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HomeMy WebLinkAbout01-70 Resolution No . 01-70 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AGREEMENT WITH RONALD VEGEMAST ENGINEERING, INC. FOR A COMPUTER AIDED DISPATCH SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Amended Agreement on behalf of the City of Elgin with Ronald Vegemast Engineering, Inc . for a computer aided dispatch system, a copy of which is attached hereto and made a part hereof by reference . s/ John Walters John Walters, Mayor Pro Tem Presented: March 28, 2001 Adopted: March 28, 2001 Omnibus Vote : Yeas 5 Nays : 0 Attest : s/ Suellyn Losch Suellyn Losch, Deputy City Clerk AMENDED AGREEMENT THIS Amended agreement, made and entered into this Vllfday of A-p2r`L , 2001, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as "CITY") and RONALD VEGEMAST ENGINEERING, INC., a Minnesota corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with mobile communications for the Police Department(hereinafter referred to as the "PROJECT"). 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 all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of Lori Moses, Emergency Communications Director, herein after referred to as the "DIRECTOR". The ENGINEER shall perform the services for the PROJECT as set forth in the ENGINEER's letter of October 14, 2000 to Deputy Chief James Burns attached hereto and made a part hereof as Exhibit A. For the services described in Exhibit A, Engineer shall in no event be paid in an amount that exceeds the sum identified in"Exhibit A". The engineer shall also perform the services set forth in the ENGINEER'S letter of January 6, 2001, to Deputy Chief James Burns, attached hereto and made a part hereof as Exhibit B. Those additional services shall be performed for the monetary consideration identified in Exhibit B. In no event shall ENGINEER be paid in an amount that exceeds the sums identified in Exhibit B. II. SCHEDULE The ENGINEER shall perform and complete all of the services for the PROJECT on or before December 24, 2001. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including,but not limited too, reports, 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 products for its records. 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 ENGINEER. IV. PAYMENTS TO THE ENGINEER For the services provided,under Exhibit A,by the ENGINEER pursuant to this amended agreement the CITY shall pay the ENGINEER the lump sum amount of Twenty-Eight Thousand Dollars ($28,000.00) for fees and an amount not to exceed $2,000.00 for expenses related to the PROJECT regardless of actual time expended or actual costs incurred by the ENGINEER. For the services provided,under Exhibit B, by the ENGINEER pursuant to this amended agreement the CITY shall pay the ENGINEER the lump sum amount of Fifteen Thousand Six hundred and eighty Dollars ($15,680.00) for fees and an amount not to exceed $2,000.00 for expenses related to the PROJECT regardless of actual time expended or actual costs incurred by the ENGINEER The CITY shall pay such fees and expenses to the ENGINEER upon completion of all of the services to be provided herein and upon a submission of an invoice from the ENGINEER to the City for same. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. 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 Amended agreement. The ENGINEER shall make these records available at reasonable times during the Amended agreement period, and for a year after termination of this Amended agreement. VI. TERMINATION OF AMENDED AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Amended agreement at any time upon fifteen(15) days prior written notice to the ENGINEER. In the event —2— • • that this Amended 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 IV above. VII. TERM This Amended 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 V, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this amended 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 Amended agreement. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Amended 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 Amended agreement, the other party may terminate this Amended agreement. X. 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 Amended 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 acceptable to the CITY. XI. 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 Amended agreement or because of their execution, approval or attempted execution of this Amended agreement. —3— XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect, during the term of this Amended 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 X 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 modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, 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 Engineer'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 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. XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES., PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be —4— 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. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Amended 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 Amended 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 Amended agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Amended agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Amended 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. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Amended 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. —5— XVII. NO CO-PARTNERSHIP OR AGENCY This amended agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph,phrase, clause or other provision of this Amended agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Amended agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Amended 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 Amended agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof XX. MODIFICATION OR AMENDMENT This Amended agreement and its attachments constitutes the entire Amended 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. XXI. APPLICABLE LAW This Amended 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 enforcement of any rights pursuant to this amended agreement shall be in the Circuit Court of Kane County, Illinois. —6— XXII. 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 Amended agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. 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. XXV. 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 must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. 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 —7— recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under this Amended agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: JIM BURNS Deputy Chief of Police City of Elgin 151 Douglas Avenue Elgin, Illinois 60120-5555 B. As to ENGINEER: RONALD VEGEMAST ENGINEERING,INC. Interchange Tower, Suite 180 600 South Highway 169 Minneapolis, MN 55426-1296 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Amended agreement in triplicate as though each copy hereof was an original and that there are no other oral amended agreements that have not been reduced to writing in this statement. For the CITY: CITY OF ELGIN By City Manager Attes City Clerk —8— For the ENGINEER: " AL AST ENGINEE NG, INC. C. Ronald Vegemast, Pre ' ent Dated this 2 1 day of , A.D., 2666: H:\Burns\WPDOC\CAD\Vegemast Engineering contract 2001.wpd —9— Tos t Flgin MRCS Pro 10-14-00.doc t• . . :, :Page, , . • October 14, 2000 • Deputy Chief James Burns Elgin Police Department 151 Douglas Avenue Elgin, IL 60120-5503 Dear Chief Burns: • This letter is a proposal to provided.profession engineering services related to • the preparation of documents that may be used by the City of Elgin to add • modern mobile data communications to the public safety computer automation system. The output products of the work to be preformed are two documents that may be used for hardware/software procurement. The first document is a Request for Bid document with a terms and conditions section and a technical requirements section describing the hardware and software io 'be provided in fire and police vehicles, and the associated fixed location controller equipment that is needed for a mobile data communications system. This document may be used by the city to obtain one or more bids to provide the needed hardware and software. The data radio system to be used is the alerts system. The specification will . the MDCS contractor provide interfaces to the police and fire also require that records management systems, and to the PRC computer-aided dispatch system. The second document is a set of requirements to be met by PRC so that the computer-aided dispatch system functions as needed with the vehicle mounted and a d the fixed location controller equipment. All of the work of this project will be performed by Ronald Vegemast. • Planned steps to accomplish the work include: 1. Meet in Elgin with police and fire personnel to list requirements. 2. Follow-up with a telephone conference with Alerts personnel to obtain details needed for the specification. ecification. specification document and the PRC document and submit 3. Prepare a draft RFB p _ to Elgin personnel for review. • EXHIBIT A Lor F odes-EI in MDCS Pro 10-14-00.doc age2 4. Meet again in Elgin with police and fire personnel to receive comments to the draft documents. This meeting may be scheduled for the morning of Monday, November 27, 2000. 5. Prepare a revised draft of the RFB and PRC documents and submit to Elgin personnel 6. Receive comments to the second drafts during a telephone conference. 7. Prepare the final version of the documents. The work is to be completed by December 24, 2000. This will require an authorization to proceed delivered to us no later than October 25, 2000. We expect that the work of this project will require 200 hours to complete. Mr. Vegemast's year 2000 billing rate is $140.00 per hour to all clients. Travel expenses and printing/shipping expenses will be billed at our cost plus 6% in addition to the billings for professional services. Please call me at(952) 545-8173 if there are any questions about any part of • this letter proposal. • • Sincerely, Ronald Vegemast, P.E. Principal 3 • • Ronald Vegemast Engineering, Inc. .;; Interchange Tower,Suite 180 600 South Highway 169 Minneapolis,MN 55426-1296 Telephone:(612)545-8903 Facsimile:(612)545-9301 January 6, 2001 Deputy Chief James Burns Chairman 9-1-1 Board C/o Elgin Police Department 151 Douglas Avenue Elgin, IL 60120-5503 Dear Chief Burns: This letter is a proposal to provided continuing professional services related to the procurement of equipment and software associated with mobile data communications and automatic vehicle location for the City of Elgin. We propose to provide professional services during three phases of the procurement process. Those three phases are: 1. The proposal preparation phase. 2. The proposal evaluation phase. 3. The contract negotiation phase. During the proposal preparation phase, we will answer all technical and procedural questions that arise from potential proposers. After telephone discussions with City of Elgin personnel, we will prepare appropriate addendums for transmission to potential proposers by City of Elgin personnel. We anticipate that there will be more than the normal amount of issues that arise during this procurement because of the complexity of the procurement, the number of interactive subsystems involved, and the options for submission of proposals allowed. During the proposal evaluation phase, we will provide a detailed review of all proposals received, and we will develop a written list of questions to be submitted by the City of Elgin to various proposers. We will suggest issues to be resolved with proposers before an award is made. When issues are satisfactorily resolved, we will prepare an award recommendation letter. During the contract negotiation phase, we will review terms for the base contract, terms of software licensing agreements offered to the City by the + ,ty - :r- 'S Y'' 3"2 fi' AYE ':'£ }'" "vt : �:.:`'yY a'. '` r - i ", .9 ;'t4 f, � S. .FI ,sit `tt:a':�' a. ,. .cN `Y�st�lW'�`'��X`-74�' ; . .. ._ _ rn.?6-`rr 3'�r..... .,. T-;':..... selected proposers, and tha technical content as various iterations of the contract wording are developed. All of the work of this project will be performed by Ronald Vegemast. Planned steps to accomplish the work include: Mr. Vegemast's will perform the described professional services for lump sum amounts as follows: 1. The proposal preparation phase, $4,480.00 based on 32 hours @ $140.00 per hour. f coy .elite' b��} S-1-o l 2. The proposal evaluation pfiase, $5,600.00 based on 40 hours @ $140.00 per hour.— co -1-OI 3. The contract negotiation phase, $5,600.00 based on 40 hours @ $140.00 per hour. Any travel expenses and printing/shipping expenses will be billed at our cost plus 6% in addition to the billings for professional services. The additional professional services described in this letter may be added to the services described in the existing contract between this firm and the City of Elgin. Please call me at (952) 545-8173 if there are any questions about any part of this letter proposal. Sincerely, Ronald Vegemast, P.E. Principal Cc Lori Moses ir d .1 OF �'€ City of Elgin Agenda Item No. 0 II 40E00' r "� t ,,.� L 4�: , ,. March 14 , 2001 G hi 1 ti .. N TO: Mayor and Member of the City Council SAFE CdMMIJNITY FROM: Joyce A. Parker, City Manager SUBJECT: Addition to Contract with Vegamast Engineering for Computer Aided Dispatch System PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of a contract amendment with Ronald Vegamast Engineering for services related to the City-wide Computer Aided Dispatch System. BACKGROUND In 1995, the City formed a committee to develop and deploy a Computer Aided Dispatch (CAD) System for the Police and Fire Departments . Since that time, the project has been separated into three distinct parts, with Phase I and Phase II now completed. Phase I placed the computer dispatch system in the hands of the dispatchers and went live in 1996 . Phase II enhanced that capability to include mapping and Mobile Data terminals in the police vehicles . Phase III will complete the project by placing Mobile Computers in the Fire Units and providing CAD information in the mobile units and Automatic Vehicle Location (AVL) data to aid in dispatching. On November 15, 2000, the City Council approved a contract with Vegamast Engineering to develop a Request for Bids document for the City for Phase 3 of the Computer Aided Dispatch System (Exhibit A) . This contract was executed and all of the work was completed. At the time the contract was signed, Ronald Vegamast had planned to retire on December 31, 2000, immediately after completing the work for the City. As a result, the CAD Committee, composed of members of the Police and Fire Departments, had planned to try and analyze the proposals that were received, without benefit of a professional engineer. This task was risky and problematic, but the committee saw no other alternative . This contract provides an alternative, to use a professional engineer for this task. I f Contract with Vegamast Engineering March 14 , 2001 Page 2 Ronald Vegamast has now decided not to retire until the end of 2001 and he will , therefore, be available for the review of the proposals . The CAD committee asked for and received a proposal from Vegamast Engineering for reviewing services and that is attached (Exhibit B) . This contract for additional services will ensure that the City receives the best available system for the best price and that nothing is missed in the proposals . Vegamast Engineering has been involved in all phases of this project to date and they are the best firm to conduct this review. Vegamast Engineering was originally selected as a result of a competitive Request for Proposals and has been working with the City and the E911 Board since the beginning of enhanced 911 in Elgin. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Emergency Telephone System Board has reviewed and recommended this addition to this contract . 144.,FINANCIAL IMPACT The not-to-exceed fee charged by Vegamast Engineering will total $17, 600 . Although this item was not specifically budgeted, sufficient funds are available within the E911 Fund to pay for this contract . Account number 220-0000-791 . 30-99, will be charged. LEGAL IMPACT 1 4°V None . ALTERNATIVES The City Council can choose to have the City employees on the CAD committee evaluate and make recommendations on the proposals received without the assistance of a professional engineer. RECOMMENDATION It is recommended that the City Manager be authorized to execute the contract addition with Vegamast Engineering for $15, 680 and up to $2 , 000 for related expenses . Respectfully submit ed, J ce . Parker City Manager