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HomeMy WebLinkAbout97-28 Resolution No. 97-28 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PRC PUBLIC SECTOR, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with PRC Public Sector, Inc. for professional services in connection with the Geographic Information System and Computer Aided Dispatch, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: January 22, 1997 Adopted: January 22, 1997 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ,Committee of the Whole Meeting December 18, 1996 Page 4 develop the Wing Park Interage Activity Area. Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman and Mayor Kelly. Nays : None. Purchase for Geographic Information System Computer Hardware and Software Councilman McKevitt made a motion, seconded by Councilwoman Yearman, to authorize the purchase of ARCINFO software at the sum of $8, 100 and a DEC Unix Server at the sum of $34 , 000 from ESRI using the State of Illinois Master Purchase Contract and to approve a contract for professional services with PRC Geo-Services Division for a fixed price of $80, 918 . 00 . Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman and Mayor Kelly. Nays : None. Joint Agreement with Illinois Department of Transportation for Motorola Access Road Councilwoman Yearman made a motion, seconded by Councilman Walters, to execute the intergovernmental agreement with the Illinois Department of Transportation. Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman and Mayor Kelly. Nays : None. Recommendation from Neighborhood Services Committee for Installation of Two-way Stop at Intersection of Healy Street and Barrett Street Councilman Gavin made a motion, seconded by Councilman Walters, to authorize the establishment of a two-way stop at the intersection of Healy Street and Barrett Street. Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters , Yearman and Mayor Kelly. Nays : None. Recommendation from Neighborhood Services Committee for Establishment of No Parking Zone on South Street at Alfred Avenue Councilman McKevitt made a motion, seconded by Councilman Gilliam, to authorize the establishment of a "NO PARKING ANYTIME ON THIS SIDE OF STREET" parking restriction along the north side of South Street from South Alfred Avenue to a point 175 feet east of South Alfred Avenue. Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman and Mayor Kelly. Nays : None. Gasket Drive Parking Restriction Councilman McKevitt made a motion, seconded by Councilman Walters, to authorize the establishment of a "No Parking Any Time This Side of Street" parking restriction along both sides of Gasket Drive and for the entire length of Gasket Drive. AGREEMENT THIS AGREEMENT is made and entered into this 4 , day of FE ,157, , 19 ! ', by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as "City" ) and PRC Public Sector, Inc . , an Illinois corporation(hereinafter referred to as "Contractor" ) . WHEREAS, City desires to engage Contractor to furnish certain professional services in connection with the Geographic Information System (GIS) base map databases and Computer Aided Dispatch (hereinafter referred to as the "Project" ) ; and WHEREAS, Contractor represents that it is in compliance with all applicable Illinois statutes relating to professional registration of individuals and corporations and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged it is hereby agreed by and between City and Contractor that City does hereby retain Contractor to provide certain services pursuant to matters involved in the Project as described herein, subject to the following terms, conditions and stipulations , to-wit: I . SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Management Information Services Director of City (hereinafter referred to as "Director" ) , and shall include: B. Base Scanning Street Segments Address Attribution, Verification, Validation Atom Construction Hydrants Building Footprints Base Map Calibration & Registration Deliver Base Map, CAD Geofile C. A detailed Scope of Services as described in the following documents, which are attached hereto and made a part hereof as Attachment "A" : -- "GIS Survey Report" ( 10/11/96) "Hydrant, Footprint & AVL Readiness" supplemental descriptions ( 11/11/96) -- "Response to Elgin's Questions" ( 11/15/96) -- "Further Clarifications . . . " ( 11/26/96 ) II . PROGRESS REPORTS A. All services shall be completed within 120 days after transmission of a written order from City. An outline project milestone schedule is provided in "GIS Survey Report" for task breakdown. B. A detailed project schedule for the Project is attached hereto as Attachment "S" . Progress shall be recorded on the project schedule and submitted monthly to City as a component of the Status Report described in Section II (C) below. C. Contractor shall submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues . III . WORK PRODUCTS All work products prepared by Contractor pursuant hereto including, but not limited to, reports, work drawings , studies, photographs, models and recommendations shall be the property of City and shall be delivered to City upon request of the Director; provided however, that Contractor may retain copies of such work products for its records . Such work products are not intended or represented to be suitable for reuse by City on any extension to the Project or on any other project, and such reuse shall be at the sole risk of City without liability to Contractor. Notwithstanding the above, Contractor' s methodologies , techniques , and tools used are proprietary to Contractor and City agrees not to disclose such proprietary information to any third party, except as required by law. IV. PAYMENTS TO THE CONTRACTOR A. City shall reimburse Contractor for services under this Agreement a total fixed price of $80,918 . 00 (Eighty Thousand Nine Hundred Eighteen Dollars) , regardless of actual costs incurred by Contractor unless substantial modifications to the project are authorized in writing by City. B. City shall make periodic payments to Contractor based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to Contractor shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the Director: 2 PERIODIC PAYMENTS Project Startup ( 35% ) $28,321 .00 Demonstrate Address Validations ( 25% ) 20 ,229 .00 Deliver Initial Geofile & Real Time Map ( 25%) 20,229 . 00 Deliver Final Geofile & Real Time Map ( 15%) 12, 139. 00 V. INVOICES A. Contractor shall maintain records showing the amounts invoiced to and paid by City. Contractor shall permit the authorized representative of City to inspect and audit all records of Contractor for work done under this Agreement . Contractor shall make such records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI . TERMINATION OF AGREEMENT Notwithstanding any other provision hereof , City may terminate this Agreement at any time upon fifteen ( 15) days prior written notice to Contractor. In the event that this Agreement is so terminated, Contractor 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 Agreement shall become effective as of the date Contractor is given a written Notice to Proceed following approval of City' s corporate authorities and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date director reasonably determines in writing that all of the Contractor' s work under this Agreement is completed, or December 31, 1997, whichever is sooner. A determination of completion shall not constitute a waiver of any rights or claims which City may have or thereafter acquire with respect to any breach hereof by Contractor. VIII . NOTICE OF CLAIM If Contractor wishes to make a claim for additional compensation as a result of action taken by City, Contractor shall give written notice of its claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the Contractor' s fee shall be valid only to the extent that such changes are included in writing signed by City and Contractor. Regardless 3 of any decision of the Director relative to a claim submitted by the Contractor, all work required under this Agreement as determined by the Director shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the non-breaching party may 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 written notice thereof by the other party to comply with the terms of the Agreement, the non-breaching party may terminate this Agreement. X. INDEMNIFICATION Contractor shall hold harmless and indemnify City, its employees, officers and assigns, from and against any and all claims for damages, suits, causes of action and any and all other liability, including, but not limited to, reasonable attorneys ' fees and worker' s compensation claims, arising out of or in connection with, or alleged to have arisen out of or in connection with, Contractor's negligent performance or omissions of the terms of this agreement, including, but not limited to, the negligent performance of professional services . Neither party to this agreement shall be liable for special, indirect or consequential damages, however. XI . NO PERSONAL LIABILITY No official, director, officer, agent or employee of City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII . INSURANCE A. Comprehensive Liability. Contractor shall provide, pay for and maintain in effect, during the term of this 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. Contractor shall deliver to the Director a Certificate of Insurance naming City as additional insured. Such policy shall not be modified or terminated without thirty ( 30) days prior written notice to the Director. 4 • The Certificate of Insurance, which shall include Contractual obligations assumed by the Contractor under Article X entitled "Indemnification" shall be provided to City. B. Comprehensive Automobile Liability. Contractor shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of 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 limited of $1, 000, 000 per occurrence subject to a $1, 000,000 aggregate. D. Professional Liability. Contractor shall carry Contractor ' s Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $ /fraiivv 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. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this 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 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 Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the City. 5 XV. ASSIGNMENT AND SUCCESSORS This 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 City. XVI . DELEGATIONS AND SUBCONTRACTOR Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and Contractor shall remain liable to City with respect to each and every item condition and other provision thereof to the same extent that the Contractor would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. XVII . NO CO-PARTNERSHIP OR AGENCY It is understood and agree that nothing herein contained is intended or shall be construed to, in any respect, create or establish a partnership or employment relationship between City and Contractor, or as constituting Contractor as the general representative or general agent of City for any purpose whatsoever. XVIII . SEVERABILITY The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this 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 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 Agreement and its attachments constitutes the entire 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 6 • executed amendment hereof, or change order as herein provided. XXI . APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois . XXII . NEWS RELEASES Contractor may not issue any news releases without prior approval from the Director, nor will Contractor make public proposals developed under this Agreement without prior written approval from the Director prior to said documentation becoming matters of public record. XXIII . COOPERATION WITH OTHER CONSULTANTS Contractor shall cooperate with any other consultants in City' s employ or work associated with the Project. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 Contractor certifies hereby that it is not barred from bidding on this contract as a result of violationsof either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXV. SEXUAL HARASSMENT As a condition of this contract, Contractor 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 Section 6-101 of the provided by attached) . Human Rights Act (copy A of the olicies must be Departpmyent of Human Rights upon request. to the 4P.A. 87-1257 . XXVI . WRITTEN COMMUNICATIONS All recommendations and other communications by Contractor 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 recommendations and communications by Contractor be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows : A. As to City: Gary Gordier, CCP Mis Director City of Elgin 150 Dexter Court Elgin IL 60120-5555 B. As to Contractor: IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. CITY OF, E G(ay/1 / By 1 I) Y r I / i+V'r, City anager At f;triC i-kV,/r2k,o,-- City Clerk CONTRA OR By s Asst Secretar 8 V° OF FtCi 11 of�4 Agenda Item No. — City of Elgin December 6, 1996 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Purchase for Geographic Information System Computer Hardware and Software PURPOSE The purpose of this memorandum is to seek approval from the Mayor and members of the City Council for the purchase software and hardware for the Geographic Information System (GIS) , and to contract for professional GIS services . BACKGROUND The need to provide mapping capabilities has long been recog- nized as an important element to enhancing the efficiency and quality of service. Several years ago, ongoing efforts were begun to give the City of Elgin enhanced mapping capabilities when an agreement was entered into with Kane County to provide us with their digital map base. This map base supports fine cartographic features . We are now receiving that information; and, while the data is valuable, it has limitations . First, it is a tax-based map. Such a map maintains features based on the property tax cycle, which is always a year behind. Additionally, mapping features such as street center-lines which contain attribute values ( i .e. house number segment ranges) do not exist. As the final phases of the Computer Aided Dispatch (CAD) project nears completion, the GIS System must be brought up to the level of development that supports the rest of the CAD project and meets today' s technology demands . In keeping with the City's Five-Year Plan, a GIS Specialist was hired in August. This technical specialist has been extremely helpful identifying the limitations of the existing map base. Further enhancement is required to maximize the effectiveness of the E-911/CAD system. Consequently, the project has been divided into several compo- nents . The first component is to upgrade our software. This carries a cost of $8, 100. This upgrade will allow us to complete the development of the streets database, i .e. detailed cross-matching of the E-911 Master Street Guide, US Census Data files, and the City's Land Management files . GIS Computer Software and Hardware December 6, 1996 Page 2 The State of Illinois has standardized its GIS mapping operation on the Arc Info software product. Environmental Service Research Institute (ESRI ) , is the only vendor that offers this software. A master contract is available to purchase this software at a price that is substantially less than commercial prices for the same product. Therefore, competitive bidding would be ineffective. Second, computer hardware (server) is required to efficiently run the extensive GIS/CAD operations . For long-term compatibili- ty and cost effective maintenance, the hardware used for GIS purposes should be the same brand, model and operating system as all the existing CAD equipment. This equipment is made by Digital Equipment Corporation (DEC) . Quotations have been received from both DEC and from ESRI . Again, because of the State' s master contract, special governmental discounting is available for this equipment. The discounted price is $34 ,000 . Third, this project will require that additional mapping elements be created. For example, the entire Willow Estates Mobile Home park is considered one tax parcel . However, for E-911 purposes , each mobile home site must be treated as an individual parcel . Additional services would include 1) base map scanning; 2 ) create street address ranges ; 3) address attribution, verification, and validation; 4 ) create emergency service response areas; 5) hydrant location and attribution; and 6 ) building footprints . This project will also involve the calibration and registration of the map base for implementation of the Automatic Vehicle Locator System. This system will identify the precise location of all police/fire vehicles on the city' s map. PRC is the vendor providing contracted services relating to the CAD development project. Because of the inextricable link between CAD and the GIS system, a fixed price quotation of $80, 918 . 00 has been received from PRC's Geo-Services Division to perform those items listed above. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The projected cost of this request totals $123,018 . Budgeted funds exist (software component = $8, 100, hardware component = $34 ,000, mapping elements = $80,918) in the current 1996 budget of the MIS Division in Account 010-2006-718. 30-99 Miscellaneous Professional Services and the 1992 Bond Fund 392-0000-795 . 92-46 , project number 209804 , which was designated for this GIS development. GIS Computer Software and Hardware December 6 , 1996 Page 3 LEGAL IMPACT None. RECOMMENDATION The recommendation is to authorize the purchase of 1) ARCINFO software at the sum of $8, 100; 2 ) a DEC Unix Server at the sum of $34 , 000 from ESRI using the State of Illinois Master Purchase Contract; and, 3) approve a contract for professional services with PRC Geo-Services Division for a fixed price of $80, 918 . Respectfully submitted, ( çtb72./1Zeih . Jim s R. Nowicki F ance Director 71 ( a, . �--- R ert Malm Interim City Manager GLG/daw