Loading...
HomeMy WebLinkAbout80-0922 Sachs Freeman 44 gd_ 09 aa. CONTRACT - TECHNICAL COMMUNICATIONS ASSISTANCE PUBLIC SAFETY COMMUNICATION CENTER STUDY AND IMPLEMENTATION FOR THE CITY OF ELGIN, ILLINOIS This contract is entered into between the CITY OF ELGIN (hereinafter "City") , and SACHS/FREEMAN ASSOCIATES, INC. , (hereinafter "Consultant") , this 22nd day of September , 1980, on the terms and conditions hereinafter set forth. Now, therefore, in consideration of the mutual covenants set forth below, the parties do agree as follows: 1 . Contract Documents Contract documents shall consist of the Consultant's proposal dated June 6, 1980, and this contract. The Consultant's proposal hereby is in- corporated by reference herein as if fully recited. 2. Scope of Work The scope of work to be performed under this agreement shall be defined by the Consultant's proposal. 3. Time of Completion A. The Consultant shall devote such time, personnel and resources to the plan as outlined in the Consultant's proposal so as to conform to the schedule as outlined within the aforementioned proposal, but not to exceed twenty-two months (22) from the date of signature, except as elsewhere provided for herein. B. The City will make no claims for loss or damages against the Consultant for any reasonable delay caused by circumstances beyond the control of the Consultant, other than that which is the result of the negligence of the Consultant. C. The Consultant shall make its personnel available to the City at reasonable times and for reasonable periods on the premises of the City to con- sult with the City's personnel. Periodic meetings shall be held to keep the City apprised of the project's progress, and at such other times as may be re- quested. 4. City' s Duties A. The City shall provide the Consultant with copies of such documents as the Consultant shall reasonably request. B. The City shall make available its personnel at reasonable times and for reasonable periods on the premises of the City to consult with the Consultant's personnel. 5. Payment Schedule The City shall pay to the Consultant, for all work and services provided hereunder, including all miscellaneous and reimbursable expenses, a sum of Twenty-Six Thousand, Nine Hundred and Five Dollars ($26,905.00.) Payments shall be made according to the following schedule: Payments made shall be for 90% of the full amount shown, the 10% retainage to be paid to the Consultant upon satisfactory completion of the contract, along with the final payment shown - PROJECT WITH CAD PROJECT WITHOUT CAD PAY- AMOUNT AMOUNT MENT FULL LESS 10% FULL LESS 10% NO. DUE DATE AMOUNT RETAINAGE AMOUNT RETAINAGE 1. Two months from date of signature $5,000 $4,500 $5,000 $4,500 2. Submission of Implementation Plan 5,000 4,500 2,500 2,250 3. Submission of Technical Specifications 7,000 6,300 2,800 2,520 4. Issuance of Request for Proposal 2,500 2,250 1,500 1,350 5. Submission of Bid Evaluation 2,500 2,250 1,500 1,350 6. Six months after award of system contract 2,500 2,250 1,500 1,350 7. Project Completion 2,405 2,165 plus 1,698 1,528 plus TOTAL $26,905 retainage of $16,498 retainage of 2,690 1,650 TOTAL $26,905 TOTAL $16,498 6. Hold Harmless Clause The Consultant shall indemnify, save and hold harmless the City and all of its agents and employees, of and from any and all claims, demands, actions or cause of action whatsoever character or nature arising out of or by reason of the execution or performance of the work or services provided for herein. 7. Termination of Performance A. Termination Without Cause - The City may, at any time and for any reason, terminate this contract by written notice to the Consultant specifying the termination date, which shall be not less than thirty (30) days from the - 2 - date such notice is given. In the event of such termination, the Consultant shall be paid such amount as shall compensate it for the portion of work al- ready performed prior to the termination date. Such amount shall be fixed by the City after consultation with the Consultant. Termination under this Section shall not give rise to any claim against the City for damages or for compensation in addition to that provided hereunder. B. Termination For Cause - In the event that: The Consultant shall default in performance of this contract in accordance with its terms (including in the term "default" any such failure to make in the work hereunder as progress endangers such performance but, not including circumstances beyond the control of the Consultant) , and shall fail to cure such default within a period of fifteen (15) days (or such longer period as the City may allow) after receipt from the City of a notice specifying the default, the Contract may be considered in default and is subject to termination by the City. 8. Documents A. All documents generated by the Consultant as the result of this project shall become the property of the City upon completion or termination of the project. The consultant shall be liable to the City for the cost of replacement for loss or damage of any documents belonging to the City while in the possession or control of the Consultant. B. The Consultant shall submit as a minimum, the following reports: (1) Implementation Plan (2) Technical Specifications (3) Request for Proposal, including Bid Documents (4) Bid Evaluation Report . (5) .. \Jj . _�.� t ice Testing Zbtiib :::id vheCiCvti`. Report. 9. Non-Assignment The Consultant shall not assign, or otherwise transfer duties arising under this contract without prior written consent by the City. 10. Merger This writing is the sole and complete agreement between the parties and any modification hereof shall be effective only if in writing and signed by the parties hereto. - 3 - b 11 . Notices Any notice, approval, request, bill or demand hereunder from either party shall be in writing and shall be deemed given when mailed, postage pre- paid, certified to the following: CITY OF ELGIN THE CONSULTANT Chief of Police Elgin Police Department 150 Dexter Court Regional Manager Sachs/Freeman Associates, Inc. 2970 Maria Avenue, Suite 107 Elgin, IL 60120 Northbrook, IL 60062 12. Consultant Liability If the procurement process for radio, communication center and/or CAD systems goes through the bidding procedure, but a contract is not concluded with any bidder (either because no successful bidder is selected or a contract is not negotiated with a selected bidder) , and if this failure to conclude a contract is not the fault of the Consultant, and if it is the decision of the City of Elgin to repeat the bid process, then the Consultant shall be paid for services required to support the rebid process. The cost of these services shall be for an amount to be negotiated between the City and the Consultant. WHEREFORE, in agreement as to the above terms the parties do set their hands. CITY OF ELGIN SACHS/FREEMAN ASSOCIATES, INC. BY: _ i fir-O��vCyj��r_ Regional Manager Title) (Title) DATE: `.. STATE OF INCORPORATION: Maryland - 4 -