HomeMy WebLinkAboute-Builder signed contractBuilder
Builder"
e- Builder Incorporated
1800 NW 691h Avenue, Suite 201
Plantation, Florida 33313
Phone: 800 -580 -9322
Order Form
City of Auburn, WA
r
u mider
Construction Program Management Software
I I Pa.- c
Blunder
Investment Summary
The Following details the investment summary associated with the licensing of e- Builder
Enterprise.
Item Scope Variables Price
Software License (Named)
Number of Users
30
$36,000
Options (50 & Unlimited)
See below
$ 50,950
Total Annual License
Year 2
$36,000
Implementation
Initial e- Builder Enterprise
Implementation
$94,444
Eden Integration
Push to e- Builder
$ 50,950
Total Initial Implementation
Year 2
$145,394
City of Auburn
e- Builder Software License Options
Option k -3n Users - $1,200 per user/each additanai user
Year I
Year 2
Year 3
Year 4
Year 5
Total 5 Year Cost
30 users in Year 1
36,000
36,000
50 users in Years 2 -5
60,000.
60,000
60,000
60,006
240,000
5 yea r pn ce protecti on, max 5% license cast Increase pe r yea r
.......... .
276,)00
Option 2 - 56 users - $975 per user/each additonal user
Year 1
Year 2
Year 3
Year 4
Year 5
Total 5 Year Cost
So users
48,754
48,750
75 users in Year 2 -5
73,125
73,125
73,125
73.1I5
292,500
5 year price proteirbon, max 5% license cost increase per year
Option 3 - Enterprise License (Unlimited Users)
341,250
Year 1
Year 2
Year 3
Year 4 1 Year 5
1 Total 5 Year Cost
Site License for Unlimited Users
58.9501
58,950
58:950
!j8,9501 58,950
294,7511
294,750
Additional Terms
Payment Terms: Payment of the 1st year license cost is due upon signing of this agreement. 50%
of the implementation and Additional Services investment is due upon signing and the
remaining 50% is due upon completion of the training.
Travel and Expenses: Travel expenses and course material reproduction (if requested) are not
included in the above investment. These expenses are billed as incurred as actuals. Estimated
travel costs are $13,800 Not to Exceed for this implementation (7 trips).
21 Page
Builder t-
Note: The investment summary is considered valid for 90 days from the publication of the Order
Form. Non - approval of the Order Form within this timeframe will result in the redefinition of
the investment summary.
Project Archives: The investment in the e- Builder Enterprise includes quarterly Account
Archives (for year one of the contract term — 4 archives), provided on CDJDVD or external hard -
drive. Additional archives can be provided upon request by the City of Auburn for $800Jper
archive.
Implementation Scope
Phase
Deliverables
Quantity (If Comments
Applicable)
Initiation (Disco ve )
Kick Off Meeting
Initial Project
Schedule
Data Gathering Guide
Implementation Goals
and Success Metrics
Planning (Design ]
Solution Requirements
1
Document
Execution (Confi ration)
Capital Planning
1 tem late
Cost & Funding
I template
Management
Structured Workflow
4 Process types
Forms Management
3 Form types
Additional sixty (60) out -of-
the -box Form types will be
provided.
Schedule Management
1 template
Dashboards
1 dashboard
Additional one(1) Adoption
Management dashboard
will be provided.
Reports
3 Ad -hoc
Additional one hundred
and twenty (120) out- of -the-
box Reports will be
provided
Document
1 template
Management
Bidding Management
Not Included
Calendar
1 template
Management
Setup &Security
Included
Import TooIkit
Included
31 Page
su�wer
Additional Implementation Scope Detail
i. Batched Integration - e- Builder and City of Auburn will integrate e- Builder and
Eden (City of Auburn financial system). This integration will provide the ability for
the City of Auburn to send key cost related data from Eden to
e- Builder. There are key connection points and data that will be integrated between
the applications. The detail below is an outline based upon initial discussions.
Further technical discussions would be required if City of Auburn desires to add
additional data points to integrate or the technical means and method to integrate
the applications.
The e- Builder Implementation team will perform a more detailed requirement
gathering that will document the specific fields and exceptions. This information will
be documented as a Technical Requirements document and will require approval
from City of Auburn before development begins.
Integration Method - Standard e- Builder Template Methodology
The integration between Eden and e- Builder will be a batched file transfer of
information. The transfer files from Eden to e- Builder will utilize a Secure FTP site.
City of Auburn is responsible to setting up and maintaining the Secure FTP site. This
site will. be used as the transfer mechanism in which files will be passed to /from each
application. City of Auburn will provide the Secure FTP information and credentials
to the e- Builder team for access.
For each integration point (e.g., purchase order, commitment, invoice, etc.), the
duration will be defined during the implementation (e.g., hourly, daily, weekly,
twice daily, etc.) that the files will be sent to the Secure FTP site for transfer. The file
format of the files will be one of the following files types (e.g., XLS, .CVS or tab -
delimited text file). Detailed mapping of the files will occur during the
implementation and be documented in the Technical Requirements document.
41 Page
Eden integration
5 Integration Points Standard eB Integration
Templates
Control (Training..
Administrator
1 session
3 days in duration
End User
2 sessions
Each session is 2 days in
duration
Train the Trainer
Combined with
Admin
1 day in duration
Closure (Adoption)
Adoption Calls 3 calls
F Total Initial Implementation
$145,394 + $13,800 (est.
Travel)
Additional Implementation Scope Detail
i. Batched Integration - e- Builder and City of Auburn will integrate e- Builder and
Eden (City of Auburn financial system). This integration will provide the ability for
the City of Auburn to send key cost related data from Eden to
e- Builder. There are key connection points and data that will be integrated between
the applications. The detail below is an outline based upon initial discussions.
Further technical discussions would be required if City of Auburn desires to add
additional data points to integrate or the technical means and method to integrate
the applications.
The e- Builder Implementation team will perform a more detailed requirement
gathering that will document the specific fields and exceptions. This information will
be documented as a Technical Requirements document and will require approval
from City of Auburn before development begins.
Integration Method - Standard e- Builder Template Methodology
The integration between Eden and e- Builder will be a batched file transfer of
information. The transfer files from Eden to e- Builder will utilize a Secure FTP site.
City of Auburn is responsible to setting up and maintaining the Secure FTP site. This
site will. be used as the transfer mechanism in which files will be passed to /from each
application. City of Auburn will provide the Secure FTP information and credentials
to the e- Builder team for access.
For each integration point (e.g., purchase order, commitment, invoice, etc.), the
duration will be defined during the implementation (e.g., hourly, daily, weekly,
twice daily, etc.) that the files will be sent to the Secure FTP site for transfer. The file
format of the files will be one of the following files types (e.g., XLS, .CVS or tab -
delimited text file). Detailed mapping of the files will occur during the
implementation and be documented in the Technical Requirements document.
41 Page
Builder -t
Integration Points — Using Standard e- Builder Template Methodology
Several integration points typically exist between e- Builder and client financial
systems. These integration points can also be referred to as cost objects. For
example,
- A Purchase Order in City of Auburn is a specific cost object. In e- Builder, this is
referred to as a Commitment.
For each of the objects, City of Auburn will be required to map the fields to the
associated e- Builder fields for the data files being transferred. As part of integration
effort, e- Builder will provide for each cost object being integrated the detailed field
mapping, required fields and business rules associated. City of Auburn will perform
the necessary development to ensure the fields are formatted for the export from
Eden.
The identified cost objects included in the integration are:
a. Funding (Budget) push from Eden to e- Builder
b. PO push from Eden to e- Builder Enterprise
c. Paid Invoice push from Eden to e- Builder
d_ 'Non- Committed'(including Payroll Costs) invoice push from Eden to
e- Builder
e. Journal Entry changes from Eden to e- Builder
Additional cost objects can be added, but, further discussion would be required to
determine if it will require a scope change.
Error Handling
If exceptions occur with any files that are being imported from Eden to e- Builder, a
file will be generated with a list of the exceptions, which will be stored in an
exceptions folder in the documents module in e- Builder (exact location to be
determined). E -mail notifications of the exceptions will be sent to Project Controls.
The exceptions file will be in the same format as the original files with the last
column containing the reason for the exception. Once the errors in the file are fixed,
the file will be uploaded back in the same exceptions folder. The scheduled job for
the next duration will process the fixed exceptions file first before fetching new data
from the SFTP folder. In addition, this job can be executed on- demand.
Testing
51 Page
Buikler
For the testing of the batched integration, e- Builder will setup a test environment
and City of Auburn will be required to do the same for Eden. A test plan for the
identified cost objects and standard exceptions will jointly be created by City of
Auburn and e- Builder. Testing will be performed in these test environments before
being moved into Production.
Client Responsibilities & Implementation Assumptions
The following is a list of responsibilities and assumptions necessary for the successful
completion of this effort. We have used this information to establish the schedule and
fees for the services delineated within this document. In the event that an item below
does not occur in the manner or time frame shown, such circumstance may constitute a
change and may require e- Builder and the client to meet and mutually agree upon an
adjustment to the schedule, work activities and fees.
1. The client will make best efforts to ensure the committed participation of all
appropriate technical and user personnel throughout the project, including but
not limited to periodic status reviews. Client resources provided during the
technical and functional sessions must be empowered to make decisions on
project direction.
2. The e- Builder implementation team will work jointly with the client team to
resolve all issues including those impacting the scope and timeline. Issues that
may impact the progress and the schedule will be documented. If the issue is
critical, e- Builder will present the issue to the client in writing as quickly as
possible. Croce the issue is presented in writing the client is expect to respond
within two (2) business days, if the issue cannot be resolved within two days,
they will notify e- Builder and arrange a meeting with all relevant personnel to
resolve this issue, Failure to do so could impact the cost and schedule of the e-
Builder implementation project.
3. All necessary content (data, text and graphics) will be provided to e- Builder prior
to the creative processes (if applicable).
4. The client will reimburse reasonable travel expenses for any travel associated
with the engagement.
5. Unless specifically identified as deliverables within this document, client must
enter any historical data from past projects to enable historical analysis.
6 1Page
!9
Builder
6. Unless specifically identified as deliverables within this document, data
migration, system integrations or custom development of any kind is not
included within the scope of the e-Builder implementation project. These items
can be included through the change management process if identified as
required items.
7. All change requests received and approved will be listed on a contract
Addendum or Work Order. Each Addendum or Work Order must be signed
and accepted prior to initiating additional work by the e- Builder.
Acceptance
This Service Agreement and all associated schedules, order forms and other attachments
constitute the complete understanding between the parties with respect to terms and
conditions. These terms and conditions will control any terms and conditions in any
solicitation, request for proposal, proposal, purchase order, acknowledgement or other
written form, except for a Contract Addendum signed by both parties.
E- BUILDER, INCORPORATED
By: c—yi� c- /L-
(y int)
By: ►C
(Signature)
Title: V�C�
Date: 1
71 Page
City of Auburn, WA
By: r mV C Y s.
(Print)
By: �&- N .
(Signar
Title: H4 yG /e
Date: MAR —'7 2014
E- BUILDER
SERVICE AGREEMENT
e- Builder, Inc, whose address is 1800 NW 691h Avenue, Suite 201, Plantation, FL 33313 ( "e- Builder ") and City of Auburn,
WA whose address is 25 W Main St, Auburn, WA 98001 -4916 ( "Customer ") agree Thursday, March 06, 2014, as follows:
1. TERM. This Agreement shall continue for a period of 36 months commencing 2 It I . This Service
Agreement shall automatically renew for additional 12 month terms (the "Renewal Term(s)") at the end of the Initial
Term or each Renewal Term unless either of the parties shall provide written notice to the other terminating this
Service Agreement or the parties shall agree to a different Renewal Term not less than 30 days prior to the end of
the Initial Term or each succeeding Renewal Term, as the case may be. Fees for Services for each Renewal Term
shall be at e- Builder's standard rates in effect on the first day of each Renewal Term-
2 SERVICES.
2.1 Services. e- Builder agrees to provide the services described in Schedule A and Order Form attached hereto (the
"Services ") to Customer subject to the terms and conditions of this Agreement in consideration for the payments as
set out in Section 3 hereof during the initial term and any Renewal Term. Customer acknowledges that e- Builder
Enterprisetm software may be modified or upgraded from time to time and that Services and Customer Support shall
only include the use of the most recent version of e- Builder Enterprisetm
2.2 License of Software. Customer's right to use the Services (Including, without limitation, the limited license to use e-
Builder Enterprise' software) is limited to the restrictions contained herein, including those related to the number of
users, projects, annual capital program expenditures andlor period of use. The Customer acknowledges that title to
and copyright in the software applications supplied by e- Builder (including e- Builder Enterprisetm) are reserved by e-
Builder. Customer acquires no right in any software, copyrights, patents or any other intellectual property belonging
to or licensed by e- Builder other than the specific limited rights to the Services. e- Builder is and shall remain the
sole owner of all copyrights, trademarks, patents and other proprietary rights in and to all aspects of the Services
(Including, without limitation. all software, code and designs used in providing the Services).
3. PAYMENTS. The Customer shall pay to e- Builder the annual fees at the rates outlined in Schedule A attached
hereto for the Services. Payments more than 10 days overdue shall bear interest at the rate of 1.5% per month. e-
Builder shall be entitled to recover its reasonable attorney's fees incurred in the collection of any sum due under this
agreement. Unless otherwise indicated on the Schedules, all dollar amounts referred to in this Agreement are in
U.S. Dollars. The Customer covenants and agrees to pay all federal, state, and municipal assessments, fees and
taxes (collectively called the "Taxes ") except those based upon e- Builder's income or net worth, which may now or
hereafter be imposed or levied upon the sale, purchase, ownership, maintenance, supplies, transportation,
installation, other charges, rental, lease, possession or use of the Services. The Customer agrees to reimburse and
to indemnify and hold e- Builder harmless from and against all Taxes.
4. WARRANTIES
4.1 Representations. Customer represents, warrants and covenants the following to e- Builder: (i) Customer currently
possesses all necessary licenses, permits, insurance and approvals required validly to execute, deliver and perform
its duties under this Agreement and is qualified to do business in all jurisdictions where such qualification is required
for Customer's performance of its duties under this Agreement, (ii) To the best of its knowledge and ability,
Customer will comply with, and will use its best efforts to cause each subcontractor it may engage to comply with all
applicable federal and state laws and regulations in performing its and their respective responsibilities under this
Agreement and any subcontracts, and (iii) No information provided to e- Builder or disseminated through its software
or systems shall infringe on or violate any trademark, copyright, trade secret, right of publicity or privacy (including
but not limited to defamation), patent or other proprietary right of any third party.
4.2 Disclaimer of Warrant and Limitations of Liability- E- BUILDER DOES NOT AND CANNOT CONTROL THE
FLOW OF DATA TO OR FROM E- BUILDER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH
FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR
CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN
IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF).
ALTHOUGH E- BUILDER WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT
DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, E- BUILDER CANNOT GUARANTEE THAT
SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, E- BUILDER DISCLAIMS ANY AND ALL LIABILITY
RESULTING FROM OR RELATED TO SUCH EVENTS.
EXCEPT FOR THE WARRANTIES SPECIFICALLY AND EXPRESSLY MADE HEREIN, E- BUILDER MAKES NO
WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY OR WARRANTIES OF FITNESS, AND ALL SUCH WARRANTIES ARE DISCLAIMED.
FOR ANY ONE OR MORE BREACH OF THIS AGREEMENT OR DEFAULT HEREUNDER, THE ENTIRE
LIABILITY OF THE PARTY IN BREACH OR DEFAULT, AND THE EXCLUSIVE REMEDY OF THE OTHER
PARTY, SHALL BE PAYMENT OF THE ACTUAL DAMAGES PROXIMATELY CAUSED BY SUCH BREACH OR
DEFAULT, WHICH SHALL NOT EXCEED THE AMOUNT OF ONE (1 ) MONTH'S FEES PAID BY CUSTOMER
HEREUNDER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES, OR EXPENSES, INCLUDING,
Version 1.3 - 07 -01 -12
E- BUILDER - SERVICE AGREEMENT
WITHOUT LIMITATION, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER
COMMERCIAL OR ECONOMIC LOSS OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT.
THESE LIMITATIONS ON THE LIABILITY OF EITHER PARTY SHALL APPLY TO ANY AND ALL CAUSES OF
ACTION THAT EITHER PARTY MAY HAVE AGAINST THE OTHER, IRRESPECTIVE OF THE NATURE OF THE
CAUSE OF ACTION UNDERLYING A CLAIM, DEMAND OR ACTION, INCLUDING, WITHOUT LIMITATION,
WHETHER IT SOUNDS IN CONTRACT OR TORT, BUT SHALL NOT APPLY TO OR LIMIT SUMS DUE
HEREUNDER TO E- BUILDER FOR SERVICES.
4.3 Indemnity. Each party agrees to indemnify, defend and save harmless the other party, its officers, directors,
employees or agents from and against any claims made upon it by any third party, arising out of information or
software provided by it or actions of its employees, agents or invitees.
5. AUDIT RIGHTS. Both e- Builder and Customer will have the right, during normal business hours and upon at least
five (5) days prior written notice, to have an independent audit firm selected by the initiating party audit the other
party's records relating to activities pursuant to this Agreement in order to verify that both e- Builder and Customer
have complied with the terms of this Agreement. The audit will be conducted atthe expense of the initiating party ,
Such audits will be conducted no more than once in any period of twelve (12) consecutive months.
6. CONFIDENTIALITY.
6.1 Confidential Information refers to all nonpublic information provided by one party to the other, The Parties
agree that, except to the extent necessary to implement the terms and conditions of this Agreement, when
authorized in writing by the other Party or when otherwise required by law: (i) each Party will preserve and protect
the confidentiality of the other Party's Confidential Information; (ii) neither Party will disclose to any third party the
existence, source, content or substance of the other Party's Confidential Information, or make copies of such
Confidential Information except as required by this Agreement; {iii} neither Party will deliver the other Party's
Confidential Information to any third party, or permit such information to be removed from the premises of the Party
receiving such information; and (iv) each Party shall advise any of its employees or agents working on or having
access to the other Party's Confidential Information of the confidentiality of such information.
6.2 The parties understand that Washington law limits the ability of the Customer to shield from public disclosure
any information given to the Customer. Accordingly, the Customer agrees to notify e- Builder of requests for public
records related to e- Builder, and to give e- Builder ten working days to obtain an injunction to prohibit the
Customer's release of records.
E.3 Grantee shall indemnify and hold harmless the City for any loss or liability for fines, penalties, and costs
(including reasonable attorney's fees) imposed on the City because of non - disclosures requested by Grantee under
Washington's open public records act, provided the City has notified Grantee of the pending request.
7. MISCELLANEOUS
7.1 Governing Law and Venue. This Agreement shall be governed by and interpreted in all respects in accordance with
the laws of the State of Washington without regard to any conflicts of law principles that would result in application
of laws of any other jurisdiction. Each party agrees to the exclusive jurisdiction of all state and federal courts located
in King County, Washington as well as the jurisdiction of all courts to which an appeal may be taken from such
courts. In addition, each party hereby expressly waives any and all objections it may have to venue for all disputes
hereunder, including, without limitation, the inconvenience of the forum for such disputes.
7.2 Notices. All notices required or permitted to be sent pursuant to this Agreement shall, unless otherwise specifically
provided, be in writing and shall be deemed given when delivered personally or by facsimile, overnight air courier or
certified mail (postage prepaid, return receipt requested), to the addresses shown above or such other substitute
address designated in writing.
7.3 Force Majeure. Notwithstanding any other provision of this Agreement, if by reason of Force Majeure, any Party is
unable to perform certain of its obligations under this Agreement it shall be automatically relieved of those
obligations to the extent, and for the period of time, that such Party is prevented from meeting them by Force
7A Purchases by Other Agencies. With the consent and agreement of e- Builder, purchases may be made under this
agreement by other public or governmental agencies or political subdivisions within the State of Washington. Such
purchases shall be governed by the same terms and conditions stated herein. This agreement in no way restricts or
interferes with the right of any State of Washington agency to rebid any or all of these items.
Version 1.3 - 07 -01 -12 Page 2
E- BUILDER - SERVICE AGREEMENT
E- BUILDE C. City of A urn, WA
By: By:
Tit €e: .f-��64Z`— Title:
Date: -,* Date: LIAR — 7 2014
Version 1.3 - 07 -01 -12 Page 3