Res 2004-035 - Laserfiche WebLink

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251. SCADA SYSTEM UPGRADE AGREEMENT This Agreement is made this the 24th day of February ,2004, between the City of San Marcos, Texas (the "City"), 630 East Hopkins, San Marcos, Texas 78666 and BLOC Design- Build, LLC (the "Contractor"), 140 E. Tyler, Suite 600, Longview, Texas 75601, for the provision ofprofessional technical, software and hardware installation and training services in connection with the upgrade of the City's existing Supervisory Control and Data Acquisition ("SCADA") system (the "Project"). The City and the Contractor agree as follows: ARTICLE 1 CONTRACTOR'S SERVICES AND RESPONSIBILITIES 1.1 ACKNOWLEDGMENTS; COORDINATION AND SUBCONTRACTING The Contractor acknowledges and warrants that: 1.1.1 It sells computer hardware and software and it performs related se rvices o f t he nature described in this Agreement in its normal and customary course of business, and that the City, compared to the Contractor, is relatively unfamiliar with the types of products and services described in this Agreement and the City relies on the Contractor's superior knowledge for the provision of these products and services. 1.1.2 In performing all services under this 'Agreement, it will use that degree of care and skill ordinarily exercised for similar projects by professional contracting firms who possess special expertise in the types of services involved in this Agreement. 1.1.3 All hardware and software provided by the Contractor to the City under this Agreement will be merchantable and fit for its intended purpose. The Contractor acknowledges that the intended purpose for the hardware and software is to upgrade, and where necessary, replace the City's existing SCADA system as described in the General Specifications, Part 3 of the City, s Request for Proposal and in the Contractor's proposal. 1.1.4 All computer hardware and software provided by the Contractor under this Agreement will meet each of the requirements and representations described in this Agreement, including without limitation all representations of the Contractor included in the Contractor's response dated December 4, 2003 to the City's request for proposals. If errors or deficiencies are discovered after the date of the formal acceptance of the Project by the City, the Contractor warrants that it will correct the defects, without charge to the City, for a period of one year. This correction may take the form of software and/or hardware additions, modifications, deletions or the provision of substitute software or hardware which meets the functions of the upgraded SCADA system as specified in this Agreement. Prior to the completion of the Project, the Contractor will provide the City with the