HomeMy WebLinkAbout1999-10-19-Resolutions 99-126_Meter Reading - Contract - BermexCITY OFWaukeeATHEKEYTOGOODLIVING
RESOLUTION NO.99-126
ACCEPTANCE OF CONTRACT FOR METER READING
WHEREAS,the City Council of the City of Waukee accepted a bid from
Bermex,Inc.for meter reading;and
WHEREAS,City Staff has prepared a contract for said meter reading.
NOW THEREFORE,BE IT RESOLVED that the City Council of the City of
Waukee does hereby approve the contract attached hereto;and order the execution and
filing of said contract.
CITY OF WAUKEE,IOWA
CONTRACT METER READING BID
FALL 1999
THIS CONTRACT,made by and belween Ihe CITY OF WAUKEE.hereinafler referred 10 as city and
__~,hereinafler referred 10 as CONTRACTOR,entered into this
______dayof ,1999.
In consideration of the mutual promises and covenants contained herein,the CITY and CONTRACTOR
hereby agree as follows:
SCOPE OF CONTRACT
This contract shall become effective and the CONTRACTOR shall begin the service of commercial and
residential meter reading.as set out by this agreement the week of September 15,1999.This date will
begin a two month training period for the precise,efficient operation of the meter reading equipment and
route information.
The term of the contract shall be for a one (I)year period beginning November I,1999 and terminating
September 30,2000.There will be a two month training period in which the CONTRACTOR will be paid
the contracted price per meter as bid.At the end of this one year period,the contract may be extended for
an additional one (I)year period,by mutual agreement signed by both parties,at least ninety days prior to
the expiration of the one (1)year period.The CITY and the CONTRACTOR may meet and work at
developing a new future contract prior to the end of each one year contract.
CONTRACT WITH THE CITY -Contractor agrees with the City thai contractor will read all commercial
and residential water,irrigation,and gas meters,during the term of this contract within the time frame
needed to meet the City of Waukee's billing schedule.The CONTRACTOR shall furnish all,personnel,
labor,vehicles,and all other items necessary to provide for the efficient and precise reading of the meters.
The CITY shall be responsible for providing the equipment (Sensus Touch Read hand-helds)and the
proper training required on this equipment,and the billing of the customers for their utility usage.
All of the documents referred to as Specifications for Meter Reading Service are made a part hereof for all
purposes as though each were written word for word herein;provided,however,that in case of conflict in
the language of the Specifications and/or the Proposal and/or this Contract,the terms and conditions of this
Contract shall be final and binding on both parties.The Specs shall control if the Specs conflict with the
Proposal.
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SERVICES,OPERATIONS,AND PERFORMANCE
CONTRACTOR shall perform the contracted services in an efficient and precise manner.
CONDUCT OF EMPLOYEES/CONTRACTOR -All of the CONTRACTOR'S personnel shall always act
in a professional,courteous manner (i.e,polite responses to residents questions.and respect the property of
others),and perform their duties as quietly as possible.All of the CONTRACTOR'S personnel must be in
uniform and neatly groomed.The contractor shall be totally responsible for all equipment used while
operating within the City of Waukee,Iowa.
VEHICLES -The CONTRACTOR shall provide an adequate nnmber of well maintained vehicles which
are uniformly and clearly marked on both sides with the CONTRCTOR'S name and logo which can be
readily seen at a distance of at least 100 feet.The phone number of the'CONTRACTOR must be put on
both sides of the vehicle and be readily visible.Vehicles shall also be maintained in good repair so as to
prevent leaking oil,fuel,coolant,or hydraulic fluid onto CITY streets.Vehicles and equipment shall be
cleaned as needed,to maintain a neat appearance.
NOTIFICATION OF RESIDENTS -The CITY shall inform all residents as to complaint procedures,and
the scheduled dates of meter readings.
DISCRIMINATION -Neither the CONTRACTOR or person(s)acting on their behalf shall discriminate
against any person because of race,sex,age,creed,color,religion,national origin.veteran status,or
disability.
INDEMNITY -The CONTRACTOR will indemnify and save harmless the CITY,its officers,agents,
servants,and employees from and against any and all suits,actions,legal proceedings,claims,demands,
damages,costs,expenses,and attorney's fees,and any other costs of defense resulting from a willful or
negligent act or omission of the CONTRACTOR,its officers,agents,servants,and employees in the
performance of this contract;provided,however,that the CONTRACTOR shall not be liable for any snits,
actions.legal proceedings,claims,demands,costs,expenses,and attorney's fees arising out of a willful or
negligent act or omission of the CITY,its officers,agents,servants,and employees.
INSURANCE -The CONTRACTOR shall maintain in full force and effect throughout the term of this
contract and throughout any extension or renewal thereof the following types of insurance in at least the
limits specified below:
Workman's Compensation Statutory
General Liability
Bodily Injury $500,000 each occurrence
$1,000,000 aggregate
Property Damage $50,000 each occurrence
$100,000 aggregate
Automobile Liability
Bodily Injury $500,000 each person
$500,000 each occurrence I
Property Damage
Excess Umbrella Coverage
$50,000 each occurrence
$5,000,000 each occurrence
All insurance will be by insurers acceptable to the CITY and anthorized to do business in the State of Iowa.
Prior to the commencement of work,the CONTRACTOR shall furnish the CITY with certificates of
insurance or other satisfactory evidence that such insurance has been produced and is in force.Said
policies shall not thereafter e canceled,permitted to expire,or be changed without thirty (30)days
advanced notice to the CITY.
PERFORMANCE BOND
Before this Contract can be executed,the CONTRACTOR shall furnish a corporate surety bond or a letter
of credit written by an acceptable bank as security for the performance of the Contract.Said bond or Letter
of Credit must be in the amount of Fifteen Thousand Dollars ($15,000).
The surety f the bond shall be a duly authorized corporate surety company authorized to do business in the
State of Iowa.Attorneys-in-fact who sign Performance Bonds must file with each bond a effectively dated
copy of their power of attorney,bearing the seal of the company evidencing such agents authority to
execute the bond.In case of extension or termination of this Contract,the CONTRACTOR shall furnish a
Performance Bond or Letter of Credit in the same amount and under the same terms as for the initial Bond
or Letter of Credit.The original Surety,however,is in no way obligated to extend or renew the bond.
This contract shall be subject to termination by the CITY at any time if said bond is canceled or the surety
thereon relieved from liability for any reason.Notice of cancellation of the bond must be served upon the
City at least sixty (60)days prior to the effective date of said cancellation.The Contract will not be
terminated if within thirty (30)days of such notice,the CONTRACTOR files with the CITY a similar bond
to be effective for the balance of the Contract period.
BASIS AND METHOD OF PAYMENT -In consideration of CONTRACTOR'S services to the CITY,in
the reading of the water,irrigation,and gas meters,the CITY shall pay the CONTRACTOR a monthly fee
with the first such monthly period commencing October 1999.The charge shall be equal to the sum $0.50
multiplied by the number of water,irrigation,and gas meters read.This shall be determined in a joint
effort between the CITY and the CONTRACTOR'S through the contractor's information and the CITY'S
list of the total number of water,irrigation and gas meters read during that meter reading cycle and as stated
in specifications.After this number is determined it shall be multiplied by the unit price bid by the
CONTRACTOR.For the purpose of bidding,there are approximately 3,100 total meters.
The CITY shall remit payment within thirty (30)days following the end of each monthly period.The
contractor's will provide service to any territory annexed by the CITY,or additional growth of commercial
and residential units.The aforementioned formula for compensation due lu the contractor will of course
provide for greater compensation due to the contractor for servicing more residential and commercial units.
The CONTRACTOR and CITY agree that they will work together at all times to develop an accurate list of
the customers.
COST OF SERVICE -The rates submitted by the CONTRACTOR and approved and accepted by the
CITY shall apply for the term of this contract.
COMPLIANCE WITH APPLICABLE LAWS -The parties to the Contract agree that the laws of the State
of Iowa shall govern the validity,construction,interpretation,and effect of this contract.The
CONTRACTOR shall conduct the services set forth in this contract in compliance with all applicable
federal,state,and CITY rules,regulations,and laws.This Contract and the work to be done as descried
herein is also subject to the provisions of all pertinent municipal ordinances which are hereby made a part
hereof with the same force and effect as if specifically set out herein.
AREA TO BE SERVED -The CONTRACTOR shall provide the readings of each water,irrigation,and
gas meter within the CITY limits of the City of Waukee,The Midwest Mobile Home Court is involved in
this contract by natural gas meters only,
BREACH OF CONTRACT -If the CONTRACTOR fails to perform,or to perform in a satisfactory
manner,or to perform in accordance's with applicable ordinances,the CITY shall have the right to demand
in writing,adequate assurance from the CONTRACTOR that steps have been or are being taken to rectify
the situation,the CONTRACTOR must within three (3)days of receipt of such demand,return to the
Waukee City Administrator,a written statement that explains reasons for nonperformance or delayed,
partial or substandard performance during that period and any continuation thereof.The CONTRACTOR
also has the option to appear with an explanation before the City Council.Upon receipt of the
CONTRACTOR'S statement or the failure of the CONTRACTOR to submit one,the CITY may,with a
2/3 vote of the Council contract with another CONTRACTOR and make demands under the terms of the
Performance Bond or the Letter of Credit.
FORCE MAJEURE -Neither the CONTRACTOR or the CITY shall be liable for the failure to perform
their duties nor for any resultant damage,loss,etc.if such failure is caused by catastrophe,riot,war,
governmental order,or regulation,fine,accident,act of God or other similar or different contingency
beyond the reasonable control of the CONTRACTOR or CITY,In the case of a severe snowstorm,the
CONTRACTOR has the right to delay the meter reading by one day (more if condition warrant with City
approval).Notification shall be made to the CITY as soon as possible if snch an option is taken.
ASSIGNMENT OF CONTRACT -No assignment of this Contract or any right accruing under this
contract shall be made in whole or in part by the CONTRACTOR without the express written consent of
the CITY,which consent shall not be unreasonably withheld.The delegation of any Contract duties will
require the written consent of the surety and such delegation will not relieve the CONTRACTOR or his
Surety of any liability andlor obligation to perform.In the event of any delegation of a duty,the delegate
shall assume full responsibility aud liability for performance of that duty without affecting the
CONTRACTOR'S liability.
CHANGE OF OWNERSHIP -In the event that the CONTRACTOR'S business assets are sold,the CITY
maintains the right to hold the original owner solely liable.If,however,the CITY determines that the new
ownership can adequately and faithfully render the services called for in the Contract for the remaining
term of the Contract,then the CITY may elect to execute a novation,allowing the new ownership to
assume the rights and duties of this contract and releasing the previous ownership of all obligation and
liability.
WAIVERS -A waiver by either party of any breach of any provisions hereof shall not be taken or held to
be a waiver of any succeeding breach of such provision or as a waiver of any provisions itself.No payment
or acceptance of compensation for any period subsequent to any breach shall be deemed a waiver of any
right or acceptance of defective performance.
Where the condition to be waived is a material part of the Contract such that its waiver is a material part of
the parties.the waiver must be supported by consideration and take the form of a Contract modification as
provided for elsewhere in this section.
ILLEGAL AND !NY ALID PROVISIONS -Should any term,provision or other part of this Contract be
declared illegal,it shall be excised and/or modified to conform to the appropriate laws or regulations.
Should any term,provision or other part of this contract be held to be inoperative.invalid,or
unenforceable,then such provision or portion thereof shall be formed in accordance with applicable laws or
regulations.In both cases the remainder of the Contract shall not be affected but shall remain in full force
and effect.
JOINT AND SEVERAL LIAB ILITY -If the CONTRACTOR is comprised of more than one individual,
corporation or other entity,each of the entities comprising the CONTRACTOR shall be jointly and
severely liable.
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BINDING EFFECT -The provisions,covenants,and conditions in this contract apply to bind the parties,
their legal heirs,representatives,successors and assigns.
AMENDMENT TO CONTRACT -No modification or Amendment of the terms hereof shall be effective
unless written and signed by the authorized representatives of all parties entitled to receive a right or
obligated to perform a duty under this Contract.A signed original is to be fastened to the original Contract
with signed copies retained by all parties.
The written modification is not to become effective for a period of seven (7)business days during which
time either party may revoke the writing upon delivery to the other party of a written notice of that effect,
dated and signed by a notary.
This contract is intended to conform in all respects to applicable statutes of the State of Iowa,and if any
part or provision of this contract conflicts with any applicable statue or law,the statue or law shall govern.
This contract is effective from the first day of November,1999 and shall expire on the 30"'day of
September,2000,with the provision,however,that the CITY may terminate this contract upon notice to the
CONTRACTOR when and if said CONTRACTOR shall fail to perform or by the provisions set forth
above.
IN WITNESS WHEREOF,the contracting parties have executed this Contract on the date first written
above executed in duplicate.
CITY OF WAUKEE,IOWA COMPANY
By::_
MAYOR
Mark J.Arentsen,Administrator/Clerk President
(SEAL)Date
PASSED AND APPROVED this 19th day of Oct b r 1999.
DonaldL.Bailey,Jr.,Mayo
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ROLL CALL VOTE AYES NAYS
Nicholas C.Gruber
Marvin Berger
Robyn S.Heath
Bill Peard
Larry Lyon
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