HomeMy WebLinkAboutRes1992-172
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Sponsored by: Schaefermeyer
CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF S.EWARD, ALASKA, APPROVING A CONTRACT WITH
SEWARD ALUMINUM FABRICATION/MARINE WELDING
FOR METER READING SERVICES
WHEREAS, the city of Seward requested proposals to provide meter reading
services for the city's utilities; and
WHEREAS, only two proposals were received in response to the city's properly
advertised RFP; and
WHEREAS, Garrett Schnell, dba Seward Aluminum Fabrication/Marine Welding,
submitted the lowest proposal; and
WHEREAS, Garrett Schnell, dba Seward Aluminum Fabrication, has provided
quality meter reading services for the city for the past two years;
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 execute a contract with
Garrett Schnell, dba Seward Aluminum Fabrication/Marine Welding, to provide meter
reading services to the city of Seward. A copy of the contract is attached and
incorporated herein by reference.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
12th day of October, 1992.
THE CITY OF SEWARD, ALASKA
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J~s Krasnansky, Acting Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-172
AYES:
NOES:
ABSENT:
ABSTAIN:
A TrEST:
Bencardino, Crane, Krasnansky, Sieminski, Swartz & White
None
None
None
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the city of
Seward, Alaska
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(City Seal)
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Fred B. Arvidson
City Attorney
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CONTRACTUAL AGREEMENT FOR THE READING OF ELECTRICAL AND WATER METERS
WITHIN THE CITY OF SEWARD, ALASKA ELECTRICAL SERVICE AREA
THIS AGREEMENT, entered into this q~ day of October , 1992, by aJ,d
between the City of Seward, a municipal corporation, organized 'under ar.d
operating pursuant to the laws of the state of Alaska, hereinafter referr~d
to as the "City"; and Garrett R. Schnell d/b/a Seward Alumi.num hereinaft('r
referred to as the "contractor", as follows: Fabricators
WHEREAS, said Contractor has, by sealed proposal, offere.i to service tt,e
entire city of Seward's Electrical Service area within a designated tir.e
frame in accordance with this Agreement;
NOW, THEREFORE, IT IS AGREED BYANOu BETWEEN THE CITY AND SAID C?NTRACTOR,
that:
1. The Contract for reading electrical and water meters of businesses al'd
residences of the Seward Electrical Service area is hereby award~d to said
Contractor.
2. The Contractor will comply with the terms and provisions of all Ci~y
ordinances and charter provisions, and will follow requlatic1ns of the City c.f
Seward in connection therewith.
.3. The Contractor shall report any violation of the City ordinan<';es to tte
City Engineer/utilities Manager or his designated authority.
4. The Contractor may not sell, assign, sublet, or allow a:nother to use tte
Agreement, unless the Council gives its consent. Nothing in th~s secti~n
shall limit the Contractor's right to mortgage its property, no~ shall it
restrict the rights of the purchaser, upon foreclosure sale to operate tre
same, except that such mortgages or purchaser shall be subject to tte
provisions of the City Charter of Code.
S. The Contractor shall furnish and operate safe equipment. Such equipmer.t
and vehicles shall at all times throughout the term of the co'ntract 1:e
operated and maintained in proper and safe working order to minimi~e risk cf
injury to persons and property.
6. The Contractor shall service all sections of the Seward Electrical
Service area on the route and schedule prescribed by the city.
7. The Contractor shall purchase and maintain the following insurance durir.g
the term of the Contract:
A. WORKERS' COMPENSATION
EMPLOYER'S LIABILITY
. Workers' compensation and Occupational Disability Insurance in
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compliance with all state and federal regulations in the jurisdictic,n
where the work is to be performed, including the following speciCll
coverage extensions:
1. Employer's Liability coverage with limits of not less than:
--$1, 000, OOO/accident
--$1,OOO,OOO/disease
--$l,OOO,OOO/policy limit
Special provisions:
(1) If coverage is provided by a state Fund, or if Contractor hZ's
qualified as a self-insurer, separate certification must be furnish~d
that coverage is in the State Fund or that Contractor approval to be a
self-insurer.
(2) Any policy of- lnsuranee must contain a provision or endorsemer,t
providing that the insurer's rights of subrogation against the City c'f
Seward and its emRloyees are waived.
B. COMPREHENSIVE GENERAL LIABILITY
Comprehensive General LiabIlity Insurance with limits of:
--$l,OOO,OOO/person and $l,OOO,OOO/occurrence for bodily injury,
sickness, or death, and $1,000,000 per o.ccurrence for damage to
property, or $1,000,000 per occurrence combined single limit for bodily
injury and property damage.
or:
commercial General Liability Insurance with limits of:
--$l,OOO,Ooo General Aggregate Limit (Other than Pz"oducts-completEi
Operations)
--$1,000,000 Products-completed operations Aggregate I,imit
--$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 th,
contract.
(2) Deletion of any exclusion for explosion, collapse, and undergrou~d
damage.
special policy provisions:
This insurance policy and any extension or renewals thereof must contain
the following provisions or endorsements:
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(1) ci ty of Seward is an additional insured thereu.nder as respect. s
liability arising out of or from the work performed by Contractor <"f
city of Seward.
(2) Insurer waives all rights of sUbrogation against City of Seward ar.d
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 ard
property damage.)
Special policy provisions:
This insurance policy and any extension or renewals the~eof must contain
the following. provia-ions- 0:1"-- endersements:
(1) City of Seward is an additional insured thereunder as respects
liability arising-out of or from the work performed by Contractor cr
city.
(2) Insurer waives all rignts ofsllbrogation against City of Seward ar.d
its employees and elected officials.
(3) The insurance coverage is primary to any comparable liability
insurance carried by the City of Seward.
WATERCRAFT
In the event the work involves the Use of watercraft, full Fot iTI
Protection and Indemnity coverage, including crew coverage with a limit
of $l,OOO,OoO each occurrence or the value of the vessel involved,
whichever is greater.
E. AIRCRAFT
In the event the work involves the use of aircraft, drcraft liabUit
coverage for owned and non-awned- aircraft with a limit c
$l,OOO,OOO/passenger seat or $5,000,000 per occurrence, whichever i
greater.
Prior to commencement of any work under this Contract by Contractor or any c
its subcontractors, Contractor will provide the City with certificates c
insurance evidencing that Contractor and its subcontractors are in complianc
with all of the above requirements. Said certificates will provide that tt
City will be given thirty (30) days prior notice of cancellation or materia
alteration of any of the insurance policies specified in the certificate
Upon request, Contractor shall permit the city to exar'line any of tt
insurance policies specified herein. Any deductibles c.r exclusions i
.coverage will be assumed by the Contractor, for account of and at the sol
risk of the Contractor
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The minimwn amounts and types of insurance provided by the Contractor shall.
be subject to revision at the city's request in order to provide continuousl:!
. throughout the term of the Agreement and any extension hereof, a level C i:
protection consistent with good business practice and accepted standard (1'
the industry. Such factors as increases in the cost of living, inflationary
pressures, new risk and other conditions shall be utilized in assessir,r
whether the minimum insurance requirements should be increased or changed
from the types and amounts noted above.
8. The Contractor shall furnish to the City Clerk a Certificate of Deposjt
(CD) with a term of one (1.) year, or the term of the contract, in the amOUJ \ ,.
of $1350.00 (accrued interest payable to the Contractor), payable to the Cit.y
of Seward. The City may, at its discretion, use the proceeds to pay the co~:'.:
of performing meter reading services, or hiring another contractor to perf 01 '"
such services if the Contractor fails to perform this Contract in ,"r;
acceptable manner in accordance with the provisions of the Contract.
9. The Contractor sha'l:r-ae~--entitl:ed-to receive as compensation for ttu
services rendered in accordance with the Agreement, Enclosure "A" - Fl (;
Schedule. A monthly fee will be paid in the amount of $-Ot;p 'rhnl1""ng Seven __
Hundred Ninety-Five- ($l.795.00) based on app:roximateJ y
2100 electric meters, 65 door hangers, and 40 water meters. The Contract f~e
will be adjusted based on unit p~ice when there is a 10% increase or decrea~.e
in the number of meters or door'hangers from the amount specified above.
10. The Contractor shall supply the City an accurate record qf service
performed for billing purposes' as designated by the Electric Utility
. Department.' '.
11. The Contract under this Agreement is for a period of one (1) ye<,r
commencing on November L 1992. , with the option to extend, upon satisfactol y
performance, for up to three (J) addi tional one (1) year terms upon tt e
annual offerings of the city. If the City makes such an offer, tt (
Contractor will have not more than 30 days to accept of refuse the offer.
12. This contract anticipates that 100\ of the meters will be accuratel
read each month between the 12th and l7th day of the month. If U
contractor fails to read all of the meters, submits inaccurate data or fail
to complete the reading within the specified time period, for whatevE
reason, including but not limited to adverse weather conditions, deep snow (
personal illness, the City at its discretion may have the ml3ters read by it
employees, and the Cities cost deducted from the contract payments. However
the contractor will not be responsible to read meters inaccessible due t
customers actions such as, but not limited to, locked buildings, failure t
remove snow covering the meter, and failure to restrain a vicious animo
provided the contractor has made a reasonable effort to read the meter and t
contact the customer and has advised the City of the problem.
13. The terms and conditions of this Contractual Agreement may be declar~
terminated, null and void, at any time by written mutual consent; provide,
however, that in the event of such a prior termination hereof, SU(
.termination shall take effect not sooner than 90 days after the date of saj.
written mutual consent, unless an earlier day is acceptable to the City.
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14. A penalty will be deducted from the Contractor's mon1:hly earnings f<'r
incorrectly read or missed meter readings. The cities cost of responding to
customer complaints regarding incorrect or esti.ated billings often exceeds
. the amount of a bill, not withstanding the loss of confidence of H.e
customer. Therefore, a penalty equalling 5% of the Cont.ractor's monthly
earnings will be deducted from the Contractor's payment anytime the total
erors determined by computing the sum of the incorrect readings ~nd unread
meters exceeds 2 1/2% of the total number of meters required to be read that
~onth. 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 co~,t
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.
15. The city may terminate this Agreement at any time if the Contractcr
defaults in any of its provisions, or if the Contractor fails to provide t~e
services required.. by.t,h.iJL~q~_e_emetlt J..1l .A proper and workmanlike m~nner.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the city
of Seward by its City-Manager and City Clerk, as instru<:ted by the City
Council of the City of Seward, Alaska, at its regular meetlng of October 12,__
1992 , with the corpora1:eseal hereunto affixed on the __ day cf
October 19.!lL. -
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Garre t R. Schnell I
d/b/a Seward Aluminum 'Fabrication/
Marine Welding
THE CITY OF SEWMID, ALASKA
CITY MANAGER
ATTEST:
APPROVED AS TO }i'ORM:
PERKINS COlE, At~torneyE', for the
city of Seward, Alaska
~M~
City Attorney
(city Seal)
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ATTACHMENT TO THE CONTRACTUAL AGREEMENT FOR THE READING OF THE ELECTRICATJ
AND WATER METERS IN THE SEWARD ELECTRICAL SERVICE AREA, SEWARD, ALASKA
DOCUMENT OF INDEMNITY
Fabrication/Marine Welding
Garrett R. Schnell d/b/a Seward Aluminum hereinafter referrE!d to as tbe
"Contractor" shall be responsible from the time of the beginning of the metEr
reading operations, for all injury or damage of any kind re3ulting from said
operations, to persons or property regardless of who may be the owner of tt.e
property. In addition to the liability imposed upon the Contractor (In
account of personal injury (including death) or property damage suffert:'d
through the Contractor's negligence, which liability is not impaired (.r
otherwise affected hereunderr.tAe. Ccmtr-actor assumes the obI igation to sa\ e
the City of Seward harmless and to indemnify the City of Seward from evelY
expense, liability or payment arising out of or through injury (includiJ.g
death) to any person or' persons or damage to property (regardless of who m(~.y
be the owner of the property) of any place in which work is located, arisir.g
out of or suffered through any act or omission of the Contractor, or aLY
Subcontractor, or anyone directly or indirectly employed by or under U e
supervision of any of them in the prosecution of the opera1:ions included in
this Contract.
.IN WITNESS WHEREOF, the parties hereto have executed this agreement, the d~y
and year first above written.
CITY OF SEWARD
(owne~
By: ~ --1;
Title: city Manaaer
Date:
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Garrett R. Schnell d/b/a Seward Aluminu
:::~ ~m:i) -
(Authorized Signat:ure)
Title: O~~
Date: \o\~to)?-
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'.CLOSURE "A"
BID SCHEDULE/FEE SCHEDULE
METER READING CONTRACT
The proposer shall insert the price in figures and words in the fee schedule.
Note:
Where there is a difference between the written amount and the
amount shown in figures, the written amount will be consider.;;d
correct. Failure to provide proposed prices both written out a;vi
in figures may be grounds to reject the bid.
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proposed Item (1) Read' approximately 2100 electric meters within the Sewa)-d
Eleet:t1c-Serv1ce ~ Mea:.
Unit Price Per Each Mete;': . '8::>
(Written out) $~~~
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Proposed Item (2) Deliver approximately 65
Electric Service Area.
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) Un t Pr ce Each Door Hanger:
door hangers wi.thin the Seward
For 1 to 30
OV\e...
(Wri.tten Out) $
de \lorl' eA~
For over 30
(Wr'itten Out) $_
CiII=o...~
(b) Unit Price Each Door Hanger:
****.**.....*******.*****.***.*****.***k..*********.**********************i
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Proposed Item (3) Read approximately 40 water meters within the City of
S~ward city limits.
Unit Price Per Each Meter: $" I. 00
~4o~C)o
(Written Out) $ ,.n;;;-f...,.do \l~ <t.
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(Written out) $.otW., ~lL \~
Total Price for 40 Meters:
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ENCLOSURE flAil (continued)
.TAL BID PRICE: ~
(1) Unit Price $ ..-00 x 2100 - $ 1lcce,c .00
(2) Unit Price (a) $J.ao x .~ - $ 80. co
unit Price (b) $ 1.00 x ~ - $ 4) ,C)<:)
(3) unit Price $~ X 40 '"" $ ~ .O<!)
Total Bid Price (1 + 2 + 2 +3) - $ 11 ~5', 00
(Written out) $ GJ~"1ho,^s~ _ ~eJ1hII,..)VvdtJ t'\'I~AE- d~\lO\o.~~
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CONTRACTORS LICENSE NUMBER:~
EXPIRES:
BUSINESS ADDRESS: t.o. ~ eB~Z-'
Se.-1~ ~ ~~("fo<t
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TELE:PHONE :2Z4- 72... ~="
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