Metereaders - C110008 •
CITY OF TIGARD,OREGON
CONTRACT SUMMARY FQ,RM
(FORUMUSTACCOA&ANYEACF1 CON77UCTFORAUTHORmArrON)
Contract Title: Water Meter Reading Services—Bridge Agreement Number: C
Contractor: Metereaders,LLC Contract Total: $10,000.00-me
Contract Overview: Contractor will provide weekly meter reading_services in conjunction with the City', s.
own water meter reading crew,switching off each cycle.
This is a bridge agreement due to timing of LCRB schedule and need for service to
begin before staff can get before LCRB.
Type: ® Purchase Agreement Start Date: 12/20/2010 End Date: 02/28/2011
❑ Personal Service
❑ Public Improvement LCRB Award: Not Required Department: FIS—UB
❑ IGA
❑ Other: Contract Manager: Debbie Smith-Wagar
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Bridge ag_reement based on formal RFP
The Contractor is staff's recommendation for award of formal a$r gement.
Account String: FUND/DIVISION ACCOUNT AMOUNT
Year 1 600-2200 54001 $10,000.00
Year 2
Year 3
Year 4
Year 5
Approvals
Department Comments:
Department Signature: —
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contmct Li L 0 Y 0
CITY of TIGARD,OREGON
m ..
AGREEMENT FOR SERVICES RELATED TO
WATER METER READING SERVICES
THIS AGREEMENT made and entered into this 8"' day of December, 2010 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Metereaders, LLC,
hereinafter called"Contractor",collectively known as the"Parties."
RECITALS
WHEREAS,Contractor has submitted a bid or proposal to City to provide specific services;and
WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for
which City requires the services;and
WHEREAS,City and Contractor wish to enter into a contract under which City shall purchase the services
described in Contractor's bid or proposal;
THEREFORE,The Parties agree as Follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to water meter reading as detailed in Exhibit A—Scope of
Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire,unless otherwise terminated or extended,on February 28,2011. All services shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding Ten Thousand and No/100 dollars ($10,000.00)
for performance of those services described herein,which payment shall be based upon the following
applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the approval
by the City, and not more frequently than monthly. Payment shall be made only for work
actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Contractor,
for services performed or expenses incurred as of the date of the invoice. Payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
C. Contractor shall make payments promptly,as due,to all persons supplying labor or materials
for the prosecution of this work.
D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes
due, City may pay such claim and charge the amount of the payment against ftmds due or to
become due the Contractor. The payment of the claim in this manner shall not relieve
Contractor or their surety from obligation with respect to any unpaid claims.
G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess
of 40 hours in any one work week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
H. Contractor shall promptly, as due,make payment to any person, co-partnership, association
or corporation, famishing medical, surgical,hospital care or other needed care and attention
incident to sickness or injury to the employees of Contractor or all sums which Contractor
agrees to pay for such services and all moneys and sums which Contractor collected or
deducted from the wages of employees pursuant to any law, contract or agreement for the
purpose of providing or paying for such service.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
5. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
parry shall be invalid.
6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery,mail,or electronic transfer. The following addresses shall
be used to transmit notices,bills,payments,and other information:
CiTy of TiGARD METEREADERs,LLC
Attn:Debbie Smith-Wagar,Asst.Finance Director Attn:Lacey McEwen
Address: 13125 SW Hall Blvd. Address: PO Box 1902
Tigard,Oregon 97223 Lake Oswego,Oregon 97035
Phone: (503)718-2493 Phone: (503)624-7010
Fax: (503) 684-7297 Fax: (503)624-1801 -
Email Address: :;c;;nr r. r EmailAddress
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 28"' day of
February,2011 shall be accompanied by thirty (30) days written notice to the other party prior to the
date termination would take effect. There shall be no penalty for early termination. If City
terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered
prorated to the date of termination.
Standard Purchase Agreement—General Services Page 2
Revised—05/14/2007
S. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
9. FORCE MMEURE
Neither City nor Contractor shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the parties so disenabled, including but not restricted to, natural disaster,war, civil unrest,volcano,
earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually
severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so
disenabled shall within ten (10) days from the beginning of such delay,notify the other party in writing
of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall,however,make all reasonable efforts to remove or elizeinate
such a cause of delay or default and shall,upon cessation of the cause,diligently pursue performance of
its obligation under the Agreement
10. NON-DISCRIMINATION
Contractor agrees to comply with 0 applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant
to those laws.
11. INDEMNITY HOLD HARMLESS
Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands, judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor
or its subcontractors, agents, or employees under this contract, except, however, that the foregoing
shallnot apply to liability that arises out of City's sole negligence.
12. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractors
activities or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 TSO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Standard Purchase Agreement--General Services Page 3
Revised—05/14/2007
Coverage Limit
General Aggregate 2,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
B. Business Automobile Liability Insurance
If Contractor will be delivering any goods or services which require the use of a vehicle,
Contractor shall provide City a certificate indicating that Contractor has business automobile
liability coverage for all owned,hired,and non-owned vehicles. The Combined Single Limit per
occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional
insured and shall require written notice to City thirty (30) days in advance of cancellation. If
Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies
with this paragraph.
C. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract
that are either subject employers under the Oregon Workers' Compensation Law and shall
comply with ORS 656.017,which requires them to provide workers' compensation coverage
that satisfies Oregon law for all their subject workers or employers that are exempt under
ORS 656.126. Out-of-state employers must provide Oregon workers' compensation
coverage for their workers who work at a single location within Oregon for more than 30
days in a calendar year. Contractors who perform work without the assistance or labor of
any employee need not obtain such coverage. This shall include Employer's Liability
Insurance with coverage limits of not less than$500,000 each accident.
D. Insurance Carrier Rating
All coverage provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carrier(s)with an unacceptable financial rating.
E. Certificates of Insurance
As evidence,of the insurance coverage required by the contract,the Contractor shall furnish
a Certificate of Insurance to the City. No contract shall be effected until the required
certificates have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,
injury,or loss caused by negligence or neglect connected with this contract.
20. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert),attorney's fees and court costs on appeal.
Standard Purchase agreement—General Services Page 4
Revised—05/14/2007
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shah comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subcontractors
and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby
made a part of this agreement.
22. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
23. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction,the validity of the remaining terms and provisions shall not be affected
to the extent that it did not materially affect the intent of the parties when they entered into the
agreement.
24. INDUSTRIAL ACCIDENT FUND PAYMENT
Contractor shall pay all contributions or amount due the Industrial.Accident Fund form that Contractor
or subcontractors incur during the performance of this Agreement.
25. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. No modification of this Agreement
shall be effective unless and until it is made in writing and signed by both parties. No waiver,consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and signed
by both parties. Such waiver, consent, modification, or change if made, shall be effective only in
specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Contractor, by the
signature of its authorized representative, hereby acknowledges that Contractor has read this
Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
CiTst of TzGARD MErEREADERS,LLC
Wr
By:Authorized City Representative By:Authorized Contractor Representative
Date Date
Standard Purchase Agreement—General Services Page 5
Revised—05/14/2007
EXHIBIT A
SCOPE OF SERVICES
The Contractor shall convey all the meter information through a reciprocating electronic computer medium.
The City uses Sensus meter-reading software and Springbrook utility billing software.The Contractor shall
reading an average of 2,300 meters per week. The Contractor may read as few as 1,850 or as many as 5,500
meters in one week under either a prearranged or emergency situation. Any such prearranged or emergency
situation must be communicated by the Contractor to the City's Project Manager with 24-hours notice of
the situation. The Contractor shall be responsible for reading meters and communicating with City staff
regarding those meters. City staff will be responsible for all service requests and meter maintenance.The
Contractor shall have the ability to read multiple meter types including:
A en u
✓ Touch Read
✓ Visual Read
✓ Radio Read
A Badger
A Rockwell
A Metron
A Neptune
Contractor shall be expected to perform the following:
A. Provide the City with a listing of meters that will be,and subsequently were,read in a computerized
medium compatible with the City's utility billing software,Springbrook. It is expected that this process
will eliminate the need for City staff to generate a paper listing and manually input meter reads. An
electronic file will be available by noon each Friday.Meters in each file will need to be read by noon the
following Friday.Any meters not read in that timeframe will be considered a"misread"and subject to
the penalty outlined in Section H below unless pre-approved by the City.
B. The Contractor shall pick up any updates to the cycle before reading that cycle.
C. Contractor shall:
1. Follow the meter reading schedule provided by the City.This schedule is prepared on an annual
basis (calendar year). Contractor will be given a two-week notice if any of this information changes.
2. Accurately read each of the scheduled water meters;estimations will not be accepted.
3. Provide the actual read dates even if the meter was read in advance or late relative to the schedule.
D. Contractor shall read all meters listed,regardless if the meter is turned on or off. This includes making a
reasonable effort to access meters that are somewhat inconvenient to read. In the case of inclement
weather, the Contractor will be expected to read meters as long as City staff are reading meters. City
staff read meters unless the roads have been deemed unsafe for City crews.
E. Contractor shall note obvious problems,i.e.,broken meters,dead meters,leakage,high consumption,
etc.,or meters not listed,and report to the City. The City also notes if a house is vacant,for sale,or for
rent. in the event a meter is unreadable and there is a possibility of reading it later in the same reading
Standard Purchase Agreement—General Services Page G
Revised—05/14/2007
period, the reader will make at least one more attempt to acquire the reading. Any meters that are still
unreadable will be reported to the City. Any major leafs or hazards will be immediately reported to the
City via cell phone by the reader. Any and all major problems related to the meter service will be
electronically (email) reported upon completion of the Contractor's daily route.
F. Contractor,due to its visibility in the community,directly represents the City. Therefore,employees of
the Contractor shall will conform to any dress code required by the City and conduct themselves in a
manner that reflects the City in a professional way. Meter reading should take place between 7:00 a.m.
and 6.00 p.m.Monday through Friday.Any exceptions to this schedule need to be pre-approved by the
City.
G. Contractor shall agree to keep confidential all information provided by the City or obtained by the
awarded contractor through performance of reading meters.
H. Penalty Clause
1. Misreads. A meter misread requiring a reread by City staff will be grounds for a warning. An
administrative penalty of$10 will be assessed Contractor for a second meter misread and each
additional misread at a single location.
2. Posting Error. A posting error requiring a manual correction by City staff will be grounds for a
warning. An administrative penalty of$10 will be assessed Contractor for a second posting error
and each additional error on a single account.
I. Handheld—Radio Reads
For services under this Contract,the Contractor shall utilize the City's Handheld Computer and
software to capture radio read meters.
I Cost
The following per meter rates shall apply for the duration of this Contract:
1. .?assigned and Additional Prearranged Routes -$0.49 per meter
2. Emergency Routes—Assigned with less than two week notice-$0.59 per meter
The amount of meters read during the life of this Contract is estimated at 18,400.
Standard Purchase Agreement—General Services Page 7
Revised—05/14/2007
CITY OF TIGARD,OREGON
CONTRACT SUMMARY FORM
(FORMMUSTACCO"ANYF lCH CONTRACTFORAVTHORIZATTON)
Contract Title: dater Meter Reading Services—Bridge#2 Number:
Contractor: Metereaders LLC Contract Total: $10,000—est.
Contract Overview: Contractor will provide water meter reading services. Bridge to get full contract to
coincide with fiscal year.
Type: ❑ Purchase Agreement Start Date: April 15,2011 End Date: Tune 30, 2011
❑ Personal Service
❑ Public Improvement LCRB Award: N/A Department: FIS
❑ IGA
Z Other: General Services Contract Manager: Debbie Smith-Wagar
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Bridge—based on full agreement and RFP
Account String: FUND/DIVISION ACCOUNT AMOUNT
Year 1 600-2200 54001 $10,000
Year 2
Year 3
Year 4
Year 5
Approvals
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signae7
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract#
it CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
WATER METER READING SERVICES
THIS AGREEMENT made and entered into this 15`' day of April,2011 by and between the City of Tigard,a
municipal corporation of the State of Oregon, hereinafter called "City", and Nletereaders, LLC, hereinafter
called "Contractor",collectively known as the "Parties."
RECITALS
WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for
which City requires the services;and
WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services
described in Contractor's bid or proposal;
THEREFORE,The Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to water meter reading as detailed in Exhibit A—Scope of
Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire,unless otherwise terminated or extended,on June 30,2011. All services shall be completed prior
to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding Ten Thousand and No/100 dollars ($10,000.00)
for performance of those services described herein,which payment shall be based upon the following
applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the approval
by the City, and not more frequently than monthly. Payment shall be made only for work
actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Contractor,
for services performed or expenses incurred as of the date of the invoice. Payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials
for the prosecution of this work.
D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes
due, City may pay such claim and charge the amount of the payment against funds due or to
become due the Contractor. The payment of the claim in this manner shall not relieve
Contractor or their surety from obligation with respect to any unpaid claims.
G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess
of 40 hours in any one work week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
H. Contractor shall promptly, as due, make payment to any person, co-partnership, association
or corporation, furnishing medical, surgical, hospital care or other needed care and attention
incident to sickness or injury to the employees of Contractor or all sums which Contractor
agrees to pay for such services and all moneys and sums which Contractor collected or
deducted from the wages of employees pursuant to any law, contract or agreement for the
purpose of providing or paying for such service.
I. The Ci certifies that sufficient
ry funds are available and authorized for expenditure to finance
costs of this contract. Appropriations for future years are subject to approval by the Tigard
City Council during their annual budget process.
5. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall
be used to transmit notices,bills,payments,and other information:
CITY OF TIGARD METEREADERS,LLC
Attn:Debbie Smith-Wagar,Asst.Finance Director Attn: Lacey McEwen
Address: 13125 SW Hall Blvd. _address: PO Box 1902
Tigard,Oregon 97223 Lake Oswego,Oregon 97035
Phone: 503-718-2493 Phone: 503-624-7010
Fax: 503-684-7297 Fax: 503-624-1801
Email Address: Email Address: i«cr(c!l»(i"ic;Iticl:_t�,ir;
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 28`h day of
February, 2011 shall be accompanied by thirty (30) days written notice to the other party prior to the
date termination would take effect. There shall be no penalty for early termination. If City
Water Meter Reading GSA Page 2
terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered
prorated to the date of temnnation.
8. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are directly
pertinent to this agreement for the purpose of making audit,examination,excerpts and transcripts.
9. FORCE MAJEURE
Neither City nor Contractor shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the parties so disenabled including but not restricted to, natural disaster,war, civil unrest,volcano,
earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually
severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so
disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing
of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate
such a cause of delay or default and shall,upon cessation of the cause,diligently pursue performance of
its obligation under the Agreement.
10. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant
to those laws.
11. INDEMNITY/HOLD HARMLESS
Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands, judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor
or its subcontractors, agents, or employees under this contract, except, however, that the foregoing
shall not apply to liability that arises out of City's sole negligence.
12. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's
activities or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Water Meter Reading GSA Page 3
Coverage Limit
General Aggregate 2,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
B. Business Automobile Liability:Insurance
If Contractor will be delivering any goods or services which require the use of a vehicle,
Contractor shall provide Citv a certificate indicating that Contractor has business automobile
liability coverage for all owned,hired,and non-owned vehicles. The Combined Single Limit per
occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional
insured and shall require written notice to City thirty (30) days in advance of cancellation. If
Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies
with this paragraph.
C. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract
that are either subject employers under the Oregon Workers' Compensation Law and shall
comply with ORS 656.017,which requires them to provide workers' compensation coverage
that satisfies Oregon law for all their subject workers or employers that are exempt under
ORS 656.126. Out-of-state employers must provide Oregon workers' compensation
coverage for their workers who work at a single location within Oregon for more than 30
days in a calendar year. Contractors who perform work without the assistance or labor of
any employee need not obtain such coverage. This shall include Employer's Liability
Insurance with coverage limits of not less than $500,000 each accident.
D. Insurance Carrier Rating
All coverage provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carrier(s) with an unacceptable financial rating.
E. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall furnish
a Certificate of Insurance to the City. No contract shall be effected until the required
certificates have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,
injury,or loss caused by negligence or neglect connected with this contract.
20. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert),attorney's fees and court costs on appeal.
Water Meter Reading GSA Page 4
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subcontractors
and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby
made a part of this agreement.
22. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
23. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected
to the extent that it did not materially affect the intent of the parties when they entered into the
agreement.
24. INDUSTRIAL ACCIDENT FUND PAYMENT
Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor
or subcontractors incur during the performance of this Agreement.
25. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. No modification of this Agreement
shall be effective unless and until it is made in writing and signed by both parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and signed
by both parties. Such waiver, consent, modification, or change if made, shall be effective only in
specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Contractor, by the
signature of its authorized representative, hereby acknowledges that Contractor has read this
Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD METEREADERS,LLC
L��ti 0 &�Jh—LI�Q/WU ) \-.11
By: Authorized City Represent-6-0 By: Authorized Contractor Hepresentative
Date Date
Water Meter Reading GSA Page 5
t
EXHIBIT A
SCOPE OF SERVICES
The Contractor shall convey all the meter information through a reciprocating electronic computer medium.
The City uses Sensus meter-reading software and Springbrook utility billing software. The Contractor shall
read an average of 2,200 meters per week for a monthly average of 8,800 meters read. The Contractor may
read as few as 1,850 or as many as 5,500 meters in one week under either a prearranged or emergency
situation. Any such emergency situation shall be communicated by the City to the Contractor with no less
than a 24-hour notice of the situation. The Contractor shall be responsible for reading meters and
communicating with City staff regarding those meters. City staff will be responsible for all service requests
and meter maintenance. The Contractor shall have the ability to read multiple meter types including:
}► Sensus
✓ Touch Read
✓ Visual Read
✓ Radio Read
y Badger
Y Rockwell
y Metron
Y
Neptune
Contractor shall be expected to perform the following:
A. Provide the City with a listing of meters that will be, and subsequently were, read in a computerized
medium compatible with the City's utility billing software, Springbrook. It is expected that this process
will eliminate the need for City staff to generate a paper listing and manually input meter reads. An
electronic file will be available by noon each Friday. Meters reading results for each file will need to be
submitted to the City by 8:00 AM the Monday following the scheduled reading period. The City
reserves the right to change back to the normal schedule of files needing to be submitted to the City by
noon on Friday if this schedule proves to be a hardship for the City. Any meters not read in that
timeframe will be considered a "misread" and subject to the penalty outlined in Section H below unless
pre-approved by the City.
B. The Contractor shall pick up any updates to the cycle before reading that cycle.
C. Contractor shall:
1. Follow the meter reading schedule provided by the City. This schedule is prepared on an annual
basis (calendar year). Contractor will be given a two-week notice if any of this information changes.
2. Accurately read each of the scheduled water meters;estimations will not be accepted.
3. Provide the actual read dates even if the meter was read in advance or late relative to the schedule.
D. Contractor shall read all meters listed, regardless if the meter is turned on or off. This includes making a
reasonable effort to access meters that are somewhat inconvenient to read. In the case of inclement
weather, the Contractor will be expected to read meters as long as City staff is reading meters. City staff
read meters unless the roads have been deemed unsafe for City crews.
Water Meter Reading GSA Page 6
r
E. Contractor shall note obvious problems, i.e., broken meters, dead meters, leakage, high consumption,
etc., or meters not listed, and report to the City. The City also notes if a house is vacant, for sale, or for
rent. In the event a meter is unreadable and there is a possibility of reading it later in the same reading
period, the reader will make at least one more attempt to acquire the reading. Any meters that are still
unreadable will be reported to the City. Any major leaks or hazards will be immediately reported to the
City via cell phone by the reader. Any and all major problems related to the meter service will be
electronically (email) reported upon completion of the Contractor's daily route.
F. Contractor, due to its visibility in the community, directly represents the City. Therefore, employees of
the Contractor shall will conform to any dress code required by the City and conduct themselves in a
manner that reflects the City in a professional way. Meter reading should take place between 7:00 a.m.
and 6:00 p.m. Monday through Friday. Any exceptions to this schedule need to be pre-approved by the
City. Meter reading may not take place on a City holiday without prior approval from the City. City
holidays are as follows:
New Year's Dav January 1
Martin Luther King Day 3`d Monday in January
President's Day 3`d Monday in February
Memorial Day 4`h Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day 4`h Thursday in November
Day after Thanksgiving Day after Thanksgiving Day
Christmas Day December 25`'
G. Contractor shall agree to keep confidential all information provided by the City or obtained by the
awarded contractor through performance of reading meters.
H. Penalty Clause
1. Misreads. A meter misread requiring a reread by City staff will be grounds for a warning. An
administrative penalty of $10 will be assessed Contractor for a second meter misread and each
additional misread at a single location.
2. Posting Error. A posting error requiring a manual correction by City staff will be grounds for a
warning. An administrative penalty of $10 will be assessed Contractor for a second posting error
and each additional error on a single account.
I. Radio Reads
The Citv will read all radio-read meters.
I Cost
The following per meter rates shall apply for the duration of this Contract:
1. Assigned and Additional Prearranged Routes - $0.49 per meter
2. Emergency Routes —Assigned with less than two week notice - $0.59 per meter
Water Meter Reading GSSG Page 7
City o f Tigard
FINANCE AND INFORMATION SERVICES
• Notice of Contract Award
Date: January 26, 2011
Re: NOTICE OF CONTRACT AWARD
PROJECT TITLE: Meter Reading Services
At their January 25,2011 meeting, the City of Tigard's Local Contract Review Board awarded the
contract for the City's Meter Reading Services project to Metereaders,LLC The awarded contract
amount is Fifty-five Thousand and no/cents (55,000.00) over the potential life of the project.
If you have any questions about this Notice of Contract Award or about the aforementioned
project, please contact Joe Barrett, Sr. Management Analyst, at either (503) 718-2477 or
joseph&ti�a_ rd�-or.gov.
City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov