R-09-08-13-10D2 - 8/13/2009RESOLUTION NO. R -09-08-13-10D2
WHEREAS, the City of Round Rock desires to retain professional
services for the initiation and implementation of an automated meter
reading system, and
WHEREAS, Master Meter, Inc. has submitted an Agreement to
provide said services, and
WHEREAS, the City Council desires to enter into said Agreement
with Master Meter, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Automatic Meter Reading System
From Master Meter, Inc., a copy of said agreement being attached
hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended
RESOLVED this 13th day of August, 2009.
1/1
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, C ty Secretary
0:\wdox\SCCInts\0112\0905\MUNICIPAL\R9081302.D0C/rmc
CITY OF ROUND ROCK AGREEMENT FOR
AUTOMATIC METER READING SYSTEM
FROM MASTER METER, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of an automatic meter reading system to remotely read
water meters, and for related goods and services, referred to herein as the "Agreement," is made
and entered into on this the e2 G. day of the month of , 2009, by and between
the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at
221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and MASTER
METER, INC., whose offices are located at 101 Regency Parkway, Mansfield, Texas 76063,
referred to herein as the "Vendor." This Agreement supersedes and replaces any previous
agreements between the named parties, whether oral or written, and whether or not established
by custom and practice.
RECITALS:
WHEREAS, City desires to purchase an automatic meter reading system to remotely
read water meters, and to purchase associated goods and services, and City desires to purchase
same from Vendor; and
WHEREAS, City has issued its "Request for Proposal" for the provision of said goods
and services, and City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That this Agreement is for the purchase of products, equipment, assistance and expertise
necessary for the initiation and implementation of a pilot program of 300 meters within City,
such system being compatible with City's current situation and capable of future incremental
opportunities for the program's growth. City intends to approach the project through a phased
implementation, with the initial phase being a "pilot" phase. Therefore, the subject matter of this
Agreement shall serve as the foundation for a more comprehensive system and the system
covered by this Agreement shall have the ability to evolve and meet the growing needs of City.
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
00162775/jkg
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
The Agreement includes the following: (a) City's Request for Proposal designated RFP 09-001,
Specification Number 09-890-46 dated October 2008; (b) Vendor's Response to RFP; (c)
contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies
or conflicts in the contract documents shall be resolved by giving preference in the following
order:
(1) This Agreement;
(2) Purchaser's Response to RFP;
(3) City's Request for Proposal, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Master Meter, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The initial term of this Agreement shall be for one (1) twelve-month period from
the effective date hereof. After that term, this Agreement may be renewed for one or more terms
of twelve (12) months each, with such renewals to occur on or before the expiration date of the
preceding term, and with such renewals being absolutely predicated upon the express written
agreement of both parties. Such renewals are permitted only provided Vendor has performed
each and every contractual obligation specified in this original Agreement.
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C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.b1s.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in RFP
09-001, Specification Number 09-890-46 dated October 2008, and Response to RFP submitted
by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all
purposes. The intent of these documents is to formulate an Agreement listing the responsibilities
of both parties as outlined in the RFP and as offered by Vendor in its Response to the RFP.
The goods which are the subject matter of this Agreement are described in Exhibit "A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
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granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
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10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Request for Proposal No. 08-
032 (including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Michael Thane
Director of Transportation Department
212 Commerce Boulevard
Round Rock, Texas 78664
512-218-3236
mthane@round-rock.bc.us
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
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any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
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19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Master Meter, Inc.
101 Regency Parkway
Mansfield, TX 76063
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
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23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
such void provision shall be deemed severed from this Agreement, and the balance of this
Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision. The provisions of this section shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined to
be void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
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Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Master Meter, Inc.
By:
Printed Name:
Title:
Date Signed:
Attest:
By:
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
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By:
Printed N
Title:
Date Signed:
44.44/1‘7- c
C!, 4.1
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
CITY OF ROUND ROCK
Request For Proposal
AUTOMATIC METER READING SYSTEM
PART I
GENERAL CLAUSES AND CONDITIONS
1. GENERAL INFORMATION AND OVERVIEW
1.1. The City of Round Rock (City) will receive proposals from qualified firms to provide an Automatic
Meter Reading System for the City of Round Rock.
1.2. The City appreciates the Proposer's expertise and capabilities and does not intend to write a
detailed specification to address every feature and component of the Automatic Meter Reading
System for the City. However, the intent of this Request for Proposal (RFP) is to allow vendors to
provide the City with the best solution given the requirements set forth by the City. This approach
enables the City to take advantage of the most technologically advanced system available while
allowing fair evaluation of all responses and remaining within -standard purchasing procedures
established by the City.
2. PROJECT SCOPE
2.1. The City's intent is to initiate a pilot program of 300 meters utilizing the selected proposed solution.
Proposals shall provide tiered pricing that includes the initial pilot program and addresses future
incremental opportunities to grow the program.
2.2. Proposals shall incorporate a solution to the initial pilot program as well as explanation and
clarification of the systemsability to meet future expanded needs, including full coverage and
utilization for the City.
2.3. Successful Proposer shall provide the products, services and expertise necessary to complete a
Automatic Meter Reading System (AMR) that meets the City's needs as outlined in this RFP.
2.4. The City requires a fully integrated Automatic Meter Reading System complete with all necessary
items to render the System fully functional and operational.
2.5. The City seeks a flexible system that will allow the operator to accurately read water meters in any
format the City desires.
2.6. City staff will install all meters unless otherwise noted.
2.6.1. Proposal shall include provisions and pricing for installation training if applicable.
3. RFP PART OF AGREEMENT
3.1. The content of this RFP / Specification shall become a part of the written agreement between the
City and the Awarded Proposer. Therefore, all responses including all statements, claims,
declarations, and specifications in the proposals shall be considered firm, and all prices considered
maximum, for purposes of future agreement stipulations unless specifically waived in writing by the
City. Exceptions to any of the requirements in the RFP shall be specifically noted on a
separate attached sheet and explained by the vendor in its proposal as a condition to
becoming part of the subsequent contract.
3.2. The agreement between the parties (the agreement) shall consist of the written contract, the RFP
together with any modifications thereto, and the response to this RFP, together with any
modifications and clarifications thereto that are submitted at the request of the City during the
evaluation and negotiation process. In the event of any conflict or contradiction between or among
these documents, the documents shall control in the following order of precedence: the final
executed agreement, the RFP, any modifications and clarifications to the response to this RFP, and
Pagel of 12
EXHIBIT
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
the Awarded Proposer's response to this RFP. Specific exceptions to this general rule may be
noted in the final executed agreement. The agreement shall be amended only in writing and by
mutual agreement.
4. PROPOSAL DUE DATE
4.1. Sealed proposals are due in the office of the Purchasing Department, City of Round Rock, Texas,
221 E. Main Street, Round Rock, Texas 78664 by 3:00 P.M., October 28, 2008.
4.2. Proposals received after this time and date will not be considered and returned unopened.
4.3. Facsimile or electronically transmitted proposals are not acceptable.
4.4. Each proposal and each proposal variation shall be submitted in one (1) original and one (1) copy.
5. CONFLICT OF INTEREST
5.1. Effective January 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914)
requires that any vendor or person considering doing business with a local government entity
disclose the vendor or person's affiliation or business relationship that might cause a conflict of
interest with a local government entity. The Conflict of Interest Questionnaire form is available from
the Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest
Questionnaires may be mailed or delivered by hand to the City Secretary. If mailing a completed
form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
5.2. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may
automatically result in the disqualification of the vendor's proposal.
6. CITY CONTACT
6.1. The contact for this procurement effort will be as listed below. Questions or clarifications related to
this RFP may be directed to:
City of Round Rock
Randy Barker
Purchasing Department
221 E. Main Street
Round Rock, TX 78664
Phone: 512-218-3295
Fax: 512-218-7028
E-mail: rbarkeraround-rock.tx.us
7. INDEMNIFICATION
7.1. The successful Proposer shall indemnify, save harmless and exempt the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney fees and any and all other costs or fees incident to
any work done as a result of this quote and arising out of a willful or negligent act or omission of the
successful Proposer, its officers, agents, servants, and employees; provided, however, that the
successful Proposer shall not be liable for any suits, actions, legal proceedings, claims, demands,
damages, costs, expenses and attorney fees arising out of a willful or negligent act or omission of
the City, it's officers, agents, servants and employees, or third parties.
8. VENDOR QUALIFICATIONS
8.1. The acceptance of a submittal shall not be construed as the City's endorsement of such vendor as
qualified and responsible. The City reserves the right to determine vendor responsibility from
information submitted with the bid and other resources. All Proposers shall furnish the
following information at a minimum:
8.1.1. References: Provide the name, address, telephone number and point of contact of at
least three firms that have utilized the same or similar product and services for at least 2
Page 2 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
years. References may be checked prior to award. Any negative responses received
may result in disqualification from consideration for award. Failure to include
references with submittal shall result in disqualification from consideration for
award.
8.1.2. Identify any subcontractors to be used for this project. Experience, qualifications and
references of the subcontractors shall be submitted. The City reserves the right to
approve or disapprove all subcontractors prior to any work being performed.
9. CONFIDENTIALITY OF PROPOSAL CONTENT
9.1. All proposals submitted in response to this RFP shall be held confidential until a agreement is
awarded. Following the agreement award, proposals are subject to release as public information
unless the proposal or specific parts of the proposal can be shown to be exempt from the Texas
Public Information Act. Proposers are advised to consult with their legal counsel regarding
disclosure issues and take the appropriate precautions to safeguard trade secrets or any other
proprietary information. The City assumes no obligation or responsibility for asserting legal
arguments on behalf of potential Proposers.
9.2. If a Proposer believes that a proposal or parts of a proposal are confidential, then the
Proposer shall so specify. The Proposer shall stamp in bold red letters the term
"CONFIDENTIAL" on that part of the proposal, which the Proposer believes to be
confidential. Vague and general claims as to confidentiality shall not be accepted. All proposals
and parts of proposals that are not marked as confidential will be automatically considered public
information after the agreement is awarded.
10. CLARIFICATION OF PROPOSALS
10.1. The City reserves the right to request clarification or additional information specific to any proposal
after all proposals have been received.
12. VENUE
12.1. The contract shall be governed by and construed in accordance with the laws of the State of Texas.
Venue shall be in the applicable court, Williamson -County, Texas.
13. WARRANTY
13.1. Awarded Proposer shall in writing warrant that the System installed hereunder shall conform to this
specification, manufacturer's documentation, and any agreed changes in all respects, including, but
not limited to, operating performance, memory requirements, documentation and compatability.
13.2. Awarded Proposer shall represent and warrant to the City that, for a period of not less than twelve
(12) months following the Acceptance Date for the System installed shall:
13.2.1. Be in good operating condition, free from defects in material and workmanship.
13.2.2. Meet or exceed the published functional requirements for the System described in
this RFP and response to this RFP.
. 13.2.3. Perform in accordance with or exceed all acceptance criteria for such product
described in the agreement.
13.2.4. Not void specific warranties issued by manufacturers for greater periods of time.
13.2.5. Not void any rights guaranteed to the City by law.
13.2.6. All services performed under the agreement shall be performed in a good and
workmanlike manner.
13.2.7. Register all manufacturers' warranties (e.g. including but not limited to, software) in
City's name.
NOTE: The awarded Proposer shall detail the support structure and pricing for the web site commencing from date
of acceptance. Support shall include, but not limited to, software updates, maintenance requirements, manufacture
or supplier warranties, or any and all items that render the System complete and ready for continued operation as
initially installed.
Page 3 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
14. DISCLOSURE OF LITIGATION
14.1. Each Proposer shall include in its proposal a complete disclosure of any civil or criminal litigation or
investigation pending which involves the Proposer or in which the Proposer has been judged guilty.
14.2. Significant losses or settlements involving the Proposer's software or its implementation efforts
shall also be disclosed. This is a continuing disclosure requirement.
15. RIGHT TO REPRODUCE DOCUMENTATION AND OTHER INFORMATION
15.1. The City shall have the right to reproduce any and all manuals, documentation, software or other
information stored on electronic media supplied pursuant to the agreement at no additional cost to
the City, regardless of whether the same be copyrighted or otherwise restricted as proprietary
information; provided, however, that such reproductions shall be subject to the same restrictions on
use and disclosure as are set forth in the agreement.
15.2. The Awarded Proposer agrees to execute any non-exclusive copyright assignments or
reproduction authorizations that may be necessary for the City to utilize the rights granted in this
subparagraph.
16. RISK OF LOSS
16.1. Risk of loss for the System, new components furnished by the Proposer, shall not pass to the City
until acceptance of the System.
17. INDEPENDENT CONTRACTOR
17.1. It is understood and agreed that the Contractor shall not be considered an employee of the City.
17.2. The Contractor shall not be within protection or coverage of the City's WorkerCompensation
insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to
time may have in force and effect.
PART II
SPECIFICATIONS
1. TECHNICAL REQUIREMENTS:
1.1. The vendor's system shall address the following technical requirements. Your response shall
contain an explicit comply/exception assessment of whether your system meets each requirement
and, whenever necessary, description of compliance to each point. Shall your system or any part
of the system fail to meet any of the following requirements, explain the reasoning that
substantiates that the variation from these requirements is not critical.
1.2. Please note that all answers shall reflect current capabilities. Any future capabilities shall be stated
as such and outlined with a development schedule.
1.2.1. Briefly describe the data flow in the system, listing each component and how they
interface.
1.2.1.1. Detail the proposed system configuration.
1.2.1.2. Describe the interface to the company's communication network.
1.2.2. The processing computers in the system shall run in a network configuration.
1.2.3. Describe the operating frequency of all AMR end-point hardware.
1.2.4. Describe all requirements for intermediate communications equipment needed to
gather meter specific information. (i.e. RF hop to PLC, repeaters, etc.)
2. COVERAGE OF METERS
2.1. The City of Round Rock is interested in providing services to all of its residential, commercial and
industrial customers within its service territory, with potential to serve future customers both inside
Page 4 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
and outside the service territory. The system shall remotely read water meters. Describe the
extent of the modules' and the system's compatibility with various meter types.
2.2. The City of Round Rock understands that one single technology solution may not be appropriate
for serving areas with varying meter density including both dense urban areas and sparsely
populated rural/farming areas. Therefore, hybrid system solutions are acceptable. Describe
whether the proposed system is a hybrid and its applicability to different metering solutions.
3. FUNCTIONALITY
3.1. The City of Round Rock currently reads its meters on a monthly basis using Datamatic Road
Runner X7 Handhelds downloaded to Incode Software. Because the City of Round Rock requires
that the meter reading systems be provided in the most cost-effective manner possible, describe
your compatibility with this system and existing interfaces.
3.2. Consumption Reads
3.2.1. Daily consumption reads shall be obtained and be available to the City of Round
Rock for all water customers currently on a monthly consumption read and billing
cycle.
3.3. Tamper Status
3.3.1. The meter reading system shall deliver current tamper status information for all water
customers. This information shall be delivered, along with the monthly consumption
read, on the scheduled billing date.
3.4. Data Logging
3.4.1. The AMR end-point metering technology shall store 30 hours or more of
consumption. This information shall be delivered, on programmable schedules
determined by the City.
3.5. Leak Detection
3.5.1. The AMR end-point technology shall measure the possibility of down -stream leaks by
using consumption thresholds programmed into the AMR module.
3.6. Two -Way Communications
3.6.1. The network technology shall provide two-way communications to the end-point.
3.7. Support for Multiple Meters
3.7.1. A single AMR end-point module shall support either one or two meter registers,
depending on pit or vault configurations.
3.8. Mapping Interface
3.8.1. The network technology shall represent each AMR end-point and network component
including its respective functional status in the form of a mapping display.
4. METER COMPATIBILITY
4.1. Proposer's solution shall allow for water RF solutions enabling opportunities for joint meter reading
of other water utilities.
4.2. AMR vendor shall be compatible with multiple meter vendors to allow for meter choice.
4.2.1. Provide a listing of meter manufacturers and meter model numbers with which your
AMR modules are compatible.
4.2.2. State whether your system gives the City of Round Rock the flexibility to purchase
meters from multiple vendors.
4.2.3. Meter compatibility listings for water modules shall be provided.
Page 5 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
4.3. Based upon the City of Round Rock meter data provided, please provide the estimated number of
meters that can be retrofitted with devices and the estimated number of new meters required to
automate the meter population.
4.4. Bidder's solution shall connect to puise accumulating or absolute encoder -type registers.
5. METER MODULES
5.1. Proposer shall furnish specifications of meter module (e.g. size, weight).
5.1.1. List the environmental specifications of your meter module and describe its ability to
withstand heat/cold, water intrusion.
5.1.2. Indicate the expected product life of your meter module and any engineering data to
support the claim.
5.1.3. List all available options for the installation of your meter module into new or existing
meters.
5.1.4. Describe the encoding technology utilized in your meter module.
5.2. Describe the power supply utilized by your meter module.
5.3. Describe all tamper sensors/indicators available with your meter module.
5.4. Define the compatibility of your meter modules with other forms of interrogating devices, such as
handheld computers, fixed communications networks, drive-by equipment, etc. State whether this
is available today.
5.5. Describe the radio frequency under which your meter module operates.
5.6. Define all applicable regulatory requirements associated with your meter module and applicable
approvals on the device
5.7. Describe any FCC licensing requirements for use of the meter module.
5.7.1. What altematives are available if FCC licenses are not available in the City of Round
Rock service area?
5.7.2. Describe any potential conflicts with city service organizations such as Fire and Police
departments.
5.8. To assure reading success, the meter module shall utilize frequency and/or time diversity to assure
a high reliability in reading.
5.9. The system shall incorporate a technology that takes into account interference and collision
avoidance.
5.9.1. Meter modules that operate using single channel ISM band transmitters are not
permitted.
6. WATER MODULES
6.1. Compatible with fixed network system, drive-by system, or both. Please specify.
6.2. Proposer's solution shall provide the same functionality for both indoor water meters and those
located in pit settings.
6.2.1. Module proposed for pit setting shall be able to withstand the harsh pit environment.
6.3. Meter module shall function accurately and not be damaged within an operating temperature range
of —40 deg C to +70 deg C.
6.4. Remote shall function accurately and not be damaged within humidity environments of 0% to 100%
relative humidity.
6.5. Pit meter module shall function accurately and not be damaged under conditions of submersion in
polluted or non -polluted environments for a period of at least six (6) months.
Page 6 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
6.6. Meter module shall functional accurately and not be damaged when installed outdoors in a full sun
environment for twenty (20) years.
6.7. Pit meter module shall offer an in-line connector that enables removal of the meter for periodic
testing while allowing the module to stay in the field.
6.8. The module shall provide leak detection including an internal algorithm built into the device on an
individual meter level.
6.9. The module shall use a remote antenna, without replacing the module itself.
6.10. The module shall support dual inputs from dissimilar register types, simultaneously, (i.e., encoder
with pulsar type, or different meter vendor registers).
7. DATA COLLECTION DEVICE
7.1. Compatible with fixed network system, drive-by system, or both. Please specify.
7.2. Provide the specifications of data collection device (e.g. size, weight)
7.3. List the environmental specifications of your data collection device.
7.4. List the meter module types that your data collection device reads.
7.5. Define the radio frequency under which your data collection device operates.
7.5.1. Is this a licensed or unlicensed radio frequency?
7.5.1.1. If this is a licensed system, please describe in detail how a license for
your system may be obtained as well as the costs and timeframes
associated with obtaining this license.
7.6. Define all applicable regulatory requirements and approvals associated with your data collection
device.
7.7. Define the performance characteristics of your data collection device (e.g. read rate, accuracy)
7.8. Indicate the capacity of readings obtained by your data collection device in an eight-hour day.
7.9. The system shall verify data integrity in every message.
7.10. Define any applicable warranties associated with your data collection device.
7.11. Describe installation procedures.
7.12. The data collection device shall simultaneously read up to three different meter modules.
7.13. The data collection device shall provide a data storage mechanism.
7.14. The data collection device shall receive software upgrades via the network.
7.15. The data collection device shall have the capability to hold up to 100,000 meters and meter module
ID's that are configurable through the software application.
7.16. The data collection device shall interface to a Windows 2000 or XP supported computers or latest
version - Incode.
7.17. The data collection device shall provide diagnostics to allow trouble shooting via the network.
8. HANDHELD COMPUTER AND RELATED HARDWARE
8.1. Handheld computers may be needed for backup data collection and special meter reading
situations.
8.1.1. Indicate whether your handheld computers are compatible with Fixed Network or
Drive -By AMR systems and can receive readings from the AMR modules.
8.2. Collection Characteristics and Memory:
Page 7 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
8.2.1. All devices shall be completely self-contained and have adequate memory and
internal power sources to perform meter reading or field service activities for an eight-
hour shift.
8.2.2. Memory for application and data used in the data capture devices shall be Flash
Technology, a non-volatile memory that improves data integrity and security.
8.2.3. The device shall allow reading of meters using radio meter modules.
8.3. Keyboard — The keyboard shall provide:
8.3.1. Environmental protection without the need for special covers or cases.
8.3.2. Alphanumeric data entry without need for a Shift key.
8.3.3. New Service/Meter key.
8.3.4. Change meter information key.
8.3.5. Replaceable overlay.
8.3.6. Keyboard shall be phosphorescent for use in low -light settings.
8.4. Display
8.4.1. The devices shall use Liquid Crystal Display (LCD) technology.
8.4.2. Display size (number of characters) shall be at least 30 characters by 18 lines.
8.5. Power Supply — All handheld devices shall be equipped with:
8.5.1. Removable, rechargeable batteries.
8.5.2. Low power indicator.
8.5.3. The battery charging system shall prevent battery "memory" effects which reduce
usable battery time.
8.5.4. The handheld device shall provide data security in the event of loss of power from the
main battery supply. This protection is required even if the main battery supply is
removed while the handheld computer is turned on.
8.5.5. Battery shall be lithium -ion.
8.5.6. The device shall be chargeable outside of the communications cradle, including in a
utility vehicle.
8.5.6.1. Describe all charging options.
8.6. Physical Characteristics
8.6.1. The Unit shall be completely weatherproof and operate in bad weather conditions
such as rain, sleet, freezing rain or snow.
8.6.2. The unit shall operate within ambient temperatures ranging from —4 deg F to +140
deg F without use of cases, plastic coverings, etc.
8.6.3. The unit shall be lightweight.
8.7. Verification And Tamper
8.7.1. The handheld computer shall perform verification reads including current meter and
tamper status.
8.7.1.1. Please define the verification capabilities of your handhelds.
8.8. Communications
8.8.1. The handheld shall have the capability to perform its functions via radio with no wire
connections required to the meter or meter module.
Page 8 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
8.8.1.1. Define the radio technology utilized by your programming handheld
computer.
8.8.2. Should the City of Round Rock choose to purchase a non -radio version of the
handheld, it shall be feasible to upgrade these units in the future.
8.9. Head -End Software For AMR Data Processing
8.9.1. Platform: Data collection software shall operate on a PC compatible computer.
8.9.1.1. Data transfer to and from the CIS system to the proposed system will be
handled by a LAN/WAN connection.
8.9.2. Meter Reading Storage and Processing: The proposed system shall store at least 20
days of meter reading data.
8.9.2.1. The system shall process the billing cycle and allow for operator
decisions for completeness or re -reading of missed meters.
8.9.2.2. Complete data backup and restore required.
8.9.3. Computer Interface: The proposed system shall completely interface to the Fixed
Network or Drive -By data collection device.
8.9.3.1. Field Data collection shall be provided either by manual operation or
automatically based on a pre -configured read schedule.
8.9.4. Consumption Monitoring: To accommodate move outs and high bill investigations,
certain accounts in the system will require consumption monitoring.
8.9.4.1. Accounts shall be monitored over the City of Round Rock specified
intervals and report consumption that is reported above or below the
City of Round Rock defined acceptable consumption levels.
8.9.5. Unscheduled Reads: To support move outs and other special reads, the network
shall support unscheduled reads that may be initiated by the City of Round Rock.
8.9.6. Grouping Functions: To support advanced data delivery applications to the City of
Round Rock customers, the network shall gather and deliver data in pre -established
groups for data aggregation purposes.
8.9.6.1. The network shall deliver group consumption read data.
8.9.6.2. Groups will be defined by the City of Round Rock.
8.9.7. System Interface: The interface shall be utilized by various City of Round Rock units
to access data gathered by the network.
8.9.8. The City of Round Rock requires guaranteed reliability to ensure reads are received
from each endpoint under the network on a daily basis.
8.9.8.1. Describe your solution to ensure a 98% daily read.
8.9.9. Proposers solution shall allow for maximum spacing between data collectors in the
City of Round Rock's territory.
8.9.9.1. Describe the range of your data collectors with regard to the geography
of our service area.
8.9.10. Leak detection: The solution shall provide leak detection data including an internal
algorithm built into the device on an individual meter level.
8.9.11. Data Logging: The solution shall collect data in intervals of 15 or 30 minutes as well
as hourly and daily.
8.9.12. Management Reports: Specify management reports available with your system.
8.9.12.1. Custom reporting functionality through the use of a third- party reporting
tool (such as Crystal reports) shall be available.
Page 9 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
8.9.13. Monthly Statistics: The proposed system shall provide cycle processing and keep
statistics for meter reading activity of up to twelve (12) months.
8.9.13.1. Cycle reports shall show meter reading activity.
8.9.14. Automatic Scheduled Processing: The proposed system shall support appropriate
functions for automated processing (no operator required) to allow operations to be
scheduled in an unattended mode.
8.9.14.1. Describe this option and the functions supported in this way.
8.9.15. Historical usage: The proposed system shall support the migration to meter data
analysis where historical meter data can be stored for up to twelve (12) months for
the purpose of graphically showing usage patterns.
8.9.15.1. This tool shall be modular able to be added to the proposed system at a
later date.
8.9.15.2. Describe this option and additional capabilities if available.
8.9.16. Web Presentment: The proposed system shall support the capability of customer
web presentment of usage data.
8.9.16.1. This tool shall be modular and able to be added to the proposed system
at a later date.
8.9.16.2. Describe this option and additional capabilities if available.
9. COMPATIBILITY WITH CURRENT INVESTMENTS
9.1. The City of Round Rock has made substantial investments in meter reading technology and
training to date. The proposed system shall leverage this investment.
10. FCC LICENSES
10.1. The supplier shall provide assistance if necessary toward obtaining licenses and/or permits it needs
from the FCC.
11. FLEXIBLE READING METHODS
11.1. The proposed system shall be compatible with alternative reading methods that can be utilized to
collect meter reading data in the event that the primary system is unavailable. Please describe.
11.2. Describe how the proposed meter reading system will support alternate reading technologies
including radio -equipped handheld computers.
11.2.1. No modification to the meter module shall be required to change reading
technologies.
12. IMPLEMENTATION
12.1. Project Management: The vendor, and its representatives, shall have a proven program of
professional project management to ensure successful system installation. Project managers shall
be experienced in managing the design, installation and optimization of systems. Project
management experience shall include system integration and training support.
12.1.1. Proposer shall describe experience in implementing systems compatible with
specification requirements.
12.1.2. Proposer shall describe experience in implementing systems that include water
service.
12.2. Configuration and Set up:
12.2.1. Proposer shall provide the expected cost for hardware configuration setup, operating
system and software installation, parameter setups, definition of required reports, and
the testing of input and output files.
Page 10 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
13. AUTOMATED INSTALLATION TOOLS:
13.1. The installation process shall include fully automated meter module installation software that
programs the meter modules.
13.2. The meter module installation software shall be expandable to other areas of the utility such as field
service workforces. Describe any capabilities in this area.
14. WARRANTY AND CUSTOMER SUPPORT
14.1. Warranty: Specify the warranty period on all applicable products.
14.2. Customer Support: Proposer shall offer 24-hour per day customer support, seven (7) days a
week. Specify details of the vendor's support package.
15. SYSTEM PRICING: Describe in detail the pricing for the systems proposed. Include any assumptions
made in the proposed solution and pricing.
15.1. The proposed business transaction shall be a purchase of the system by the City of Round Rock.
15.2. The City of Round Rock shall own all data collected by the system.
15.2.1. Data collected by the system shall not be used for any purpose without the approval
of the City of Round Rock.
PART III
ACCEPTANCE AND PAYMENT
1. ACCEPTANCE
1.1. Acceptance should not take more than thirty working days. The vendor shall be notified within this
time frame if the service delivered is not in full compliance with the specifications. If any purchase
order is canceled for non-acceptance, the needed service may be purchased elsewhere and the
vendor may be charged full increase, if any, in cost of acquiring service.
2. INVOICING
2.1. Contractor shall submit one original and one copy of each invoice referencing the assigned
Purchase Order number on a monthly basis to the following address:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
3. PROMPT PAYMENT POLICY
3.1. Payments will be made within thirty days after the city receives the supplies, materials, equipment,
or the day on which the performance of services was completed or the day on which the City
receives a correct invoice for the service, whichever is later. The Contractor may charge a late fee
(fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made
by the City in the event:
3.1.1. There is a bona fide dispute between the City and Contractor concerning the
supplies, materials, services or equipment delivered or the services performed that
causes the payment to be late; or
3.1.2. The terms of a federal contract, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
Page 11 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
3.1.3. There is a bona fide dispute between the Contractor and a subcontractor or between
a subcontractor and its suppliers concerning supplies, material, or equipment
delivered or the services performed which caused the payment to be late; or
3.1.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on
the purchase order or contract or other such contractual agreement.
4. OVERCHARGES
4.1. Contractor hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 USGA Section 1 et sm., and
which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et
seq.
Page 12 of 12
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a resoonse to this bid/Specification insurance
against claims for iniuries to persons or damages to orooerty which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder, its
agents, representatives, volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.4.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workerscompensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which furnishes persons to provide services on the project. 'Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
PROPOSER'S REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: RFP 09-001Automated Meter Reading System
BIDDER'S NAME: DATE:
Provide the name, address, telephone number and point of contract of at least three firms that have
utilized similar service for at least 2 year. References may be checked prior to award. Any negative
responses received may result in disqualification of bid.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
Fax Number (
Fax Number (
Fax Number (
Fax Number (
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Reference Sheet
Page 1 of 1 Dated: 10/2008
SWAPS \2009WVater\1NaterBillingZones\WaterBillingZones.mxd
SWAPS \2009\1NaterWVaterBillingZones MaterBillingZone2.mxd
DATE: August 7, 2009
SUBJECT: City Council Meeting — August 13, 2009
ITEM: 10D2. Consider a resolution authorizing the Mayor to execute an Automatic Meter
Reading System Agreement with Master Meter, Inc.
Department:
Staff Person:
Water and Wastewater Utilities
Michael Thane, P.E., Director of Utilities
Justification:
Manual meter reading is a resource intensive and time-consuming task. As the number of water
accounts increase, the City can choose to increase manpower, change reading intervals, or adopt new
technology. As the City grows, the demand on monthly meter reading and accuracy will increase. This
project is for the initiation and implementation of an automated meter reading system to remotely read
300 water meters. The project will be implemented in phases, with this initial phase being the pilot
phase. The benefits of this program will ultimately allow customers to obtain real-time water usage
which will assist in the City's water conservation efforts.
Funding:
Cost: $49,500
Source of funds: Self -Finance Water Construction
Outside Resources: Master Meter, Inc.
Background Information:
The City issued a Request for Proposal (RFP) in October 2008 to provide an Automatic Meter Reading
System for the City of Round Rock. The intent is to initiate the pilot program of 300 meters and address
future incremental opportunities to grow the program. The City seeks a flexible system that will allow
the operator to accurately read water meters in any format desired.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK AGREEMENT FOR
AUTOMATIC METER READING SYSTEM
FROM MASTER METER, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of an automatic meter reading system to remotely read
water meters, and for related goods and services, referred to herein as the "Agreement," is made
and entered into on this the Z 4, day of the month of Xt,414r , 2009, by and between
the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at
221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and MASTER
METER, INC., whose offices are located at 101 Regency Parkway, Mansfield, Texas 76063,
referred to herein as the "Vendor." This Agreement supersedes and replaces any previous
agreements between the named parties, whether oral or written, and whether or not established
by custom and practice.
RECITALS:
WHEREAS, City desires to purchase an automatic meter reading system to remotely
read water meters, and to purchase associated goods and services, and City desires to purchase
same from Vendor; and
WHEREAS, City has issued its "Request for Proposal" for the provision of said goods
and services, and City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That this Agreement is for the purchase of products, equipment, assistance and expertise
necessary for the initiation and implementation of a pilot program of 300 meters within City,
such system being compatible with City's current situation and capable of future incremental
opportunities for the program's growth. City intends to approach the project through a phased
implementation, with the initial phase being a "pilot" phase. Therefore, the subject matter of this
Agreement shall serve as the foundation for a more comprehensive system and the system
covered by this Agreement shall have the ability to evolve and meet the growing needs of City.
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
00162775/jkg
12- -1002_.
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
The Agreement includes the following: (a) City's Request for Proposal designated RFP 09-001,
Specification Number 09-890-46 dated October 2008; (b) Vendor's Response to RFP; (c)
contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies
or conflicts in the contract documents shall be resolved by giving preference in the following
order:
(I) This Agreement;
(2) Purchaser's Response to RFP;
(3) City's Request for Proposal, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Master Meter, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The initial term of this Agreement shall be for one (1) twelve-month period from
the effective date hereof. After that term, this Agreement may be renewed for one or more terms
of twelve (12) months each, with such renewals to occur on or before the expiration date of the
preceding term, and with such renewals being absolutely predicated upon the express written
agreement of both parties. Such renewals are permitted only provided Vendor has performed
each and every contractual obligation specified in this original Agreement.
2
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.b1s.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in RFP
09-001, Specification Number 09-890-46 dated October 2008, and Response to RFP submitted
by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all
purposes. The intent of these documents is to formulate an Agreement listing the responsibilities
of both parties as outlined in the RFP and as offered by Vendor in its Response to the RFP.
The goods which are the subject matter of this Agreement are described in Exhibit "A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
3
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
4
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Request for Proposal No. 08-
032 (including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Michael Thane
Director of Transportation Department
212 Commerce Boulevard
Round Rock, Texas 78664
512-218-3236
mthane@round-rock.tx.us
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreeinent.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
5
any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
6
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
21.01 NOTICES
Al! notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Master Meter, Inc.
101 Regency Parkway
Mansfield, TX 76063
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
7
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
such void provision shall be deemed severed from this Agreement, and the balance of this
Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision. The provisions of this section shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined to
be void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
8
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Master Meter, Inc.
By:
af h
Printed Name:
Title: MAV
Date Signed:
Attest:
By:
M 41140,1
1 20, Z 01.11
[6/1/3Z
Sara L. White, City Secretary
For City,
By:
41,111.
Stepha) L. Sheets, City Attorney
roved as to FL rm:
9
By:
Printed N
Title:
Date Signed:
avivie7" elf c:
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
CITY OF ROUND ROCK
Request For Proposal
AUTOMATIC METER READING SYSTEM
PART I
GENERAL CLAUSES AND CONDITIONS
1. GENERAL INFORMATION AND OVERVIEW
1.1. The City of Round Rock (City) will receive proposals from qualified firms to provide an Automatic
Meter Reading System for the City of Round Rock.
1.2. The City appreciates the Proposers expertise and capabilities and does not intend to write a
detailed specification to address every feature and component of the Automatic Meter Reading
System for the City. However, the intent of this Request for Proposal (RFP) is to allow vendors to
provide the City with the best solution given the requirements set forth by the City. This approach
enables the City to take advantage of the most technologically advanced system available while
allowing fair evaluation of all responses and remaining within standard purchasing procedures
established by the City.
2. PROJECT SCOPE
2.1. The City's intent is to initiate a pilot program of 300 meters utilizing the selected proposed solution.
Proposals shall provide tiered pricing that includes the initial pilot program and addresses future
incremental opportunities to grow the program.
2.2. Proposals shall incorporate a solution to the initial pilot program as well as explanation and
clarification of the systems' ability to meet future expanded needs, including full coverage and
utilization for the City.
2.3. Successful Proposer shall provide the products, services and expertise necessary to complete a
Automatic Meter Reading System (AMR) that meets the City's needs as outlined in this RFP.
2.4. The City requires a fully integrated Automatic Meter Reading System complete with all necessary
items to render the System fully functional and operational.
2.5. The City seeks a flexible system that will allow the operator to accurately read water meters in any
format the City desires.
2.6. City staff will install all meters unless otherwise noted.
2.6.1. Proposal shall include provisions and pricing for installation training if applicable.
3. RFP PART OF AGREEMENT
3.1. The content of this RFP / Specification shall become a part of the written agreement between the
City and the Awarded Proposer. Therefore, all responses including all statements, claims,
declarations, and specifications in the proposals shall be considered firm, and all prices considered
maximum, for purposes of future agreement stipulations unless specifically waived in writing by the
City. Exceptions to any of the requirements in the RFP shall be specifically noted on a
separate attached sheet and explained by the vendor in its proposal as a condition to
becoming part of the subsequent contract.
3.2. The agreement between the parties (the agreement) shall consist of the written contract, the RFP
together with any modifications thereto, and the response to this RFP, together with any
modifications and clarifications thereto that are submitted at the request of the City during the
evaluation and negotiation process. In the event of any conflict or contradiction between or among
these documents, the documents shall control in the following order of precedence: the final
executed agreement, the RFP, any modifications and clarifications to the response to this RFP, and
Pagel of 12
EXHIBIT
I tie
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
the Awarded Proposer's response to this RFP. Specific exceptions to this general rule may be
noted in the final executed agreement. The agreement shall be amended only in writing and by
mutual agreement.
4. PROPOSAL DUE DATE
4.1. Sealed proposals are due in the office of the Purchasing Department, City of Round Rock, Texas,
221 E. Main Street, Round Rock, Texas 78664 by 3:00 P.M., October 28, 2008.
4.2. Proposals received after this time and date will not be considered and returned unopened.
4.3. Facsimile or electronically transmitted proposals are not acceptable.
4.4. Each proposal and each proposal variation shall be submitted in one (1) original and one (1) copy.
5. CONFLICT OF INTEREST
5.1. Effective January 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914)
requires that any vendor or person considering doing business with a local government entity
disclose the vendor or person's affiliation or business relationship that might cause a conflict of
interest with a local government entity. The Conflict of Interest Questionnaire form is available from
the Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest
Questionnaires may be mailed or delivered by hand to the City Secretary. If mailing a completed
form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
5.2. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may
automatically result in the disqualification of the vendor's proposal.
6. CITY CONTACT
6.1. The contact for this procurement effort will be as listed below. Questions or clarifications related to
this RFP may be directed to:
City of Round Rock
Randy Barker
Purchasing Department
221 E. Main Street
Round Rock, TX 78664
Phone: 512-218-3295
Fax: 512-218-7028
E-mail : rbarkeraround-rock.tx.us
7. INDEMNIFICATION
7.1. The successful Proposer shall indemnify, save harmless and exempt the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney fees and any and all other costs or fees incident to
any work done as a result of this quote and arising out of a willful or negligent act or omission of the
successful Proposer, its officers, agents, servants, and employees; provided, however, that the
successful Proposer shall not be liable for any suits, actions, legal proceedings, claims, demands,
damages, costs, expenses and attorney fees arising out of a willful or negligent act or omission of
the City, it's officers, agents, servants and employees, or third parties.
8. VENDOR QUALIFICATIONS
8.1. The acceptance of a submittal shall not be construed as the City's endorsement of such vendor as
qualified and responsible. The City reserves the right to determine vendor responsibility from
information submitted with the bid and other resources. All Proposers shall furnish the
following information at a minimum:
8.1.1. References: Provide the name, address, telephone number and point of contact of at
least three firms that have utilized the same or similar product and services for at least 2
Page 2 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
years. References may be checked prior to award. Any negative responses received
may result in disqualification from consideration for award. Failure to include
references with submittal shall result in disqualification from consideration for
award.
8.1.2. Identify any subcontractors to be used for this project. Experience, qualifications and
references of the subcontractors shall be submitted. The City reserves the right to
approve or disapprove all subcontractors prior to any work being performed.
9. CONFIDENTIALITY OF PROPOSAL CONTENT
9.1. All proposals submitted in response to this RFP shall be held confidential until a agreement is
awarded. Following the agreement award, proposals are subject to release as public information
unless the proposal or specific parts of the proposal can be shown to be exempt from the Texas
Public Information Act. Proposers are advised to consult with their legal counsel regarding
disclosure issues and take the appropriate precautions to safeguard trade secrets or any other
proprietary information. The City assumes no obligation or responsibility for asserting legal
arguments on behalf of potential Proposers.
9.2. If a Proposer believes that a proposal or parts of a proposal are confidential, then the
Proposer shall so specify. The Proposer shall stamp in bold red letters the term
"CONFIDENTIAL" on that part of the proposal, which the Proposer believes to be
confidential. Vague and general claims as to confidentiality shall not be accepted. All proposals
and parts of proposals that are not marked as confidential will be automatically considered public
information after the agreement is awarded.
10. CLARIFICATION OF PROPOSALS
10.1. The City reserves the right to request clarification or additional information specific to any proposal
after all proposals have been received.
12. VENUE
12.1. The contract shall be governed by and construed in accordance with the laws of the State of Texas.
Venue shall be in the applicable court, Williamson County, Texas.
13. WARRANTY
13.1. Awarded Proposer shall in writing warrant that the System installed hereunder shall conform to this
specification, manufacturer's documentation, and any agreed changes in all respects, including, but
not limited to, operating performance, memory requirements, documentation and compatability.
13.2. Awarded Proposer shall represent and warrant to the City that, for a period of not less than twelve
(12) months following the Acceptance Date for the System installed shall:
13.2.1. Be in good operating condition, free from defects in material and workmanship.
13.2.2. Meet or exceed the published functional requirements for the System described in
this RFP and response to this RFP.
. 13.2.3. Perform in accordance with or exceed all acceptance criteria for such product
described in the agreement.
13.2.4. Not void specific warranties issued by manufacturers for greater periods of time.
13.2.5. Not void any rights guaranteed to the City by law.
13.2.6. All services performed under the agreement shall be performed in a good and
workmanlike manner.
13.2.7. Register all manufacturers' warranties (e.g. including but not limited to, software) in
City's name.
NOTE: The awarded Proposer shall detail the support structure and pricing for the web site commencing from date
of acceptance. Support shall include, but not limited to, software updates, maintenance requirements, manufacture
or supplier warranties, or any and all items that render the System complete and ready for continued operation as
initially installed.
Page 3 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
14. DISCLOSURE OF LITIGATION
14.1. Each Proposer shall include in its proposal a complete disclosure of any civil or criminal litigation or
investigation pending which involves the Proposer or in which the Proposer has been judged guilty.
14.2. Significant losses or settlements involving the Proposers software or its implementation efforts
shall also be disclosed. This is a continuing disclosure requirement.
15. RIGHT TO REPRODUCE DOCUMENTATION AND OTHER INFORMATION
15.1. The City shall have the right to reproduce any and all manuals, documentation, software or other
information stored on electronic media supplied pursuant to the agreement at no additional cost to
the City, regardless of whether the same be copyrighted or otherwise restricted as proprietary
information; provided, however, that such reproductions shall be subject to the same restrictions on
use and disclosure as are set forth in the agreement.
15.2. The Awarded Proposer agrees to execute any non-exclusive copyright assignments or
reproduction authorizations that may be necessary for the City to utilize the rights granted in this
subparagraph.
16. RISK OF LOSS
16.1. Risk of loss for the System, new components furnished by the Proposer, shall not pass to the City
until acceptance of the System.
17. INDEPENDENT CONTRACTOR
17.1. It is understood and agreed that the Contractor shall not be considered an employee of the City.
17.2. The Contractor shall not be within protection or coverage of the City's Worker' Compensation
insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to
time may have in force and effect.
PART II
SPECIFICATIONS
1. TECHNICAL REQUIREMENTS:
1.1. The vendor's system shall address the following technical requirements. Your response shall
contain an explicit comply/exception assessment of whether your system meets each requirement
and, whenever necessary, description of compliance to each point. Shall your system or any part
of the system fail to meet any of the following requirements, explain the reasoning that
substantiates that the variation from these requirements is not critical.
1.2. Please note that all answers shall reflect current capabilities. Any future capabilities shall be stated
as such and outlined with a development schedule.
1.2.1. Briefly describe the data flow in the system, listing each component and how they
interface.
1.2.2.
1.2.3.
1.2.4.
1.2.1.1. Detail the proposed system configuration.
1.2.1.2. Describe the interface to the company's communication network.
The processing computers in the system shall run in a network configuration.
Describe the operating frequency of all AMR end-point hardware.
Describe all requirements for intermediate communications equipment needed to
gather meter specific information. (i.e. RF hop to PLC, repeaters, etc.)
2. COVERAGE OF METERS
2.1. The City of Round Rock is interested in providing services to all of its residential, commercial and
industrial customers within its service territory, with potential to serve future customers both inside
Page 4 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
and outside the service territory. The system shall remotely read water meters. Describe the
extent of the modules' and the system's compatibility with various meter types.
2.2. The City of Round Rock understands that one single technology solution may not be appropriate
for serving areas with varying meter density including both dense urban areas and sparsely
populated rural/farming areas. Therefore, hybrid system solutions are acceptable. Describe
whether the proposed system is a hybrid and its applicability to different metering solutions.
3. FUNCTIONALITY
3.1. The City of Round Rock currently reads its meters on a monthly basis using Datamatic Road
Runner X7 Handhelds downloaded to Incode Software. Because the City of Round Rock requires
that the meter reading systems be provided in the most cost-effective manner possible, describe
your compatibility with this system and existing interfaces.
3.2. Consumption Reads
3.2.1. Daily consumption reads shall be obtained and be available to the City of Round
Rock for all water customers currently on a monthly consumption read and billing
cycle.
3.3. Tamper Status
3.3.1. The meter reading system shall deliver current tamper status information for all water
customers. This information shall be delivered, along with the monthly consumption
read, on the scheduled billing date.
3.4. Data Logging
3.4.1. The AMR end-point metering technology shall store 30 hours or more of
consumption. This information shall be delivered, on programmable schedules
determined by the City.
3.5. Leak Detection
3.5.1. The AMR end-point technology shall measure the possibility of down -stream leaks by
using consumption thresholds programmed into the AMR module.
3.6. Two -Way Communications
3.6.1. The network technology shall provide two-way communications to the end-point.
3.7. Support for Multiple Meters
3.7.1. A single AMR end-point module shall support either one or two meter registers,
depending on pit or vault configurations.
3.8. Mapping Interface
3.8.1. The network technology shall represent each AMR end-point and network component
including its respective functional status in the form of a mapping display.
4. METER COMPATIBILITY
4.1. Proposer's solution shall allow for water RF solutions enabling opportunities for joint meter reading
of other water utilities.
4.2. AMR vendor shall be compatible with multiple meter vendors to allow for meter choice.
4.2.1. Provide a listing of meter manufacturers and meter model numbers with which your
AMR modules are compatible.
4.2.2. State whether your system gives the City of Round Rock the flexibility to purchase
meters from multiple vendors.
4.2.3. Meter compatibility listings for water modules shall be provided.
Page 5 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
4.3. Based upon the City of Round Rock meter data provided, please provide the estimated number of
meters that can be retrofitted with devices and the estimated number of new meters required to
automate the meter population.
4.4. Bidder's solution shall connect to puise accumulating or absolute encoder -type registers.
5. METER MODULES
5.1. Proposer shall furnish specifications of meter module (e.g. size, weight).
5.1.1. List the environmental specifications of your meter module and describe its ability to
withstand heat/cold, water intrusion.
5.1.2. Indicate the expected product life of your meter module and any engineering data to
support the claim.
5.1.3. List all available options for the installation of your meter module into new or existing
meters.
5.1.4. Describe the encoding technology utilized in your meter module.
5.2. Describe the power supply utilized by your meter module.
5.3. Describe all tamper sensors/indicators available with your meter module.
5.4. Define the compatibility of your meter modules with other forms of interrogating devices, such as
handheld computers, fixed communications networks, drive-by equipment, etc. State whether this
is available today.
5.5. Describe the radio frequency under which your meter module operates.
5.6. Define all applicable regulatory requirements associated with your meter module and applicable
approvals on the device
5.7. Describe any FCC licensing requirements for use of the meter module.
5.7.1. What alternatives are available if FCC licenses are not available in the City of Round
Rock service area?
5.7.2. Describe any potential conflicts with city service organizations such as Fire and Police
departments.
5.8. To assure reading success, the meter module shall utilize frequency and/or time diversity to assure
a high reliability in reading.
5.9. The system shall incorporate a technology that takes into account interference and collision
avoidance.
5.9.1. Meter modules that operate using single channel ISM band transmitters are not
permitted.
6. WATER MODULES
6.1. Compatible with fixed network system, drive-by system, or both. Please specify.
6.2. Proposer's solution shall provide the same functionality for both indoor water meters and those
located in pit settings.
6.2.1. Module proposed for pit setting shall be able to withstand the harsh pit environment.
6.3. Meter module shall function accurately and not be damaged within an operating temperature range
of —40 deg C to +70 deg C.
6.4. Remote shall function accurately and not be damaged within humidity environments of 0% to 100%
relative humidity.
6.5. Pit meter module shall function accurately and not be damaged under conditions of submersion in
polluted or non -polluted environments for a period of at least six (6) months.
Page 6 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
6.6. Meter module shall functional accurately and not be damaged when installed outdoors in a full sun
environment for twenty (20) years.
6.7. Pit meter module shall offer an in-line connector that enables removal of the meter for periodic
testing while allowing the module to stay in the field.
6.8. The module shall provide leak detection including an internal algorithm built into the device on an
individual meter level.
6.9. The module shall use a remote antenna, without replacing the module itself.
6.10. The module shall support dual inputs from dissimilar register types, simultaneously, (i.e., encoder
with pulsar type, or different meter vendor registers).
7. DATA COLLECTION DEVICE
7.1. Compatible with fixed network system, drive-by system, or both. Please specify.
7.2. Provide the specifications of data collection device (e.g. size, weight)
7.3. List the environmental specifications of your data collection device.
7.4. List the meter module types that your data collection device reads.
7.5. Define the radio frequency under which your data collection device operates.
7.5.1. Is this a licensed or unlicensed radio frequency?
7.5.1.1. If this is a licensed system, please describe in detail how a license for
your system may be obtained as well as the costs and timeframes
associated with obtaining this license.
7.6. Define all applicable regulatory requirements and approvals associated with your data collection
device.
7.7. Define the performance characteristics of your data collection device (e.g. read rate, accuracy)
7.8. Indicate the capacity of readings obtained by your data collection device in an eight-hour day.
7.9. The system shall verify data integrity in every message.
7.10. Define any applicable warranties associated with your data collection device.
7.11. Describe installation procedures.
7.12. The data collection device shall simultaneously read up to three different meter modules.
7.13. The data collection device shall provide a data storage mechanism.
7.14. The data collection device shall receive software upgrades via the network.
7.15. The data collection device shall have the capability to hold up to 100,000 meters and meter module
ID's that are configurable through the software application.
7.16. The data collection device shall interface to a Windows 2000 or XP supported computers or latest
version - Incode.
7.17. The data collection device shall provide diagnostics to allow trouble shooting via the network.
8. HANDHELD COMPUTER AND RELATED HARDWARE
8.1. Handheld computers may be needed for backup data collection and special meter reading
situations.
8.1.1. Indicate whether your handheld computers are compatible with Fixed Network or
Drive -By AMR systems and can receive readings from the AMR modules.
8.2. Collection Characteristics and Memory:
Page 7 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
8.2.1. All devices shall be completely self-contained and have adequate memory and
internal power sources to perform meter reading or field service activities for an eight-
hour shift.
8.2.2. Memory for application and data used in the data capture devices shall be Flash
Technology, a non-volatile memory that improves data integrity and security.
8.2.3. The device shall allow reading of meters using radio meter modules.
8.3. Keyboard — The keyboard shall provide:
8.3.1. Environmental protection without the need for special covers or cases.
8.3.2. Alphanumeric data entry without need for a Shift key.
8.3.3. New Service/Meter key.
8.3.4. Change meter information key.
8.3.5. Replaceable overlay.
8.3.6. Keyboard shall be phosphorescent for use in low -light settings.
8.4. Display
8.4.1. The devices shall use Liquid Crystal Display (LCD) technology.
8.4.2. Display size (number of characters) shall be at least 30 characters by 18 lines.
8.5. Power Supply — All handheld devices shall be equipped with:
8.5.1. Removable, rechargeable batteries.
8.5.2. Low power indicator.
8.5.3. The battery charging system shall prevent battery "memory" effects which reduce
usable battery time.
8.5.4. The handheld device shall provide data security in the event of loss of power from the
main battery supply. This protection is required even if the main battery supply is
removed while the handheld computer is turned on.
8.5.5. Battery shall be lithium -ion.
8.5.6. The device shall be chargeable outside of the communications cradle, including in a
utility vehicle.
8.5.6.1. Describe all charging options.
8.6. Physical Characteristics
8.6.1. The Unit shall be completely weatherproof and operate in bad weather conditions
such as rain, sleet, freezing rain or snow.
8.6.2. The unit shall operate within ambient temperatures ranging from —4 deg F to +140
deg F without use of cases, plastic coverings, etc.
8.6.3. The unit shall be lightweight.
8.7. Verification And Tamper
8.7.1. The handheld computer shall perform verification reads including current meter and
tamper status.
8.7.1.1. Please define the verification capabilities of your handhelds.
8.8. Communications
8.8.1. The handheld shall have the capability to perform its functions via radio with no wire
connections required to the meter or meter module.
Page 8 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
8.8.1.1. Define the radio technology utilized by your programming handheld
computer.
8.8.2. Should the City of Round Rock choose to purchase a non -radio version of the
handheld, it shall be feasible to upgrade these units in the future.
8.9. Head -End Software For AMR Data Processing
8.9.1. Platform: Data collection software shall operate on a PC compatible computer.
8.9.1.1. Data transfer to and from the CIS system to the proposed system will be
handled by a LAN/WAN connection.
8.9.2. Meter Reading Storage and Processing: The proposed system shall store at least 20
days of meter reading data.
8.9.2.1. The system shall process the billing cycle and allow for operator
decisions for completeness or re -reading of missed meters.
8.9.2.2. Complete data backup and restore required.
8.9.3. Computer Interface: The proposed system shall completely interface to the Fixed
Network or Drive -By data collection device.
8.9.3.1. Field Data collection shall be provided either by manual operation or
automatically based on a pre -configured read schedule.
8.9.4. Consumption Monitoring: To accommodate move outs and high bill investigations,
certain accounts in the system will require consumption monitoring.
8.9.4.1. Accounts shall be monitored over the City of Round Rock specified
intervals and report consumption that is reported above or below the
City of Round Rock defined acceptable consumption levels.
8.9.5. Unscheduled Reads: To support move outs and other special reads, the network
shall support unscheduled reads that may be initiated by the City of Round Rock.
8.9.6. Grouping Functions: To support advanced data delivery applications to the City of
Round Rock customers, the network shall gather and deliver data in pre -established
groups for data aggregation purposes.
8.9.6.1. The network shall deliver group consumption read data.
8.9.6.2. Groups will be defined by the City of Round Rock.
8.9.7. System Interface: The interface shall be utilized by various City of Round Rock units
to access data gathered by the network.
8.9.8. The City of Round Rock requires guaranteed reliability to ensure reads are received
from each endpoint under the network on a daily basis.
8.9.8.1. Describe your solution to ensure a 98% daily read.
8.9.9. Proposer's solution shall allow for maximum spacing between data collectors in the
City of Round Rock's territory.
8.9.9.1. Describe the range of your data collectors with regard to the geography
of our service area.
8.9.10. Leak detection: The solution shall provide leak detection data including an internal
algorithm built into the device on an individual meter level.
8.9.11. Data Logging: The solution shall collect data in intervals of 15 or 30 minutes as well
as hourly and daily.
8.9.12. Management Reports: Specify management reports available with your system.
8.9.12.1. Custom reporting functionality through the use of a third- party reporting
tool (such as Crystal reports) shall be available.
Page 9 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
8.9.13. Monthly Statistics: The proposed system shall provide cycle processing and keep
statistics for meter reading activity of up to twelve (12) months.
8.9.13.1. Cycle reports shall show meter reading activity.
8.9.14. Automatic Scheduled Processing: The proposed system shall support appropriate
functions for automated processing (no operator required) to allow operations to be
scheduled in an unattended mode.
8.9.14.1. Describe this option and the functions supported in this way.
8.9.15. Historical usage: The proposed system shall support the migration to meter data
analysis where historical meter data can be stored for up to twelve (12) months for
the purpose of graphically showing usage patterns.
8.9.15.1. This tool shall be modular able to be added to the proposed system at a
later date.
8.9.15.2. Describe this option and additional capabilities if available.
8.9.16. Web Presentment: The proposed system shall support the capability of customer
web presentment of usage data.
8.9.16.1. This tool shall be modular and able to be added to the proposed system
at a later date.
8.9.16.2. Describe this option and additional capabilities if available.
9. COMPATIBILITY WITH CURRENT INVESTMENTS
9.1. The City of Round Rock has made substantial investments in meter reading technology and
training to date. The proposed system shall leverage this investment.
10. FCC LICENSES
10.1. The supplier shall provide assistance if necessary toward obtaining licenses and/or permits it needs
from the FCC.
11. FLEXIBLE READING METHODS
11.1. The proposed system shall be compatible with alternative reading methods that can be utilized to
collect meter reading data in the event that the primary system is unavailable. Please describe.
11.2. Describe how the proposed meter reading system will support altemate reading technologies
including radio -equipped handheld computers.
11.2.1. No modification to the meter module shall be required to change reading
technologies.
12. IMPLEMENTATION
12.1. Project Management: The vendor, and it's representatives, shall have a proven program of
professional project management to ensure successful system installation. Project managers shall
be experienced in managing the design, installation and optimization of systems. Project
management experience shall include system integration and training support.
12.1.1. Proposer shall describe experience in implementing systems compatible with
specification requirements.
12.1.2. Proposer shall describe experience in implementing systems that include water
service.
12.2. Configuration and Set up:
12.2.1. Proposer shall provide the expected cost for hardware configuration setup, operating
system and software installation, parameter setups, definition of required reports, and
the testing of input and output files.
Page 10 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
13. AUTOMATED INSTALLATION TOOLS:
13.1. The installation process shall include fully automated meter module installation software that
programs the meter modules.
13.2. The meter module installation software shall be expandable to other areas of the utility such as field
service workforces. Describe any capabilities in this area.
14. WARRANTY AND CUSTOMER SUPPORT
14.1. Warranty: Specify the warranty period on all applicable products.
14.2. Customer Support: Proposer shall offer 24-hour per day customer support, seven (7) days a
week. Specify details of the vendor's support package.
15. SYSTEM PRICING: Describe in detail the pricing for the systems proposed. Include any assumptions
made in the proposed solution and pricing.
15.1. The proposed business transaction shall be a purchase of the system by the City of Round Rock.
15.2. The City of Round Rock shall own all data collected by the system.
15.2.1. Data collected by the system shall not be used for any purpose without the approval
of the City of Round Rock.
1. ACCEPTANCE
1.1.
PART III
ACCEPTANCE AND PAYMENT
Acceptance should not take more than thirty working days. The vendor shall be notified within this
time frame if the service delivered is not in full compliance with the specifications. If any purchase
order is canceled for non-acceptance, the needed service may be purchased elsewhere and the
vendor may be charged full increase, if any, in cost of acquiring service.
2. INVOICING
2.1. Contractor shall submit one original and one copy of each invoice referencing the assigned
Purchase Order number on a monthly basis to the following address:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
3. PROMPT PAYMENT POLICY
3.1. Payments will be made within thirty days after the city receives the supplies, materials, equipment,
or the day on which the performance of services was completed or the day on which the City
receives a correct invoice for the service, whichever is later. The Contractor may charge a late fee
(fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made
by the City in the event:
3.1.1. There is a bona fide dispute between the City and Contractor concerning the
supplies, materials, services or equipment delivered or the services performed that
causes the payment to be late; or
3.1.2. The terms of a federal contract, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
Page 11 of 12
RFP 09-001
Specification Number
09-890-46
Dated: October 2008
3.1.3. There is a bona fide dispute between the Contractor and a subcontractor or between
a subcontractor and its suppliers concerning supplies, material, or equipment
delivered or the services performed which caused the payment to be late; or
3.1.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on
the purchase order or contract or other such contractual agreement.
4. OVERCHARGES
4.1. Contractor hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 USGA Section 1 et g., and
which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et
seq.
Page 12 of 12
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for iniuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder, its
agents. representatives. volunteers. employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.4.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workerscompensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor') in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which furnishes persons to provide services on the project. "Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
PROPOSER'S REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: RFP 09-001Automated Meter Reading System
BIDDER'S NAME: DATE:
Provide the name, address, telephone number and point of contract of at least three firms that have
utilized similar service for at least 2 year. References may be checked prior to award. Any negative
responses received may result in disqualification of bid.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
Fax Number (
Fax Number (
Fax Number (
Fax Number (
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Reference Sheet
Page 1 of 1 Dated: 10/2008
146
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