HomeMy WebLinkAboutC2005-398 - 8/23/2005 - Approved AGREEMENT BETWEEN THE CITY OF CORPt, L9 CHRISTI AND
RAM 'r'ECHNOLOGIES, INC. TO PERFORM PROFF.8~IONAL CONSULTING SERVICES FOR
AUTOMATED METER READING YEAR t SYSTEM EXPAN,91ON
Thru Agreement to perform professional consulting service~ ('Agreement' or 'Contract') la entered
:nto by and between the City of Coq3us Christi, a municipal corporation, ('City'), and RAM
Technologies. Inc ('Consultant') effective for all purposes upon execution by Itm City Manager or
NOW, THERE--, Consultant and City agree aa follow~:
I. 8COl)F OF PflOJFCT
The City is Implementing an automated moter reading ('AMR') solution throughout trw c~, with a
p~annecl bulldout to occur over five yearn. This contract addressee year 1 of the IxJIIdout.
II. ~K:OPF (34= ~FRVICI~
Consultant will perform ~erv~cea in accordance w~ Its Marmgenmnt and Technical Servicel
Proposal for Automated Meter Reading System Year 1 Expansion dated June 3, 2005 ('Proflc4al'),
which is attached aa Exhibit A. The summary of fi'mae taak~ Consultant agmea to pedorm la al
foilowa
A. Finalize large volume usam for Inclu~Jon in the AMR buiidout.
B. Define the logical boundariM and ac~=_-,unt groupings for the entire five year bulldout of
the AMR system.
C. Define m(:lulred wal~' and gas rnetem and ragrsterWlnclexes for AMR expansion for year
1 acccxJnt pofxJlaflon.
D. Coordinate activities to ensure the AMR system expermlon coincides with the WIFI
nm'work extension
E. Coordirm'm work effort~ with City U'dlltle~ Bueins4a Of rKO, Water Department, Gas
of accounts fi'om manual reading to AMR.
F. Maintain financial overnight of venclom to Insure invoices con'elate to planned work
efforl~, defined equipment requlrerrmnts, and Identified system components.
G. Continually evaluate vendor performance and refine Installat~)n plans as AMR
expansion move~ fonvard.
H. continue regular pn:)Ject status mvlew~ to maln[a;n project m=heclulee, trial( cuel~,
mm:~ve project conte~Jon points, and e~calate issues for rmK~utlon aa I'm:lulred.
I Continue to produce and distribute project communication mporl~.
In the event of any conflict between this Agreement and the Proposal, this Agreement shall
Item 11 of Section 9.1 of the Proposal is amended to read a~ follow~: 'Work will be performed on
a time and ms.rial basle, not to exceed $376.400.'
III. OImFR OF SFRVICES
The Consultant agree~ to begin work upon receipt of the executed contract. The anticipated
completX)n date of this conbact rs July 31, 2006. A preliminary project schedule rs attached as
F_xh~bit B. The duration of each phase will be determined and evidenced by a futura amendment of
~ co.b act.
iV, I=FF FOR SERVlCF~
The City Ihall pay the Consultant a lump sum fee not to exceed $376,400 for providing aervicM
specrfied In this contract. This fee shall be full and tot. al compenm(don for ~ervfcea and for au
.... ' ....... ~ them services. Consultant shall Invoice tyro City at end of each
2M~-398
M2005-27~
R ~,M l'etbnole~
month for services performed in that month Each monthly invoice shall contain description of
task('s) performed, hours of service performed, dates of service performed, and all u~er
information as requested by Director of Municipal Information Sy~s or designee. The basi~ of
the billings shall be the rates as set forth in Exhibit C. Payments shall be issued wt~ln 30 days of
rece, pt of invoice. Total cost for all services provided by Consultant under this agreement shall not
exceed $376 400 inclusive of all expenses, unless expressly authorized by City Manager or
designee in written amendment to this agreement.
V. EFFECTIVE DATE. TERM. AND CONTRACT ,anMINISTRATOR
A. This agreement takes effect upon execution by Ute City Manager or his designee.
B The term of this agmemerrt Is one year from execution by City Manager, unless
terminated in _a~__rdance with Section V below.
C The CO,lbaCt Adminlaba;.or designated by the City is responsible for approval of all phases of
performance and operations under this Contract Including authorizations for payment. All of
Consultanrs notices or communications regarding this Contract must be directed to the Co.b,~ct
Administrator. who is tim Director of Municipal Irdormatlon 8y~ or designee.
VI. 'F~RMINATION OF CONTRACT
The City may, at any time, with or without caJsa, terminate this Agreement upon two (2) week=
written noflco to the Consultant. Upon terminatio~ of this Agr~ernent, all finished or unfinished
delivered to the City and become the property of the City. In sucfl event of terrnlnatlon without
cause, City will be invoiced for the actual time and charges accumulated through the d~te of
termination.
Al partes recognize that the continuation of any contract after the cloas of any fiscal year of the
City. which fi~cel year ends on July 31 of each year, will be subject to apflroprlatlona and budgM
al:~omval providing for covering such cch,;.,uct Item a~ an expanditum In said budget The City does
not represent that said budget item will be actuMly adOl/u~l, said det~.,Inatlon being within the
soie disco's{ion of ~ City Council at the time of adoption of such budget
VIII. ,~u(Ipmml rrY
The Consultant will not awgn, trar~f~, or delagate any of his obligations or duties In th~
Agreement to any othe~ parson w~out the prier written ccmsant of lyre City. The performance of
to such am~gnment will be within the sole discretion of the City on any grounds whataoever
IX. INDFPFNDENT CONTKAGTOR
Consultant will perform all professional s~'vtces as an independent co~ and will fumlsh lUch
services In Its own manner and method, and under no c~rc~m8t~nces or coflclition8 will an agent,
secvant, or employee of the Consultant be conakJered an ernployee of the City.
Consultant may use subcontractors in connection with the work pedorrned under this Agreement.
WT~n ua~g subcontractors, however. Consultant must obtain prior wfltten approvaJ from the City.
In using subco,,bactors, Consultant agrees to be rasponsibie for all tfleir acts and omissions to the
same extent as ff Ute subcontractor and ~ empio:~..-..-..-..-..-..-;a were employesa of the Consultant Ail
requirements set forth as part of this Agreement will be applloable to all subcontTactom and their
employees to the same extent as if the Consuttant and its employees had performed the sarvices.
Th,s Agreement is subject to all Federal law~ and laws of the State of Texas. AJI duties of the
parties w~l be performed in ~e City of Corpus Christi. Texas, or the offices of Consultant as
appropriate. The applicable law for any legal disputes arising out of ~ls Agmermmt will be l~e law
of Texas and such forum and venue for such disputes will be the appropriate federal, district,
(~ounty or justice court in and for Nueces County, Texas.
X]I. WAJVER
No waive~ of any breach of any term, or condition of this Agreement, will be cormtrued to waive any
· 11. ~
Notice may be given by fax, hand delivery, or cst'dried mail, postage preflakd, and i~ deemed
received on the day fa,xed or hand delivered or on the third busines~ day after depoMt If Bent
Cel'bf'md mail Notice will be sent aa follovm:
IF TO CITY:
Cry of Corpus Chrma
P.O. BOX 9277
Corpus Christi, Tex~ 78489-9277
FAX No.: (512) 880-3801
IF TO CONSULTANT:
RAM Technologies, Inc.
220 Commerce Drive
Suite 220
Fort Wa~ington, PA
FAX No.: (215) 654-8807
XV. ~ cUUrl~ OF INTI=REIFrs
Consultant further agrees, In complblnce with City of Corpu~ Chi'lift Ordinance No. 17112, to
Consultant will comply ~ the Insurance Requirernem provided in the altactmd Exhl~
Consultant agrees to Indemnify and save harmleu the City, its agent~, servants, and employees
from any and all liablli'des, claims, losses, damages, or expenses, Including reasonable artemis
fees. msardng from Co¢'~ultant's negligence or willful acts or omissions In performance of this
Agreement.
XWl. INTI=1 I r-CTUA' PROpI=RTY
City shall OWT~ all right, title, arid Interaat in and to all of the document~ prepared by Consultant
under ~i~ Agreement. Consultant may retain copies for its archives and internal use~.
Nerther party shall be held responsible for ~,ny delay or failure in performance her~Jnder to the
extent such delay or failure Is caused by fire, flood, explosion, war, strike, terrorism, embargo, civil
or military aulhodty, act of God, act or omission of carders o~ similar causes beyor~d its co.IJul
(~force majeure co~dl'dons'). If any force majeure condition occurs, the party delayed or unable to
perform ~hall give immediate notice to the other party
A'T'I-EST'
Armando Chapa
c~y secretary
Approved as to legal form this I~. day of.,~
for city Attorney
CITY C-= CORPUS CHRISTI
CONSULTANT: RAM Technologies, Inc.
Name: ~',.., t~, .- -~ ,~ 7',-.,',
Date.
EXHIBIT A
Management and Technical Services Proposal
For
The City of Corpus Christ]
Automated Meter Reading System
Year f Expansion
Phase II- Year I System Expansion
PRESENTED BY
Revtaed - Vemlon 6
June 3, 2005
XXHI. g,O 'l'emle end Condltlo~
It ~s L~d~od thai any significant changes in the .~op~ ofth~s~ ell'ods m,y r~s~It in an
~ti.iustl:l~l to the fee~
'l'his IXOl~sal is valid u~til 60 days fix,m the ,-I~. appearing on the cov~r, at which time
prol~al may be required.
9.1 Prelect ~mg~tlom~
Project will inifia~ in August or Septexnber 2005 and ~ontim~ fOr a 12 mo-(h
New H~ngram NCC serwr will be installexl a~l fu~'tioning in a pLuch.~-tinn modo to
ao~ommod~,~ the system expansion priOr to initiating year 1 build-out
PMO will owrs~e all v~'ork effoRs and ~ing project a~tiviti~s
('C resou~e ~ are in .aaifion to the propo~i RAM rmou~es
Meter inventory ~ site survey information for meters included in the Year 1 build-out will
bo roadily available to the l~oject t~Rrn priOr m initia~ing lhe Year 1 Emild-out
.M~exing c~mpon~ts wLLI be r~dily available in volmne~ to support AMR pilot
Vendor MTU and DCU eomponen~ will be re~clily available in vol ~u-~ m ~ AMR
pilot requir~x~Rs
WiFi will be deployed in throughout the m~as containing Y~ar I b~ild-out a~g:omst~ pric~ to
ihe insmll,tlon ofAMR devi~es in the field
l. ull s)~x-xn expm~on is desir~l owr a fiv~ (5) .~ar period
Project mmmgement requireme,i.~ over ~ five (5 ~ year ~on l~riod will
annually
Work will be performed on a Time & MateriaLs basis (against be~t
R'~M Tocl~nologies. Inc. ---- -- --Proposal 16
EXHIBIT C
RATE SCHEDULE
l~J~d Ho~r~
941
To~l
$]88~20~.00
$376,400.00
R.-kM Te~tmolo~m, Inc. Proposal 18
EXJ-EBJT D
DI,~CLO~URE OF IHTERE~T~ FORM
RAM r~:hnolog~s. Inc. Proposal 19
~ ',Li'~ II;RNU),~]ER
~ ~ ro ~ AS~K3NF. D ]~Y CITY' '"
CITY OF COB_PUS CI~LqTI
DI~'~OSURE OF ~
City ol Cc,rpu~ ~"m'i~i Ordinaace 1711~ ~s am~docl., requires ~11 l~r~om or r..... _~,fi~ng to do bu~ino~
City ~o provide tho following information. Every question must be answerocL If tho qffmtion i~ nc~ ~plicable,
ans'w~r wilh ~IA". See reverse side for defini'd~ns.
4. Az.~c~( ) 5. Otlm' ~ ) ........
If midifional sp~ce i~ nocessmy, please use the mvor~e ~le of thi~ i~Sp. or dJm?.h ~'~m~ ~
I. Sam3% ,~rthemorermmmofthe°fownershipe~Ch "a~m~J~e,_ _ _hove named .,fu.m ..,loyee" of the City of Corpus Chri~ having an "-~ ~ c:oasfltu~g
Job Title taxi City Depmtmem (if known)
2. Stole tho nm'n~ of e~ch "ot~:ial" of the City of Corpu=
or more of the ~ i~ the ~ framed ~irm."
Name _~ Title
Chri~ Imving .n "own~'~dp ~ ~ 3%
T.-g~i~-i/~ rmme~ o--T--e~ch "bored member" of the City of Corpus C'hri~ h~vins -- "ow~e~hip ~
con~'fituG,$ 3% or moro of Ibc owne~ip in the ~ove named "fn~n."
4. Sine the h~.~ of ~"h emp]oyog or officer of · "_~?__2~ul~. t" for th~ City of ~ ~ who wc~.m:[ on m~y
rnan~ m ~ to the subje~ of this ~contract and ha~ m~ ~ip intem~ ci~stimting 3% or mor~ of tho
Caasulmm
! certify thaz all information provided is mm and correct u of tt~ d,,t,~ of thl. ~mt~..r~, tl~ I have not
knowinsi~ withhold disclosure of ~ny [nformm/<m recp___m~L; and that supplemen'ml ~tm~m'm will bo
submitmd to the City of Corpus Ou'L~, Texas as changes occur. ,~ --
EXHIBIT E
INSURANCI=
CONSULTANT'S LIABILITY INSURANCE
RAM T~.~,o]o~ Inc. Pr~ 20
ConsuJtant must not commence work under this agreement until BE ~ roqull'md
herein has be~Jn obtained and such insurance has been approved by tie City. The
Consultant must not allow any subcontractor to commence work until all similar insurance
'equlred of b"te sul:xx)nbact~ has been obtained.
B
Consultant mt.tit furnish to tho City's Risk Manager two (2) cef31el of Cerflflc~t~n of
~nsurance, showing l~e following minimum covenige by Insurance company(s) ecc~
to the City'. Ri~k Manager. 'The City must be named as an additional insurm:l for the
o~ensral end Automobile liability policiee and a blanket waiver of subrogetlon In required on
alt al3~cal:de policies.
~ ~ nellee of cance~nHon, matnrlal
chnn~e, non-renewal m' lm'mlmtlon nnd · 10
~ ~1 mlum in required on all
MINIMLFli INSURANGE COVIERAOE
Per occarr~ce aggregate
COMMERCIAL GENERAL LIABILITY Including: $2,000.000 COMBINED SINGLE LIMIT
2.
3,
4.
5.
6.
Commercial Form
Premil~ - Ope[u~.,or~
Pemonsl Injury
AUTOMOBILE LIABILITY-OWNED NON-OWNED $1,000,000 COMBINED 8INGLE UMIT
OR RENTED
PROFESSIONAL LIABILITY indudlng:
Coverage ~ mu~t cover offlcem, dlr~'~',r~
employee~ and age.[=
1. ERRORS AND OMMISIONS
WORKERS' COMPENSATION
EMPLOYERS' LIABIUTY
$2.000.000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH Il OF THIS ACT AND
PARAGRAPH 2 OF THIS EXHIBIT
$100,000
In Ute event of ~ of any kind, l~e Consultant muir furnish the Risk Manager with
copies of all reporta of nuch acctde~t~ wi~ln ten (10) daya of accident.
II. AnDmONAL REQUIRFMENTS
Comultant must obtain workem' corem coverage through a licenaed Inaarance
company obtained In accon~nce with Texas law. The cor~'act for coverage muet be
written on a I:~lcy and endorsements approved by the Texas Department of Insurance. The
coverage provided must be in amo,,.[~ lufflclent to aasum ~ all workem' compen~on
ol~lga'don~ incurred by l~e Consultant will be promFtly met.
RAM T~:haolw. Je~ Inc. Pmpo~l 21
B. Cerl~c~i~ of Insurance:
The City of Coq~u~ Chrletl must be named as an a~lltlenal Inguinal o~ the
General and Automobile liability policies and a blanket waiver of ~ubrogatlo~ la
If your in~Jrance company uses the standard ACORD form, the ~latlon
~uae (bottom right) mu~t be ~ by adding the wording "cl~anged or'
between "be' and 'canceled', and dete'dng the words, "endeavor to', and de.ting
fl're wording after 'left'. In l~e alternalJve, a policy endoc~e~ent stating the required
cancellation language will be accef:~d.
The nm~e of ttm i~"ajeet mLmt be Ii,ted under "De~rlptJon of Opemtlon~"
At a minimum, a ~ ~ notice of cancellation, materlat c~ange, nora
renewal or termination and a lO-gay 'eTIt~n ~ of cancellation for non-payment
of premium ia required.
If the Certiflca~ of In~Jrance cloe~ not a~tow on ~ face the ~ of ~ coverage
required by Items I.B (1)-(6), an ault~'lzed ~~Jve of l~e Insurance co~npany
mu~t ir~ctude a letter specifically st~lng whether item~ 1.B. (1)-(6) am IndtJded or
®xcJuded.
RAM Tectu~k~.ies, Inc. P, oix~l 22
~~. iK~t.t~ ;:. ~_ .~ :~ ,.,.. .. ~- .-~,_ p,c~E. U1/01
-CERTIFICATE _ I ~~
A~R~ OF LI~IL~ INSU~CE I 7/2./2005
~LY A~ ~ ~ ~ ~ ~ ~~
· ~ Ra~ '~:~molog.'Le-, znc.
220 C~Hmz~o Dziwe
Suite 220
Fozt 1~F~JP_'21;on PA 19034
SgBO15067B-0002 .'./10/05
Tr_.3054838 ~/10/06
1/10/0G
111c, lo~
2,000,000
50,000
5,000
~.000.000
100.000
~00.000
500.000
C~'ilqC. ATE U
Ca.t.y c~ COz'pu~ C2~zJ.'t:L
· .0. ~ox 927q
COZ'pUl ChZJ. l,~.'l., '11: 79469