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HomeMy WebLinkAboutRes1994-180 . . . Sponsored by: Jones CITY OF SEWARD, ALASKA RESOLUTION NO. 94-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DERRALD J. HILDERBRAND TO PROVIDE METER READING SERVICES WHEREAS, the city's meter reading contract with Garrett Schnell expires on October 31, 1994; and WHEREAS, Mr. Schnell has notified the city that he is not interested in renewing the meter reading contract; and WHEREAS, the city requested proposals for meter reading services in accordance with standard city bid procedures; and WHEREAS, of the three proposals received, the one submitted by Derrald Hilderbrand was the lowest cost proposal to the city; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to enter into a contract with Derrald J. Hilderbrand to provide meter reading services to the City of Seward. Section 2. A copy of the contract is attached and incorporated herein by reference. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 26th day of September, 1994. THE CITY OF SEWARD, ALASKA f1~ lA0. C~ Dave W. Crane, Mayor CITY OF SEWARD, ALASKA RESOLUTION NO. 94-180 AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien, Sieminski None None None ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~~~ City Attorney (City Seal) , . CITY OF SEWARD .,'~" _. . . Main Office (907) 224-3331 . Police (907) 224-3338 . Harbor (907) 224-3138 . Fire (907) 224-3445 . Telecopier (907) 224-3248 P.O. BOX 167 SEWARD. ALASKA 99664 CONTRACTUAL AGREEMENT FOR THE READING OF ELECTRICAL METERS WITHIN THE CITY OF SEWARD, ALASKA ELECTRICAL SERVICE AREA THIS AGREEMENT, entered into this 26th day of Seotember, 1994, by and between the City of Seward, a municipal Corporation, organized under and operating pursuant to the laws of the State of Alaska, hereinafter referred to as the "City"; and Derrald L Hilderbrand hereinafter referred to as the "Contractor". as follows: WHEREAS, said Contractor has, by sealed proposal, offered to service the entire City of Seward's Electrical Service area within a designated time frame in accordance.with this Agreement; NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE CITY AND SAID CONTRACTOR. .th.at: The Contract for reading electrical meters of businesses and residences and the delivery of door hangers of businesses and residences of the Seward Electrical Service area is hereby awarded to said Contractor. . 2. The Contractor will comply with the terms and provisions of all City ordinances and charter provisions. and will follow regulations of the City of Seward in connection therewith. 3. The Contractor shall report any violation of the City ordinances to the City Engineer/Utilities Manager or his designated authority. 4. The Contractor may not sell, assign, sublet, or allow another to use the Agreement, unless the Council gives its consent. Nothing in this section shall limit the Contractor's right to mortgage its property, nor shall it restrict the rights of the purchaser, upon foreclosure sale to operate the same, except that such mortgages or purchaser shall be subject to the provisions of the City Charter of Code. 5. The Contractor shall furnish and operate safe equipment. Such equipment and vehicles shall at all times throughout the term of the contract be operated and maintained in proper and safe working order to minimize risk of injury to persons and property. 6. For proper identification purposes when reading meters or delivering door hangers, the City will provide a City picture identification card, a vest, a jacket and magnetic identification for the vehicle. all of which will be required to be used by the Contractor. METER READING CONTRACT CITY OF SEWARD Pa!!e 2 7. The Contractor shall service all sections of the Seward Electrical Service area on the route and schedule prescribed by the City. 8. The Contractor shall purchase and maintain the following insurance during the term of the Contract: A. WORKERS' COMPENSATION EMPLOYER'S LIABILITY Workers' compensation and Occupational Disability Insurance in compliance with all state and federal regulations in the jurisdiction where the work is to be performed, including the following special coverage extensions: 1. Employer's Liability coverage with limits of not less than: --$1 ,000,000/ accident --$I,OOO,OOO/disease --$I,OOO,OOO/policy limit Special Provisions: (1) If coverage is provided by a State Fund, or if Contractor has qualified as a self-insurer, separate certification must be furnished that coverage is in the State Fund or that Contractor approval to be a self-insurer. (2) Any policy of insurance must contain a provision or endorsement providing that the insurer's rights of subrogation against the City of Seward and its employees are waived. B. COMPREHENSIVE GENERAL LIABILITY Comprehensive General Liability Insurance with limits of: --$I,OOO,OOO/person and $1,OOO,OOO/occurrence for bodily IUJUry, sickness, or death, and $1,000,000 per occurrence for damage to property, or $1,000,000 per occurrence combined single limit for bodily injury and property damage. or: . . . METER READING CONTRACT CITY OF SEWARD Pal!e 3 Commercial General Liability Insurance with limits of: --$1,000,000 General Aggregate Limit (Other than Products-Completed Operations) --$1,000,000 Products-Completed Operations Aggregate Limit --$1,000,000 Personal and Advertising Injury Limit --$1,000,000 Each Occurrence Limit --$ 50,000 Fire Damage Limit (Any One Fire) --$ 5,000 Medical Expense Limit (Any One Person) Including the following coverage: (1) Contractual Liability covering the liability assumed in the Contract. (2) Deletion of any exclusion for explosion, collapse, and underground damage. Special Policy Provisions: This insurance policy and any extension or renewals thereof must contain the following provisions or endorsements: (1) City of Seward is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of City of Seward. (2) Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. (3) The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. C. AUTOMOBILE LIABILITY (All owned, hired, and non-owned vehicles - $1,000,000 combined single limit each occurrence for bodily injury and property damage.) Special Policy Provisions: This insurance policy and any extension or renewals thereof must contain the following provisions or endorsements: (1) City of Seward is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor or City. (2) Insurer waives all rights of subrogation against City of Seward and its employees and elected officials. METER READING CONTRACT CITY OF SEWARD Paee 4 (3) The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. D. WATERCRAFT In the event the work involves the use of watercraft, full Form Protection and Indemnity coverage, including crew coverage with a limit of $1,000,000 each occurrence or the value of the vessel involved, whichever is greater. E. AIRCRAFT In the event the work involves the use of aircraft, aircraft liability coverage for owned and non- owned aircraft with a limit of $l,OOO,ooo/passenger seat or $5,000,000 per occurrence, whichever is greater. Prior to commencement of any work under this Contract by Contractor or any of its subcontractors, Contractor will provide the City with certificates of insurance evidencing that Contractor and its subcontractors are in compliance with all of the above requirements. Said certificates will provide that the City will be given thirty (30) days prior notice of cancellation or material alteration of any of ,'- insurance policies specified in the certificate. Upon request, Contractor shall permit the City to ex an any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of and at the sole risk of the Contractor The minimum amounts and types of insurance provided by the Contractor shall be subject to revision at the City's request in order to provide continuously throughout the term of the Agreement and any extension hereof, a level of protection consistent with good business practice and accepted standard of the industry. Such factors as increases in the cost of living, inflationary pressures, new risk and other conditions shall be utilized in assessing whether the minimum insurance requirements should be increased or changed from the types and amounts noted above, 9. The Contractor shall be responsible from the time of the beginning of the meter reading operations, for all injury or damage of any kind resulting from said operations, to persons or property regardless of who may be the owner of the property. In addition to the liability imposed upon the Contractor on account of personal injury (including death) or property damage suffered through the Contractor's negligence, which liability is not impaired or otherwise affected hereunder, the Contractor assumes the obligation to save the City of Seward harmless and to indemnify the City of Seward from every expense, liability or payment arising out of or through injury (including death) to any person or persons or damage to property (regardless of who may be the owner of the property) of any place in which work is located, arising out of or suffered through any act or omission of the Contractor, or an.v Subcontractor, or anyone directly or indirectly employed by or under the supervision of any of r in the prosecution of the operations included in this Contract. . .. 15. 16. . METER READING CONTRACT CITY OF SEWARD Pa~e 5 10. The Contractor shall furnish to the City Clerk a Certificate of Deposit (CD) with a term of one (1) year, or the term of the Contract, in the amount of $1,500.00 (accrued interest payable to the Contractor), payable to the City of Seward. The City may, at its discretion, use the proceeds to pay the cost of performing meter reading services, or hiring another contractor to perform such services if the Contractor fails to perform this Contract in an acceptable manner in accordance with the provisions of the Contract. 11. The Contractor shall be entitled to receive as compensation for the services rendered in accordance with the Agreement, Enclosure "A" - Fee Schedule. A monthly fee will be paid in the amount of one- thousand five-hundred seventy-five dollars ($1,575.00) based on approximately 2100 electric meters. A minimum fee of fortY dollars ($40.00) for one to thirty door hangers and a unit price of one dollar ($1.00) for each door hanger over thirty (30) on a monthly basis. The Contract fee for the electric meters will be adjusted based on unit price when there is a 10% increase or decrease in the number of meters from the amount specified above. 12. The Contractor shall supply the City an accurate record of service performed for billing purposes as designated by the Electric Utility Department. The Contract under this Agreement is for a period of one (1) year commencing on October 1. 1994, with the option to extend, upon satisfactory performance, for up to three (3) additional one (1) year terms upon the annual offerings of the City. If the City makes such an offer, the Contractor will have not more than 30 days to accept or refuse the offer. 14. This contract anticipates that 100% of the meters will be accurately read each month between the 11th and 20th day of the month. No meters are to be read on Sundays. If the contractor fails to read all of the meters, submits inaccurate data or fails to complete the reading within the specified time period, for whatever reason, including but not limited to adverse weather conditions, deep snow or personal illness, the City at its discretion may have the meters read by its employees, and the Cities cost deducted from the contract payments. However, the contractor will not be responsible to read meters inaccessible due to customers actions such as, but not limited to, locked buildings, failure to remove snow covering the meter, and failure to restrain a vicious animal provided the contractor has made a reasonable effort to read the meter and to contact the customer and has advised the City of the problem. The terms and conditions of this Contractual Agreement may be declared terminated, null and void, at any time by written mutual consent; provided, however, that in the event of such a prior termination hereof, such termination shall take effect not sooner than 90 days after the date of said written mutual consent, unless an earlier day is acceptable to the City. A penalty will be deducted from the Contractor's monthly earnings for incorrectly read or missed meter readings. The Cities cost of responding to customer complaints regarding incorrect or estimated billings often exceeds the amount of a bill, not withstanding the loss of confidence of the customer. Therefore, a penalty equalling 5% of the Contractor's monthly earnings will be deducted from the Contractor's METER READING CONTRACT CITY OF SEWARD Pal!e 6 payment anytime the total errors determined by computing the sum of the incorrect readings and unread meters exceeds 2 1/2 % of the total number of meters required to be read that month. Likewise, if the total errors exceed 2 1/2% up to 5% the penalty shall be 10%, and if the total errors exceed 5%, the penalty shall equal 5% of the Contractor's monthly earnings plus the Cities direct and overhead cost to read or re-read the meter and rebill the customers. An error rate in excess of 5 % for three consecutive months shall be cause for the City to enact the conditions of paragraph #8, or terminate the Contract. 17. The City may terminate this Agreement at any time if the Contractor defaults in any of its provisions, or if the Contractor fails to provide the services required by this Agreement in a proper and workmanlike manner. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the City of Seward by its City Manager and City Clerk, as instructed by the City Council of the City of Seward, Alaska, at its regular meeting of Seotember 26. 1994, with the corporate seal hereunto affixed on the _ day of Seotember. 1994. CONTRACTOR: THE CITY OF SEWARD, ALASKA By: Tyler Jones, City Manager Its: ATTEST: APPROVED AS TO FORM: WOHLFORTH, ARGETSINGER, JOHNSON & BRECHT, Attorneys for the City of Seward, Alaska Linda S. Murphy, City Clerk City Attorney (City Seal)