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` 0/V&',v a< Fox /44-4- City of Oak Park Heights, Minnesota Meter Reading Services Contract RMR Services, Jim., Vendor I. Purpose: The City of Oak Park Heights solicited proposals for a water meter reading services contract for an initial three year period beginning April 27, 2005. The services include touch pad, radio and remote reading of the water meters. The City has reviewed and ranked all proposals. The City retains the right to extend this contract on a year to year extension,based upon the successful performance of the provider. II. Background Information: The City of Oak Park Heights, population 4,650, provides full scale municipal utility services. All customer service connections for water are metered and billed based upon actual consumption. Initially, there are approximately 1,250+/- installed meters in service in the Oak Park Heights inventory. All meters are to be read Bi-monthly utilizing routes based on account number. The route sequences may be adjusted by the service provider for efficiency but must be in an acceptable format for the City of Oak Park Heights billing software. The City of Oak Park Heights can not adjust the account number sequence with the existing computer system but will cooperate in setting up an interim sequence adjustment in Access or Excel to allow the service provider to obtain efficiencies in routing. Cost for readings are based on a per meter read rate for radio, touch pad and manual reads as submitted by the vendor. The City reserves the right to expand or contract the meter reading to monthly or quarterly service if deemed in the best interest of the City. A committee reviewed the proposals and made a final recommendation to the City Council on April 22, 2005. The City Council awarded this contract on Tuesday, April 26, 2005 at the regular Council Meeting. Contract services begin immediately. Costs for the City shall be determined by applying the cost for each type of meter reading (cost per read) as submitted by the vendor to the number of meters in the City of Oak Park Heights that are read each cycle. A deduct for each unread operating meter will be assigned at three times normal read rates after the first two read p g gn o e periods of the contract. Non operating meters will be noted and repaired. Vendor shall provide a cost for minor field repairs (touch pad rewire or replacement)if qualified to make such repairs, as part of this proposal. III. Terms and Conditions A. If, through any cause, the firm shall fail to fulfill in a timely and proper manner the obligations agreed to, the City shall have the right to terminate its contract by specifying the date of termination in a written notice to the firm at least 30 days before the date of termination. In this event,the firm shall be only entitled to earned compensation for satisfactory work completed. 1 B. This contract incorporates applicable provisions of the request for proposal. C. The firm shall not assign the interest in the contract and shall not transfer any interest in the same without prior written consent of the City. IV. Scope of Services A. Minor repairs may be needed and will be considered a part of the reading process. This will include reattaching the touchpad or placing a new, City supplied, touchpad in service. Such work shall be documented for compensation and billing. All other failed reads shall have proper notes submitted at the end of each read cycle to allow more complex repairs made by City staff. B. All meters shall be read. Unread accounts without a valid and unavoidable reason are unacceptable. Every service is required to have a read or a note or the entire route will be under suspect. All unread accounts will require that a reading card is left with the home. The reading cards will be supplied by the utility. Penalties may be assessed against the vendor's billing, after the second contract reading, for an amount three (3)times the agreed to meter read rate for each service that does not comply with our meter reading contract. Failure to provide required services may result in vendor termination, in accordance with our contract. Vendor shall provide a summary at the end of each read period showing total accounts, total read, accounts with notes and a breakdown of radio, pad and internal manual reads. Vendor shall submit an invoice for payment and payment shall be made by the City based on the verified readings. C. Vendor will not be responsible for special meter readings upon demand for move in and move outs and final reads as needed by the Utility Billing Division. Y tY mg 1 0 D. Vendor will not be responsible for meter read verifications requested by customers or Utility Billing personnel. Mis-reads found and attributable to the vendor will be assessed the penalty specified in B. above. E. Vendor is responsible for all costs associated with this contract, excluding the cost of meter reading equipment and parts used for repairs that will be provided by the City of Oak Park Heights. Vendor will comply with all Federal, State, and local regulations. F. All meter reading equipment is owned/controlled by the City and will be offered for use by the vendor for utilization in this contract. A listing of the current hardware and software includes: Sensus AR 4002 RF with reader Sensus Interrogator 3006 with reader Interface with with Sensus AutoRead @ to PC Integration with an AS400 computer operating in a System 36 environment The City will keep this equipment in a state of good repair,however,the vendor may be deemed responsible for loss or negligent damages caused by the inappropriate care of equipment while in their custody. Vendor will operate equipment in accordance with manufacturer specifications and will make sure that all staff assigned to this service will follow standard operating procedures in the completion of their work. The City of Oak Park Heights reserves the right to 2 upgrade,repair,replace, change or consolidate equipment as needed for City operations. Minimum equipment needs will be maintained by the City to avoid impact to vendor. G. The City will control changes in routing, work routines, use of technologies and procedures that may streamline or enhance the overall effectiveness of our meter reading system. The City of Oak Park Heights can not currently adjust the account number sequence with the existing computer system but will cooperate in allowing set up an interim sequence adjustment in Access or Excel to allow the service provider to obtain efficiencies in routing and note tracking. Updates to computers and billing software are planned, but not guaranteed, for 2006 which will allow more flexibility in route changes. H. The City of Oak Park Heights will periodically evaluate expansion or contraction of the meter reading schedule. Evaluation of City costs are based on a per meter reading cost. This will allow increases to monthly readings, decrease to quarterly readings, added or lost services or upgrades to equipment without the need to establish a new contract. Approved plans for additions to the City of Oak Park Heights shall be brought to the vendor's attention when approved for construction by the City Council. I. Vendor shall adequately staff this operation to assure that the City's needs are being met on a timely basis. Failure to maintain compliance with established reading schedules will impact the vendor performance review. Past experience indicates a minimum of three (3) days to complete all services on a bi monthly basis and shall be performed at the end (last week) of the reading month. Alternative months billings rates are estimated by the City based on bi-monthly actual readings. J. The attached bid submission from the vendor is incorporated in to this contract and shall be the basis for City payment to the vendor and calculation of any penalties for missed or improperly read meters. The parties are in agreement to the terms and conditions of this service contract for meter reading services for the City of Oak Park Heights. Services shall commence immediately and, barring an incident requiring termination, shall remain in force for a minimum of 3 years and may be extended based on acceptable service and rate adjustments. The proposal was reviewed by the vendor and submission for costs of service was submitted by the vendor. Proposal and costs were reviewed by the City and the Submission by RMR Services was selected and accepted by the City of Oak Park Heights at its regular Council Meeting on April 26,2005. V. Independent Contractor. Nothing contained in this Agreement is intended or should be construed as creating the relationship of copartners of joint venturers within the City. No tenure or any rights or benefits, including Workers' Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City employees, shall accrue to the Contractor or employees of the Contractor performing services under this Agreement.The Contractor and its staff are not employees of the City. VI. Indemnification and Insurance. The Contractor agrees it will defend, indemnify and hold harmless the City, its officers and employees against any and all liability, loss, costs, damages and expenses which the City, its officers or employees may hereafter sustain, 3 incur, or be required to pay arising out of the Contractor's performance or failure to adequately perform its obligations pursuant to this contract. Contractor further agrees that in order to protect itself as well as the City under the indemnity provision set forth above, it will at all times during the term of this contract keep in force: A. A single limit or combined limit or excess umbrella general liability insurance policy of an amount of not less than$300,000 for property damage arising from one occurrence, $1,000,000 for total bodily or personal injuries or death and/or damages arising from one occurrence. Such policy shall also include contractual liability coverage by specific endorsement or certificate acknowledging the contract between the Consultant and the County. B. A single limit or combined limit or excess umbrella automobile liability insurance policy, if applicable, covering owned,non-owned and hired vehicles used regularly in the provision of services under this Agreement,in an amount of not less than$300,000 per accident for property damage, $1,000,000 for bodily injuries and/or damages to any one person, and$1,000,000 for total bodily injuries and/or damages arising from any one accident. C. A professional liability insurance policy covering personnel of the Consultant while performing services under this Agreement in the following amounts: Errors and omissions$300,000 per occurrence and$1,000,000 in total for any individual occurrence. D. Workers Compensation Insurance and employer's liability shall be maintained as required by law. Prior to the effective date of this contract,and as a condition precedent to this contract,the Contractor will furnish the City with Certificates of Insurance listing the City as a certificate holder. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed,or not renewed within thirty(30)days prior notice thereof to the City. VII. Data Practices. All data collected, created, received, maintained, or disseminated for any purposes by the activities of Contractor because of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such act now in force or as adopted, as well as federal regulations on data privacy. VIII. Records-Availability and Retention. Pursuant to Minnesota Statutes §16B.06, Subd. 4, the Contractor agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Contractor and invoice transactions relating to this Agreement. Contractor agrees to maintain these records for a period of three (3) years from the date of termination of this Agreement and shall notify the City via certified mail at least 30 days prior to any records being destroyed. 4 IX. Merger and Modification. A. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any material alterations,variations,modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. X. Default and Cancellation. A. If the Contractor fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement,this shall constitute default. Unless the Contractor's default is executed, the City may, upon written notice, immediately cancel this Agreement in its entirety. B. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. XI. Subcontracting and Assignment. Contractor shall not enter into any subcontract for performance of any services contemplated under this Contract without the prior written approval of the City and subject to such conditions and provisions as the City may deem necessary. The Contractor shall be responsible for the performance of all subcontractors. XII. Nondiscrimination. During the performance of this Agreement,the Contractor agrees to the following: No person shall, on the grounds of race, color,religion, age, sex, disability, marital status, public assistance status, criminal record,creed or national origin be excluded from full employment rights in, participation in,be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. Contractor has signed this Agreement, through its Owner as duly authorized representative of the Contractor and the City Council having duly approved this Agreement on the 26th day of April, 2005, and pursuant to such approval and the proper City officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. 5 Vendor acceptance of this contract City Acceptance of this contract RMR Services Jae. City of O• 'ar fights ?dd Edinger,Owner By Jo 14 on, City Administrator irk Date Date 10 See attachment of vendor submission—Appendix A 6 Appendix A. Vendor Proposal Evaluation Criteria Summary Meter Reading Service Contract—Oak Park Heights Vendor: Company Name RMR Services,LLC Business Address . 1228 South 7th Street Minneapolis,MN 55415 Principal Officer Todd Edinger Phone numbers Office 612-376-7600 Facsimile 612-376-0760 Signature of Officer ,11 / Date 4f/20105-- /20`05' Signature of Officer is • ance that vend r has read and understands the requirements of the RFP and that this � q submission is the stated costs for services under the RFP. This form must be completed and returned by all vendors who wish to be considered for selection under the terms outlined in the RFP. Compensation shall be made on an actual per completed meter reading basis. Penalties will be assessed for missed reads as outlined. The city will use the following for estimating costs but does not claim this is accurate for readings. Cost per Year 1 Year 2 Year 3 Year 4 Year 5 Radio read (125). $.40 $.4125 $.4125 $.425 $.425 C Touch pad read(1100) $.48 $.495 $.495 $.51 $.51 Manual Read (75) $2.00 $2.06 $2.06 $2.12 $2.12 Optional years for 4 and 5 Is your Company capable of making minor repairs during readings to reattach touch pad wires or attach a new touch pad? (Please circle) (`t) NO If yes Year 1 Year 2 Year 3 Year 4 Year S Cost to re-attach wires on touch pad $3.85 $3.97 $3.97 $4.10 $4.10 Cost to replace touch pad(city supplied) $3.85 $3,97 $3.97 $4.10 $4.10 Optional years for 4 and 5 Does your Company have access to Sensus Meter reading equipment that coul be used in an emergency-if the City of Oak Park Heights has an.equipment failure? (Please circle) NO • Please list other Cities in which you currently or previously operated and the type of equipment. City of Apple Valley Phone# 952-953=2500 Equipment Sensus City of Bloomington Phone# 952-563-8777 Equipment Sensus City of Eden Prairie Phone# 952-294-5907 Equipment Itron City of Lakeville Phone# 952-985-4400 Equipment Sensus City of Plymouth Phone# 763-509-5000 Equipment Itron City of Rosemount Phone# 651-423-4411 Equipment Sensus From:Mary Goranson At:Apollo Insurance Agency FaxID:320-259-3890 To:City of Oak Park Heights Date:1/30/2006 01:40 PM Page:2 of 2 ACORD CERTIFICATE OF LIABILITY INSURANCE OPID Ma DATE(MM/DDNYYY) RMRSE-1 01/30/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Apollo Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P 0 Box 1206 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St Cloud MN 56302-1206 Phone: 320-253-1122 Fax:320-259-3890 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Cincinnati Insurance company 10677 INSURER B. State Fund Mutual Insurance Co RMR Services LLC INSURER C 9272 Isanti St NE INSURERD Blaine MN 55449 INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AuD L POLICYEFFECTIVE POLICY EXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE(MMfDDIW) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE I u RENTEu A X COMMERCIAL GENERAL LIABILITY CPP0905287 06/01/05 06/01/06 PREMISES(Ea occurence) $500,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENII.AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 X POLICY —PECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A X ANY AUTO CPA0905287 06/01/05 06/01/06 (Eaaccident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ • PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $5000000 A X OCCUR CLAIMS MADE CPP0905287 06/01/05 06/01/06 AGGREGATE $5000000 $ DEDUCTIBLE $ X RETENTION $ $ VV - WORKERS COMPENSATION AND X TORY LIMI S OER B EMPLOYERS LIABILITY 18762.502 06/01/05 06/01/06 EL EACH ACCIDENT $100000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDEDY E.L.DISEASE-EA EMPLOYEE $100000 If yes,describe under SPECIAL PROVISIONS elow E .DISEASE-POLICY LIMIT $500000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Workers Compensation: Policy limit applies to both accident and disease. MN Workers Compensation applies to MN employees temporarily out of the State of MN. Fax 7637867333 CERTIFICATE HOLDER CANCELLATION CITYOKP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Oak Park Heights IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 14168 Oak Park Blvd No P. 0. Box 2007 REPRESENTATNES. Oak Park Heights MN 55082 AUT DRIZED REPRESENTATIVE tp, l, ACORD 25(2001/08) ©ACORD CORPORATION 1988