreement shall begin on the date noted above and will continue for an initial
twelve (12) month term, provided that the term of this Agreement shall automatically renew
for successive periods of twelve (12) calendar months each until terminated in accordance
with the provisions of this Agreement.
4. Cancellation. Either party may elect not to automatically renew this Agreement by providing
the other party a written notification of cancellation at least sixty (60) days prior to the end of
the term.
5. Service Fees. MWH Soft provides Annual Maintenance for twelve (12) calendar months
from the date of this agreement at no additional charge to you. Thereafter, you agree to pay
MWH Soft in full the Annual Maintenance Fee of X US dollars ($X.00) each year on the
anniversary date of this Agreement. MWH Soft reserves the right to change the Annual
Maintenance Fee, provided that: (i) any such change in the fee shall not take effect until the
commencement of the next 12-month renewal term, and (ii) there will be no more than one
change in the Annual Maintenance Fee in any 12-month period.
6. Late Payment. If you fail to pay the Annual Maintenance Fee when due, this Agreement
will automatically terminate within seven (7) days without written notice. Failure to make
payment will also result in you receiving no maintenance and support services as described
herein, including but not limited to, the activation or reactivation of the software in
connection with its transfer to another computer or server.
7. Training. No software training is provided under this Agreement.
8. Rights in Software. You acknowledge that MWH Soft owns all proprietary rights, including
patent, copyright, trademark, trade secret and other proprietary rights, in and to the Licensed
Software and in and to any corrections, bug fixes, enhancements, updates or other
modifications, including custom modifications, to the Licensed Software. The provision of
any corrections, bug fixes, enhancements, updates or other modifications, including custom
modifications, to the Licensed Software shall be subject to all of the terms and conditions of
the Software License Agreement relating to the Licensed Software.
9. Proprietary Information. You agree that the Licensed Software, and all MWH Soft
information associated with the Licensed Software, is proprietary to MWH Soft and is and
shall remain at all times the property of MWH Soft. You agree that you shall keep
confidential the Licensed Software and all associated information, and shall prevent its
disclosure to any unauthorized person, institution, government agency, firm or enterprise.
You further agree that your obligations of confidentiality described in this section are
binding in perpetuity and survive the termination of this Agreement. At your request,MWH
Soft will agree to keep confidential any data files you send to MWH Soft.
10. Limitation of Liability. Under no circumstances shall MWH Soft be liable for any,
incidental, special, or consequential damages of any kind (including, but not limited to,
damages for loss of business profits, business interruption, loss of business information, or
other pecuniary loss) arising out of the use or inability to use the Licensed Software, even if
MWH Soft has been advised of the possibility of such damages.
11. Governing Law. The laws of the State of Illinois and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution, and enforcement of this Agreement.
12. U.S. Government Restricted Rights. The Licensed Software (including any updates) and
accompanying written materials are provided with Restricted Rights. Use, duplication, or
disclosure by the United States Government is subject to restrictions as set forth in
subparagraph (c) (1) (ii) of the Rights on Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer
Software - Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is
MWH Soft, Inc. at 300 North Lake Avenue, Suite 1200, Pasadena, California 91101.
Complete Agreement. This Agreement constitutes the entire agreement between you and MWH
Soft concerning maintenance of the Licensed Software and supersedes all prior or
contemporaneous understandings or agreements, written or oral, concerning that subject matter.
This Agreement may not be amended except by a writing signed by an authorized representative
of MWH Soft.
•
°
�� of E`� Agenda Item No.
')4 City of Elgin
ate `
a,, / y i
t
June 9, 2006
Mr,
TO: Mayor and Members of the City Council \J)
VI,C7'J,c?RI.Not■'Cc
FROM: Olufemi Folarin, City Manager
Kyla B. Jacobsen, Water Syste Superintendent
SUBJECT: Software and Professional Services—InfoWater Hydraulic Modeling Software
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to award a sole source contract to MWH Soft, Inc. for a software upgrade to existing
software that the City owns which was developed by MWH Soft, Inc. and professional services
associated with integrating the upgraded software with the City's existing GIS database.
dook
RECOMMENDATION
It is recommended that the City Council approve the purchase of a software upgrade for $9,020
and award a professional services contract for $5,000 for a total contract amount of$14,020 to
MWH Soft, Inc.
BACKGROUND
The Environmental Protection Agency (EPA) is implementing a new regulation titled Stage 2 of
the Disinfection/Disinfection By-Product (D/DBP) Rule. The City of Elgin is required to submit
a compliance strategy to the EPA by October 2006 in accordance with the regulation. In order to
implement this regulation, the Water Department is requesting the purchase of updated modeling
software from MWH Soft, Inc.
As part of the Comprehensive Water Master Plan, completed in March 2005, the Water
Department purchased a version of MWH Soft, Inc. hydraulic water distribution system
modeling software, InfoWater. This software was an integral component of the visioning that
was used to put the Master Plan together. However, the version of the software that was
purchased at that time was limited in the amount of data that it would serve. MWH Soft, Inc. can
now provide the upgrade needed for the City to comply with the EPA mandated Stage 2 D/DBP
Rule at a total cost of$14,020. The quotation from MWH Soft, Inc. is attached showing the total
401.k cost.
p.
Software and Professional Services—InfoWater Hydraulic Modeling Software
June 9, 2006
Page 2
The costlier option to comply with the Stage 2/DDBP rule would be to perform system-wide
testing, system monitoring protocol (SMP). The testing would be required on a bi-monthly basis
for twelve (12) consecutive months for a cost of$21,600.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
Ilt_FINANCIAL IMPACT
There are sufficient funds budgeted ($365,824) and available ($119,992) in the Water Operating
Fund, account number 401-4002-771.30-03; "Professional Services, Architectural and
Engineering,"to enter into this contract with MWH Soft, Inc. in the amount of$14,020.
LEGAL IMPACT
\J4JI \4he proposed agreement must be submitted to the Legal Department for review.
ALTERNATIVES
1. Award a sole source contract to furnish and integrate InfoWater software from MWH
Soft, Inc.
2. Do not award a sole source contract to furnish and integrate InfoWater software from
MWH Soft, Inc.
Respectfully submitted for Council consideration.
KBJ
Attachment
,I Quote
300 North Lake Avenue,Suite 1200
Pasadena,CA 91101 Quote/Revision Number: 02349/0
(626)568-6868 Fax(626)568-6870 Date: 05/27/2006
Expiration Date: 06/30/2006
Bill To: Peter Bityou Ship To: Peter Bityou
City of Elgin Water Department City of Elgin Water Department
150 Dexter Court 150 Dexter Court
Elgin,IL 60120 Elgin,IL 60120
Tel: (847)931-6159 Tel: (847)931-6159
Fax: (847)931-6152 Fax: (847)931-6152
E-Mail: bityou_p @cityofelgin.org E-Mail:bityou_p @cityofelgin.org
End User Organization: Elgin,City of End User Contact: Peter Bityou
Hi Peter:
Please sign,date,write"OK to Bill"on this quote,and then fax to 626-568-6870.With this we can process,ship and bill.We
should discuss the training options in more detail.Please feel free to contact me with any questions or concerns.
Thanks-
±► Killian Tobin,PE
312-831-3132
j QTY I DESCRIPTION ! UNIT PRICE AMOUNT
1- Data Configuration Services $5,000.00 $5,000.00
Please see attached letter proposal for a detailed description of Data
Configuration Services
1 InfoWater Suite 3.0 Floating Upgrade(Unlimited Links) $11,000.00 $9,000.00
Floating and Link Upgrade from InfoWater Suite 3.0(2,000 links)to
InfoWater Suite 3.0 Floating(Unlimited Links)
Platinum Maintenance Service Plan(MSP)is current thru 10/7/2006
$2,000 discount per Erick Heath valid only on entire quote and purchase
must be approved by 6/30/2005
Future years of Platinum MSP will be$3,000/license/year
Replaces Serial#: IWR30S02001-0000091
• THANK YOU FOR YOUR BUSINESS!
If you have any questions regarding this quote,call(626)568-6868
Shipping is FedEx 2nd Day. SUBTOTAL $14,000.00
All Prices are in US Dollars CA Sales Tax: $0.00
Shipping: $20.00
Make all checks payable in U.S.dollars to:MWH Soft,Inc. Total: $14,020.00
FEIN: 95-4568279
Please remit a copy of this invoice with your payment.
To pay by VISA/MC call(626)568-6868.
Note: Please see our website at http://www.mwhsoft.com/page/p_price/subscribe.htm for descriptions of our Annual Subscription Programs.
4104
THANK YOU FOR YOUR BUSINESS!
If you have any questions regarding this quote,call(626)568-6868