Loading...
HomeMy WebLinkAbout90-0415 Ronald Vegemast Engineering qo - 04%5 AGREEMENT This Agreement is made by and between THE CITY OF ELGIN E-911 EMERGENCY TELEPHONE SYSTEM BOARD, (hereinafter referred to as the Board) , and RONALD VEGEMAST ENGINEERING, INC. , (hereinafter referred to as Consultant) . WITNESSETH WHEREAS, the Board has identified possible advantages to the citizens of the Lig:;; of E1j 1_;1.-w.gh ,,i omation of J'spatching, and the implementation of 9-1-1 Universal Emergency Telephone Service; and WHEREAS, the Board, therefore, desires to consider issues related to dispatch automation and 9-1-1 service; and WHEREAS, the pursuit of the communications system changes has resulted in the identification of the need to acquire the Services of a registered professional engineer to assist in the planning for automation and 9-1-1 service; NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, the Board and Consultant agree as follows: ARTICLE I. GENERAL TERMS 1. The Board agrees to engage and hereby does engage the Consultant to provide the professional services described herein. 2. The Consultant agrees to provide the professional services described herein. 3. The Consultant agrees to assign Ronald Vegemast, P.,E. , as the principal person performing the duties required by this clontract. -1- 4. The Consultant may employ and assign the other competent personnel listed in Consultant's Proposal Number 8925 for the task work described. There will be no substitutes of personnel unless that becomes necessary due to events beyond the control of the Consultant. Personnel substitutions will not occur without the prior written agreement of the Board. 5. The Board shall designate one City of Elgin employee as 'the Project Director who shall act with and in behalf of the Board. 6. The Consultant's employees or associates shall coordinate their work schedules with the Board's Project Director. ARTICLE II. PROFESSIONAL SERVICES The Consultant's services to be provided in conformance , with this agreement shall consist of the specific tasks listed in Section 2 of Proposal Number 8925, dated October 31, 1989, submitted by Consultant to the Board, said proposal is hereby made part of this agreement as Attachment A. ARTICLE III. FEES AND PAYMENT 1. The firm fixed fee for professional services covering all professional staff time, overhead, typing, long distance calling, and indirect expenses, except travel , printing, and shipping, for Part 1 and Part 2 tasks described in Proposal 8925 is $59,500.00. 2. The Part 3 Tasks will be performed on an hourly basis as directed by the Board's Project Director. Much of the work in monitoring the project and observing work can be performed by City personnel , so that the work that will be required of the Consultant is not easily defined. All required work by the Consultant in Part 3 will be performed by Mr. Vegemast. Mr. Vegemast's billing rate for this work will be $90.00 per hour. -2- 3. Development of the MSAG is a labor intensive task. Development of the MSAG is not a clearly defined quantity of work, and, therefore, this work will be performed at an hourly rate of' $29.50 with supervision by Mr. Vegemast at $90.00 per hour. Supervision by Mr. Vegemast will only occur when appropriate to assure that the employees developing the MSAG are properly directed at the beginning of the work, and that the work is being performed in a proper manner, and that work is being performed efficiently. It is expected that approximately one hour of supervision will be required for each hour of MSAG development. 4. Development of the CAD geofile is a labor intensive task. Development of the CAD geofile is not a clearly defined quantity of work, and therefore, this work will be performed at an hourly rate of $29.50 with supervision by Mr. Vegemast at $90.00 per hour. Supervision by Mr. Vegemast will only occur when appropriate to assure that the employees developing the CAD geofile are properly directed at the beginning of the work, and that the work is being performed in a proper manner, and that work is being performed efficiently. It is expected that approximately one hour of supervision will be required for each hour of CAD geofile development. 5. In addition to the fee for professional services, expenses for report printing and shipping, and travel expenses will be billed at cost plus 6%. Travel expenses include air travel at coach or lower fare, local travel in Illinois, hotel , meals, parking at the Minneapolis airport, and mileage to and from the Minneapolis airport at $.25 per mile. Copies of receipts for travel , printing, and shipping will be included with invoices. All other costs and expenses including long distance telephone calls, clerical labor, and direct and indirect overhead is included in the firm fixed fee for professional services. -3- 6. Payment to the consultant will be made, after receipt of invoices, on a monthly basis, for expenses incurred during the previous month, and for professional services related to progress on the task work of the project. The progress payments will reflect the actual progress made on the tasks of the project and will be related to the actual amount of work in specific tasks. No single monthly billing for professional services and expenses combined will exceed $10,000.00. ARTICLE IV. OTHER COVENANTS AND STIPULATION 1. Consultant agrees that it is an independent contractor. The Board and the Consultant agree that nothing in this contractus intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Consultant as the agent, representative, or employee of the Board for any purpose nor are any of Consultant's employees entitled to any employee benefits as Board employees as a result of the execution of this agreement. 2. Consultant agrees that it will comply with Title VI of the Civil Rights Act of 1964. No person shall on the grounds of race, color, religion, sex, disability, marital status, sexual orientation, public assistance status, ex-offender status, or national origin be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under ahy program, service, or activity under the provisions of any and all applicable federal and state laws against discrimination. The Consultant shall , upon request, furnish all information and reports required by the rules, regulations, and orders of the Secretary of Labor for purposes of investigation to determine compliance with such laws. -4- 3. No officer, member or employee of Board and no member of their governing bodies shall have a pecuniary interest, l1 direct or indirect, in the approved agreement or the proceeds thereof. No employee of Consultant nor any member of an employee's family shall serve on a Board board, committee or hold any such position which either by rule, practice or action nominates, recommends or supervises Consultant's operation, or authorizes funding of Consultant. 4. Consultant may not assign or transfer the approved agreement, any interest therein or claim the,- under without the prior written approval of Board. 5. No alteration or variation of the terms of the approved agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this 15th day of April , 1990. CITY OF ELGIN E-911 EMERGENCY', TELEPHONE SERVICE BOARD By Title ,,pnrn,.An & t( I ,JQ q-23-TO RO' . ; GEMAST ENGINEERING, INC. ' J r By Chief Executive Offi -5- The undersigned contractor being first duly sworn on oath, deposes and states that the contractor is not barred from entering into a contract with the City of Elgin as a result of a conviction for the violation of Illinois Revised Statutes Chpt. 38, par. 33E-3 or 33E-4 or any similar offense of any State or the United States which con ' same elements kis these offenses. �' A/ L L Title Subscribed and sworn to before me this day of •/<< ( {�, 1990. (2, Notary Public J ;`` f 1C E-.,•fit fry rf tlf in.fP t 4 p?'¢ftriff ir, X Ronald Vegemast Engineering, Inc. Spite 180 Interchange Tower Minneapolis, MN 55426-1296 (612) 545-8173 STATEMENT REGARDING NUMBER OF EMPLOYEES Ronald Vegemast Engineering, Inc. , has seven employees. The firm has never had more than seven employees since it was began operations on May 1, 1984. The firm has no plans to add additional employees at any time in the future. This firm will felly comply with City of Elgin Municipal Ordinance 3.12.100 if, dL any time during the life of this project, Llhe number of em ees reaches 15. uk-LA Ronald Vegemast Chief Executive Offic r -6-