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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. ) 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. ) 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 ~ ROLL CALL VOTE AYES NAYS Nicholas C.Gruber Marvin Berger Robyn S.Heath Bill Peard Larry Lyon x X X X X