HomeMy WebLinkAboutC-8582-2 - Purchase, Installation, and Maintenance Agreement for Automated Meter Infrastructure for City Water MetersAMENDMENT NO. ONE TO
PURCHASE, INSTALLATION, AND MAINTENANCE AGREEMENT
WITH MUELLER SYSTEMS, LLC FOR
AUTOMATED METER INFRASTRUCTURE FOR CITY WATER METERS
THIS AMENDMENT NO. ONE TO PURCHASE, INSTALLATION, AND
MAINTENANCE AGREEMENT ("Amendment No. One") is made and entered into as of
this 25th day of May, 2023 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and MUELLER
SYSTEMS, LLC, a Delaware limited liability company ("Contractor"), whose address is
1200 Abernathy Road NE, Suite 1200, Atlanta, Georgia 30328, and is made with
reference to the following:
RECITALS
A. On June 9, 2020, City and Contractor entered into a Purchase, Installation, and
Maintenance Agreement ("Agreement") for an Automated Meter Infrastructure
("AMI") solution as detailed in the Scope of Work of Exhibit A of the Agreement
consisting of approximately twenty-six thousand six hundred eighty (26,680)
meters following the initial proof of performance and related infrastructure
("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to June 30, 2024.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2024, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No.
One to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR EY'S OFFICE
Date: S / g-2
By:
n C. Aar
City Attorney
ATTEST:
Date: Z oZ
By:
Y
Leilani I. Br n
City Clerk
H
�c�Foa%
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: \
Grace K. Leung
City Manager
CONTRACTOR: MUELLER SYSTEMS,
LLC, a Delaware limited liability company
Date:
By:
Eric Stacey
Vice President/General Manager
Date: A41t,�� Zvz3
By:
Cha n Carroll
Assistant Secretary
[END OF SIGNATURES]
Mueller Systems, LLC Page 2
PURCHASE, INSTALLATION, AND MAINTENANCE AGREEMENT
WITH MUELLER SYSTEMS, LLC FOR
AUTOMATED METER INFRASTRUCTURE FOR CITY WATER METERS
THIS PURCHASE, INSTALLATION, AND MAINTENANCE AGREEMENT
("Agreement") is made and entered into as of this 9th day of June, 2020 ("Effective Date")
by and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and Mueller Systems, LLC, a Delaware limited liability company
("Contractor"), whose principal place of business is 1200 Abernathy Road NE, Suite 1200,
Atlanta, Georgia 30328 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to provide an Automated Meter Infrastructure
("AMI") solution as detailed in the Scope of Work attached hereto and incorporated
herein as Exhibit "A" ("Project"), consisting of approximately twenty-six thousand six
hundred eighty (26,680) meters following the initial proof of performance and related
infrastructure.
C. The United States Bureau of Reclamation ("USBR") has awarded the City of Newport
Beach a "Water Smart" grant in the amount of One Million Four Hundred Ninety Nine
Thousand Dollars and 00/100 ($1,499,000.00) ("Grant") to assist in offsetting the total
cost of the Mueller Advanced Metering Infrastructure Project; the USBR has
identified water savings capabilities with the AMI Project that necessitated the
awarding of the grant to the City.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the City for the Project, is familiar with all
conditions relevant to the performance of services and has committed to perform all
work required for the price specified in this Agreement.
E. City has solicited and received a proposal from Contractor, has reviewed the previous
experience and evaluated the expertise of Contractor, and desires to retain
Contractor to render professional services under the terms and conditions set forth
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows -
1 .
ollows:1. SCOPE OF WORK
1.1 Contractor shall provide all tangible items and perform all the services
described in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by
reference. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants that it will perform all Services in
a manner commensurate with community professional standards and with the ordinary
degree of skill and care that would be used under reasonably competent practitioners of the
same discipline under similar circumstances and that all materials will be of good quality.
1.2 Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and all
utility and transportation services necessary for the Project.
1.3 In consideration of the payment of the purchase price and subject to all the
terms and conditions hereof, Contractor shall furnish, install, and maintain an AMI solution
(hereinafter referred to as "Solution"), as listed and set forth in the Scope of Work attached
hereto as Exhibit "A" ("Work" or "Services").
2. TIME OF PERFORMANCE
2.1 Time is of the essence in the performance of services under this Agreement
and Contractor shall complete the Project installation, implementation and acceptance
testing within the time set forth in Exhibit "A". The failure by Contractor to meet this schedule
may result in termination of this Agreement by City as outlined in Section 18 below.
2.2 Force Maieure. The time period(s) specified in Exhibit "A" for performance of
services rendered pursuant to this Agreement shall be extended because of any delays due
to unforeseeable causes beyond the control and without the fault or negligence of
Contractor, including but not restricted to acts of God or of the public enemy, unusually
severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and/or acts of any governmental agency, including the City, if
Contractor shall within ten (10) days of the commencement of such delay notify City in
writing of the cause of the delay. This section shall also include causes in relation to the
existing national COVID-19 pandemic. City shall ascertain the facts and extent of delay,and
extend the time for performing the services for the period of the enforced delay when and if
in the judgment of the City such delay is justified. City's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to
recover damages against City for any delay in performance of this Agreement, however
caused, Contractor may extend the Agreement pursuant to this Section.
3. TERM
Unless earlier terminated in accordance with Section 19 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services agreed to
herein or until June 30, 2023, whichever occurs first.
4. COMPENSATION
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates as set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Mueller Systems, LLC Page 2
Contractor's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items, subcontractor fees, for a base contract amount of Seven
Million Eight Hundred Thirty Seven Thousand One Hundred Seventy Three Dollars and
14/100 ($7,837,173.14), and 2% allocation for bonding in the amount of One Hundred Fifty
Six Thousand Seven Hundred Forty Three Dollars and 46/100 ($156,743.46), and a 2%
contingency in the amount of One Hundred Fifty Six Thousand Eighty Three Dollars and
40/100 ($156,083.40), which shall not exceed Eight Million One Hundred Fifty Thousand
Dollars and 00/100 ($8,150,000.00) without prior written amendment authorization from
City. City shall not be obligated to purchase all items at such quantities provided in Exhibit
"B". No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person who
performed the Work, a brief description of the Services performed and/or the specific task
in the Scope of Services to which it relates, the date the Services were performed, the
number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days
after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit "B" to this Agreement or specifically approved in writing in advance by
City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any Work
that is determined by City to be necessary for the proper completion of the Project, but which
is not included within the Scope of Services and which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set
forth in Exhibit "B."
4.5 Contractor shall provide City with a minimum fourteen (14) days' notice of its
dates of installation to enable the City to prepare the installation sites for the Solution in
accordance with the instructions of Contractor. The City shall complete site preparation
prior to the date of installation of the Solution, and the site shall thereafter be available for
inspection and approval. All costs and expenses related to the site preparation shall be at
the sole expense of City. City's site preparation shall include, but is not limited to:
(a) Preparing maps and scouting potential data collector locations; and
(b) Performing meter box surveys.
4.6 The reporting requirements of City's USBR Grant are attached hereto as
Exhibit "C" and incorporated herein by reference. Contractor shall use its best efforts to
coordinate with City to assist in City's obligations to USBR in relation to the Grant.
4.7 Taxes: The fees payable to Contractor are set forth in the Schedule of Billing
Rates included within Exhibit B do not include any taxes, including, without limitation, sales,
Mueller Systems, LLC Page 3
use or excise tax. City and Contractor specifically agree and designate the point of sale and
place of delivery for any and all taxable purposes under this Agreement, including, but not
limit to, all Services or Work, shall be the City of Newport Beach 100 Civic Center Dr.,
Newport Beach, CA 92660. Furthermore, under the City's Direct Payment Exemption permit
number SR EAA 24-089475 DP, the City will self -accrue its Use Tax obligation to the
California State Board of Equalization within thirty (30) days of delivery of the products to
the City. If only partial delivery of the taxable items in Exhibit B are received by the City, the
City will only pay the California State Board of Equalization the amount of Use Tax due on
the value of the items delivered in accordance with the prices set forth in Exhibit B. City
shall provide Contractor with a copy of the City's Direct Payment Exemption permit within
thirty (30) days of the Effective Date.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during the
term of the Agreement. Contractor has designated Kevin Cornejo to be its Project Manager.
Contractor shall not remove or reassign the Project Manager without the prior written
consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. City's Utilities
Manager or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement.
7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit "A" in
performing services under this Agreement. Any deviation from the materials described in
Exhibit "A" shall not be installed unless approved in advance by the City Project
Administrator.
7.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform the
services required by this Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall be performed by
qualified and experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services shall not be responsible in any manner for: any loss or
damage to any of the materials or other things used or employed in performing the Project
or for injury to or death of any person as a result of Contractor's performance of the services
required hereunder; or, for damage to property from any cause arising from the performance
of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone
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employed by either of them, unless caused by the City's negligent acts, omissions, or willful
misconduct.
8.2 Contractor shall be responsible for any liability imposed by law and for injuries
to or death of any person or damage to property resulting from defects, obstructions or from
any cause to the extent arising from the negligent acts, omissions, or willful misconduct of
the Contractor or any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, volunteers,
employees, and any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services contemplated by this
Agreement (collectively, the "Indemnified Parties") from and against: (1) any and all third -
party claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liability, costs and expenses (including, without limitation,
reasonable attorneys' fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any
manner directly related to Contractor's negligent performance of this Agreement or activities
conducted on the Project (including the negligent and/or willful acts, errors and/or omissions
of Contractor, its principals, officers, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly by any of them or for whose acts they may be
liable or any or all of them); (2) use of improper materials in performing this Project and/or
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the Project,
and shall include reasonable attorneys' fees and all other costs incurred in defending any
such claim. Contractor's liability in this Subsection and this Agreement shall be limited to
the maximum amount of its insurance coverage for claims arising out of acts performed
under this Agreement. Contractor shall not be held responsible for consequential or special
damages, or claims made to City for such consequential or special damages. Nothing
herein shall require Contractor to indemnify City from the negligence or willful misconduct of
City, its officers or employees.
8.4 Intellectual Propertv Indemnity - Contractor shall defend, indemnify and hold
City, its agents, officers, representatives, employees and City Council, boards and
commissions harmless from any proceeding brought against City for any intentional or
unintentional violation of the intellectual property rights of any third party with respect to
Solution deliverables purchased in this Agreement This indemnification shall include, but is
not limited to, infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Contractor's deliverables provided under this
Agreement.
8.5 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall perform work as specified in Exhibit "A" to limit impacts to traffic during the
system installation period. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
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8.6 Contractor shall provide traffic control and access in accordance with Section
7-10 of the State Standard Specifications and the latest edition of the Work Area Traffic
Control Handbook (WATCH), as published by Building News, Inc.
8.7 Traffic control and detours shall at a minimum meet the following
requirements:
8.7.1 Emergency vehicle access shall be maintained at all times.
8.7.2 The locations and wordings of all barricades, signs, delineators, lights,
warning devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a minimum of
inconvenience to the public.
8.7.3 All advanced warning sign installations shall be reflectorized and/or
lighted.
8.7.4 Traffic signal system shutdown or planned "red flash" shall be limited
to 4 -hour periods between the hours of 9:00 a.m. and 3:00 p.m. on weekdays (Monday
through Thursday), except as authorized by the Project Administrator.
8.7.5 "STOP AHEAD" and "STOP" signs shall be furnished by the
Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area
Signs," of the State Standard Specifications except that the base material for the signs shall
not be plywood. Two "STOP AHEAD" signs and two "STOP" signs shall be placed for each
direction of traffic. Locations of the signs shall be per the WATCH manual.
8.8 Nothing in this Section shall be construed as authorizing any award of
attorney's fees in any action to enforce the terms of this Agreement, except to the extent
provided in Section 8.3 above.
8.9 The rights and obligations set forth in this Section shall survive the termination
of this Agreement.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor
its employees, nor any of its subcontractors, are to be considered employees of the City.
The manner and means of conducting the work are under the control of Contractor, except
to the extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment shall accrue to Contractor
or its employees.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to be
performed. City agrees to cooperate with the Contractor on the Project.
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11. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term of
this Agreement or for other periods as specified in this Agreement, policies of insurance of
the type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit "D," and incorporated herein by reference.
12. BONDING
12.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement: a Labor and Materials Payment Bond in the amount of one hundred
percent (100%) of the total amount to be paid Contractor as set forth in this Agreement and
in the form attached hereto as Exhibit "E" which is incorporated herein by this reference; and
a Faithful Performance Bond in the amount of one hundred percent (100%) of the total
amount to be paid Contractor as set forth in this Agreement in the form attached hereto as
Exhibit "F" which is incorporated herein by this reference.
12.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall
be issued by an insurance organization or surety (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned
a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide: Property -Casualty.
12.3 The Contractor shall deliver, concurrently with execution of this Agreement,
the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of
the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of California.
13. PREVAILING WAGES
13.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays, overtime work, fringe benefits and contributions for each craft or type of workman
needed to execute the work contemplated under the Agreement shall be paid to all workmen
employed on the work to be performed by the Contractor and any subcontractor, insofar as
the provisions are applicable to the work being performed. Attached hereto as Exhibit "H"
are the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and
1815. These provisions are incorporated by reference into this Agreement and Contractor
agrees to comply with these provisions.
13.2 In accordance with the California Labor Code (Sections 1770 et seq.), the
Director of the Department of Industrial Relations has ascertained the general prevailing rate
of per diem wages in the locality in which the work is to be performed for each craft,
classification, or type of workman or mechanic needed to execute the Agreement.
Contractor is required to obtain the applicable prevailing wage determinations from the
Department of Industrial Relations and post the applicable prevailing rate of per diem wages.
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It shall also be the obligation of the Contractor or any subcontractor under him/her to comply
with all State of California labor laws, rules and regulations and the parties agree that the
City shall not be liable for any violation thereof.
13.3 Unless otherwise exempt bylaw, Contractor warrants that Contractor and any
subcontractors who were listed on the bid proposal for the Services are registered and
qualified to perform public work. Contractor further warrants that Contractor is currently
registered and qualified to perform "public work" pursuant to California Labor Code section
1725.5 or any successor statute thereto and that no contractor or subcontractor will engage
in the performance of the Services unless currently registered and qualified to perform public
work.
14. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform work on this Project are
identified in Exhibit "A". Contractor shall be fully responsible to City for all acts and omissions
of any subcontractor. Nothing in this Agreement shall create any contractual relationship
between City and any subcontractor nor shall it create any obligation on the part of City to
pay or to see to the payment of any monies due to any such subcontractor other than as
otherwise required by law. City is an intended beneficiary of any work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the services to be provided under this
Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
15. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or his/her designee with respect to such disputed sums.
Contractor shall be entitled to receive interest on any withheld sums at the rate of return that
City earned on its investments during the time period, from the date of withholding of any
amounts found to have been improperly withheld.
16. CONFLICTS OF INTEREST
16.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act" and/or Government Code §§ 1090 et
seq.,"), which (1) require such persons to disclose any financial interest that may foreseeably
be materially affected by the work performed under this Agreement, and (2) prohibit such
persons from making, or participating in making, decisions that will foreseeably financially
affect such interest.
16.2 If subject to the Act and/or Government Code §§1090 et seq., Contractor shall
conform to all requirements therein. Failure to do so constitutes a material breach and is
grounds for immediate termination of this Agreement by City. Contractor shall indemnify
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and hold harmless City for any and all claims for damages resulting from Contractor's
violation of this Section.
17. NOTICES
17.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the deposit
thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter
provided. All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Utilities Manager
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
17.2 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Keith Adkins
Mueller Systems, LLC
P.O. Box 128
10210 Statesville Boulevard
Cleveland, NC 27013
18. CLAIMS
18.1 Unless a shorter time is specified elsewhere in this Agreement, before making
its final request for payment under this Agreement, Contractor shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Contractor's acceptance
of the final payment shall constitute a waiver of all claims for compensation under or arising
out of this Agreement except those previously made in writing and identified by Contractor
in writing as unsettled at the time of its final request for payment. Contractor and City
expressly agree that in addition to any claims filing requirements set forth in the Agreement,
Contractor shall be required to file any claim Contractor may have against City in strict
conformance with the Government Claims Act (Government Code sections 900 et seq.).
18.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract
Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute
resolution process set forth therein. Any part of such "Claim" remaining in dispute after
completion of the dispute resolution process provided for in Public Contract Code section
9204 or any successor statute thereto shall be subject to the Government Claims Act
requirements requiring Contractor/Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in
Public Contract Code section 9204 or any successor statute thereto, Contractor shall be
Mueller Systems, LLC Page 9
required to file such claim with the City in strict conformance with the Government Claims
Act (Government Code sections 900 et seq.).
19. TERMINATION
19.1 Termination With Cause - In the event that either party fails or refuses to
perform any of the provisions of this Agreement at the time and in the manner required, that
party shall be deemed in default in the performance of this Agreement. If such default is not
cured within a period of five (5) calendar days, or if more than five (5) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within five (5) calendar days after receipt of written notice of
default, specifying the nature of such default and the steps necessary to cure such default,
the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
19.2 Termination Without Cause. Notwithstanding the above provisions, City shall
have the right, at its sole discretion and without cause, of terminating this Agreement at any
time by giving seven (7) calendar days prior written notice to Contractor. In the event of
termination under this Section, City shall pay Contractor for services satisfactorily performed
and costs incurred in the performance of such services up to the effective date of termination
for which Contractor has not previously been paid. In the event of termination under this
Section, City shall also pay Contractor for the Solution, associated materials, and hardware
delivered to City site under this Agreement that City deems usable.
20. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has
visited the Project site(s), has become familiar with the local conditions under which the work
is to be performed, and has taken into consideration these factors in submitting its Project
proposal and Scope of Work.
21. WARRANTY
21.1 Contractor warrants to City that the entire Solution to be delivered hereunder
will be free from defects in material or workmanship and will be of the kind and quality
designated or specified by Contractor in Exhibit "A." The applicable warranties for the
Solution are set forth in greater detail in Exhibit "A," Attachment 8, "Warranty Information." If
Contractor installs the Solution and associated hardware and materials, or supplies
technical directions of installation by Agreement, the warranty period is as provided in Exhibit
"A" Attachment 8, "Warranty Information".
21.2 If Contractor -manufactured equipment delivered hereunder does not meet the
warranties set forth in Exhibit "A," and if City promptly notifies Contractor in writing,
Contractor shall thereupon correct as specified in Exhibit "A".
21.3 The warranties set forth in Exhibit "A" are exclusive and in lieu of all other
warranties, whether written, oral, implied or statutory. Contractor does not warrant any
equipment of other manufacture designated by City.
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22. SOFTWARE LICENSE
22.1 Contractor hereby grants to City for the term of this Agreement and for the
fees specified in Exhibit B, a limited, non-exclusive, non -transferable license (without the
right of further sublicense) to operate, use, and display the software and documentation
solely for the purposes of this Agreement in accordance with the End User License
Agreement identified in Exhibit "G" ("EULA"), which is hereby incorporated by reference. In
consideration of City's payment of the ongoing support and maintenance fees set forth in
Exhibit B, Contractor will provide City with an ongoing license of the Software and the
maintenance and support services described in the EULA. Exhibit G survives the expiration
or termination of this Agreement.
22.2 Contractor hereby agrees to provide monitoring services under the terms and
conditions specified in the EULA.
23. REPRESENTATIONS
23.1 Non -infringement. Contractor represents that to the best of its knowledge the
technology embodied in the Solution sold herein does not infringe upon a United States
patent or United States copyright in effect as of the Effective Date.
23.2 Authori . Each party represents as follows: (a) that it has full power and
authority to execute, deliver and perform its obligations under this Agreement; (b) that there
are no actions, proceedings or investigations, pending or, to the best of each party's
knowledge, threatened against such party which may in any manner whatsoever materially
affect the enforceability of this Agreement or the rights, duties and obligations of the parties
hereunder; and (c) that the execution, delivery and performance of this Agreement will not
constitute a breach or default under any agreement, law or court order under which such
party is a party or may be bound or affected by or which may affect the rights, duties and
obligations hereunder.
23.3 No Other Representations. Each party acknowledges and agrees that it is
relying on no representation of the other party except as expressly set forth herein.
24. CONFIDENTIAL INFORMATION.
24.1 Confidential Information. In the performance of this Agreement or in
contemplation thereof, the parties and their respective employees and agents may have
access to private or confidential information owned or controlled by the other party and such
information may contain proprietary details and disclosures. All information and data
identified in writing as proprietary or confidential by either party ("Confidential Information")
and so acquired by the other party or its employees or agents under this Agreement or in
contemplation thereof shall be and shall remain the disclosing party's exclusive property.
The recipient of Confidential Information shall use all reasonable efforts (which in any event
shall not be less than the efforts the recipient takes to ensure the confidentiality of its own
proprietary and other confidential information) to keep, and have its employees and agents
keep, any and all Confidential Information confidential, and shall not copy, or publish or
disclose it to others, nor authorize its employees, agents or anyone else to copy or disclose
it to others, without the disclosing party's written approval; nor shall the recipient make use
Mueller Systems, LLC Page 11
of the Confidential Information except for the purposes of executing its obligations
hereunder, and (except as provided for herein) shall return the Confidential Information and
data to the first party at its request. The City's duty to maintain confidentiality as described
hereunder shall be subject to the laws of the State of California.
24.2 Excluded Information. The foregoing conditions will not apply to information
or data which is, or which becomes generally known to the public by publication or by any
means other than a breach of duty on the part of the recipient hereunder, is information
previously known to the recipient, is information independently developed by or for the
recipient or is information generally released by the owning party without restriction.
24.3 Right to Injunctive Relief. Because of the unique nature of the Confidential
Information, the parties agree that each party may suffer irreparable harm in the event that
the other party fails to comply with any of its obligations under this Section, and that
monetary damages may be inadequate to compensate either party for such breach.
Accordingly, the parties agree that either party will, in addition to any other remedies
available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of
this Section.
25. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Additionally, all material posted in cyberspace by Contractor, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement, shall
become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Contractor or any other party.
Contractor shall, at Contractors expense, provide such Documents, including all logins and
password information to City upon prior written request.
26. ASSIGNMENT
This Agreement shall not be assigned by any party, or any party substituted, without
prior written consent of the City and the Contractor.
27. STANDARD PROVISIONS
27.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
27.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
Mueller Systems, LLC Page 12
county, state and federal laws, rules, regulations and permit requirements and be subject to
approval of the Project Administrator and City.
27.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition contained herein, whether of the same
or a different character.
27.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
27.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
27.6 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party
by reason of the authorship of the Agreement or any other rule of construction which might
otherwise apply.
27.7 Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
27.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
27.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this Agreement
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
27.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
27.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
27.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Mueller Systems, LLC Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATT RNEY'S OFFICE
Date-.—
By:
ate:By:
Aaron C. Harp
�{ City Attorney
ATTEST:
Date:
— b.
CITY OF NEWPORT BEACH,
a Californiam�n*cipal corporation
Date: �zy1pLd
By: �i
Will O'Neill
Mayor
CONTRACTOR: MUELLER SYSTEMS,
LLC a Delaware limited liability company
Date:
ABy: By:
Leilani I. Brown f
City Clerk VP
n DeYarman�
/ GM, Metrology
Signed in Counterpart
Chason Carroll
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Work
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Reporting Subawards and Executive Compensation
Exhibit D
— Insurance Requirements
Exhibit E
— Labor and Materials Payment Bond
Exhibit F
— Faithful Performance Bond
Exhibit G
— EULA
Exhibit H
— Prevailing Wage Codes
Mueller Systems, LLC Page 14
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNY'S OFFICE
Date:_ 1.
By:
Fae:Aaron C. Harp
City Attorney
ATTEST:
Date:
in
Leilani i. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONTRACTOR: MUELLER SYSTEMS,
LLC a Delaware limited liability company
Date:
NM
John DeYarman
VP / GM, Metrlogy
By:
Ch son Carroll
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Work
Exhibit B — Schedule of Billing Rates
Exhibit C — Reporting Subawards and Executive Compensation
Exhibit D — Insurance Requirements
Exhibit E — Labor and Materials Payment Bond
Exhibit F — Faithful Performance Bond
Exhibit G — EULA
Exhibit H — Prevailing Wage Codes
Mueller Systems, LLC Page 14
EXHIBIT A
SCOPE OF WORK
Mueller Systems, LLC Page A-1
CITY OF NEWPORT BEACH AGREEMENT
WITH
MUELLER SYSTEMS
AUTOMATED METER INFRASTRUCTURE (AMI)
PURCHASE, INSTALLATION & MAINTENANCE
AGREEMENT EXHIBIT A
(SCOPE OF WORK)
Scope of Work - City of Newport Beach
Scope of Work Table of Contents
1. Introduction..........................................................................................................................3
2. Scope of full AMI System........................................................................................................3
3. Hardware Delivery .................................................................................................................5
4. Hardware Installation............................................................................................................5
4.1.Network Equipment...............................................................................................................5
4.2.Meter and MiNode.................................................................................................................5
5. AMI Software Integration - Mi.Host.....................................................................................16
6. AMI Software Integration — Consumer Portal.......................................................................16
7. Mueller Systems' Responsibilities.........................................................................................17
8. City's Responsibilities...........................................................................................................17
9. Project Communications and Status Updates.......................................................................18
10. Project Schedule..................................................................................................................18
11. Training...............................................................................................................................19
12. System Acceptance..............................................................................................................19
13. Final Completion..................................................................................................................20
Attachments:
1. Propagation Study Case 20954 dated 3 29 2019
2. N/A
3. N/A
4. Endpoint Acceptance Plan
5. Schedule of Values
6. Utility Roles and Responsibilities
7. Training Agenda
8. Warranty Information
2
Scope of Work - City of Newport Beach
1. Introduction
This Scope of Work document serves as an overview of the work to be performed for the City of
Newport Beach ("City") to complete the deployment of the Mi.Net AMI System. This Scope of
Work outlines the responsibilities of Mueller Systems, LLC (also referred to as "Contractor") and
the City required for a successful implementation of an Advanced Metering Infrastructure
("AMI") system encompassing approximately 26,309 -meter services, following the initial proof of
performance ("POP") phase for implementing an AMI system on 250 water meters.
2. Scope of full AMI System
The hardware that makes up the Mueller Systems' Mi.Net AMI system that is to be installed
within the City will consist of the following sizes and quantities. These are approximate and
actual values may differ. Any differences in quantities not requiring an amendment to the
Agreement will be handled via change order. A change order shall reflect the mutual written
agreement of the parties and the Contractor shall only commence work covered by a change
order after the change order is executed and notification to proceed has been provided by the
City.
5/8" Meters
16917
3/4" Meters
4
1" Meters
7259
1-1/2" Meters
553
2" Meters
1444
3" Neptune Tru/Flo Compound Meters (Retrofit)
32
3" Neptune HPT Compound Meters (Retrofit)
11
4" Neptune Tru/Flo Compound Meters (Retrofit)
52
4" Neptune HPT Compound Meters (Retrofit)
9
4" Neptune Proctectus III Compound Meters
1
6" Neptune Tru/Flo Compound Meters (Retrofit)
13
6" Neptune HPT Compound Meters (Retrofit)
3
6" Neptune Proctectus III Compound Meters
2
8" Neptune HPT Compound Meters (Retrofit)
7
8" Neptune Proctectus III Compound Meters
2
All meters, registers, nodes and boxes, etc. will be installed by Mueller Systems. All
products, including third party products such as boxes and lids, will be approved by the
City prior to purchase and installation by Mueller Systems.
The AMI network and host software will be installed and managed by Mueller Systems.
Scope of Work - City of Newport
- All of the Mi.Node Water meter radios will be configured by default as follows
o Hourly reading (Mi.Node interrogates register hourly)
o Transmit Frequency: Daily Upload
■ Readings in the Mi.Net System will be in cubic feet
■ Readings passed to the billing software will be in hundred cubic feet (HCF) (Fixed "0")
■ Standard Mueller Systems' Mi.Net Water Alert configurations
- The data for the AMI Network will be stored on a server hosted by Mueller Systems. The system will
have the following capabilities: (some of these activities were completed in the Pilot phase).
o Basic AMI
■ Utility User Interface
■ List of Installed meters with last uploaded reading
■ Deployment wide consumption graph
■ Meter Details page for each meter
■ Basic Graphing of Consumer Consumption
■ Customer Information (Automatically Imported as Read only)
■ Account Management (Read only - imported from existing billingsystem)
■ Hourly readings on all meters
o Billing Interface — meter data passing from Mi.Host to the City's billingsystem.
o Customer Information System ("CIS") Interface - Weekly importing of customer updates from
City's billingsystem
o Meter reading schedule — daily upload of consumption and hourly readings, on demand upon
request
o Network Maintenance, and Troubleshooting
o Mi.Host User Interface
o Mi.Net Mobile Trimble Handheld(s) with Installation Radio(s)
o Network Management Tool ("NMT")
M
Scope of Work - City of Newport
3. Hardware Delivery
Hardware delivery will be scheduled at the time of order entry. Hardware delivery will
be incorporated into the Project schedule once it is available. City will issue purchase
orders for product in order for delivery in time to meet installation schedule. A
minimum of 8 weeks' worth of product will be onsite during meter installations to avoid
stock out. Shipment orders to be placed with full truck capacity to minimize freight
costs, unless City's project administer determines partial orders must be shipped
immediately. If requested to ship immediately the parties will review and agreed upon
shipping charges. Products, software and services will be billed in accordance with the
Schedule of Values in Attachment 5 hereto. Mueller Systems recommends that the City
maintains stock of a minimum of 1% total project volume for spares.
4. Hardware Installation
4.1. Network Equipment
A preliminary network design has been completed based on the inputs provided to
Mueller Systems and is attached as Attachment 1. Mueller Systems will conduct final site
surveys and develop a Final Network Design following contract execution. Both parties will
review network design inclusive of locations, assumptions, etc. prior to installation of
network equipment. If any City assets are needed, City approvals will be requested, and
the design adjusted accordingly. Mueller Systems will request City approval of the Final
Network Design if any City assets are required for coverage. Mueller Systems will complete
the installation of all required Collectors and ancillary equipment no later than 90 days
from Effective Date for locations where Data Collectors have been sited. Descriptions of
the proposed sites, equipment, and placements are in the Propagation Study are in
Attachment 1. The installed network will be tested for coverage as part of the Project.
4.2. Meter and MiNode
Meters and MiNode equipment will be installed by Mueller Systems subcontractor, and
will be managed by the Mueller Systems project team. Mueller Systems will provide
training for installation teams on the use of MiNet specific installation tools and
procedures.
Installation Procedures:
Community Outreach and Customer Communication
- Seven (7) days prior to meter installation a door knock and door hanger (approved by
City's project administrator) will be left with the resident indicating time of install,
frequently asked questions, and important phone numbers for questions to be
answered.
Installers Appearance
- Installers must wear safety vest with description "AMI Meter Installer / Contract Worker
for City of Newport Beach"
5
Scope of Work - City of Newport
- Vehicle must indicate they are a "Contract Worker for the City of Newport Beach"
Installer notification at time of meter installation
- Knock on the homeowner's door. If the homeowner is home, alert them of the meter
change out that will take place.
- Installation tech will perform the change out.
- After completion, tech will provide the homeowner with contact information, in the form
of a door hanger, should there be an issue that comes up after installation.
- If the homeowner is not home, a door hanger will be left after the meter installation is
completed informing the customer of what took place.
- All customer complaints and field escalations will be handled by installation team initially
then referred back to City if required.
Additional Suggestions for City
- Consumer water bill inserts one month prior to meter installations
- Website outreach -Frequently Asked Questions (FAQ) section on website for AMI Project
- Social Media- Utility Facebook/Twitter page alerting residents of the meter project
- Meetings with Homeowners Associations (HOA's) to inform and answer questions
Daily meet time 7:30am Designated Site
Storage- Storage of project materials to be provided by City. Installer will manage and track
inventory. Consultant's Project team will keep a copy of all sign out sheets of material for Installer
records. Old meters are to be returned to the box where the new meters were taken from. The
installer will write the address, date and initials on the outside of the box of each meter stored in
that box. The boxes are to be stacked neatly back on a pallet addresses facing out in designated
area neatly. Place the caps from the new meter back on the ends of the old meters. Clear all old
tags and trash from the boxes and discard in designated trash areas before stacking the boxes.
Meter Installation
Meters will be installed by cycle/route order to be determined jointly between the City staff and
the Mueller Project Manager, following the meter reading sequence that's agreed upon by all
parties. Mueller Systems and Installer will work with utility to evaluate route efficiency. Most meters
are outside in a pit location, so appointments are unnecessary. Mueller Systems assumes that less
than O.S% of residential accounts will require an appointment. If the requirement for residential
appointments is above this rate, then the parties will discuss options to resolve. The following steps
are the general installation plan, identified potential problems, and resolution suggestions. After
hours work requests will be agreed upon in advance of work being perform between Mueller
Systems and the City of Newport Beach.
Installer Staffing Plan -
Project duration established for 36 months, Installer's project staff will include: Install Project
Scope of Work - City of Newport
Manager and a Field Supervisor with approximately two to three installation technician and quality
resources for project duration.
Project duration established for 18 months, Installer project staff will include:
- Install Project Manager—Oversee all project operations and planning Assistant Install
Project Manager- Support PM Daily Operations
- Field Manager- Oversee all Field Activity and assist with field issues Meter Installers -
Individuals who are conducting the field activities of installing the meters
- QC- QC person to field inspect all work the day after install Lid Specialist- Drilling Lids
(if required)
Installation Project Team — Roles and Responsibilities
Install Project Manager ("PM") — (7 am — 4 pm)
1. Will oversee the daily operations of the meter installation Project.
2. Deploy daily routes, instruction, inventory and supplies for install, quality control ("QC")
and lid drilling teams.
3. Will also distribute send back problem accounts from previous day to be completed by
installer before installer starts daily installs.
4. Communicate with designated contacts from Mueller Systems, and City utility
department daily to address any previous day's issues.
5. Track route allocation and scheduling with City, Mueller Systems and Installer Project
Support.
6. Daily field visits and support to team to audit install quality, QC progress, training,etc.
Assistant Install Prosect Manager ("Assistant Manager")
Will assist the PM with upholding the daily procedures and guidelines set on the Project as
described above.
Daily Task for Assistant Manager (9 am -6pm)
11. Govern the distribution and execution of the audits to the installers. (ALL DATA ISSUES
WILL BE CORRECTED BY NEXT DAY)
12. Complete the exceptions list follow up locations, access, etc. If the meter pit is able to be
installed the assistant PM will do install at point of contact.
13. Install pit meters in route as day is planned with other responsibilities.
14. Check in the installers nightly. Collect installer's daily field summary sheet, phones
and paperwork. Make sure Installer work order management system data is
uploaded successfully.
15. Do nightly paperwork summary for Project Manager to review in the morning.
V/
Scope of Work - City of Newport
General Install procedures -
1. Never park or turn around in a residential driveway. Park vehicle in safe location on the
street of install location. If it's a busy road, you can pull on a side street as close as
possible to the location that you are doing the install. Put safety cones out.
2. Exit your vehicle and collect all necessary equipment you will need for install.
3. Verify Address on route sheet with house number on the structure you are going to be
installing. If there is not a number on the structure, check the surrounding structures
to see if logically this should be the correct location.
4. Locate the pit or vault where you will complete the installation. Some pits are not
easily visible so may be necessary to use directions provided by utility if available. Once
you locate the meter box open up the lid to verify provided data information (old
meter#, last read, if available)
5. Knock on the door and inform homeowner of your arrival/ about the replacement. Let
them know water will be off for a fewminutes.
6. Select the address in the Mueller Systems handheld and click Install, Exchange.
7. Select the address in the handheld. Summary screen will provide meter information.
8. Verify old meter number, address and old reading (if provided) match in both handhelds.
9. TURN ON WATER FAUCET/HOSE CONNECTION.
10. VERIFY METER IS MOVING AND THE INFORMATION IS CORRECT.
11. Turn water off if no back-flow preventer.
12. If necessary, removewater and or dirt from meter box and dispose of as directed.
13. If a leak is present, bad plumbing or any other noticeable issue, stop and let your manager
know or make as an exception as directed.
14. Start install in the handheld and double check that the information matches.
15. With the handheld:
• (P)***Take a picture of meter in the box showing valve position before work start (see
Pic 1);
• Remove the old meter - Turn off the water and remove the meter.
• Enter the old meter reading;
• (P)***Take picture of the register, validating the picture shows the reading (see pic2);
• (P)***Take a picture of the old meter serial number (see pic3);
• Scan in the new meter number;
• Scan Transmitter number;
• Fill out other information in handheld.
16. Install the new meter, check to make sure the arrow is pointing in the correct direction.
17. Turn on the water and check for leaks.
18. Flush the air from hose connection, if available, running 10 gallons whenever possible.
Leave door hanger if hose connection not available.
19. (P)*** TAKE PICTURE OF WATER BEING FLUSHED (see pic4).
20. Return to pit and make sure the meter ran in the proper direction.
21. (P)***Take picture of number for new meter number and number of the MiNode showing
the screw properly installed (see Pic 5).
8
Scope of Work - City of Newport
22. With the Mueller Systems handheld:
• Enter the old meter reading, Next;
• Enter the Meter Type as "Mueller Systems SSR EXT";
• Enter the multiplier as defined by Mueller Systems
• Enter the size;
• Enter the location and lid type, Next;
• Scan the Mueller ID, Register ID, and Base ID, Test; and
• Select Next, Next, Done to collect GPS.
23. With the handheld:
• (P)*** Take Picture of entire setting showing valve position, meter direction, and
reading on new meter. (see pic 6)
24. TURN OFF WATER FAUCET/HOSE CONNECTION.
25. Make sure flow stops.
26. Fill out paperwork for the project.
27. Replace lid or drill lid as applicable and install the through the lid ("TTL") hanger with nut
and screw.
28. (P)***Take a picture from the side of the drilled lid with the installed TTL.
29. (P)***Take final picture of lid drilled and or replaced (make sure item is noted on
paperwork).
30. Note any exceptions in the notes section.
31. Pick up and Clean up area.
32. Put the old meter WITH PLASTIC END CAPS in the box you took the new meterfrom.
33. Complete as an exception if no lid is available and it cannot be drilled.
34. Wrap up install. Make sure you collect all tools and trash associated with the install and
then proceed to the next location.
Data collection as follows: Pictures:
Installer Photos Description:
1. Existing meter setting — picture of old meter in box showing valve position before start.
(See picture 1)
2. Old Read — picture of old register read (Top of Meter). (See picture 2)
3. Old meter serial number — picture of old meter serial number on lid or # printed in register
face. (See picture 3)
4. Water line being flushed — picture of the water line being flushed at hose bib. (See picture
4)
5. New meter and new remote number — picture of the new meter and new remote set side
by side with serial numbers visible. (See picture 5)
6. Completed meter setting — picture of the new meter installed and surrounding area
including valve in on position and register read. (See picture 6)
7. Completed TTL lid install — picture of the antenna mounted in the drilled lid. (See picture7)
E
Scope of Work - City of Newport
List of services and direction -
1. 5/8"x3/4", 3/", 1", 1 %", 2" — Small meter C/0 pits.
2. 5/8"x3/4" Thru 6"— Retrofits.
Exceptions Reporting Daily Protocols
■ Exceptions will be recorded daily by the installers per specifications set for the job.
■ The managers will review exceptions recorded by the installers daily with the
installers to insure valid reasons and record notes on field summary sheet.
■ Exceptions will be reviewed the following day and put in appropriate status report that is
reviewed by project support manager.
■ All exceptions such as locates, no access, miscellaneous, etc. will be re -assigned to
Assistant Managers handheld to conduct site visit before status reclassified and turned
back to utility for assistance. (If manager is able to complete install, he will do soduring
site visit).
Potential Problems (Exceptions)
Items that have been identified that would be non-standard work or reason to not complete install.
1. Pre-existing Leak— During pipe and valve inspection, if there are any concerns
2. Meter Numbers do not match - Check old reading and verify address. If correct address,
call manager. You will most likely be able to proceed with install and note in both
handheld and paperwork.
3. Meter size does not match- If numbers, reading and address are correct, proceed, and
note in handheld and paperwork.
4. Bad Valve- Valve is previously broken. Will not shutoff water. (Frozen or free spinning upon
arrival)
Scope of Work - City of Newport
S. Locate— Cannot locate the meter
6. Access - Locked gate, dog, obstacle blocking meter, etc.
7. Customer refused - Instructed to leave the property
8. Other — Manager approved only if doesn't fit other categories.
Any issues that arise during installations, Install Project Manager or Manager or Assistant
Manager (will need to coordinate to address all field issues, customer escalations, etc.).
Installer will typically start meter installs at 8:OOam and last install complete by S:00pm.
F Installer Picture # 1
Flnstaller Picture # 2
Scope of Work - City of Newport
Flnstaller Picture #3
<--Installer Picture #4
12
Scope of Work - City of Newport
<--installer Picture #54
13
Scope of Work - City of Newport
QC Team Roles and Responsibilities:
• Team members will QC previous days' installs completed by installers.
• Goal is to insure the installs were completed per specifications and guidelines of the install
procedures manual.
• Field QC will be conducted for 100% of new technicians for two weeks, thereafter field QC
will be performed on 3% of installs.
• QC team will complete 100% of previous days' installs (data and pictures) the following day.
o Collect QC data including following:
■ Lid drilled;
■ TTL installed correctly with screw and node mounted correctly;
■ Meter set correctly;
■ Reading on meter >10 gal, water off, and info like no hose bib;
■ Meter number and node numbers match database;
■ General condition of site — no dirt piles or trash left behind; and
■ Any work not complete will be noted in the exceptions reportcorrected
and shared with managers for daily training.
o QC audit pictures include the following (6 pictures):
1. Found site;
2. Lid seated in box;
3. Register read;
4. Meter set:
5. Node and register numbers: and
6. Side view of TTL installation.
14
Scope of Work - City of Newport
QC Pictures #1 and #2
QC Picture #6
QC Picture #4 QC Picture #5
15
Scope of Work - City of Newport
S. AMI Software Integration - Mi.Host
Not Applicable.
6. AMI Software Integration — Consumer Portal with Smart Energy Water
Not Applicable.
7. Mueller Systems' Responsibilities
Mueller Systems will provide a Project Manager who will coordinate all deployment activities. The Project
Manager will serve as a single point of contact and:
• Develop the detailed Project Plan.
• Will remain with the project until completion.
• Develop and maintain Project Schedule.
• Working closely with the City to:
o Develop Installation Plan; and
o Track Project Milestones and Deliverables.
• Coordinate Project Communications and Status Updates.
• Install Mi.Net Infrastructure.
• Provide Mi.Host Server Hosting - Mueller Systems will host the server for Mi.Net AMI server.
• Mi.Node installations will be completed by Mueller Systems subcontractor.
• Implement Network testing will be conducted to ensure all AMI network infrastructure, including
Collectors, Mi.Net AMI server, and interconnectivity is working correctly. These results will be
shared with the City.
• Conduct User Training — classroom and field training is supported by using the actual system; for
that reason, training is broken down into two phases:
o Initial Systems Familiarization to support installation, CIS interface development, and
project monitoring. This initial training will be provided during the installation phase to
all City employees identified by the City. This training is typically completed by onsite
Mueller Systems project managers. The agenda and attendees will be developed in
coordination with the City; and
o Formal Classroom Training on the system will be scheduled by the Project Manager with
coordination of the City.
8. City's Responsibilities
Designate personnel to serve in roles per the attached in Attachment 6.
[MO
Scope of Work - City of Newport
• Ensure that the site conditions for collectors are prepared and ready for installation of collectors
and repeaters by Mueller Systems in accordance with the final network design that is approved
by both Mueller Systems and the City.
• Provide Access. The City shall provide access to any and all necessary locations and facilities
where the Work will be performed by Mueller Systems or its subcontractor. In the case of
inaccessible locations, it shall be City's responsibility to gain access for Mueller Systems or its
subcontractor.
• Provide storage facilities capable of housing all project materials and facilitate office space for
deployment team; a minimum of 2,000 Square Feet is needed to operate efficiently. Minimum
space for 2 office personnel, 2 computer desks and a 6 -foot table to store and charge Electronic
Hand -Held Computers. Indoor or outdoor storage space for approximately up to 8000
meters/Nodes.
• Provide general all -day parking for warehouse staff (up to 4 persons) and access for installers
vehicles to load and unload morning and evening.
9. Project Communications and Status Updates
Mueller Systems will establish, maintain, and distribute a project communications master list. This will
be updated prior to the Project status update call and distributed if changes are made.
Mueller Systems will organize and execute weekly written and semimonthly status update meetings via
conference call or on site. The dates and times will be negotiated and mutually agreed upon with the
City after contract execution.
Meeting will be held by teleconference established by Mueller Systems and a calendar invite will
be sent to the City Project Administrator. This schedule can be adjusted after the Project starts and
progresses, as necessary.
Overall Project schedule and daily schedule progress will also be covered.
10. Project Schedule
Initial Project schedule timeline is outlined below. Within 30 days following the Agreement's
execution, Mueller Systems will coordinate with the City to develop a detailed Project schedule.
Milestone Complete
Date Complete
Contract signature
NTP (notice to proceed)
Kickoff meeting and Schedule
NTP +30 days
Project Closure
NTP + 36 Months
17
Scope of Work - City of Newport
11. Training
Introduction to the Mueller Systems Advanced Metering Infrastructure class describes the advantages of
using an AMI system. The class covers the Mi.Net engineered system and its components. The Mi.Net User
Interface is described in detail including creating reports, setting up alerts, generating on demand reads, and
billing interface. Training shall be provided to ensure competency of City designated staff to provide for
system operation and functionality. Mueller Systems shall provide training and assess staff competency
throughout the training process and provide feedback and direction regarding ongoing training
requirements throughout the implementation.
3 Training days total included within this scope of work.
Reference Training Plan located in Attachment 7.
12. System Acceptance
Endpoint Acceptance:
16. During full deployment, meters and nodes will be considered accepted in groups defined by
the Project team as they have been completed and passed the EAP.
13. Final Completion
The Project will be considered complete when all components of the solution outlined in section 12 have
been accepted.
18
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Objective
The objective of the EAP is to verify that the AMI System will operate and meet or exceed the
criteria set forth in this Exhibit. The parties will jointly administer the EAP. For all tests below,
Mueller Systems will calculate the applicable performance requirements using the existing
software features within the AMI System. Unless stated otherwise below, any disputes
regarding the performance of the AMI System shall be settled using meter read data from
Mi.Host's database.
Testing will generally commence within 30 days of when the following activities have been completed:
1. All Mi.Nodes and meters physically installed
2. Network infrastructure installed
3. Mi.Nodes have been configured for reporting
4. HES/MDM is configured and collecting data
Note:
• Before beginning the Test Procedure, all equipment (Mi.Nodes, network equipment, etc.) must
be installed in locations defined in the network system design.
• Utility may choose to waive testing if it believes that such testing is unnecessary. Should anytest
be waived, such test shall be deemed to have passed.
Test Procedure
1. Mueller Systems notifies Utility of readiness to commence testing
2. Mueller Systems and Utility mutually agree upon start date and test duration
3. Mueller Systems will provide written test results within five (5) days of the conclusionof the test
4. If test results fall within performance criteria set forth below, Mueller Systems will provide
written notice of successful completion and maintenance responsibility will pass to Utility
at that time for all network infrastructure, Mi.Nodes and meters
5. If test results fall outside of the performance criteria set forth below, Mueller Systems will
attempt to determine root cause of non -reporting Mi.Nodes utilizing HES/MDM network
tools
6. If Mueller Systems determines that a given Mi.Node is not reporting due to site specific or
homeowner induced conditions, the Utility shall take steps to remediate.
7. If Mueller Systems determines that a given Mi.Node is not reporting due to other than site
specific or installation related conditions, then Mueller Systems shall take steps to
remediate.
8. When sufficient remediation has been completed, proceed to begin the test procedureover
again.
Test Performance Criteria
Collection of Billing Data
Formula
Performance Criteria is 98.5% reads during the applicable Billing Window*
Performance Criteria = 100 x ([Successful Communications] / [Expected
Communications])
32
M.Nefl
* Billing Window means the span in days, no shorter than 3 days, during which a valid
meter read must be obtained to properly bill a customer. Successful Communications is
defined as a billing read available in HES/NIDNI. Expected Communications is defined as
a billing read from each active account in HES/MDM.
The denominator "Expected Communications' in the formula above will be modified to
adjust for the following conditions:
9. Damaged meter or Mi.Node for example: meters with tamper, theft or other human induced
failures that render the meter or Mi.Node module incapable of providing a read
10. Other Installation Defect—the unit is otherwise installed improperly so that it does not
communicate with the network infrastructure.
11. Meter or Mi.Node has been identified for Utility to remediate
12. Mi.Node is serviced by network infrastructure that has been subjected to a power failuregreater
than eight (8) total hours within the last three (3) days
13. Illegal or unauthorized jamming of the radio spectrum is preventing or interfering with radio
communications
14. Data Base errors — the Mi.Node is removed from the field but not removed from the HES/MDM
database.
15. Mi.Node is dependent on Mi.Node that has been identified for Utility to remediate
16. A Mi.Node orthe network equipment that serves a Mi.Node has been affected by a Force Majeure
event
Operation of Remote Disconnect Meter (Disconnect/Reconnect)
Large Group Performance Criteria is 90% successful disconnections or reconnections within 24
hours of HES/MDM receiving the specified accounts and requested actions
(disconnect/reconnect). A "Large Group" is defined as a list of up to but not more than 1,000
meters. One Large Group will be processed per 24-hour period.
Small Group Performance Criteria is 90% successful disconnections or reconnections within 4
hours of HES/MDM receiving the specified accounts and requested actions
(disconnect/reconnect). A "Small Group" is defined as a list of less than 20 meters.
Formula
Performance Criteria = 100 x ([Successful Operations] , [Expected
Operations])
Successful Operations means the intended action either disconnection or reconnection has
occurred.
Expected Operations means the intended action.
The denominator "Expected Operations" in the formula above will be modified as
specified in the Collection of Billing Data section above.
33
FM'i.Net
The EAP test procedure can be applied to the entire population or may be applied to a subset
of meters based on network layout, geographic region, or meter reading routes as mutually
agreed upon by Mueller Systems and the Utility.
34
CITY OF NEWPORT BEACH AGREEMENT WITH
MUELLER SYSTEMS
AUTOMATED METER INFRASTRUCTURE (AMI)
PURCHASE, INSTALLATION & MAINTENANCE
AGREEMENT EXHIBIT A (SCOPE OF WORK)
ATTACHMENT 5
SCHEDULE OF VALUES
35
ATTACHMENT 5:
SCHEDULE OF
VALUES
Invoicing will occur monthly at a minimum. Milestones for payments are as follows:
Item
Milestone & Method of Verification
Comments
Hardware/ Products (meters,
Invoiced upon Delivery
nodes, collectors, etc.)
Annual MiHost software hosting
Invoiced annually
fee
Annual Handheld Maintenance
One-year anniversary of date of
City's acceptance
Annual Collector Maintenance
One-year anniversary of date of
City's acceptance
Professional Services fees
Invoiced monthly increments.
Fee spread evenly over
Project duration established
during Project Kick Off Meeting.
Meter/endpoint installation
Device installed and has reported
to MiHost
Collector and repeater
Installation complete reporting
installation
to MiHost
Training
Completion of training and
verified by sign in sheet
Propagation Study
Signature of Final Network Design
by both parties
Collector Backhaul Fees
Installation complete reporting
to MiHost
Change Orders
Fulfilment of the elements
Review of invoice and satisfactory
contained within the change
completion of the elements
order and invoiced to the City
within the change order.
36
CITY OF NEWPORT BEACH AGREEMENT WITH
MUELLER SYSTEMS
AUTOMATED METER INFRASTRUCTURE (AMI)
PURCHASE, INSTALLATION & MAINTENANCE
AGREEMENT EXHIBIT A (SCOPE OF WORK)
ATTACHMENT 6
UTILITY ROLES & RESPONSIBILITIES
ATTACHMENT 6:
UTILITY ROLES &
RESPONSIBILITIES
City of Newport Beach Personnel
System Sponsor Overall executive sponsor of system
(Project Provide resources
Administrator) Remove obstacles
Approves plans and budgets related to system
Manage and coordinate Utility activity during deployment
Project Manager Contractual compliance and resolution with MS program manager
Internal communications related to project matters
Schedule and resource planning
Review and approval of System Test Plan
System Operator Execution of System Test Plan and associated component tests (with MS)
Review and approval of System Test Plan results
Training and readiness to assume post deployment responsibilities
Network Approval of network installation procedures and device locations
Equipment Acceptance of network device installation
Manager Field inspection of network installations as necessary
Training and readiness to assume post deployment responsibilities
Approval of meter/node installation procedures
Meter/Endpoint Acceptance of meter/ node installations
Manager Field inspections of meter/node installations asnecessary
Training and readiness to assume post deployment responsibilities
System Sponsor Overall executive sponsor of system
(Project Provide resources Executive leadership
Administrator) Remove obstacles
Approves system plans and budgets
System Operator Mi.Net® account management MS Office proficiency
• Knowledge of utility billing
system
• Knowledge of utility
operational practices
• Understanding of RF systems
• MS Office proficiency
• Proficiency of meter
installation, test
procedures, and equipment
• Proficiency with Software
• Interface to billingsystem
• Software testing/upgrades when
necessary
• Process owner for Mi. Net system
operations (including fieldequipment)
• System SME to customer service, IT and
other internal stakeholders
Network
• Maintenance and operation of repeaters,
Equipment
collectors, field tools
Manager
• Field test/troubleshooting of
meters/nodes
Meter/Endpoint
• Maintenance of meters/nodes
Manager
• Field test/troubleshoot of meters/nodes
• Knowledge of utility billing
system
• Knowledge of utility
operational practices
• Understanding of RF systems
• MS Office proficiency
• Proficiency of meter
installation, test
procedures, and equipment
• Proficiency with Software
CITY OF NEWPORT BEACH AGREEMENT WITH
MUELLER SYSTEMS
AUTOMATED METER INFRASTRUCTURE (AMI)
PURCHASE, INSTALLATION & MAINTENANCE
AGREEMENT EXHIBIT A (SCOPE OF WORK)
ATTACHMENT 7
TRAINING AGENDA
40
Attachment 7:
Mi.Net@ AMI Training Agenda
Advanced Metering Infrastructure (AMI) Tier
1 Training Tier 1 Class Description
Introduction to the Mueller Systems Advanced Metering Infrastructure describes the
advantages of using a smart metering system. The class covers the Mi.Net engineered
system and its components and explains a multi -path and star network. The Mi.Net User
Interface is covered including: creating reports, understanding alerts, generating on -
demand reads, billing interface, and how the consumer can access meter information.
Topics to be Covered:
Mi.Net System Components
Advantages of Using a Smart Metering
System '�-- Multi -Path Two -Way
Networking System
Mi.Net User Interface Overview
• Overview of different tabs
• Viewing all water & electric accounts
• Viewing individual accounts and detail
• Creating reports
• Changing passwords
• Advanced search
• Performing on -demand reads
• Account Management — new, changes, closing,
decommissioning
Alerts
Email Notification
Billing Overview — file structure (uploads/downloads),
billing cycle r Utility & Consumer Portals (Optional)
Who Should Attend?
Individuals responsible for monitoring meter readings, generating files for billing
purposes and managing the overall utility system.
Prerequisites:
41
Individuals should be able to use a computer to connect to the internet, be familiar
with Microsoft Windows XP (or higher) operating system, and be able to save and
print documents.
Advanced Metering Infrastructure (AMI) Tier II Training
Tier II Class Description:
The Mueller Systems Advanced Metering Infrastructure Tier II training begins with a
review of the MiHost software. This class will cover an in depth understanding of alerts,
data logging and threshold configuration, individual and global metering setup, and soft
disconnects. It will also cover email alerts, advanced search features, water remote
disconnect meters and how to add/install meters.
Topics to be covered:
• MiHost Software Review
o Overview of different tabs
o Water and electric pages
o Detailed reporting
o Alerts
o Water
o Email configuration
o Global alert configuration
o Other alerts
• Data logging & Threshold
• Soft Disconnect
• Service Disconnect
• Remote Disconnect
• Advanced Search
• Updating the Mi.Net Database
• Installation, Swaps and Manual Reads
Who should attend?
Individuals responsible for monitoring meter readings, generating files for billing
purposes and managing the overall utility system.
Prerequisites:
Individuals should be able to use a computer to connect to the internet, be familiar
with Microsoft Windows XP (or higher) operating system, and be able to save and
print documents.
42
CITY OF NEWPORT BEACH
AGREEMENT WITH
MUELLER SYSTEMS
AUTOMATED METER INFRASTRUCTURE (AMI)
PURCHASE, INSTALLATION & MAINTENANCE
AGREEMENT EXHIBIT A (SCOPE OF WORK)
ATTACHMENT 8
Warranty Information
43
Appendix A
Mueller Systems — Product Warranty Statement
1. Limited Warranty. Mueller Systems, LLC ("Mueller") warrants
that, for the duration of the Warranty Period (defined below): (a) each product
purchased from Mueller ("Product") will be free from defects in materials and
workmanship under normal use, installation and service conditions; (b) the
media on which any Software is furnished will be free of defects in materials
and workmanship under normal use; and (c) any such Software will
substantially conform to the applicable published Mueller functional
specifications for such Software. Products will have a warranty period of the
greater of (i) one (1) year from date of shipment or (ii) the applicable warranty
period for a specific Product stated below in Section 6 ("Warranty Period").
2. Exclusive Remedy. Mueller will, at its option, either repair or
replace with an equivalent substitute a Product that is in breach of the foregoing
warranty during the Warranty Period if Purchaser reports the breach to Mueller
within sixty (60) days after Purchaser discovers the breach. At Mueller's
request, Purchaser will ship the allegedly defective Product to a repair facility
designated by Mueller at Purchaser's expense and risk. If Mueller, in its sole
discretion, determines that the Product breached the applicable warranty,
Mueller will ship the repaired or replaced Product to Purchaser at Mueller's
expense and risk. If Mueller determines that it is unable to repair or replace
such Product, it will, at Mueller's sole discretion provide a cash or credit refund
to Purchaser. If Mueller repairs or replaces any such defective Product, the
Warranty Period for the repaired or replaced Product will continue for the longer
of (y) thirty (30) days, or (z) the remainder of the original Warranty Period.
Mueller's warranty is subject to exclusions, as set forth in Section 3. This
Section 2 sets forth Mueller's entire liability, and the Purchaser's exclusive
remedy, for any alleged breach of warranty for any Products.
3. Exclusions. Mueller has no obligation under this Product
Warranty Statement if (a) a Product has been subject to misuse, neglect or
accident or has been damaged through abuse, alternation, installation or
application inconsistent with AWWA guidelines or Mueller specifications,
including but not limited to Mueller propagation studies, failure to follow
Mueller's operation or maintenance instructions or negligence in transportation,
handling, or storage, or repaired by anyone other than Mueller or its authorized
personnel, (b) with respect to software, there has been a change to the
software's operating environment not made or authorized by Mueller or if
Purchaser fails to install any correction or enhancement provided by Mueller, or
if a virus is introduced through no fault of Mueller, or (c) if any Product fails to
satisfy the applicable warranty as a result of any force majeure event. Mueller's
Product Return process can be found at www.muellersystemsreturns.com .
4. Important Disclaimer. EXCEPT AS EXPRESSLY SET
FORTH HEREIN, MUELLER DISCLAIMS ALL OTHER EXPRESS OR
IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
44
NON -INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF
DEALING, USAGE OR TRADE PRACTICE. TO THE EXTENT ANY IMPLIED
WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN
DURATION TO THE EXPRESS WARRANTY PERIOD.
5. Limitation on Liability. Mueller has no liability with respect
to damage or destruction of property or the personal injury or death of persons
resulting from defects in Products or from improper installation, use,
maintenance or operation of any Products. In all cases, Mueller's liability shall
not exceed the total amount paid by Purchaser to Mueller under this Order.
6. Product Warranties. The following provisions in this
Section 6 modify the limited warranty in Section 1 with respect to the specific
Products identified below:
45
Automated Meter Reading (AMR) / Advanced Metering Infrastructure (AMI) Products
Product
Description
Warranty Period
AMR / AMI Software
These items of Software will
One (1) year from date of shipment to Purchaser.
perform in accordance with
Mueller's published
specifications for the duration of
the Warranty Period.
AMR / AMI Hardware —
During the Warranty Period,
One (1) year from date of shipment to Purchaser.
unless otherwise expressly specified
these Products will be free from
herein
defects in materials and
workmanship.
AMR / AMI Radio Modules —
During the Warranty Period,
Ten (10) years from date of shipment to Purchaser.
AMI water module endpoints and
these Products will be free from
defects in
Additionally, the unit is covered by a prorated warranty for
AMR water module endpoints
p
materials and
workmanship.
u
years eleven (11) through fifteen (15) at afifty-percent (50%)
discount, and years sixteen (16) through twenty (20) at a
twenty-five-percent (25%) discount from the date of shipment
to Purchaser. All discounts will be calculated on the then
current published price of the original product. All prorated
warranty discounts are to be used towards the purchase of
replacement units.
Encoder Register Products, Wall
During the Warranty Period,
Ten (10) years from date of shipment to Purchaser.
Pads and Pit Pads.
these Products will be free from
defects in materials and
Additionally, the unit is covered by a prorated warranty for
workmanship.
years eleven (11) through fifteen (15) at a fifty-percent (50%)
discount, and years sixteen (16) through twenty (20) at a
twenty-five-percent (25%) discount from the date of shipment
to Purchaser. All discounts will be calculated on the then
current published price of the original product. All prorated
warranty discounts are to be used towards the purchase of
replacement units.
Water Metering Products
Product
Description
Warranty Period
All Meter Products not otherwise
During the Warranty Period,
One (1) year from date of shipment to Purchaser.
specified herein
these Products will be free from
defects in materials and
workmanship.
Remote Disconnect Meters (RDM)
During the Warranty Period,
Five (5) year warranty or two-thousand (2,000) actuations of
valve and solenoid assembly
these Products will be free from
the valve, whichever comes first, from the date of shipment to
defects in materials and
Purchaser.
workmanship.
Bronze Maincases
During the Warranty Period, these
Twenty-Five (25) years from date of shipment to Purchaser.
Products will be free from defects
in materials and workmanship.
Composite Maincases
During the Warranty Period, these
Fifteen (15) years from date of shipment to Purchaser.
Products will be free from defects in
materials and workmanship.
46
Standard registers for the above
During the Warranty Period, these
Ten (10) years from date of shipment to Purchaser.
listed mechanical meters
Products will be free from defects in
materials and workmanship.
5/8" — Five (5) years from the date of shipment to Purchaser or
the registration of 500,000 U.S. gallons, whichever comes first;
3/4" — Five (5) years from the date of shipment to Purchaser or
the registration of 750,000 U.S. gallons, whichever comes first;
1" — Five (5) years from the date of shipment to Purchaser or the
AWWA' New Meter Accuracy
registration of 1,000,000 U.S. gallons, whichever comes first;
1-1/2" — Two (2) years from the date of shipment to Purchaser or
the registration of 1,600,000 U.S. gallons, whichever comes first;
2" — Two (2) years from the date of shipment to Purchaser or the
registration of 2,700,000 U.S. gallons, whichever comes first.
Models 400 and 500 Series
5/8" — Fifteen (15) years from the date of shipment to Purchaser
Meters
or the registration of 1,500,000 U.S. gallons, whichever comes
first;
3/4" — Fifteen (15) years from the date of shipment to Purchaser
or the registration of 2,250,000 U.S. gallons, whichever comes
first;
AWWA Repaired Meter Accuracy
1" — Fifteen (15) years from the date of shipment to Purchaser or
(AWWA M6 Manual)
the registration of 3,000,000 U.S. gallons, whichever comes first;
1-1/2" — Ten (10) years from the date of shipment to Purchaser or
the registration of 5,000,000 U.S. gallons, whichever comes first;
2" — Ten (10) years from the date of shipment to Purchaser or the
registration of 8,000,000 U.S. gallons, whichever comes first.
Model HbMAG electromagnetic
During the Warranty Period,
Two (2) years from date of shipment to Purchaser.
cold -water meters
these Products will be free from
defects in materials and
workmanship.
Solid State Meters
During the Warranty Period (ten (10) years from date of shipment to Purchaser) these Products will
meet or exceed accuracy of +/- 1.5% between the specified minimum flow rate to the specified
maximum. Additionally, the unit is covered by a prorated warranty for years eleven (11) through
fifteen (15) at a fifty -percent (50%) discount, and years sixteen (16) through twenty (20) at a twenty-
five -percent (25%) discount from the date of shipment to Purchaser. All discounts will be calculated
on the then current published price of the original product. All prorated warranty discounts are to be
used towards the purchase of replacement units for the following sizes:
5/8" Meter 0.1 gpm to 20 gpm
5/8" x 3/4", 3/4" Short, and '/4" Long Meter 0.1 to 30 gpm
1" Meter 0.4 to 55 gpm
1 'h" Meter 0.25 to 100 gpm
2" Meter 1.5 to 160 gpm
American Water Works Association ("AWWA")
47
EXHIBIT B
SCHEDULE OF BILLING RATES
Mueller Systems, LLC Page B-1
FULL DEPLOYMENT FEE SCHEDULE
MS Part No.
Category/ Item
Quantity
Unit Price
Extended Price
Sales Tax Description
MS -G4 -AC -B -3G
Collectors
14 S
4,000.00
S 56,000.00
S 4,340.00 Mi.Hub
MS -G4 -AC -B -3G -R
Tower Collector XXR
0 $
4,975.00
$ -
$ - Mi.Hub XXR
MSW-NODE4-AC
Repeater
13 $
960.00
$ 12,480.00
$ 967.20 Mi.Repeater
MS-H4-HH-INST-KIT
RF installation hand-held
2 $
4,800.00
$ 9,600.00
$ 744.00 Mi.Tech
VOGB438
5/8" Meters
16917 $
127.00
$ 2,148,459.00
5/8" X 3/4" 420 Bronze, PB, Solid State digital Reg with
$ 166,505.57 1 Mi.node Radio
VOHB238
3/4" Meters
4 S
160.00
$ 640.00
3/4" 435 Bronze, Solid State Digital Reg with Mi.node
$ 49.60 Radio
VOKS238
V Meters
7259 $
180.00
$ 1,306,620.00
$ 101,263.05 1" 452 Bronze, Solid State Digital Reg with Mi.node radio
WONBI38
1-1/'P' Meters (LOW FLOW)
478 $
429.26
$ 205,186.28
1 1/2" 562 Bronze Meter with Solid State Reg and Mi.node
$ 15,901.94 Radio
Q9NS105M4
1-1/2" Meters (HIGH FLOW)
75 $
455.27
$ 34,145.25
1 1/2" MVR 100 Bronze Meter 2 bolt flange in standard lay
$ 2,646.26 length and Mi.node Radio
WOPB138
2" Meters (LOW FLOW)
1139 $
525.20
$ 598,202.80
$ 46,360.72 2" 572 Bronze Meter with Solid State Reg and Mi.node
Q9PS105M4
2" Meters (HIGH FLOW)
305 $
531.93
$ 162,238.65
2" MVR 160 Bronze Meter 2 bolt flange in standard lay
$ 12,573.50 length and Mi.node Radio
PARTS
3" Neptune Tru/Flo Compound Meters -
Register
32 $
258.82
$ 8,282.24
3" Neptune TruFlo Compound mpound E -Coder Retrofit Registers
$ 641.87 w/3' Nicor Connector, CF
PARTS
3" Neptune HPT Compound Meters - Register
11 $
129.41
$ 1,423.51
3" Neptune HPT E -Coder Retrofit Register w/3' Nicor
S 110.32 Connector, CF
PARTS
4" Neptune Tru/Flo Compound Meters -
Re 'sten
52 $
258.82
$ 13,458.64
4" Neptune TruFlo Compound mpound E -Coder Retrofit Registers
$ 1,043.04 w/3' Nicor Connector, CF
PARTS
4" Neptune HPT Compound Meters - Register
9 $
129.41
$ 1,164.69
4" Neptune HPT E -Coder Retrofit Register w/3' Nicor
$ 90.26 Connector, CF
PARTS
4" Neptune Proctectus III Compound Meters -
Register
1 $
258.82
$ 258.82
4" Neptune Protectus III E -Coder Retrofit Registers egisters 73'
$ 20.06 Nicor Connector, CF
PARTS
6" Neptune Tru/Flo Compound Meters -
Register
13 $
258.62
$ 3,362.06
6" Neptune Tr Flo Compound mpound E -Coder Retrofit Registers
$ 260.56 w/3' Nicm Connector, CF
PARTS
6" Neptune HPT Compound Meters - Register
3 $
129.41
S 388.23
6" Neptune HPT E -Coder Retrofit Register w/3' Nicor
$ 30.09 Connector, CF
PARTS
6" Neptune Proctectus III Compound Meters -
Register
2 $
258.82
$ 517.64
6" Neptune Protectus IB E -Coder Retrofit Registers w/3'
$ 40.12 Nicor Connector, CF
PARTS
8" Neptune HPT Compound Meters - Register
7 $
129.41
$ 905.87
8" Neptune HPT E -Coder Retrofit Register WY Nicor
$ 70.20 Connector, CF
PARTS
8" Neptune Proctectus III Compound Meters -
Register
2 $
258.82
$ 517.64
8" Neptune Protectus III E -Coder Retrofit Registers w/3'
$ 40.12 Nicor Connector, CF
PARTS
10,000 Meter Bushings
100001 $
13.00
$ 130,000.00
$ 10,075.00 James Jones Meter Bushing Part NE -128H
MSW-NODE4-1 P-05
Mi.node Radio w/ Nicor for Reg. Retro
757 $
60.00
$ 45,420.00
$ 3,520.05 Mi.node 4 Radio with Nicor Connector
MS-TTLM
Through the Lid Mi.node Mounting Brackets
26286 $
3.95
$ 103,829.70
$ 8,046.80 TTLM
PARTS
3/4 " DFW Meter Lid
NEWPORT -0 $
30.88
$
15X9X1-3/16 "C" GRAY TR NO HOOK -
$ POLYMER LID
PARTS
V DFW Meter Lid
0 $
40.73
$
18XI I "C" GRAY TOUCH READ *NO HOOK -
$ *NEWPORT* POLYMER LID
PARTS
2" DFW Meter Lid
0 $
71.78
S
15X9X1-3/16 "C" GRAY TR NO HOOK *NEWPORT*
$ POLYMER LID
0
- Annual Millost Sojbvare Hosting Fee
MSW-S-PH-ALL-IOK
Annual AMI Hesdend Software Hosting Fee
1 $
9,318.40
$ 9,318.40
$ Year I
MSW -S -PH -ALL -20K
Annual AMI Headend Software Hosting Fee
1 $
27,955.20
$ 27,955.20
$ Year 2
MSW -S -PH -ALL -30K
Annual AMI Headend Software Hosting Fee
1 $
37,200.00
$ 37,273.60
$ Year 3
-
Annual Handheld Maintenance
g
$
MS -H -M -YR
Yearly Maintenance Charge for Handhelds
2 $
$
$ Year 1
MS -H -M -YR
Yearly Maintenance Charge for Handhelds
2 $
2,000.00
$ 4,000.00
$ Year
MS -H -M -YR
Yearly Maintenance Charge for Handhelds
2 $
2,000.00
$ 4,000.00
$ Year 3
-
Annual Collector Maintenance
MS -G -M -YR
Mi.Hub Collector Maintenance Charge
19 $
$
$ Year 1
MS -G -M -YR
Mi.Hub Collector Maintenance Charge
19 $
500.00
$ 9,500.00
$ Year 2
MS -G -M -YR
Mi.Hub Collector Maintenance Charge
19 $
500.00
$ 9,500.00
$ Year 3
-
Professional Services Fee
MS -PROJECT -50K
Project Management
26624 $
8.00
$ 172.701.00
$
0 S
S
-
Meted Endpoint Installation
LABOR400
5/8" Meters - Change Out Labor
16917 $
75.00
$ 1,268,775.00
$ Prevailing Wage Rate Priced at Residential Laborer Rate
LABOR400
3/4" Meters - Change Out Labor
4 $
75.00
$ 300.00
$ Prevailing Wage Rate Priced at Residential Laborer Rate
LABOR400
I" Meters - Change Out Labor
7259 $
75.00
$ 544,425.00
$ Prevailing Wage Rate Priced at Residential Laborer Rate
LABOR -500
1-1/2" Meters - Change Out Labor
553 $
365.00
$ 201,845.00
$ Prevailing Wage Rate Priced at Residential Laborer Rate
LABOR -500
2" Meters - Change Out Labor
1444 S
365.00
$ 527,060.00
$ Prevailing Wage Rate Priced at Residential Laborer Rate
LABOR -RETRO
3" Neptune Tru/Flo Compound Meters -
Labor Register Retro
32 $
158.81
$ 5,081.92
$
LABOR -RETRO
3" Neptune HPT Compound Meters - labor
Re ister Retro
11 $
158.81
$ 1,746.91
$
LABOR -RETRO
4" Neptune Tru/Flo Compound Meters -
Labor Resister Retro
52 $
158.81
$ 8,258.12
$
LABOR -RETRO
4" Neptune HPT Compound Meters - Labor
Re ister Retro
9 $
158.81
$ 1,429.29
$
LABOR -RETRO
4" Neptune Proctectus III Compound Meters -
Labor Rcgister Retro
1 $
158.81
$ 158.81
$
LABOR -RETRO
6" Neptune Tm/FIo Compound Meters -
Labor Reeister Retro
13 $
158.81
$ 2,064.53
$
LABOR -RETRO
6' Neptune HPT Compound Metas - Labor
Re ista Retro
3 $
158.81
$ 476.43
$
LABOR -RETRO
6" Neptune Proctectus IH Compound Metas -
Labor Register Retro
2 $
158.81
$ 317.62
$
LABOR -RETRO
8" Neptune HPT Compound Metas - Labor
Re aster Retro
7 $
158.81
$ 1,111.67
$
LABOR -RETRO
8" Neptune Proctectus III Compound Metas -
Labor Register Retro
2 $
158.81
$ 317.62
$
LABOR -RETRO
3/4 " DFW Meta Lid Installation - Labor
16921 $
3.00
$ 50,763.00
$
LABOR -RETRO
1" DFW Meta Lid Installation - Labor
7259 $
3.00
$ 21,777.00
$
LABOR -RETRO
2" DFW Meta Lid Installation - Labor
1972 $
3.00
$ 5,916.00
$
LABOR -RETRO
Meter Lid Drilling- Labor
0 $
10.00
$
S
0 S
$
-
Collector and Repeater Installotlon
LABOR COLLECTOR 3
Installation- Collectors - Labor
14 $
1,500.00
$ 21,000.00
$ Mi.Hub Install
LABOR REPEATER 3
Installation- Repeaters- Labor
13 $
1,500.00
$ 19,500.00
$ Mi.Repeater Install
LABOR COLLECTOR 4
Installation- Tower Collector - Labor
0 $
11,945.00
$
$ Mi. Hub XXR Install
0
Training: '.'-F FF
MS -T -TRAIN -DAY
Training and Documentation
3 $
3,000.00
$ 9,000.00
$ Recommended 3 days. Each additional day $3000
0 $
$
-
Propagation StU4
MS -T -PROP
Propagation Study
0 $
4,500.00
S
S
0
CoUwtor Backhaul Fees
MS -CELLULAR
Back Haul Services for Collectors
19 $
500.00
$ 9,500.00
$ Year I
MS -CELLULAR
Back Haul Services for Collectors
191 $
500.00
$ 9,500.00
$ Year 2
MS -CELLULAR
Back Haul Services for Collectors
19 $
500.00
$ 9,500.00
$ Year 3
0 $
$
-
CIS Integration Fee
MS -T -CIS -FILE
AMI/MDMS System Integration
0 S
24,000.00
$
S Tyler/ MUNIS or other provider
0 S
$
-
Change Orders jor Other Water Meter
Related Equipment
$
$
-
Echoshore DX, Acoustic Leak Detection
Module
1 $
807.00
$
-
Echoshore DX, Basic Leak Monitoring
Service
1 $
50.04
S
-
Echoshore DX, Node Installation
1 $
162.00
S
-
Remote Disconnect Meta
1 $
297.00
$
Subtotal $ 7,837,173.14
MS -BONDING Bonding (2%) $ 156,743.46
TOTAL $ 7,993,916.60
EXHIBIT C
REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION
Mueller Systems, LLC Page C-1
REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION (2 CFR 170
APPENDIX A)
I. Reporting Subawards and Executive Compensation.
a. Reporting of first-tier subawards.
Applicability. Unless you are exempt as provided in paragraph d. of this award
term, you must report each action that obligates $25,000 or more in Federal funds
that does not include Recovery funds (as defined in section 1512(a)(2) of the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a
subaward to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this
award term to http: //www. fsrs. gov.
ii. For subaward information, report no later than the end of the month following
the month in which the obligation was made. (For example, if the obligation
was made on November 7, 2010, the obligation must be reported by no later
than December 31, 2010.)
What to report. You must report the information about each obligating action that
the submission instructions posted at http.-Ilwww.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
Applicability and what to report. You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year, if—
i. the total Federal funding authorized to date under this award is $25,000 or
more;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
iii. The public does not have access to information about the compensation of
the executives through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
section 6104 of the Internal Revenue Code of 1986. (To determine if the
public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings
at http://www. sec. gov/answers/execomp. htm. )
2. Where and when to report. You must report executive total compensation
described in paragraph b. 1. of this award term:
i. As part of your registration profile at http://www.ccr.go.
ii. By the end of the month following the month in which this award is made,
and annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph
d. of this award term, for each first-tier subrecipient under this award, you shall
report the names and total compensation of each of the subrecipient's five most
highly compensated executives for the subrecipient's preceding completed fiscal
year, if
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts), and Federal financial assistance subject to the
Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104
of the Internal Revenue Code of 1986. (To determine if the public has access
to the compensation information, see the U.S. Security and Exchange
Commission total compensation filings
at http://www.sec.gov/answers/execomp htm.)
2. Where and when to report. You must report subrecipient executive total
compensation described in paragraph c. 1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the
subaward. For example, if a subaward is obligated on any date during the
month of October of a given year (i.e., between October 1 and 31), you must
report any required compensation information of the subrecipient by
November 30 of that year.
d. Exemptions
If, in the previous tax year, you had gross income, from all sources, under $300,000,
you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
A Governmental organization, which is a State, local government, or Indian
tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a
non -Federal entity.
2. Executive means officers, managing partners, or any other employees in
management positions.
3. Subaward:
i. This term means a legal instrument to provide support for the performance of
any portion of the substantive project or program for which you received this
award and that you as the recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed
to carry out the project or program (for further explanation, see Sec. .210
of the attachment to OMB Circular A-133, "Audits of States, Local
Governments, and Non -Profit Organizations").
iii. A subaward may be provided through any legal agreement, including an
agreement that you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the
subaward.
5. Total compensation means the cash and noncash dollar value earned by the
executive during the recipient's or subrecipient's preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar
amount recognized for financial statement reporting purposes with respect to
the fiscal year in accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non -equity incentive plans. This does not include
group life, health, hospitalization or medical reimbursement plans that do not
discriminate in favor of executives, and are available generally to all salaried
employees.
iv. Change in pension value. This is the change in present value of defined
benefit and actuarial pension plans.
v. Above -market earnings on deferred compensation which is not tax -qualified.
vi. Other compensation, if the aggregate value of all such other compensation
(e.g. severance, termination payments, value of life insurance paid on behalf
of the employee, perquisites or property) for the executive exceeds $10,000.
EXHIBIT D
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior
to commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily
injury by accident and each employee for bodily injury by disease in accordance
with the laws of the State of California, Section 3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees, volunteers, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with coverage
at least as broad as provided by Insurance Services Office form CG 00 01, in
an amount not less than one million dollars ($1,000,000) per occurrence, two
million dollars ($2,000,000) general aggregate. The policy shall cover liability
arising from premises, operations, products -completed operations, personal
and advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with no
endorsement or modification limiting the scope of coverage for liability assumed
under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of Contractor arising out of or in
connection with Work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount
Mueller Systems, LLC Page D-1
not less than one million dollars ($1,000,000) combined single limit each
accident.
D. Cyber Liability. Contractor shall maintain cyber liability insurance with limits of
not less than one million dollars ($1,000,000) per occurrence and two million
dollars ($2,000,000) annual aggregate covering (1) all acts, errors, omissions,
negligence, infringement of intellectual property; (2) Network security and
privacy risks, including but not limited to unauthorized access, failure of
security, breach of privacy perils, wrongful disclosure, collection, or negligence
in the handling of confidential information, privacy perils, including coverage for
related regulatory defense and penalties; (3) Data breach expenses payable
whether incurred by City or Contractor, including but not limited to consumer
notification, whether or not required by law, computer forensic investigations,
public relations and crisis management firm fees, credit file or identity
monitoring or remediation services in the performance of services for City or on
behalf of City hereunder.
E. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of one
million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in
the aggregate. Any policy inception date, continuity date, or retroactive date
must be before the Effective Date of this Agreement and Consultant agrees to
maintain continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain,
the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees, volunteers,
and any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services contemplated by
this Agreement or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their right
of recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall require similar written express waivers from each of its
subconsultants.
B. Additional Insured Status. All liability policies including general liability, excess
liability, pollution liability, and automobile liability, if required, shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents
shall be included as insureds under such policies.
Mueller Systems, LLC Page D-2
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation (except for nonpayment for which ten (10) calendar
days notice is required) or nonrenewal of coverage for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement
must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at
all times during the term of this Agreement. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time during
the term of the Agreement to change the amounts and types of insurance
required by giving Contractor sixty (60) calendar days advance written notice
of such change. If such change results in substantial additional cost to
Contractor, City and Contractor may renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of
City to request copies of such agreements will not impose any liability on City,
or its employees.
D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of non-
compliance with any requirement imposes no additional obligations on City nor
does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
F. Self-insured Retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions
Mueller Systems, LLC Page D-3
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these requirements unless approved by City.
G. City Remedies for Non -Compliance If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole option,
be deducted from amounts payable to Contractor or reimbursed by Contractor
upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or liability
by such notice, but has the right (but not the duty) to monitor the handling of
any such claim or claims if they are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Mueller Systems, LLC Page D-4
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. CMS0334868
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Mueller
Systems, LLC, hereinafter designated as the "Principal," an Agreement to furnish, install,
and maintain an Automated Meter Infrastructure ("AMI") solution in the City of Newport
Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the Work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set
forth.
NOW, THEREFORE, We the undersigned Principal, and,
RLI Insurance Company duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety")
are held and firmly bound unto the City of Newport Beach, in the sum of Eight Million One
Hundred Fifty Thousand Dollars and 001100 ($8,150,000.00), lawful money of the United
States of America, said sum being equal to 100% of the estimated amount payable by the
City of Newport Beach under the terms of the Agreement; for which payment well and truly
to be made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, or for any
amounts required to be deducted, withheld and paid over to the Employment Development
Department from the wages of employees of the Principal and subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor,
then the Surety will pay for the same, in an amount not exceeding the sum specified in this
Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable
attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the
Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as to
give a right of action to them or their assigns in any suit brought upon this Bond, as required
by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the
State of California.
Mueller Systems, LLC Page E-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
All warranty items in excess of one (1 ) year under the Agreement shall be direct pass-
thru warranties which are the sole responsibility of Mueller Systems, LLC to the City
of Newport Beach and shall not be covered under this Labor and Materials Payment
Bond.
In the event that any principal above named executed this Bond as an individual, it
is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 10th day of June , 20 20
Mueller Systems, LLC
Name of Contractor (Principal)
RLI Insurance Company
Name of Surety
9025 N. Lindbergh Drive, Peoria, IL 61615
Address of Surety
(404)439-8915
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:_ �J-7�2o7.0
{
Autl orized Sd ure/Title
��FL1iLtr��
Authorized Agent Signature
Frank Kinnett, Attorney -in -Fact (CA License #OE97688)
Print Name and Title
Aaron C. Harp OA
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Mueller Systems, LLC Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State off' G tori i CL
County of j k -Val b }ss.
On �s�,Ak.. 12- 20 ZO before me,
'n 02 Notary Public, personally appeared
MI'CkXIW Cannit-Aham- -- __ who
proved to me on the basis of-tatisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
M 11101:9
Signat
al seal.
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of Georgia
County of DeKalb }ss.
(seal)
On June 10 20 20 before me,
Danielle K. Ashby Notary Public, personally appeared
Frank Kinnett who
proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
paragraph is true and correct.,��•o`'r�LE K ",,'i,',
ifornia that the foregoing
W ESS my han and official seal.
14
Signature
Mueller Systems, LLC
NO7ARy ISI
AVBLIG 5
00.. •...:.... Gxix" Page E-3
'� VNTI.
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE N4 u s U 4
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California,
RLI Insurance Company
if Illinois organized under the
laws of Illinois subject to its Articles of Incorporation or
otherfundamental organizational documents, is hereby authorized to transact within the State, subject to
all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation,
Common Carrier Liability, Boiler and Machinery, Burglary, Credit,
Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
,jell compliance with all, and not in violation oj'any, oj'the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect
and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the 21 s t
day of December 2010 I have hereunto
set my hand and caused my official seal to be affixed this
21st day f December 2010
Steve Poizner
Insurance Commissioner
?
RY
Sgitn J. Stapp
for Jest Huff pYAkx
Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly
after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be
grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the
conditions contained herein.
FORM Ca -3 osPoo 39391
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together, the "Company") do hereby make, constitute and appoint:
John E. Genet, Jarrod Hitt, Frank Kinnett. iointly or severally
in the City of Atlanta , State of Georgia its true and lawful Agent(s) and Attorney(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
( $25.000.000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 6th day of
August , 2019 .
oF�O��`o PORgrs94yn
C, =
SE L0
State of Illinois l n t'�NO`,5
} SS
County of Peoria )))
On this 6th day of August , 2019 before me, a Notary Public,
personally appeared Barton W. Davis who being by me duly sworn,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLI Insurance Company and/or Contractors Bonding and
Insurance Company and acknowledged said instrument to be the voluntary
act and deed of said corporation.
By
Gretchen L. Johnigk Notary Public
RLI Insurance Company
Contractors Bonding and Insurance Company
By: V' / i aE.,
Barton W. Davis Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Insurance Com an and/or CoqjCactors Bonding and Insurance
Company this day of DUAL..Z a.
RLI Insurance Company
Contractors Bonding and Insurance Company
By: � - A4&U43
Jean MO
tephenson V Corporate Secretary
1054448020211
A0058817
JOHNIGK.
NOTARY
PUBLIC
'OFFICIAL SEAL"
15TATEOF
My Commission
:
,.1....1.....1..11
_AA •. .... AAAA
RLI Insurance Company
Contractors Bonding and Insurance Company
By: V' / i aE.,
Barton W. Davis Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Insurance Com an and/or CoqjCactors Bonding and Insurance
Company this day of DUAL..Z a.
RLI Insurance Company
Contractors Bonding and Insurance Company
By: � - A4&U43
Jean MO
tephenson V Corporate Secretary
1054448020211
A0058817
EXHIBIT F
CITY OF NEWPORT BEACH
BOND NO. CMS0334868
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 91,280.00 , being at the
rate of $ 11.20 per thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Mueller
Systems, LLC, hereinafter designated as the "Principal," an Agreement to furnish, install,
and maintain an Automated Meter Infrastructure ("AMI") solution in the City of Newport
Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.
NOW, THEREFORE, we, the Principal, and RLI Insurance Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of Eight Million One
Hundred Fifty Thousand Dollars and 00/100 ($8,150,000.00), lawful money of the United
States of America, said sum being equal to 100% of the estimated amount of the Agreement,
to be paid to the City of Newport Beach, its successors, and assigns; for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well
and truly keep and perform any or all the Work, covenants, conditions, and agreements in
the Agreement Documents and any alteration thereof made as therein provided on its part,
to be kept and performed at the time and in the manner therein specified, and in all respects
according to its true intent and meaning, or fails to indemnify, defend, and save harmless
the City of Newport Beach, its officers, employees and agents, as therein stipulated, then,
Surety will faithfully perform the same, in an amount not exceeding the sum specified in this
Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable expenses
and fees, including reasonable attorneys fees, incurred by City, only in the event City is
required to bring an action in law or equity against Surety to enforce the obligations of this
Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement or
to the Work or to the specifications.
Mueller Systems, LLC Page F-1
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the Project
by City. All warranty items in excess of one (1) year under the Agreement shall be
direct pass-thru warranties which are the sole responsibility of Mueller Systems, LLC
to the City of Newport Beach and shall not be covered under this Faithful
Performance Bond.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under this
Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 10th day of June 20 20 .
Mueller Systems, LLC
Name of Contractor (Principal)
RLI Insurance Company
Name of Surety
9025 N. Lindbergh Drive, Peoria, IL 61615
Address of Surety
(404) 439-8915
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 7/ 7/��
rid Sig
< Tz at (kV W
Auth ure/Ti#le
l
Authorized Agent Signature
Frank Kinnett, Attorney -in -Fact (CA License #OE97688)
Print Name and Title
By: ao
�r.Aaron C. Harp b�.0�
City Attorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BEA TTACHED
Mueller Systems, LLC Page F-2
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State oP Gf-Or%i 0 -
County of
On
20 )-0 before me,
Notary Public, personally appeared
1VtVU1eWe Gu.nr1 nc*%• I who
proved to me on the basis of satis actory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my h4nd apdo" seal.
Signatu
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of Georgia
County of DeKalb I ss.
(seal)
On June 10 20 20 before me,
Danielle K. Ashby Notary Public, personally appeared
Frank Kinnett who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
M
my hand and official seal. •°`c��,�-E K. qS'°•,
Sal
Signature IF_ Q,•'�`'pjY '�'; Q'
m pU1310
Mueller Systems, LLC %,,9�8�°g'�.?... 0 -' Page F-3
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE N4 u 8 U 4
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California,
RLI Insurance Company
Of Illinois organized under the
laws of Illinois subject to its Articles of Incorporation or
otherfundamental organizational documents, is hereby authorized to transact within the State, subject to
all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation,
Common Carrier Liability, Boiler and Machinery, Burglary, Credit,
Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
J4/1 compliance with all, and not in violation of any, oj'the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect
and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the 21st
day of December 2010 I have hereunto
set my hand and caused my official seal to be affixed this
21st day f December 2010
Steve Poizner
Insurance Commissioner
By
S�afi J. Stapp
for Jes 6 Huff v?Mj�x
Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly
after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be
grounds for revoking this Certificate or Authority pursuant to the convenants made in the application therefor and the
conditions contained herein.
FORM Ca -3 OSP 0038391
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together, the "Company") do hereby make, constitute and appoint:
John E. Genet, Jarrod Hitt, Frank Kinnett. jointly or severally
in the City of Atlanta , State of Georgia its true and lawful Agent(s) and Attorney(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
( 525.000.000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective
Vice President with its corporate seal affixed this 6th day of
August 2019 .
IMy
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RLI Insurance Company
, , 0CE ca"', Contractors Bonding and Insurance Company
`,,
�OQO,.DOPPORgrlcZ
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GOpPORgT�;'Z. y� /,/ /
SEAL;,a,
_ ,SEAL . Barton W. Davis Vice President
State of Illinois l k;NO`,5,
N 0�5``P```
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County of Peoria JJJ
CERTIFICATE
On this 6th day of August , 2019 , before me, a Notary Public,
personally appeared Barton W. Davis , who being by me duly sworn,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLI Insurance Company and/or Contractors Bonding and
Insurance Company and acknowledged said instrument to be the voluntary
act and deed of said corporation.
By: _ t AL*i1 y 6*4p�
Gretchen L. Johnigk I Notary Public
I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Insurance Compan and/or Cont' ctors Bondin and Insurance
Company this % day of k.'t O n .
RLI Insurance Company
Contractors Bonding and Insurance Company
By:
Arla�
Jean MO
tephenson V Corporate Secretary
10544480202/2
A0058817
4PUBLIC
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commission Expires'
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I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Insurance Compan and/or Cont' ctors Bondin and Insurance
Company this % day of k.'t O n .
RLI Insurance Company
Contractors Bonding and Insurance Company
By:
Arla�
Jean MO
tephenson V Corporate Secretary
10544480202/2
A0058817
EXHIBIT G
END USER LICENSE AGREEMENT
Mueller Systems, LLC Page G-1
MUELLER SYSTEMS
MASTER AGREEMENT
THIS MASTER AGREEMENT (this "Agreement") is entered into this (G day of J ctH
LoLO between MUELLER SYSTEMS, LLC, a Delaware limited liability corporation having its
principal offices at 10210 Statesville Blvd, Cleveland, North Carolina 27013 (referred to in this Agreement
as "Mueller Systems" or "Provider"), and Gi ftse o e 1k AIrt Qtarit (referred to in this
Agreement as "Customer"). This Agreement govenK the sale by Prokider and the purchase by Customer
for its own use and not for resale of, as applicable, Equipment, Software, Documentation and other items
related to advanced metrology infrastructure systems. In the event of any conflict or inconsistency between
the terms and conditions of this Agreement and terms and conditions of any other agreement or document,
the terms and conditions of this Agreement shall govern and control and the conflicting or inconsistent terms
and conditions are hereby rejected. In consideration of the mutual obligations set forth in this Agreement,
Customer and Mueller Systems agree as follows:
DEFINITIONS.
a. "Content" means the information
developed or legally acquired by Customer which
may be used in connection with or accessed by
any module of the Software.
b. "Documentation" means the user
guides, reference manuals, and installation
materials provided by Provider to Customer
related to the Software and Equipment.
C. "Equipment" means the components,
devices, products, equipment and related items
provided by Provider identified in Appendix A.
d. "Services" means activities related to
deployment and installation services, repair
services, hosting services and technical
support/maintenance services as provided by
Mueller Systems and as identified in Appendix B.
e. "Software" means the object code
versions of Mueller Systems' software identified
in Appendix A, together with all subsequent
authorized updates, replacements, modifications
or enhancements.
SOFTWARE
a. Software on Equipment License. For
Equipment purchased by Customer from Mueller
Systems, Mueller Systems hereby grants
Customer a limited, non-exclusive, non-
sublicensable, non -transferable, perpetual,
irrevocable license to use and execute the
Software embedded in the Equipment for its
internal business purposes in connection with
such Equipment ("Firmware").
(102019)
b. Online Software Access. Subject to the
terms of this Agreement and the payment of the
fees specified in Section 6a herein, Mueller
Systems grants to Customer, for its internal
business purposes and during the term of this
agreement, a limited, non-exclusive, non-
sublicensable, non -transferable right to access and
use and make available to Customer's utility
users, as applicable, and/or employees the online,
hosted Software specified herein.
C. Restrictions. Except as specifically and
expressly permitted in writing by Mueller
Systems, Customer shall not (i) violate any
restriction set forth in this Agreement; (ii) modify,
translate, de -compile, reverse compile,
disassemble, or create or attempt to create, by
reverse engineering or otherwise, the source code
from the object code of the Software; (iii) adapt
the Software in any way for use to create a
derivative work; or (iv) include or combine the
Software in or with any other software.
d. Ownership. This Agreement does not
grant to Customer any ownership interest in the
Software or Documentation. Customer has a
license to use the Software and Documentation as
provided in this Agreement. Customer hereby
agrees and acknowledges that Mueller Systems
owns all right, title, and interest in the Software
and Documentation, and Customer will not
contest those rights or engage in any conduct
contrary to those rights. Any copy, modification,
revision, enhancement, adaptation, translation, or
derivative work of or created from the Software
and Documentation made by or at the direction of
Customer shall be owned solely and exclusively
by Mueller Systems, as shall all patent rights,
copyrights, trade secret rights, trademark rights
and all other proprietary rights, worldwide.
e. Reservation. Mueller Systems reserves
all rights not specifically granted under this
Agreement.
3. EQUIPMENT In consideration of the
fees set forth in Appendix D of this Agreement,
Mueller Systems will provide the Equipment
identified in Appendix A.
4. SERVICES In consideration of the
fees set forth in Appendix D of this Agreement,
Mueller Systems will provide the Services
identified in Appendix B.
5. CONFIDENTIALITY The
Software, Equipment and Documentation,
including any ideas, concepts, know-how and
technology contained therein, shall be considered
the proprietary and confidential information of
Mueller Systems and, as such, shall be subject to
the confidentiality provisions of this Agreement.
If a separate, written non -disclosure agreement
exists between Mueller Systems and Customer,
such agreement will control and will apply
according to its terms and conditions to all
confidential information the parties exchange
with each other. If no separate, written non-
disclosure agreement exists between Mueller
Systems and Customer, the terms listed in
Appendix C will apply to the confidential
information the parties exchange with each other.
FEES AND PAYMENT
a. Software Fees. Customer shall pay
the Software fees set forth in Appendix D of this
Agreement.
b. Equipment Fees. Customer shall pay
the Equipment fees set forth in Appendix D of this
Agreement. Title to the Equipment, except the
Software and Documentation that are subject to
licenses provided in this Agreement, passes from
Mueller Systems to Customer when Mueller
Systems ships the Equipment.
C. Service Fees. Customer shall pay
the Service fees set forth in Appendix D of this
Agreement.
d. Taxes. All prices and fees are in U.S.
dollars unless otherwise specified. All amounts
payable under this Agreement are exclusive of all
sales, use, value-added, excise, property,
withholding, and other taxes and duties. Customer
will pay all taxes and duties assessed by any
(10.2019)
authority in connection with this Agreement and
with Customer's performance hereunder.
Customer will promptly reimburse Mueller
Systems for any and all taxes or duties that
Mueller Systems may be required to pay in
connection with this Agreement or its
performance. This provision does not apply to
taxes based on Mueller Systems' income, or any
taxes for which Customer is exempt, provided
Customer has furnished Mueller Systems with a
valid tax exemption certificate.
e. Payment. Unless provided
otherwise herein, Customer agrees to pay all
amounts specified in Appendix D or otherwise
due under this Agreement within thirty (30) days
after the date of invoice. Past due amounts will
shall bear interest from the due date until paid at
a rate of (i) one and one-half percent (1.5%) per
month or (ii) the maximum rate permitted by law,
whichever is less. All payments made under this
Agreement shall be nonrefundable, except as
specifically provided otherwise in this
Agreement.
TERM; TERMINATION
a. Term. The term of this Agreement is
one (1) year commencing upon the date of this
Agreement. This Agreement will automatically
renew for subsequent, successive one (1) year
periods at the then -current Mueller Systems prices
unless either party gives the other party written
notice of its intent to not renew at least thirty (30)
days prior to the expiration of the then current
term. Mueller Systems may increase support fees
at any time on thirty (30) days prior notice to
Customer. Within such thirty (30) days,
Customer may terminate the Agreement by
providing written notice to Mueller Systems.
b. Termination for Breach. If either party
breaches this Agreement, and such breach is not
cured within ten (10) days of the breach, after
receiving written notice, the non -breaching party
may terminate this Agreement, including all
licenses provided herein, effective upon written
notice to the other party. The breaching party
agrees that if it breaches this Agreement, the non -
breaching party will be entitled to injunctive or
similar equitable relief and that the breaching
party will not argue in any proceeding that its
breach will not cause irreparable harm to the non -
breaching party or that the non -breaching party
can be adequately compensated for any such harm
by any remedies other than by injunctive relief.
C. Effect of Termination. Termination
of this Agreement shall have the effect designated
in Appendix B.
d. Non -Exclusive Remedy. Termination
of this Agreement or any license granted
hereunder shall not limit the remedies otherwise
available to either party, including injunctive
relief.
e. Survival. Unless otherwise
stated herein, any provision that, by its nature or
terms, is intended to survive the expiration or
termination of this Agreement, will survive.
8. LIMITED WARRANTIES; REMEDIES
a. Software. Subject to the
exclusions herein, including those in Appendix A,
Mueller Systems warrants that commencing from
the date of shipment or provision to Customer and
continuing for the period set forth in Appendix A
(the "Warranty Period"), (i) the media on which
the Software is furnished will be free of defects in
materials and workmanship under normal use;
and (ii) the Software will perform substantially in
conformance with the applicable Documentation
provided to Customer by Mueller Systems.
Mueller Systems does not warrant that the
Software will operate in combinations with other
software, except as specified in the
Documentation, that the Software will meet the
Customer's requirements or that the operation of
the Software will be uninterrupted or error -free.
Customer assumes responsibility for taking
adequate precautions against damages which
could be caused by defects, interruptions or
malfunctions in the Software or the hardware on
which it is installed. Mueller Systems' entire
obligation and Customer's exclusive remedy with
respect to the Software warranties set forth above
shall be, at Mueller Systems' option, to either (x)
repair or replace any Software containing an error
or condition which is reported by Customer in
writing to Mueller Systems which causes the
Software not to conform with the warranty set
forth herein; or (y) refund a pro -rated amount paid
by Customer to Mueller Systems and terminate
this Agreement and all licenses provided herein.
b. Services. Mueller Systems warrants that
all services provided by it to Customer under this
Agreement shall be performed in a workmanlike
manner. Mueller Systems' entire obligation and
Customer's exclusive remedy with respect to the
(102019)
Service warranties set forth above shall be the re -
performance of the applicable non -conforming
Service.
C. Equipment. Subject to the exclusions
herein, including those in Appendix A, Mueller
Systems warrants to Customer that the Equipment
will comply with provided specifications for the
periods specified in Appendix A. Claims under
this Section will be considered if submitted to
Mueller Systems within sixty (60) days following
the discovery of any noncompliant Equipment
covered by this Agreement and provided Mueller
Systems or its agents are permitted a
commercially reasonable opportunity to examine
and analyze the Equipment claimed to be
noncompliant. Mueller Systems' entire obligation
and Customer's exclusive remedy with respect to
the Equipment warranties set forth herein, at
Mueller Systems' option, is repair or replacement
of any Equipment found noncompliant, subject to
the terms and conditions herein, during the
applicable warranty period after such Equipment
is properly packaged and returned prepaid to
Mueller Systems' designated service center.
d. Costs. Any and all costs associated with
uninstalling and shipping noncompliant
Equipment and Software and installing
replacement Equipment and Software will be the
responsibility of Customer.
e. Exclusions. The warranties provided by
Mueller Systems shall not apply to Equipment
and/or Software which: (i) have been altered,
except with the express written consent,
permission or instruction of Mueller Systems, (ii)
have been used in conjunction with another
product resulting in the defect, except for those
third party products specifically approved by
Mueller Systems, (iii) were other than the most
current version of the Software (but only to the
extent that any failure of the Software would have
been avoided by the use of the most current
version), (iv) have been damaged by improper
environment, abuse, misuse, accident, negligence,
act of God, excessive operating conditions, or
unauthorized attachments or modifications, (v)
have not been properly installed and operated in
accordance with the Documentation, or as
otherwise instructed by Mueller Systems, or (vi)
any other exclusion set forth in any Appendix
hereto.
f. DISCLAIMERS. TO THE EXTENT
PERMITTED BY APPLICABLE LAW, THE
WARRANTIES AND REMEDIES STATED
ABOVE ARE EXCLUSIVE AND NO OTHER
WARRANTIES OR REMEDIES EXPRESS,
IMPLIED OR STATUTORY, APPLY TO THE
DOCUMENTATION, THE SOFTWARE, THE
EQUIPMENT OR ANY SERVICES TO BE
PROVIDED BY MUELLER SYSTEMS
UNDER THIS AGREEMENT, INCLUDING
BUT NOT LIMITED TO WARRANTIES OR
CONDITIONS OF TITLE, NON -
INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
QUALITY OR PERFORMANCE, AND ANY
IMPLIED WARRANTY ARISING FROM
COURSE OF PERFORMANCE, COURSE OF
DEALING OR USAGE OF TRADE, ALL OF
WHICH MUELLER SYSTEMS EXPRESSLY
DISCLAIMS.
9. INDEMNIFICATION. Mueller
Systems will indemnify and defend Customer
from any third party claim that the Software and
Equipment infringe on another person's or
company's patent, copyright or other intellectual
property right as specified in this Section. This
indemnity does not cover and specifically
excludes (a) intellectual property rights
recognized in countries and jurisdictions other
than the United States, and (b) claims relating to
infringement of intellectual property rights by a
third party's products and software. Mueller
Systems has no obligation under this Section for
any claim to the extent it results from or arises out
of Customer's modification of the Equipment or
Software or from any combination, operation or
use of the Software or Equipment with other third
party products or services. Mueller Systems' duty
to indemnify under this Section is contingent
upon Mueller Systems receiving prompt notice of
a claim and Mueller Systems' right to solely
control resolution of a claim. Customer's sole
remedy for an indemnified claim under this
Section is as follows: Mueller Systems will, at its
expense and in its discretion either (a) resolve the
claim in a way that permits Customer's continued
ownership and use of the affected Software and
Equipment, (b) provide a comparable, non -
infringing replacement at no cost to Customer, or
(c) accept return of the Software and Equipment,
provide a reasonable depreciated refund and
terminate this Agreement and all licenses herein.
This Section is the exclusive statement of Mueller
Systems' liability and responsibility for
indemnifying Customer for infringement of
intellectual property rights
4
(102019)
10. LIMITATION OF LIABILITY.
a. MUELLER SYSTEMS' MAXIMUM
LIABILITY HEREUNDER IS EXPRESSLY
LIMITED TO THE TOTAL AMOUNT PAID
FOR THE SOFTWARE, SERVICES, AND
EQUIPMENT IN THE IMMEDIATELY
PRECEDING TWELVE (12) MONTHS AND
WILL UNDER NO CIRCUMSTANCE
EXCEED THE AMOUNT PAID BY
CUSTOMER IN THE IMMEDIATELY
PRECEDING TWELVE (12) MONTHS FOR
THE SOFTWARE, SERVICES AND
EQUIPMENT PROVIDED BY MUELLER
SYSTEMS UNDER THIS AGREEMENT. Some
states do not allow the limitation and/or exclusion
of liability for incidental or consequential
damages, so the above limitation may not apply.
b. The provisions of this Agreement
allocate the risks between Customer and Mueller
Systems. Mueller Systems' pricing reflects this
allocation of risk and the limitations of liability
specified herein.
11. NOTICE. All notices required to
be given hereunder shall be in writing. Notice
shall be considered delivered and effective upon
receipt when sent by registered or certified mail,
return receipt requested, addressed to the parties
as set forth above. Either party, upon written
notice, may change any name or address to which
future notice shall be sent.
12. GENERAL. The Software will not
be exported or re-exported in violation of any
export provisions of the United States or any
other applicable jurisdiction. The rights and
obligations of this Agreement are personal rights
granted to the Customer only. The Customer
may not transfer or assign any of the rights or
obligations granted under this Agreement to any
other person or legal entity. Any such purported
transfer or assignment shall be null and void.
Mueller Systems will be free of liability to the
Customer where Mueller Systems is prevented
from executing its obligations under this
Agreement in whole or in part due to force
majeure, such as earthquake, typhoon, flood, fire,
and war or any other unforeseen and
uncontrollable. Any modification or amendment
to any of the provisions of this Agreement will
be in writing and signed by an authorized officer
of each party. This Agreement does not create or
imply any relationship in agency or partnership
between the parties. Headings are inserted for the
convenience of the parties only and are not to be
considered when interpreting this Agreement.
The validity of this Agreement and the rights,
obligations, and relationship of the parties
resulting from same will be interpreted and
determined in accordance with the law of the
State of California, and applicable federal law,
without regard to its choice of law provisions.
The parties specifically exclude from application
to the Agreement the United Nations Convention
on Contracts for the International Sale of Goods
and the Uniform Computer Information
Transactions Act. If any provision of this
Agreement is contrary to and in violation of any
applicable law, such provision will be considered
null and void to the extent that it is contrary to
such law, but all other provisions will remain in
effect. The waiver or failure of either party to
exercise any right herein shall not be deemed a
waiver of any further right hereunder. This
Agreement constitutes the entire agreement
between the parties with respect to the subject
matter hereof and supersedes all other prior and
contemporary agreements, understandings, and
commitments between the parties regarding the
subject matter of this Agreement.
[Signatures Appear on the Following Page]
(10.2019)
EACH PARTY ACKNOWLEDGES THAT IT
HAS READ THIS AGREEMENT,
UNDERSTANDS IT, AND AGREES TO BE
BOUND BY ITS TERMS AND CONDITIONS.
Customer
By:
Name (Print or Type)
t �- /'Gf� �'► )Ctildk `'�y!/ Title
Title
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date•,?�??__�_,____�
By: a I, -, -,.
frol.. Aaron C. Harp, City Attorney '°
6
(10.2019)
Appendix A
Mueller Systems — Product Warranty Statement
1. Limited Warranty. Mueller Systems, LLC ("Mueller") warrants that, for the duration of
the Warranty Period (defined below): (a) each product purchased from Mueller ("Product") will be free from defects in
materials and workmanship under normal use, installation and service conditions; (b) the media on which any Software
is furnished will be free of defects in materials and workmanship under normal use; and (c) any such Software will
substantially conform to the applicable published Mueller functional specifications for such Software. Products will have
a warranty period of the greater of (i) one (1) year from date of shipment or (ii) the applicable warranty period for a
specific Product stated below in Section 6 ("Warranty Period").
2. Exclusive Remedy. Mueller will, at its option, either repair or replace with an equivalent
substitute a Product that is in breach of the foregoing warranty during the Warranty Period if Purchaser reports the breach
to Mueller within sixty (60) days after Purchaser discovers the breach. At Mueller's request, Purchaser will ship the
allegedly defective Product to a repair facility designated by Mueller at Purchaser's expense and risk. If Mueller, in its
sole discretion, determines that the Product breached the applicable warranty, Mueller will ship the repaired or replaced
Product to Purchaser at Mueller's expense and risk. If Mueller determines that it is unable to repair or replace such
Product, it will, at Mueller's sole discretion provide a cash or credit refund to Purchaser. If Mueller repairs or replaces
any such defective Product, the Warranty Period for the repaired or replaced Product will continue for the longer of (y)
thirty (30) days, or (z) the remainder of the original Warranty Period. Mueller's warranty is subject to exclusions, as set
forth in Section 3. This Section 2 sets forth Mueller's entire liability, and the Purchaser's exclusive remedy, for any
alleged breach of warranty for any Products.
3. Exclusions. Mueller has no obligation under this Product Warranty Statement if (a) a Product
has been subject to misuse, neglect or accident or has been damaged through abuse, alternation, installation or application
inconsistent with AWWA guidelines or Mueller specifications, including but not limited to Mueller propagation studies,
failure to follow Mueller's operation or maintenance instructions or negligence in transportation, handling, or storage, or
repaired by anyone other than Mueller or its authorized personnel, (b) with respect to software, there has been a change
to the software's operating environment not made or authorized by Mueller or if Purchaser fails to install any correction
or enhancement provided by Mueller, or if a virus is introduced through no fault of Mueller, or (c) if any Product fails to
satisfy the applicable warranty as a result of any force majeure event. Mueller's Product Return process can be found at
www.muellersystemsreturns.com .
4. Important Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MUELLER
DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT AND
WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. TO THE EXTENT
ANY IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO
THE EXPRESS WARRANTY PERIOD.
5. Limitation on Liability. Mueller has no liability with respect to damage or destruction of
property or the personal injury or death of persons resulting from defects in Products or from improper installation, use,
maintenance or operation of any Products. In all cases, Mueller's liability shall not exceed the total amount paid by
Purchaser to Mueller under this Order.
6. Product Warranties. The following provisions in this Section 6 modify the limited warranty
in Section I with respect to the specific Products identified below:
(10.2019)
Automated Meter Reading (AMR) / Advanced Metering Infrastructure (AMI) Products
Product
Description
Warranty Period
AMR / AMI Software
These items of Software will
One (1) year from date of shipment to Purchaser.
perforin in accordance with
Mueller's published specifications
for the duration of the Warranty
Period.
AMR / AMI Hardware —
During the Warranty Period, these
One (1) year from date of shipment to Purchaser.
unless otherwise expressly specified
Products will be free from defects
herein
in materials and workmanship.
AMR / AMI Radio Modules —
During the Warranty Period, these
Ten (10) years from date of shipment to Purchaser.
AMI water module endpoints and
Products will be free from defects
in materials and workmanship.
Additionally, the unit is covered by a prorated warranty for years
AMR water module endpoints
eleven (11) through fifteen (15) at a fifty -percent (50%)
discount, and years sixteen (16) through twenty (20) at a twenty-
five -percent (25%) discount from the date of shipment to
Purchaser. All discounts will be calculated on the then current
published price of the original product. All prorated warranty
discounts are to be used towards the purchase of replacement
units.
Encoder Register Products, Wall Pads
During the Warranty Period, these
Ten (10) years from date of shipment to Purchaser.
and Pit Pads.
Products will be free from defects
in materials and workmanship.
Additionally, the unit is covered by a prorated warranty for years
eleven (11) through fifteen (15) ata fifty -percent (50%)
discount, and years sixteen (16) through twenty (20) at a twenty-
five -percent (25%) discount from the date of shipment to
Purchaser. All discounts will be calculated on the then current
published price of the original product. All prorated warranty
discounts are to be used towards the purchase of replacement
units.
Water Metering Products
Product
Description
Warranty Period
All Meter Products not otherwise
During the Warranty Period, these
One (1) year from date of shipment to Purchaser.
specified herein
Products will be free from defects
in materials and workmanship.
Remote Disconnect Meters (RDM)
During the Warranty Period, these
Five (5) year warranty or two -thousand (2,000) actuations of the
valve and solenoid assembly
Products will be free from defects
valve, whichever comes first, from the date of shipment to
in materials and workmanship.
Purchaser.
Bronze Maincases
During the Warranty Period, these
Twenty -Five (25) years from date of shipment to Purchaser.
Products will be free from defects in
materials and workmanship.
Composite Maincases
During the Warranty Period, these
Fifteen (15) years from date of shipment to Purchaser.
Products will be free from defects in
materials and workmanship.
Standard registers for the above listed
mechanical meters
(10.2019)
During the Warranty Period, these Ten (10) years from date of shipment to Purchaser.
Products will be free from defects in
materials and workmanship.
(10 2019)
' American Water Works Association ("AWWA")
5/8" — Five (5) years from the date of shipment to Purchaser or
the registration of 500,000 U.S. gallons, whichever comes first;
3/4" — Five (5) years from the date of shipment to Purchaser or
the registration of 750,000 U.S. gallons, whichever comes first;
1" — Five (5) years from the date of shipment to Purchaser or the
AWWA' New Meter Accuracy
registration of 1,000,000 U.S. gallons, whichever comes first;
1-1/2" — Two (2) years from the date of shipment to Purchaser or
the registration of 1,600,000 U.S. gallons, whichever comes first;
2" — Two (2) years from the date of shipment to Purchaser or the
registration of 2,700,000 U.S. gallons, whichever comes first.
Models 400 and 500 Series Meters
5/8" — Fifteen (15) years from the date of shipment to Purchaser
or the registration of 1,500,000 U.S. gallons, whichever comes
first;
3/4" — Fifteen (15) years from the date of shipment to Purchaser
or the registration of 2,250,000 U.S. gallons, whichever comes
first;
AWWA Repaired Meter Accuracy
1" — Fifteen (15) years from the date of shipment to Purchaser or
(AWWA M6 Manual)
the registration of 3,000,000 U.S. gallons, whichever comes first;
1-1/2" — Ten (10) years from the date of shipment to Purchaser or
the registration of 5,000,000 U.S. gallons, whichever comes first;
2" — Ten (10) years from the date of shipment to Purchaser or the
registration of 8,000,000 U.S. gallons, whichever comes first.
Model HbMAG electromagnetic cold-
During the Warranty Period, these
Two (2) years from date of shipment to Purchaser.
water meters
Products will be free from defects
in materials and workmanship.
Solid State Meters
During the Warranty Period (ten (10) years from date of shipment to Purchaser) these Products will
meet or exceed accuracy of +/- 1.5% between the specified minimum flow rate to the specified
maximum. Additionally, the unit is covered by a prorated warranty for years eleven (11) through fifteen
(15) at a fifty -percent (50%) discount, and years sixteen (16) through twenty (20) at a twenty -five -
percent (25%) discount from the date of shipment to Purchaser. All discounts will be calculated on the
then current published price of the original product. All prorated warranty discounts are to be used
towards the purchase of replacement units for the following sizes:
5/8" Meter 0.1 gpm to 20 gpm
5/8" x'/4",'/4" Short, and '/4" Long Meter 0.1 to 30 gpm
1" Meter 0.4 to 55 gpm
1 ''/2" Meter 0.25 to 100 gpm
2" Meter 1.5 to 160 gpm
(10 2019)
' American Water Works Association ("AWWA")
Appendix B
Services
Software Services and Support Obligations
a. "Update" to the Software means a subsequent release of the Software that Provider makes
generally available to its current customers for the Software. Updates include changes and corrections to the
Software as are required to keep the Software in substantial conformance with the applicable Documentation
and that are created by Provider as corrections for defects in the Software. Updates shall not include any
release, option or future product that Provider licenses separately. Provider shall in its sole discretion
determine the nature, content, timing and release of any Updates.
b. Web -based support, consisting of information on the most current release of the Software
through Provider's web site.
C. Phone support in the form of advice and counsel via telephone regarding Customer's use
of the most current release of the Software, as well as Customer's connectivity and ability to access Content.
Phone Support is provided from 8:00 AM to 7:00 PM Eastern Time, Monday through Thursday and 8:00
AM to 5:00 PM Eastern Time on Fridays. All hours and days exclude recognized U.S. holidays observed by
Mueller Systems.
2. Software Hosting Services
a. Except as specifically permitted in this Agreement, Customer shall have web -based access
the Software hosted by Provider pursuant to this Agreement.
b. Provider shall provide Customer with access and related hosting services to the Software
installed on Provider's servers. Provider will also install the Content provided by Customer. Provider will
define the appropriate performance specifications and will host the server at a Provider's location. Provider
will monitor and perform routine maintenance on the server, and if the server is not operating properly, will
make a good faith effort to operate Customer's system on a backup server, if available. Access to Customer's
server is restricted to authorized Provider information technology and support personnel only. Differential
and full server backups are performed when reasonably practicable.
C. Customer shall be responsible for installing, operating and maintaining the equipment,
software, and/or facilities at Customer location recommended by Provider for effective access to and use of
the Software installed on Mueller Systems server. Customer shall be responsible for providing and
maintaining its own Internet access and all necessary telecommunications equipment at Customer's location
necessary for accessing the Software.
d. Upon termination, for any reason, of the Agreement or any license(s) granted herein,
Provider shall immediately cease providing access to the Software and Hosting Services. Customer shall
(i) immediately stop access and use of all such Provider confidential information (including Software); (ii)
shall return all copies of the Software, Documentation, and any Provider confidential information to
Provider; and (iii) delete all Software, Documentation, and other confidential information off of any and all
storage media possessed or controlled by Customer. Customer shall provide Provider with written
certification signed by an officer of Customer that Customer has complied with the provisions of this
Section. Customer shall immediately pay all amounts due to Provider.
(10.2019)
Appendix C
Confidential Information
For purposes of this Attachment, "party" or "parties" shall mean Provider and Customer, including their
respective subsidiaries and affiliates who are providing information under this Agreement. The parties
agree to maintain confidential information as follows:
1. Definition of Confidential Information. The parties understand and agree that confidential
information is any and all current and future Equipment, Documentation and/or Software information,
roadmap, technical or financial information, customer names, addresses and related data, contracts,
practices, procedures and other business information, including software reports, strategies, plans,
documents, drawings, machines, tools, models, patent disclosures, samples, materials and requests for
proposals that may be disclosed between the parties, whether written, oral, electronic or otherwise, however
and wherever acquired ("Confidential Information"). Confidential Information excludes any information
which would otherwise fall in the definitions above, but which was (a) known to the recipient of the
information ("Recipient") before receipt from the disclosing party; (b) publicly available through no fault
of Recipient; (c) rightly received by Recipient from a third party without a duty of confidentiality; (d)
disclosed by disclosing party to a third party without a duty of confidentiality on the third party; (e)
independently developed by Recipient without breach of this or any other confidentiality agreement; or (f)
disclosed by Recipient after prior written approval from the disclosing party.
2. Obligations of Confidentiality and Remedies. Recipient agrees, to the extent allowed by law,
including but not limited to the California Public Records Act, to protect the disclosing party's Confidential
Information with the same degree of care, but no less than a reasonable degree of care, as Recipient uses
with respect to its own Confidential Information. Neither party has any obligation to exchange
Confidential Information. Both parties acknowledge and agree that the disclosure of the other party's
Confidential Information could cause irreparable harm. Therefore, an injured party is entitled to applicable
equitable relief, including injunctions, in addition to other remedies, for such wrongful disclosure of
Confidential Information. In addition, disclosure of Confidential Information required by a government
body or court of law is not a violation of this Section if the Recipient gives prompt notice of the required
disclosure to the disclosing party.
3. Term of Confidentiality Obligations. Recipient's duty to protect Confidential Information expires
three (3) years from the date of disclosure of the particular Confidential Information.
4. No Warranties on Confidential Information. Neither party warrants or guarantees the accuracy of
any Confidential Information transferred between the parties.
(10.2019)
Appendix D
- I Annual MiHost Sopvare Hosting Fee PUMMY
',I Unit Plice
I Extended Plice
NISW-S-PH-ALL-30K
Annual CNE Headend Software Hosting
Fee
1
S 37-100.00
S 37.?,_.66
XIS -H -NI -IR
1 Yearly Maintenance Charge for Handhelds
2
S 2:000.00
S 4-000.001
NMS -G -'\l -IR I \R -Hub Collector'Maintenance Charge I
19I S 500.00 I
S 9.500.00 I
* Years 1-3 Fees are as stated in Exhibit B. Years 4-5 are as
provided in this Appendix D.
EXHIBIT H
PREVAILING WAGE CODES
Mueller Systems, LLC Page H-1
Exhibit H
California Labor Code
Section 1771 Except for public works projects of one thousand dollars ($1,000) or less,
not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the public work is performed, and not less than the
general prevailing rate of per diem wages for holiday and overtime work fixed as
provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract and is not applicable to
work carried out by a public agency with its own forces. This section is applicable to
contracts let for maintenance work.
Section 1775 (a) (1) The contractor and any subcontractor under the contractor shall,
as a penalty to the state or political subdivision on whose behalf the contract is made or
awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or
portion thereof, for each worker paid less than the prevailing wage rates as determined
by the director for the work or craft in which the worker is employed for any public work
done under the contract by the contractor or, except as provided in subdivision (b), by
any subcontractor under the contractor.
(2) (A) The amount of the penalty shall be determined by the Labor Commissioner
based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per
diem wages was a good faith mistake and, if so, the error was promptly and voluntarily
corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its
prevailing wage obligations.
(B) (i) The penalty may not be less than forty dollars ($40) for each calendar day, or
portion thereof, for each worker paid less than the prevailing wage rate, unless the
failure of the contractor or subcontractor to pay the correct rate of per diem wages was
a good faith mistake and, if so, the error was promptly and voluntarily corrected when
brought to the attention of the contractor or subcontractor.
(ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or
portion thereof, for each worker paid less than the prevailing wage rate, if the contractor
or subcontractor has been assessed penalties within the previous three years for failing
to meet its prevailing wage obligations on a separate contract, unless those penalties
were subsequently withdrawn or overturned.
(iii) The penalty may not be less than one hundred twenty dollars ($120) for each
calendar day, or portion thereof, for each worker paid less than the prevailing wage rate,
if the Labor Commissioner determines that the violation was willful, as defined in
subdivision (c) of Section 1777.1.
(C) If the amount due under this section is collected from the contractor or
subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section
1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied
before applying that amount to the penalty imposed on that contractor or subcontractor
pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall
be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each
worker for each calendar day or portion thereof for which each worker was paid less
than the prevailing wage rate shall be paid to each worker by the contractor or
subcontractor, and the body awarding the contract shall cause to be inserted in the
contract a stipulation that this section will be complied with.
(b) If a worker employed by a subcontractor on a public works project is not paid the
general prevailing rate of per diem wages by the subcontractor, the prime contractor of
the project is not liable for any penalties under subdivision (a) unless the prime
contractor had knowledge of that failure of the subcontractor to pay the specified
prevailing rate of wages to those workers or unless the prime contractor fails to comply
with all of the following requirements.-
(1)
equirements:(1) The contract executed between the contractor and the subcontractor for the
performance of work on the public works project shall include a copy of the provisions of
this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of
per diem wages by the subcontractor to the employees, by periodic review of the
certified payroll records of the subcontractor.
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers
the specified prevailing rate of wages, the contractor shall diligently take corrective
action to halt or rectify the failure, including, but not limited to, retaining sufficient funds
due the subcontractor for work performed on the public works project.
(4) Prior to making final payment to the subcontractor for work performed on the public
works project, the contractor shall obtain an affidavit signed under penalty of perjury
from the subcontractor that the subcontractor has paid the specified general prevailing
rate of per diem wages to his or her employees on the public works project and any
amounts due pursuant to Section 1813.
(c) The Division of Labor Standards Enforcement shall notify the contractor on a public
works project within 15 days of the receipt by the Division of Labor Standards
Enforcement of a complaint of the failure of a subcontractor on that public works project
to pay workers the general prevailing rate of per diem wages.
Section 1776 (a) Each contractor and subcontractor shall keep accurate payroll
records, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee employed by
him or her in connection with the public work. Each payroll record shall contain or be
verified by a written declaration that it is made under penalty of perjury, stating both of
the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815
for any work performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be
available for inspection at all reasonable hours at the principal office of the contractor on
the following basis:
(1) A certified copy of an employee's payroll record shall be made available for
inspection or furnished to the employee or his or her authorized representative on
request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made
available for inspection or furnished upon request to a representative of the body
awarding the contract and the Division of Labor Standards Enforcement of the
Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made
available upon request by the public for inspection or for copies thereof. However, a
request by the public shall be made through either the body awarding the contract or the
Division of Labor Standards Enforcement. If the requested payroll records have not
been provided pursuant to paragraph (2), the requesting party shall, prior to being
provided the records, reimburse the costs of preparation by the contractor,
subcontractors, and the entity through which the request was made. The public may not
be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance
with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall
be on forms provided by the Division of Labor Standards Enforcement or shall contain
the same information as the forms provided by the division. The payroll records may
consist of printouts of payroll data that are maintained as computer records, if the
printouts contain the same information as the forms provided by the division and the
printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in
subdivision (a) with the entity that requested the records within 10 days after receipt of a
written request.
(e) Except as provided in subdivision (f), any copy of records made available for
inspection as copies and furnished upon request to the public or any public agency by
the awarding body or the Division of Labor Standards Enforcement shall be marked or
obliterated to prevent disclosure of an individual's name, address, and social security
number. The name and address of the contractor awarded the contract or the
subcontractor performing the contract shall not be marked or obliterated. Any copy of
records made available for inspection by, or furnished to, a multiemployer Taft -Hartley
trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of
allocating contributions to participants shall be marked or obliterated only to prevent
disclosure of an individual's full social security number, but shall provide the last four
digits of the social security number. Any copy of records made available for inspection
by, or furnished to, a joint labor-management committee established pursuant to the
federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be
marked or obliterated only to prevent disclosure of an individual's social security
number.
(f) (1) Notwithstanding any other provision of law, agencies that are included in the Joint
Enforcement Strike Force on the Underground Economy established pursuant to
Section 329 of the Unemployment Insurance Code and other law enforcement agencies
investigating violations of law shall, upon request, be provided nonredacted copies of
certified payroll records. Any copies of records or certified payroll made available for
inspection and furnished upon request to the public by an agency included in the Joint
Enforcement Strike Force on the Underground Economy or to a law enforcement
agency investigating a violation of law shall be marked or redacted to prevent disclosure
of an individual's name, address, and social security number.
(2) An employer shall not be liable for damages in a civil action for any reasonable act
or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the
records enumerated under subdivision (a), including the street address, city, and
county, and shall, within five working days, provide a notice of a change of location and
address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to
receipt of a written notice requesting the records enumerated in subdivision (a). In the
event that the contractor or subcontractor fails to comply within the 10 -day period, he or
she shall, as a penalty to the state or political subdivision on whose behalf the contract
is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon the request of the
Division of Labor Standards Enforcement, these penalties shall be withheld from
progress payments then due. A contractor is not subject to a penalty assessment
pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations
to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government
Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section
1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records,
including the establishment of reasonable fees to be charged for reproducing copies of
records required by this section.
Section 1777.5 (a) (1) This chapter does not prevent the employment upon public
works of properly registered apprentices who are active participants in an approved
apprenticeship program.
(2) For purposes of this chapter, "apprenticeship program" means a program under the
jurisdiction of the California Apprenticeship Council established pursuant to Section
3070.
(b) (1) Every apprentice employed upon public works shall be paid the prevailing rate of
per diem wages for apprentices in the trade to which he or she is registered and shall
be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor
requests the dispatch of an apprentice pursuant to this section to perform work on a
public works project and requires the apprentice to fill out an application or undergo
testing, training, an examination, or other preemployment process as a condition of
employment, the apprentice shall be paid for the time spent on the required
preemployment activity, including travel time to and from the required activity, if any, at
the prevailing rate of per diem wages for apprentices in the trade to which he or she is
registered. Unless otherwise provided by a collective bargaining agreement, a
contractor is not required to compensate an apprentice for the time spent on
preemployment activities if the apprentice is required to take a preemployment drug or
alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under
apprenticeship standards that have been approved by the Chief of the Division of
Apprenticeship Standards and who are parties to written apprentice agreements under
Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at
the apprentice wage rate on public works. The employment and training of each
apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is
training.
(2) The rules and regulations of the California Apprenticeship Council.
(d) If the contractor to whom the contract is awarded by the state or any political
subdivision, in performing any of the work under the contract, employs workers in any
apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio
set forth in this section and may apply to any apprenticeship program in the craft or
trade that can provide apprentices to the site of the public work for a certificate
approving the contractor under the apprenticeship standards for the employment and
training of apprentices in the area or industry affected. However, the decision of the
apprenticeship program to approve or deny a certificate shall be subject to review by the
Administrator of Apprenticeship. The apprenticeship program or programs, upon
approving the contractor, shall arrange for the dispatch of apprentices to the contractor.
A contractor covered by an apprenticeship program's standards shall not be required to
submit any additional application in order to include additional public works contracts
under that program. "Apprenticeable craft or trade," as used in this section, means a
craft or trade determined as an apprenticeable occupation in accordance with rules and
regulations prescribed by the California Apprenticeship Council. As used in this section,
"contractor" includes any subcontractor under a contractor who performs any public
works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall
submit contract award information to an applicable apprenticeship program that can
supply apprentices to the site of the public work. The information submitted shall include
an estimate of journeyman hours to be performed under the contract, the number of
apprentices proposed to be employed, and the approximate dates the apprentices
would be employed. A copy of this information shall also be submitted to the awarding
body, if requested by the awarding body. Within 60 days after concluding work on the
contract, each contractor and subcontractor shall submit to the awarding body, if
requested, and to the apprenticeship program a verified statement of the journeyman
and apprentice hours performed on the contract. The information under this subdivision
shall be public. The apprenticeship programs shall retain this information for 12 months.
(f) The apprenticeship program supplying apprentices to the area of the site of the
public work shall ensure equal employment and affirmative action in apprenticeship for
women and minorities.
(g) The ratio of work performed by apprentices to journeymen employed in a particular
craft or trade on the public work may be no higher than the ratio stipulated in the
apprenticeship standards under which the apprenticeship program operates if the
contractor agrees to be bound by those standards. However, except as otherwise
provided in this section, in no case shall the ratio be less than one hour of apprentice
work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or
portion of a day when any journeyman is employed at the jobsite and shall be computed
on the basis of the hours worked during the day by journeymen so employed. Any work
performed by a journeyman in excess of eight hours per day or 40 hours per week shall
not be used to calculate the ratio. The contractor shall employ apprentices for the
number of hours computed as above before the end of the contract or, in the case of a
subcontractor, before the end of the subcontract. However, the contractor shall
endeavor, to the greatest extent possible, to employ apprentices during the same time
period that the journeymen in the same craft or trade are employed at the jobsite. When
an hourly apprenticeship ratio is not feasible for a particular craft or trade, the
Administrator of Apprenticeship, upon application of an apprenticeship program, may
order a minimum ratio of not less than one apprentice for each five journeymen in a
craft or trade classification.
(i) A contractor covered by this section who has agreed to be covered by an
apprenticeship program's standards upon the issuance of the approval certificate, or
who has been previously approved for an apprenticeship program in the craft or trade,
shall employ the number of apprentices or the ratio of apprentices to journeymen
stipulated in the applicable apprenticeship standards, but in no event less than the 1 -to -
5 ratio required by subdivision (g).
Q) Upon proper showing by a contractor that he or she employs apprentices in a
particular craft or trade in the state on all of his or her contracts on an annual average of
not less than one hour of apprentice work for every five hours of labor performed by
journeymen, the Administrator of Apprenticeship may grant a certificate exempting the
contractor from the 1 -to -5 hourly ratio, as set forth in this section for that craft or trade.
(k) An apprenticeship program has the discretion to grant to a participating contractor or
contractor association a certificate, which shall be subject to the approval of the
Administrator of Apprenticeship, exempting the contractor from the 1 -to -5 ratio set forth
in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average
of 15 percent.
(2) The number of apprentices in training in the area exceeds a ratio of 1 to 5.
(3) There is a showing that the apprenticeable craft or trade is replacing at least one -
thirtieth of its journeymen annually through apprenticeship training, either on a statewide
basis or on a local basis.
(4) Assignment of an apprentice to any work performed under a public works contract
would create a condition that would jeopardize his or her life or the life, safety, or
property of fellow employees or the public at large, or the specific task to which the
apprentice is to be assigned is of a nature that training cannot be provided by a
journeyman.
(1) If an exemption is granted pursuant to subdivision (k) to an organization that
represents contractors in a specific trade from the 1 -to -5 ratio on a local or statewide
basis, the member contractors shall not be required to submit individual applications for
approval to local joint apprenticeship committees, if they are already covered by the
local apprenticeship standards.
(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work
under the contract, employs journeymen or apprentices in any apprenticeable craft or
trade shall contribute to the California Apprenticeship Council the same amount that the
director determines is the prevailing amount of apprenticeship training contributions in
the area of the public works site. A contractor may take as a credit for payments to the
council any amounts paid by the contractor to an approved apprenticeship program that
can supply apprentices to the site of the public works project. The contractor may add
the amount of the contributions in computing his or her bid for the contract.
(2) (A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the
California Apprenticeship Council shall distribute training contributions received by the
council under this subdivision, less the expenses of the Department of Industrial
Relations for administering this subdivision, by making grants to approved
apprenticeship programs for the purpose of training apprentices. The grant funds shall
be distributed as follows:
(i) If there is an approved multiemployer apprenticeship program serving the same craft
or trade and geographic area for which the training contributions were made to the
council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving
the same craft or trade and county for which the training contributions were made to the
council, the grant shall be divided among those programs based on the number of
apprentices from that county registered in each program.
(iii) All training contributions not distributed under clauses (i) and (ii) shall be used to
defray the future expenses of the Department of Industrial Relations for the
administration and enforcement of apprenticeship and preapprenticeship standards and
requirements under this code.
(B) An apprenticeship program shall only be eligible to receive grant funds pursuant to
this subdivision if the apprenticeship program agrees, prior to the receipt of any grant
funds, to keep adequate records that document the expenditure of grant funds and to
make all records available to the Department of Industrial Relations so that the
Department of Industrial Relations is able to verify that grant funds were used solely for
training apprentices. For purposes of this subparagraph, adequate records include, but
are not limited to, invoices, receipts, and canceled checks that account for the
expenditure of grant funds. This subparagraph shall not be deemed to require an
apprenticeship program to provide the Department of Industrial Relations with more
documentation than is necessary to verify the appropriate expenditure of grant funds
made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this
subdivision are used solely to fund training apprentices. If an apprenticeship program is
unable to demonstrate how grant funds are expended or if an apprenticeship program is
found to be using grant funds for purposes other than training apprentices, then the
apprenticeship program shall not be eligible to receive any future grant pursuant to this
subdivision and the Department of Industrial Relations may initiate the process to
rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in
the Apprenticeship Training Contribution Fund, which is hereby created in the State
Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship
Training Contribution Fund shall be used for the purpose of carrying out this subdivision
and to pay the expenses of the Department of Industrial Relations.
(n) The body awarding the contract shall cause to be inserted in the contract stipulations
to effectuate this section. The stipulations shall fix the responsibility of compliance with
this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of
specialty contractors not bidding for work through a general or prime contractor when
the contracts of general contractors or those specialty contractors involve less than
thirty thousand dollars ($30,000).
(p) An awarding body that implements an approved labor compliance program in
accordance with subdivision (b) of Section 1771.5 may, with the approval of the director,
assist in the enforcement of this section under the terms and conditions prescribed by
the director.
Section 1813 The contractor or subcontractor shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars
($25) for each worker employed in the execution of the contract by the respective
contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one
calendar week in violation of the provisions of this article. In awarding any contract for
public work, the awarding body shall cause to be inserted in the contract a stipulation to
this effect. The awarding body shall take cognizance of all violations of this article
committed in the course of the execution of the contract and shall report them to the
Division of Labor Standards Enforcement.
Section 1815 Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this
code, and notwithstanding any stipulation inserted in any contract pursuant to the
requirements of said sections, work performed by employees of contractors in excess of
8 hours per day, and 40 hours during any one week, shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less
than 11/2 times the basic rate of pay.
Rosenbaum, Joshua
From:
Rosenbaum, Joshua
Sent:
Thursday, May 28, 2020 7:07 AM
To:
Mulvey, Jennifer
Cc:
Vukojevic, Mark; Catron, Steffen
Subject:
FW: Compliance Alert -Vendor Number FV00000057
Hi Jennifer,
The email below is from Ebix, indicating insurance compliance by Mueller Systems LLC.
Their contract /council item was postponed until June as a couple items needed to be ironed out.
Thanks,
Josh
-----Original Message -----
From: Customer Service <customerservice@ebix.com>
Sent: Wednesday, May 27, 2020 5:12 PM
To: Rosenbaum, Joshua <jrosenbaum@newportbeachca.gov>; Insurance <insurance@newportbeachca.gov>
Subject: Compliance Alert -Vendor Number FV00000057
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000057 Mueller Systems, LLC
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.