HomeMy WebLinkAboutPR 22545: EDC, 501 PROCTER STREET, REPLACEMENT OF THE BUILDING AUTOMATION SERVER P�OpR1*ARTH,LiR
INTEROFFICE MEMORANDUAM
Date: May 12, 2022
To: PAEDC Board of Directors
From: Krystle Muller
•
RE: P.R. 22545—A resolution authorizing the City of Port Arthur Section 4A
Economic Development Corporation to execute a quote from Team Solutions, Inc.
for the replacement of the building automation server at 501 Procter Street for an
amount not to exceed $5,650.00; Funds available in EDC Account No.: 120-80-
625-5312-00-00-000
Introduction:
The intent of this Agenda Item is to seek City Council's approval for the Port Arthur EDC to
engage the services of Team Solutions, Inc. to replace the building automation server at 501
Procter Street.
Background:
Team Solutions, Inc. maintains the automation of the HVAC System at 501 Procter Street. It has
been found and recommended that there is a need to replace, restore and update the software and
license for the server for the HVAC System at 501 Procter Street in an amount not to exceed
$5,650.00.
Budget Impact:
The budget impact of this item is $5,650.00, funds available in EDC Account No. 120-80-625-
5312-00-00-000.
Recommendation:
It is recommended that City Council approve engaging the services of Team Solutions, Inc. to
replace the building automation server for the HVAC System at 501 Procter Street.
P.R. No. 22545
5/6/2022 KVM
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO EXECUTE AN AGREEMENT WITH
TEAM SOLUTIONS, INC. FOR THE REPLACEMENT OF
THE BUILDING AUTOMATION SERVER AT 501
PROCTER FOR AN AMOUNT NOT TO EXCEED $5,650.00;
STREET; FUNDS AVAILABLE IN EDC ACCOUNT NO.:
120-80-625-5312-00-00-000
WHEREAS, Team Solutions, Inc. of Beaumont, Texas provides the server for the
building automation system at 501 Procter Street; and
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
(the "PAEDC") is in need of replacing the outdated enteliWEB automation server to allow the
system to operate efficiently; and
WHEREAS, Team Solutions, Inc. proposes to replace the enteliWEB server with the
Delta Controls Building Management System (BMS) to suffice the upgrades needed to remain
efficient; and
WHEREAS, the PAEDC Board of Directors at their regular Meeting of May 2, 2022,
approved a proposal submitted by Team Solutions, Inc. to replace the Building Automation
Server for an amount of$5,650.00 as described in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the PAEDC is herein authorized to execute a proposal in the amount of
$5,650.00 for Team Solutions, Inc. to replace the building automation server at 501 Procter
Street.
Section 3. That a copy of the caption of this Resolution be spread upon the minutes of
the City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2022,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
•
NOES:
THURMAN BARTIE, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED:
JERRY LABOVE, PRESIDENT OF THE PAEDC BOARD OF DIRECTORS
Page
APPROVED AS TO FORM:
RAN G , PAEDC ATTORNEY
APPROVED AS TO FORM:
II i MP
V•" CIA R. TIZENO, CI ' 'ORNEY Y
APPROVED AS TO AVAILABILITY OF FUNDS:
c.A....7.__A____...
KANDY DA L, INTERIM FINAN E DIRECTOR
Page 3
EXHIBIT "A"
NZIk. ..1.• = EXAM
S O L U T I O N S , INC.
Empowering Our Customers to be Successful in Their Mission
Attn:Joanie Collazo Proposal No. HD2340.01
Date: March 9, 2022
Project: Port Arthur Economic Development
501 Procter St#100, Port Arthur,TX 77640
Proposal: T.E.A.M. Solutions, Inc. proposes to replace the enteliWEB Server to the
Delta Controls Building Management System (BMS) as described below.
The following scope of work and services detailed will be provided for the net sum of:
enteliWEB Server: $5,650.00
(No taxes included)
enteliWEB Server:
• Decommission existing enteliWEB Server
• Provide new custom built server.
• Restore and update software and license for enteliWEB.
• Restore existing site graphics and user databases
12 Texas Energy&Automation Management Solutions, Inc. Page 1 of 3
Inclusions:
• General:
o Progress Reports.
• Training
o Additional Operator workstation training is available for your staff at our
training centers. For more details go to http://www.teamsol.net/training
o Delta Controls Online Courses at no additional cost for your staff.
• Warranty:
o Equipment installed by TEAM Solutions will have a guarantee from defects
in workmanship and material under normal use and service for a period of
twelve (12) months from the date of acceptance and/or beneficial use by
the owner.
Exclusions:
• 3rd Party Commissioning
• Weekend or Holiday work.
• Applicable Sales Taxes, Performance, Payment Bonds and Permits.
• Repairs or calibration to existing non-working Peripheral Devices associated with the
control system.
T.E.A.M. Solutions, Inc. is authorized to begin T.E.A.M. Solutions, Inc.
Work on this project as proposed. Houston, Texas
Purchaser Seller: Robert Nowlin
Signature Signature: l'Wtr C J5:,
Title Title: Support Account Executive
Date Date: March 9, 2022
2 Texas Energy &Automation Management Solutions, Inc. Page 2 of 3
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\\ s S O LUTI O N S , INC.
Empowering Our Customers to be Successful in Their Mission
AGREEMENT AND LIMITATIONS:Client accepts these Standard Terms and T.E.AM.SOLUTIONS AND CLIENT MUTUALLY AND EXPRESSLY AGREE TO
Conditions by signing and returning T.EA.M.Solutions'Proposal,by sending a WAIVE ALL CLAIMS AGAINST ONE ANOTHER FOR ANY CONSEQUENTIAL
purchase order in response to Proposal, or Client's instructions to T.E.A.M. (SPECIAL)DAMAGES REGARDLESS OF THE BASIS FROM WHICH SUCH
Solutions to begin work.Upon Client's acceptance,T.E.A.M.Solutions Proposal CLAIMS ARISE OR THE THEORY OF RECOVERY UPON WHICH SUCH
and related terms and conditions referred to in the Proposal shall constitute the CLAIMS ARE FOUNDED.THESE DAMAGES INCLUDE,BUT ARE NOT LIMITED
entire agreement relating to the products and services covered by the Proposal. TO, CLAIMS FOR LOSS OF PROFIT OR REVENUE, LOSS OF USE OR
No terms,conditions or warranties other than those identified in the Proposal and OPPORTUNITY,LOSS OF GOODWILL,COST OF SUBSTITUTE FACILITIES,
no agreement or understanding,oral or written,in any way purporting to modify GOODS OR SERVICES, COST OF CAPITAL, OR ANY INDIRECT,
such terms and conditions whether contained in Client's purchase order or PUNITIVE/EXEMPLARY DAMAGES.
elsewhere shall be binding unless hereafter made in writing and signed by
T.E.A.M.Solutions'authorized representative. THE PARTIES HERETO AGREE TO INDEMNIFY EACH OTHER FROM ANY
AND ALL LIABILITIES, CLAIMS, EXPENSES, LOSSES OR DAMAGES,
SCOPE OF WORK:This proposal is based upon the use of straight time labor INCLUDING ATTORNEY'S FEES,WHICH MAY ARISE IN CONNECTION WITH
only.T.E.AM.Solutions shall perform on behalf of Client services as described in THE EXECUTION OF THE WORK HEREIN SPECIFIED AND WHICH ARE
the scope of work section and shall be compensated according to the pricing set CAUSED,IN WHOLE OR IN PART,BY THE NEGLIGENT ACT OR OMISSON
forth herein.Plastering,patching and painting are excluded.T.E.AM.Solutions OF THE INDEMNIFYING PARTY.
agrees to keep the job site clean of debris arising out of its own operations.Client INDEMNITY IS NOT INTENDED TO EXTEND TO ANY CLAIM ARISING FROM
shall not back charge TEAM. Solutions for any costs or expenses without THE NEGLIGENCE OF THE ARCHITECT OR ENGINEER RELATING TO OR
T.E.A.M.Solutions'written consent. ARISING FROM THE DESIGN AND/OR ENGINEERING FOR THE PROJECT.
PAYMENT TERMS:Client shall pay T.E.A.M.Solutions,at the time Client signs UTILITIES:Client agrees to provide T.E.A.M.Solutions with required field utilities
this agreement,an advance payment equal to 50%of the contract price,and Client (electricity,toilets,drinking water, project hoist, elevator service,etc.)without
agrees to pay T.E.AM.Solutions'additional amounts invoiced within net-30 days charge.
of invoice date. T.E.AM.Solutions may invoice Client monthly for all materials
furnished,whether delivered to the installation site or to an off-site storage facility HAZARDOUS MATERIALS:T.E.AM.Solutions under this Agreement expressly
and for all work performed on-site or off-site.No retention shall be withheld from excludes any work or service of any nature associated or connected with the
any payments except as expressly agreed in writing by T.E.A.M.Solutions,in identification,abatement,clean up,control,removal,or disposal of environment
which case retention shall be reduced per the contract documents and released Hazards or dangerous substances to include but not limited to asbestos or PCBS,
no later than the date of substantial completion.If payment is not received as discovered in or on the premises.Client warrants and represents that,except as
required hereby,T.E.AM.Solutions may suspend performance and the time for set forth in a writing signed by T.E.AM. Solutions,there are no Hazardous
completion shall be extended for a reasonable period of time no less than the Materials on the Premises that will in any way affect T.E.A.M.Solutions'Work and
period of suspension.Client shall be liable to T.E.AM.Solutions for all reasonable Customer has disclosed to T.E.AM.Solutions the existence and location of any
shut down,standby and start-up costs as a result of the suspension.All amounts Hazardous Materials in all areas within which T.E.A.M.Solutions will be performing
outstanding 10 days beyond the due date are subject to a service charge not to the Work.Should T.EAM.Solutions become aware of or suspect the presence of
exceed 1.5%of the principal amount due or the maximum allowable legal interest Hazardous Materials, T.E.AM. Solutions may immediately stop work in the
rate,retroactive to the due date.Client shall pay all costs(including attomey's fees) affected area and shall notify Client.Client will be responsible for taking any and
incurred by T.E.AM.Solutions in attempting to collect amounts due and otherwise all action necessary to correct the condition in accordance with all applicable laws
enforcing these terms and conditions. and regulations. Customer shall be exclusively responsible for any claims,
including the payment thereof,arising out of or relating to any Hazardous Materials
MATERIALS: If the materials or devices included in this proposal become on or about the Premises. T.EAM. Solutions shall be required to resume
temporarily or permanently unavailable for reasons beyond the control and without performance of the Work in the affected area only in the absence of Hazardous
the fault of T.E.AM.Solutions,then in the case of such temporary unavailability, Materials or when the affected area has been rendered harmless.In no event shall
the time for performance of the work shall be extended to the extent thereof,and T.E.AM.Solutions be obligated to transport or handle Hazardous Material,to
in the case of permanent unavailability,T.E.A.M.Solutions shall(a)be excused provide any notices to any governmental agency,or to examine the Premises for
from furnishing said materials or devices,and(b)be reimbursed for the difference the presence of Hazardous Materials.
between the cost of the materials or devices permanently unavailable to and the
cost of a reasonable available substitute therefore. T.E.AM.Solutions shall be DELAYS:T.E.A.M.Solutions shall not be liable for any delay in the performance
allowed to substitute materials if the materials or devices specified in the proposal of the work resulting from or attributed to acts or circumstances beyond T.E.A.M.
become unavailable for reasons beyond the control of T.E.AM.Solutions. Solutions'control,including,but not limited to,acts of God,govemmental or judicial
authority,fires,explosions,riots,labor disputes,conditions of the premises,acts
WARRANTY:T.E.A.M.Solutions warrants that,for a period of one year from the or omissions of the Client,Owner,or the Contractors or delays caused by suppliers
date of substantial completion(the Warranty Period"),materials and devices or subcontractors of T.E.AM. Solutions. This Agreement shall at T.E.AM.
installed hereunder and Work shall be free from defects in material,manufacture, Solutions'election(i)remain in effect but T.E.A.M.Solutions'obligations shall be
and workmanship.Substantial completion date shall be the earlier of the date that suspended until the uncontrollable event terminates,or(ii)be terminated upon ten
the Work is sufficiently complete so that Client can utilize the Work for its intended (10)days notice to Client,in which event Client shall pay T.E.A.M.Solutions for all
use or the date that Client receives beneficial use of the Work.If such defect is parts of the Work furnished to the date of termination.
discovered within the Warranty Period,T.E.AM.Solutions will correct the defect
or fumish replacement equipment(or,at its opinion,parts therefore).No liability DISPUTES: Any claim arising out of or related to this agreement shall be subject
whatever shall attach to T.E.AM.Solutions until said equipment and Work have to mediation as a condition precedent to arbitration or the institution of legal or
been paid for in full and then said liability shall be limited to T.E.A.M.Solutions' equitable proceedings by either party.The parties shall endeavor to resolve their
cost to correct the defective Work and/or the purchase price of the equipment claims by mediation through the use of a mutually agreed upon mediator.Any
shown to be defective.T.E.A.M. Solutions'warranties expressly exclude any claim(s)arising out of or related to this agreement exceeding$15,000.00 and not
remedy for damage or defect by corrosion, erosion, or deterioration, abuse, resolved by mediation shall be subject to binding arbitration in accordance with the
modifications,alterations,misuse,or which has not been properly and reasonably American Arbitration Association Construction Industry Rules currently in effect
maintained,or repairs not performed by T.E.AM.Solutions,improper operation, The parties agree that the laws of the State of Texas shall govem all disputes and
or normal wear and tear under normal usage.THESE WARRANTIES ARE IN LIEU venue for all proceedings referred to herein shall be in McLennan County,Texas.
OF ALL OTHER WARRANTIES,EXPRESSED OR IMPLIED,INCLUDING BUT The prevailing party in the arbitration shalt be entitled to recover,in addition to any
NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A award made by the arbitrator(s),its legal costs incurred in resolving the dispute,
SPECIFIC PURPOSE.T.E.A.M.Solutions shall not be obligated to pay for the cost including,but not limited to reasonable attomey's fees.Nothing herein shall be
of lost refrigerant. construed as limiting any rights of T.E.A.M.Solutions to assert and perfect all
applicable lien rights.
TAXES:The price of the proposal does not include duties,sales,use,excise,or
other similar taxes,unless required by federal,state or local law.Client shall pay, TERMINATIONS: Either party may, with or without cause, terminate the
in addition to the stated price;all taxes not legally required to be paid by T.E.AM. work/services at any time upon ten(10)working days'written notice to the other
Solutions or,alternatively,shall provide T.E.AM.Solutions with acceptable tax Party. In either case,T.E.AM.Solutions shall be paid costs incurred and fees
exemption certificates. T.E.AM. Solutions shall provide Client with any tax eamed to date of termination and through demobilization.
payment certificate upon request and after completion and acceptance of the work.
PERMITS AND GOVERNMENTAL FEES:T.E.AM.Solutions shall comply with all
INSURANCE: Each Party shall take out and maintain at its own expense all applicable federal, state and local laws and regulations and shall obtain all
insurance necessary to cover its obligations under the Agreement temporary licenses and permits required for the prosecution of the work.Licenses
LIABILITY:T.E.AM. Solutions shall not be liable for any special, indirect or and permits of a permanent nature shall be procured and paid for by the Client.
consequential damages arising in any manner from the equipment or material
furnished or the work performed pursuant to this agreement.
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