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HomeMy WebLinkAboutColumbia Meter Reading Inc - Meter Reading Services 2005-2008 CONTRACT FOR METER READING SERVICES This agreement is made and entered into between the City of Pasco, a municipal corporation of the State of Washington, hereinafter referred to as the "City", and Columbia Meter Reading, Inc., hereinafter referred to as the "Contractor". hi consideration of the mutual covenants and conditions herein contained the parties agree as follows: 11 SCOPE OF WORK The Contractor shall read or cause to be read all meters measuring the flow of water from the City water transmission system in accordance with written schedules and maps supplied by the City. Such schedules will provide for the reading of water meters from specified areas or parts thereof within the City's water system at regular intervals. Such schedules may be suspended or revised by the City if, in its sole discretion, such action is required. The reading of water meters shall consist of; accessing the water meter, raising or lifting the lid of the meter box (small metal flap), raising the small metal cover-plate on the meter, wiping any dust or dirt accumulated since the prior reading, reading the numerical readout on the meter, imputing the reading into the electronic handheld device or writing down the reading for future input into electronic handheld device, replacing the small metal cover-plate on the meter and closing the meter box lid. In most instances the contractor will be required to bend down and in some cases get down on their hands and knees to read a meter. There will a few meters were the contractor will be required to lift a heavy lid and climb down into a vault to obtain a reading. A vault is a confined space in which all applicable safety regulations must be followed. At the City's discretion, the contractor will also be required to replace broken meter box lids when found during the routine reading of a route. The City will provide the contractor with a supply of new meter box lids. All daily reading and other assignments shall originate and be dispatched from the Finance Department at Pasco City Hall located at 525 N. 3 Ave., Pasco, Washington. When reading meters, the Contractor shall check for and record obvious meter malfunctions and damages to the meter or the meter box or lid and report same to the City. If the Contractor deviates from the reading schedules provided by the City without prior approval (not having readings completed as scheduled) the City has the right to impose a penalty (see COMPENSATION). If the percentage of unread meters, excluding defective meters, is over 3% per book the City has the right to impose a penalty (see COMPENSATION). In addition to meter reading, the Contractor shall perform water meter turn-ons and turn-offs at the direction of the City and shall be responsible for emergency turn-on and turn-off services. The Contractor shall be available on a 24 hour basis, seven days a week, for such service. 1 z3`t It is against City Ordinance for any unauthorized person to turn-on or turn-off a water meter. Any costs associated with the repair or replacement resulting from a violation of that ordinance, plus a penalty fee, will be billed to the customer. 2. COMPENSATION. The City agrees to pay the Contractor at the rates shown in Exhibit A. 1 . For meter reading 2. For service turn-ons and tum-offs and simultaneous turn-ons and turn-offs. 3. For after hours and emergency turn-ons and turn-offs. "After hours" means a turn-on or tum-off assigned to/or received by the contractor after 5:00 p.m. and before 8 :00 a.m. the following day. 4. For re-reading meters City staff feels may not be accurate. 5 . For meter box lid replacements. 6. For testing of confined vault spaces. 7. The City has the right to impose a penalty for not having meter reading completed as scheduled, to be deducted from the next regular payment. 8. The City has the right to impose a penalty when the percentage of unread meters and/or reading errors exceeds 3% per book, to be deducted from the next regular payment. 9. The City has the right to impose a penalty in the event the Contractor cannot be reached and sends a public works employee to respond to a call. The amount due the Contractor for services for the month shall be calculated from the 26th to the 25th of each month and paid to by the 10th of the following month. 3. PERSONNEL REQUIREMENTS. The personnel used by the Contractor in connection with the services rendered hereunder shall be persons of good character. Moreover, such personnel must be dressed to distinctively indicate their status as personnel of the Contractor and the Contractor shall employ a standard uniform in the conduct of its business. A standard uniform may either have a patch sewn on clothing or a separate vest with the words 'METER READER' visible. The Contractor shall employ at least one regular employee to perform the work required in connection with the services to be rendered hereunder and shall have an adequate pool of reserve employees to fulfill the requirements specified herein within a reasonable amount of time. The City reserves the right to disapprove the continued use of any employee of the Contractor when it comes to the attention of the City that the employee has acted contrary to the best interest of the City in the performance of the services to be rendered hereunder. Such employee shall be immediately removed from performance of the services hereunder by the Contractor upon its receipt of written notice of disapproval from the City. 4, VEHICLE AND EQUIPMENT REQUIREMENTS. Vehicle and Equipment requirements are as follow: a. The Contractor shall supply at least two vehicles suitable for the services specified herein, not older than three years as of the date of this contract, identified with the words "WATER METER READER" (magnetic sign acceptable). b. The Contractor will provide a cellular telephone for each employee for immediate communication with the Finance Department at City Hall. c. The City will provide the Contractor with 2 pagers that shall be in the possession of the employee(s) or the reserve employee who has the immediate responsibility for the performance of the service requirements provided hereunder. d. All items of property provided to the Contractor by the City will remain the property of the City. The Contractor will be responsible for all property of the City delivered unto its custody until it is returned to the City. It shall provide or obtain written receipts therefore as required by the City Finance Manager. All property shall be returned in good working condition, normal wear and tear excepted. e. The Contractor shall supply all tools necessary to perform the requirements of the contract. (See DAII Y REQUIREMENTS.) 5. CONTRACTOR'S EXPENSES. Costs and expenses incurred by the Contractor and/or its personnel in connection with the services rendered hereunder, except as maybe specifically stated otherwise herein, shall be the sole cost and expense of the Contractor including, but not limited, to fuel costs, vehicle maintenance expenses, uniforms, wages and other employee benefits. 6. DAILY REQUIREMENTS. Monday through Friday of each week, except in the case of a holiday, the Contractor shall report to the Utility Billing Manager, or designee, at approximately 9:30 a.m., 12:30 p.m. and 4:30 p.m., to be given a schedule of work, including delinquent turn offs, hangers, re-reads, other turn ons and turn offs, and reads, if any, as prepared by the City. All work orders given to the Contractor must be completed and returned to the office at the next scheduled arrival. Any deviations from the schedule must be cleared through the Utility Billing Manager, or designee. Any work orders that are not completed in accordance for the schedule will not be compensated unless the deviation is approved by the Utility Billing Manager, or designee. The Contractor shall be available to the City by pager or by telephone 24 hours a day for the assigning of emergency water service turn-ons and turn-offs. It shall be the responsibility of the Contractor to keep any answering service used informed of which employee's are on call for emergency turn-ons and turn-offs. Emergency turn-ons and turn-offs shall be performed expeditiously, within 30 minutes of assignment, to minimize any potential property damage. Meter readings shall be performed within the schedule designated by the City but the actual hours worked by the Contractor in the performance of meter reading shall be at the Contractor's discretion, so long as the meter reading is performed within said schedule. Monday through Friday, as previously specified, the Contractor or a specifically designated employee of the Contractor shall give to the Utility Billing Manager, or designee, all required records of water turn-ons and turn-offs and meter readings performed by the Contractor's personnel but not yet reported to the City. The Contractor or its employees are not authorized to collect nor shall they collect any monies whatsoever from the City s utility customers for services performed or for payments on account. Each employee of the Contractor must have the following meter reading equipment available to them at all times: a flat-head screwdriver; a key for large meters; a key for padlocks used for lock- offs; a water pump; a shovel; a pick; blue paint; and door hangers. 7. PERSONNEL TRAINING. The Contractor shall insure that all employees are properly trained, to the City's satisfaction, in the methods by which meters are to be read and the results recorded, and to insure the meters are read accurately and without damage to City property in accordance with the schedules established by the City. Contractor shall fiuther insure that all employees are trained as to the location of the City's water meters for readings and service turn-ons and turn-offs without damage to the meters or others property. 81 ACCURACY OF READINGS. The accuracy for each meter reading and the reporting thereof shall be the responsibility of the Contractor and/or its personnel. Re-reads requested by the City shall be without compensation to the Contractor if the original read was in error. If a meter is re-read and no error is found to have occurred the Contractor shall be compensated by the City at the rate shown in Exhibit A. 91 ACCESSIBILITY OF METERS. It is acknowledged by both parties that the City's water meters can be obscured from vision by physical elements, water and/or other materials. It is the responsibility of the customer to keep the meter free from overgrown shrub growth and debris and to maintain the area around the meter to allow easy access for meter reading purposes. If a meter is obscured from vision due to water or dirt in the meter box, the Contractor and/or its personnel shall be required to pump out the water or dig out the dirt and obtain a reading. If a meter is unable to be found, due to it being covered by substantial sand, dirt or other debris, then the meter reader shall have the responsibility of leaving a door hanger at the location and reporting such failure to find the meter and the reason therefore on their report sheet for follow-up action by the City and shall be paid at the regular meter reading rate. If the meter reader cannot obtain a meter reading for safety reasons (i.e., a mean animal in the area), the reader shall try to obtain the residence's assistance, or leave a door hanger explaining when he/she will return to obtain a reading. If, upon returning, the animal is still loose and a reading cannot be obtained, the reader will leave another door hanger notifying the customer the reading will be estimated. The reader must keep a log of the addresses that have been left a hanger, the date it was left, and the reason the hanger was needed. The log should be turned into the Finance Department along with the readings for that particular route and the contractor shall be paid at the regular meter reading rate. 10. INCLEMENT WEATHER/SUSPENSION OF METER READING SERVICES. Parties recognize that snow or extreme cold or other weather conditions may substantially affect the accessibility of City water meters and their susceptibility to damage from the cold if a reading is attempted. The City, in its sole discretion, shall have the authority to suspend meter reading for such periods of time deemed appropriate and reasonably necessary. 11. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1 . Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3 . Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1 . Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1 ,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $ 1 ,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1 . The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall famish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 12, INDEMNITY. In the performance hereunder, Contractor is an independent contractor, the City being interested only in the result obtained. The manner and means of conducting such work will be under the sole controls of Contractor, except as herein specifically provided. However, all work performed hereunder will be done in accordance with the provisions hereof and be subject to the right if of inspection by the City and its representatives. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24. 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Contractor agrees to indemnify the City for loss or damage to any of the City's property or equipment issued or obtained in connection with the work to be performed hereunder. 13. REQUIREMENTS OF LAW. In the performance of the work provided for herein, the Contractor agrees that it shall be conducted in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any government agency or regulatory body, either municipal, state or federal. The Contractor expressly agrees that in the performance of work hereunder compliance will be had with the applicable provisions of the Fair Labor Standards Act of 1938 as amended, and with all valid regulations having applications thereto. The Contractor assumes sole responsibility for the payment of all contributions, payroll taxes or assessments, state or federal, as to all employees engaged in the performance of work hereunder, and further agrees to meet all requirements that may be specified under regulations of administrative officials or bodies charged with enforcement of any state or federal act, upon the subject referred to. The Contractor assumes and agrees to pay any and all gross receipts, compensation, use, transaction, sale, or other taxes or assessments of whatever nature or kind levied or assessed as a consequence of the work to be performed or on the compensation to be paid hereunder. 14. ATTORNEYS FEES AND COSTS. For the purpose of this Contract, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Contract, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 15. TERM OF CONTRACT/TERMINATION. The term of this contract shall be for a period beginning 12:00 a.m. April 1 , 2005 and ending at 11 :59 p.m. March 31 , 2008, unless earlier terminated as provided hereunder. Either party may, without cause, terminate this contract by providing 90 days written notice to the other. Either parry has the right to terminate this agreement if the other defaults in performing any of the covenants and agreements contained in, provided that prior thereto the party terminating the contract shall have given the other party written notice of the facts constituting the default and the other party shall have not remedied the same within thirty days of the receipt of the notice. Upon mutual agreement of both parties, this contract may be extended for one additional year term. 16. COMPLETE AGREEMENT. This agreement is the whole and complete agreement of the parties, superceding and replacing all others and may not be replaced, modified or revoked without the same being in writing signed by all of the parties. In witness whereof, the parties hereto have executed this agreement this 18th day of April 2005. CONT Repr enta ve: ti/•j —Q4KM&vT CbLarnmA M� 46M4 CPI OF PASC ichael Garrison, Mayor ATTEST: Sandy Ke orthy, Deputy City C rk APP OVED AS TO FORM: Lel d err, City 1-Attorney Exhibit A COMPENSATION: The City agrees to pay the contractor at the following rates: As of April 1 , 2005 2006 2007 1 . Per meter Read $1 .22 $ 1 .32 $ 1 .37 2. Per tum-off or turn-on 3.68 3.97 4. 13 and simultaneous tum-ons and turn-offs 3 . per non-scheduled after hours call out 36.96 39.92 41 .52 "After hours" means a turn-on or turn-off assigned to/or received by the contractor after 5 :00 p.m. and before 8 :00 a.m. the following day. 4. per re-read, where the read turns out to be correct 6. 16 6.65 6.92 where the read turns out to be incorrect 0.00 0.00 0.00 5. per meter box lid replacement If done by work order 6.00 6.00 6.00 If done while on route being read 0.00 0.00 0.00 Contractor will carry a small inventory of concrete meter box lids provided by the City and replace damaged lids. 6. per testing of confined vault spaces, per vault 12.32 13 .31 13.84 Penalties: 7. There shall be a $50.00 penalty for not having meter reading completed as scheduled. 8. There shall be a $50.00 penalty when the percentage of unread meters exceeds 3% per book. 9. There shall be a $50.00 penalty when the City sends a public works employee to respond to a location when the Contractor cannot be reached.