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8-1.04, "Partial Payments," and with bills of sale or other documents of title for those materials.
8. Subject to the prior written acceptance of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City of Vallejo all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder.
9. Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
10. Take other actions as reasonably directed by the Engineer.
B. Acceptance of the Contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows:
1. The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 8-1.04, "Partial Payments," and for materials furnished by the City of Vallejo for use in the work and unused shall terminate when the Engineer certifies that those materials have been stored in the manner and at the locations the Engineer has directed.
2. The Contractor's responsibility for damage to materials purchased by the City of Vallejo subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of those materials has been taken by the City of Vallejo.
When the Engineer determines that the Contractor has completed the work under the Contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Engineer will recommend that the Director formally accept the Contract.
C. Termination of the Contract shall not relieve the Contractor or surety of their obligation for any claims arising out of the work performed.
D. The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
1. The reasonable cost to the Contractor, without profit, for all work performed under the Contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate 401
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credits against the cost of the work.
When, in the opinion of the Engineer, the cost of a Contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing that work in compliance with the requirements of the Contract Documents and the excessive actual cost shall be disallowed.
2. A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed 4 percent of the cost.
3. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City of Vallejo or otherwise disposed of as directed by the Engineer.
4. A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.
All records of the Contractor and the Contractor's subcontractors, necessary to determine compensation in conformance with the provisions in this Section 7-1.09, shall be open to inspection or audit by representatives of the City of Vallejo at all times after issuance of the notice that the Contract is to be terminated and for a period of 3 years, thereafter, and those records shall be retained for that period.
After acceptance of the work by the Director, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in conformance with the provisions in Section 8-1.05B, "Final Payment and Claims," when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled.
All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
MEASUREMENT AND PAYMENT
8-1.01 SCOPE OF PAYMENT
The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work required under the SOW; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the Director and for all risks of every description connected with the prosecution of the work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the work according to the Contract Documents.
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No compensation will be made in any case for loss of anticipated profits. 8-1.02 FORCE ACCOUNT PAYMENT
When extra work is to be paid for on a force account basis, the labor, materials and equipment used in the performance of that work shall be subject to the review and acceptance of the Engineer and compensation will be determined as follows:
8-1.02A WORK PERFORMED BY CONTRACTOR
The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work stated in the SOW. All costs will be made in accordance with the Master Contract.
To the total of the direct costs computed as provided in Sections 8-1.02A(1), "Labor," 8-1.02A(2), "Materials," and 8-1.02A(3), "Equipment Rental," there will be added a markup of 33 percent to the cost of labor, 15 percent to the cost of materials and 15 percent to the equipment rental. The above markups shall constitute full compensation for all overhead costs which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Sections 8-1.02A(1), "Labor," 8-1.02A(2), "Materials," and 8-1.02A(3), "Equipment Rental." The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.
When extra work to be paid for on a force account basis is performed by a subcontractor, approved in conformance with the provisions in Section 7-1.01, "Subcontracting," an additional markup of 5 percent will be added to the total cost of that extra work including all markups specified in this Section 8-1.02A. The additional 5 percent markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor. 8-1.02A(1) LABOR
The Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor or other forces, will be the sum of the following:
8-1.02A(1A) ACTUAL WAGES
The actual wages paid shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation and similar purposes. 8-1.02A(1B) LABOR SURCHARGE
To the actual wages, as defined in Section 8-1.02A(1a), will be added a labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished. The labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in Section 8-1.02A(1A) and subsistence and travel allowance as specified in Section 8-1.02A(1C). 403
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8-1.02A(1C) SUBSISTENCE AND TRAVEL ALLOWANCE
The actual subsistence and travel allowance paid to the workers. 8-1.02A(2) MATERIALS
The City of Vallejo reserves the right to furnish any materials it deems advisable, and the Contractor shall have no claims for costs and markup on those materials.
Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of those materials will be the cost to the purchaser, whether Contractor, subcontractor or other forces, from the supplier thereof, except as the following are applicable:
8-1.02A(2A)
If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City of Vallejo notwithstanding the fact that the discount may not have been taken.
8-1.02A(2B)
If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to the purchaser, the cost of those materials shall be deemed to be the price paid to the actual supplier as determined by the Engineer plus the actual costs, if any, incurred in the handling of the materials. 8-1.02A(2C)
If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of those materials shall not exceed the price paid by the purchaser for similar materials furnished from that source on Contract items or the current wholesale price for those materials delivered to the jobsite, whichever price is lower. 8-1.02A(2D)
If the cost of the materials is, in the opinion of the Engineer, excessive, then the cost of the material shall be deemed to be the lowest current wholesale price at which the materials were available in the quantities concerned delivered to the jobsite, less any discounts as provided in Section 8-1.02A(2a).
8-1.02A(2E)
If the Contractor does not furnish satisfactory evidence of the cost of the materials from the actual supplier thereof within 60 days after the date of delivery of the material or within 15 days after acceptance of the Contract, whichever occurs first, the City of Vallejo reserves the right to establish the cost of the materials at the lowest current wholesale prices at which the materials were available in the quantities concerned delivered to the location of the work, less any discounts as provided in Section 8-1.02A(2a). 8-1.02A(3) EQUIPMENT RENTAL
The Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the Department of Transportation publication entitled Labor Surcharge And 404
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Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if they may exist, for the use of that equipment entered into by the Contractor, except that for those pieces of equipment with a rental rate of $10.00 per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly or daily rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 8-1.02A(3a), "Equipment on the Work." If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor.
Equipment owned by the Contractor and already on the job site shall only be paid for actual hours of usage as documented on daily extra work reports. Equipment owned by the Contractor, required to perform force account work, and not already on the job site shall only be paid for actual hours of usage as documented on daily extra work reports and the cost of mobilization to bring to the job site. The Engineer shall determine if equipment not on the job site is required to be mobilized to perform extra work.
If it is deemed necessary by the Engineer to use equipment not listed in the Labor Surcharge and Equipment Rental Rates publication, a suitable rental rate for that equipment will be established by the Engineer. The Contractor shall furnish all cost data which might assist the Engineer in the establishment of the rental rate. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply.
The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals.
Operators of rented equipment will be paid for as provided in Section 8-1.02A(1), "Labor." All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used.
Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
Individual pieces of equipment or tools not listed in the Labor Surcharge and Equipment Rental Rate publication and having a replacement value of $500 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor.
Rental time will not be allowed while equipment is inoperative due to breakdowns. 8-1.02A(3A) EQUIPMENT ON THE WORK
The rental time to be paid for equipment on the work shall be the time the equipment is 405
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in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return the equipment to the original location or to another location requiring no more time than that required to return the equipment to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than the extra work.
The following shall be used in computing the rental time of equipment on the work:
A. When hourly rates are listed, less than 30 minutes of operation shall be considered to be 0.5-hour of operation.
B. When daily rates are listed, less than 4 hours of operation shall be considered to be 0.5-day of operation.
8-1.02A(3B) EQUIPMENT NOT ON THE WORK
When extra work, other than work specifically designated as extra work in the applicable plans and specifications, is to be paid for on a Force Account basis and the Engineer determines that such extra work requires the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the Contract, the Engineer may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions:
A. The Engineer shall specifically approve the necessity for the use of particular equipment on such work.
B. The Contractor shall establish to the satisfaction of the Engineer that such equipment cannot be obtained from his/her normal equipment source or sources and those of his/her subcontractors.
C. The Contractor shall establish to the satisfaction of the Engineer that the proposed equipment rental rate for such equipment from his/her proposed source is reasonable and appropriate for the expected period of use.
D. The Engineer shall approve the equipment source and the equipment rental rate to be paid by the City of Vallejo before the Contractor begins work involving the use of said equipment.
For the use of equipment moved in on the work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, or determined as provided in Section 8-1.02A(3) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:
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A. The original location of the equipment to be hauled to the location of the work shall be agreed to by the Engineer in advance.
B. The City of Vallejo will pay the costs of loading and unloading the equipment.
C. The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers.
D. The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each hour that the equipment is actually used at the site of the extra work, excluding Saturdays, Sundays and legal holidays unless the equipment is used to perform the extra work on those days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of the equipment. The rental time to be paid for equipment not on the work shall be the time the equipment is actually in operation on the extra work being performed and in accordance with the following:
The hours to be paid for equipment which is operated less than 8 hours due to breakdowns, shall not exceed 8 hours less the number of hours the equipment is inoperative due to breakdowns.
When hourly rates are listed, less than 30 minutes of operation shall be considered to be 0.5-hour of operation.
When daily rates are listed, less than 4 hours of operation shall be considered to be 4 hours of operation. No payment will be made if the equipment is not used. If the equipment is used more than 4 hours of operation, payment will be made for one day.
E. Should the Contractor desire the return of the equipment to a location other than its original location, the City of Vallejo will pay the cost of transportation in accordance with the above provisions, provided the payment shall not exceed the cost of moving the equipment to the work.
F. Payment for transporting, and loading and unloading equipment, as above provided, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis. 8-1.02A(3C) OWNER-OPERATED EQUIPMENT
When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:
A. Payment for the equipment will be made in conformance with the provisions in Section 8-1.02A(3), "Equipment Rental."
B. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workers operating similar equipment already on the project or, in the absence of other workers operating similar 407
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equipment, at the rates for that labor established by collective bargaining agreements for the type of workers and location of the work, whether or not the owner-operator is actually covered by an agreement. A labor surcharge will be added to the cost of labor described herein, in conformance with the provisions in Section 8-1.02A(lb), "Labor Surcharge."
C. To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided in Section 8-
1.02A, "Work Performed by Contractor."
8-1.02B WORK PERFORMED BY SPECIAL FORCES OR OTHER SPECIAL
SERVICES
When the Engineer and the Contractor, by agreement, determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of the Contractor's subcontractors, that service or extra work item may be performed by a specialist.
8-1.02C RECORDS
The Contractor and all subcontractors shall maintain records in such a manner as to provide a clear distinction between the direct costs of extra work paid and the costs of other operations.
Material charges shall be substantiated by valid copies of vendor's invoices. The invoices shall be submitted with the daily extra work reports, or if not available, the invoices shall be submitted within 30 days after the submittal of the daily extra work report or 30 days after the date of delivery of the material, whichever occurs first. Contractor waives payment for material charges not substantiated by valid copies of vendor’s invoices submitted within the times provided.
Daily extra work reports shall be signed by the Contractor or the Contractor's authorized representative and shall be submitted to the City on the day the work is performed, or within 24 hours if authorized by the Engineer. Daily extra work reports shall be signed by the designated representative of the City to acknowledge the labor hours, materials, and equipment used to perform the work. Signature by the City’s representative does not constitute approval for payment. All daily extra work reports are subject to review and approval by the Engineer for conformance to the Contract Documents prior to payment.
The City reserves the right to make adjustments to the amount to be paid for extra work based upon daily extra work reports at any time prior to project acceptance, even if payment has been made under a progress payment. Contractor waives payment for that portion of Force Account work in which a daily extra work report has not been signed by the City’s designated representative and/or submitted to the City within the time specified above.
The Contractor's and all subcontractors’ records pertaining to the Project shall be open to inspection or audit by representatives of the City of Vallejo, during the life of the Contract and for a period of not less than 3 years after the date of acceptance thereof, 408
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and the Contractor and all subcontractors shall retain those records for that period.
Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to ensure that the cost records of those other forces will be open to inspection and audit by representatives of the City of Vallejo on the same terms and conditions as the cost records of the Contractor.
If an audit is to be commenced more than 60 days after the acceptance date of the Contract, the Contractor will be given a reasonable notice of the time when the audit is to begin.
8-1.02D PAYMENT
Payment as provided in Sections 8-1.02A, "Work Performed by Contractor," and 9-1.02B, "Work Performed by Special Forces or Other Special Services," shall constitute full compensation to the Contractor for performance of work paid for on a force account basis and no additional compensation will be allowed therefor. The payment will be made in conformance with the provisions in Section 8-1.04, "Partial Payments." The Engineer's receipt of a proposed progress schedule and monthly updated progress schedules, all in strict compliance with these Contract Documents shall be conditions precedent to the Engineers acceptance of the Contractor's periodic pay requests and/or the City of Vallejo's obligation to pay Contractor.
To the extent anything in this section conflicts with how payments are made in accordance with conditional acceptance of the Work and payment within the SOW, the SOW shall control.
8-1.03 STOP NOTICES
The City of Vallejo, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 9100 et seq. of the Civil Code. In cases where the contractor chooses to Bond around the Stop Notice, the Bond shall be of a form approved by the City.
8-1.04 PARTIAL PAYMENTS
The City of Vallejo, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, and are furnished and delivered by the Contractor on the ground and not used or are furnished and stored for use on the Contract, if the storage is within the City of Vallejo and the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the City of Vallejo, to the time of the estimate, and the value thereof. The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not including Saturdays, Sundays and legal holidays, prior to the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate.
The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on City of Vallejo-furnished forms properly filled out and executed, including accompanying 409
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documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the Contract price for the item of work for which the material is furnished.
Unless otherwise approved by the Engineer in writing, Contractor shall submit to Engineer on or before the tenth (10th) day of the month, an itemized application for payment for the cost of the work in permanent place, which has been completed in strict accordance with the Contract Documents as of the last day of the preceding month, less amounts previously paid. The application for payment shall be prepared in a form acceptable to Engineer and shall contain itemized amounts in accordance with the Contract Documents. The applications for payment shall not include requests for payment on account of changes which have not been authorized by Change Orders, or for amounts Contractor does not intend to pay a subcontractor because of a dispute or other reason.
If requested by the City of Vallejo, an application for payment shall be accompanied by a summary showing payment that will be made to subcontractors covered by such application, and unconditional waivers and releases of claims and stop notices, from each subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment.
Contractor warrants that upon submittal of an application for payment, all work has been performed in strict compliance with the Contract Documents, and all work for which certificates of payment have been previously issued and payment has been received from City of Vallejo, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment related to the work.
Payment of all, or any part, of an application for payment may be withheld, a certificate of payment may be withheld, all or part of a previous certificate for payment may be nullified and that amount withheld from a current certificate for payment, or the City of Vallejo may withhold from payment, on account of any of the following:
(i) Defective work not remedied;
(ii) Third-party claims against Contractor or City of Vallejo arising from the acts or omissions of Contractor or subcontractors;
(iii) Stop notices;
(iv) Failure of Contractor to make timely payments due to subcontractors for material or labor;
(v) A reasonable doubt that the work can be completed for the balance of the Contract 410
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price then unpaid;
(vi) Damage to the City of Vallejo or others for which Contractor is responsible; (vii) Reasonable evidence that the work cannot be completed within the Contract time, and the unpaid balance of the Contract price would not be adequate to complete the work and cover City of Vallejo's damages for the anticipated delay; (viii) Failure of Contractor to maintain, update, and submit record documents; (ix) Failure of Contractor to submit schedules or their updates as required by the Contract Documents;
(x) Performance of the work by Contractor without properly processed shop drawings; Liquidated damages assessed;
(xi) Any other failure of Contractor to perform its obligations under the Contract Documents.
By resolution of the City of Vallejo’s City Council, a fund has been established, money appropriated in the current budget, and assigned to the account(s) which is/are the sole source(s) of funds available for payment of the Contract price. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment.
The availability of money in this fund, and City of Vallejo's ability to draw from this fund, are conditions precedent to City of Vallejo's obligation to make payments to Contractor.
Within thirty (30) days of receipt of an approved certificate for payment, properly executed by the Contractor, City of Vallejo’s Engineer and Director, City of Vallejo agrees to pay Contractor, subject to all of the terms and conditions of these Contract Documents, an amount equal to ninety-five percent (95%) of the sum of the following (less any amounts withheld as permitted by the Contract Documents):
Cost of the work in permanent place as of the end of the preceding month as set forth and approved on the certificate for payment; and
Less amounts previously paid.
To the extent anything in this section conflicts with how partial payments are made in accordance with conditional acceptance of the Work and payment within the SOW, the SOW shall control.
8-1.05 PAYMENT AFTER ACCEPTANCE
After the work has been accepted in writing by the Director, as provided in Section 6-1.14, "Acceptance of Contract," payments will be made to the Contractor subject to the 411
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provisions in this Section 8-1.05.
8-1.05A PAYMENT PRIOR TO PROPOSED FINAL ESTIMATE
After acceptance of the work by the Director, the Engineer will make an estimate of the total amount of work done under the Contract and the City of Vallejo will make a final monthly payment pending issuance of the proposed final estimate. The City of Vallejo will pay the balance thereon found to be due after deduction of all previous payments, all amounts to be kept or retained under the provisions of the Contract and those further amounts that the Engineer determines to be necessary pending issuance of the proposed final estimate and payment thereon.
8-1.05B FINAL PAYMENT
After written acceptance of the Work as complete by the Director, or the Director’s designated representative, the Engineer will prepare and issue to the Contractor a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of the total amount, segregated as to Contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the Contract. All prior estimates and payments shall be subject to correction in the proposed final estimate.
The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the Contract so that the Engineer receives the written approval or statement of claims no later than close of business of the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of the written approval or statement of claims by the Engineer shall not be later than close of business of the next business day.
No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required unless the Contractor has strictly complied with the notice or protest requirements of the Contract Documents.
On the Contractor's approval, or if the Contractor files no claim within the specified period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor. The City of Vallejo will pay any remaining moneys unpaid and found to be due in the proposed final estimate 35 days after the recordation of the Notice of Completion in the records of the Solano County Recorder's Office as per Section 6-1.14, "Acceptance of Contract”. That final estimate and payment thereon shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.
If the Contractor within the specified period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City of Vallejo will pay the sum so found to be due. The semifinal estimate and payment thereon shall be conclusive and binding against the Contractor on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder.
To the extent anything in this section conflicts with how final payments are made in 412
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accordance with conditional acceptance of the Work and payment within the SOW, the SOW shall control.
8-1.05C CLAIMS
A. General. A “Claim” means a written demand or written assertion by Contractor to adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both. All claims filed hereunder shall strictly comply with all requirements of the Contract Documents.
In order to qualify as a “Claim,” the written demand must state that it is a claim submitted under Section 8-1.05C of the Contract Documents. A letter, voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim under the Contract Documents. If such a request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements.
A Claim must be stated with specificity, including identification of the event or occurrence giving rise to the Claim, the date of the event, and the asserted affect on the Contract price and the Contract time, if any. The Claim shall include adequate supporting data. Adequate supporting data for a Claim for an adjustment of the Contract time shall include scheduling data demonstrating the impact of the event on the controlling operation and completion of the Project. Adequate supporting data for a Claim for an adjustment in the Contract price shall include a detailed cost breakdown of items included within the Claim and documentation supporting each item of cost.
Notwithstanding and pending the resolution of any Claim, the Contractor shall diligently prosecute the disputed work to final completion of the work. Contractor shall impose the Claim notice and documentation requirements in this Contract on Contractor’s subcontractors of all tiers, and require them to submit to the Contractor all Claims against Contractor and/or City within the times and containing the documentation required by these provisions. The Claim notice and documentation procedure described in these provisions applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific portion of the Contract.
If additional information or details are required by the Engineer to determine the basis and amount of any Claims, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer.
If the fifteenth day falls on a Saturday, Sunday or legal holiday, then receipt of the information or details by the Engineer shall not be later than close of business of the next business day. Contractor understands and agrees that failure to submit the information and details to the Engineer within the time specified shall be result in Contractor waiving that Claim.
The Contractor and all subcontractors shall keep full and complete records of the 413
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costs and additional time incurred for any work for which a Claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Contractor agrees that failure to permit access to those records waives Contractor’s Claims.
The City of Vallejo, or its authorized representatives, shall have access, upon reasonable notice, during normal business hours, to Contractor and subcontractors' books, documents and accounting records, including but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and loss statements, balance sheets, project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors/vendors, project files, scheduling information, and other records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any change order, prospective or completed, or any claim for which additional compensation has been requested or claim has been tendered. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions, and photocopies at City of Vallejo's cost.
The parties agree that in the event Contractor or any subcontractor fails to comply with this section, it would be difficult for the City of Vallejo to determine its actual damages; therefore, Contractor agrees to pay City of Vallejo, as liquidated damages, the sum of Two hundred fifty dollars ($250.00), which Contractor agrees is reasonable under the circumstances, for each and every calendar day which Contractor or a subcontractor fails or refuses to provide the City of Vallejo, access to the materials specified in this section.
B. Disputes
Contract Interpretation Disputes: Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to the City of Vallejo. The Contractor shall bear all costs incurred in the giving of such notice.
All issues regarding the interpretation of the plans or specifications shall be referred to the City for interpretation. The City shall have the right but not the obligation to affirm or disaffirm any interpretation of the plans or specifications, which affirmance or disaffirmance shall be final. If the Contractor should disagree with the City’s decision, the Contractor’s sole and exclusive remedy is to file a Claim in accordance with these provisions.
Work Disputes: Should any dispute arise under the Contract Documents respecting the true value of any work performed, the implementation of the Work 414
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required by the Contract Documents, any Work omitted, any extra work which the Contractor may be required to perform or time extensions, respecting the size of any payment to the Contractor during the performance of the Contract Documents, or of compliance with Contract Documents procedures, the dispute shall be decided by the City of Vallejo and its decision shall be final and conclusive. If the Contractor disagrees with the City’s decision, the Contractor’s sole and exclusive remedy is to file a claim in accordance with these provisions.
C. Delays. As used herein, the following terms shall have the following meanings:
"Excusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time caused by conditions beyond the control and without the fault or negligence of the Contractor such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions in which the work cannot continue. The financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an adjustment in the Contract time.
"Compensable Delay" means any delay of the completion of the work beyond the expiration date of the Contract time caused by the gross negligence or willful acts of the City of Vallejo, and which delay is unreasonable under the circumstances involved, and not within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract time and/or Contract price. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. "Inexcusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time resulting from causes other than those listed above.
An Inexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Contract price.
The Contractor may make a Claim for an extension of the Contract time, for an Excusable Delay or a Compensable Delay, subject to the following:
1. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last.
2. If an Inexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract time shall be the number of days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Inexcusable Delay.
3. If an Inexcusable Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension in the Contract time shall be the number of days, if any, by which the number of days determined pursuant 415
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to Subparagraph (a) exceeds the number of days of the Inexcusable Delay.
4. For a Compensable Delay, the Contractor shall only be entitled to an adjustment in the Contract price in an amount equal to the actual additional labor costs, material costs, and unavoidable equipment costs incurred by the Contractor as a result of the Compensable Delay, plus the actual additional wages or salaries and fringe benefits and payroll taxes of supervisory and administrative personnel necessary and directly employed at the Project site for the supervision of the work during the period of Compensable Delay.
Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. There shall be no Compensable Delay unless the event or occurrence giving rise to the Compensable Delay extends the actual completion of the Project past the Contract time.
The parties agree that the City of Vallejo's exercise of its right to order changes in the work, regardless of the extent and number of changes, or to suspend the work, is within the contemplation of the parties and shall not be the basis for any Claim for Compensable Delay. The rights of the Contractor to adjustments of the Contract time and the Contract sum, based on changes ordered in the work or suspension of the work, shall be governed by this provision.
Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, Contractor shall not cause any delay, cessation, or termination in or of Contractor's performance of the work, but shall diligently proceed with performance of the work in accordance with the Contract Documents.
Contractor agrees that the daily Contractor Delay Damages as set forth in the Proposal Form shall be full compensation to Contractor, all subcontractors and anyone for whom they may be legally responsible, for each day of delay that may be caused by City of Vallejo or anyone for whom City of Vallejo is legally responsible, including but not limited to, extended field costs, extended home overhead costs, impact, inefficiency, unabsorbed home office overhead, under absorbed home office overhead, hindrance, disruption or any other damage arising from delay, no matter how characterized and regardless of the cause, extent or duration of the delay. Inclusion of Contractor Delay Damages within the Proposal Form is solely for the purpose of determining the low bidder and establishing the City of Vallejo’s maximum daily liability as a result of City of Vallejo delays to Contractor, if any, and City of Vallejo has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City of Vallejo becomes liable to Contractor for compensable delays, City of Vallejo agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
D. Claim Procedures. Should any clarification, determination, action or inaction by 416
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the City, Work, or any event, in the opinion of the Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in the Contractor seeking additional compensation in time or money for any reason (collectively “Disputed Work”), then the Contractor and the City shall make good faith attempts to resolve informally any and all such issues and/or disputes. The Contractor must file a written Notice of Potential Claim with the City on the form provided in the Contract Documents before commencing the Disputed Work, or within seven (7) calendar days after Contractor’s first knowledge of the Disputed Work, whichever is earlier, stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written Notice of Potential Claim is not filed within this time period, or if the Contractor proceeds with the Disputed Work without first having filed the notice required by these provisions, the Contractor shall waive any rights to further claim on the specific issue.
The City will review the Contractor’s timely Notice of Potential Claim and provide a decision within fifteen (15) calendar days. The City may require supplemental information from the Contractor to clarify that contained in the Notice of Potential Claim. If additional information or details are needed by the City, then the City will provide a decision within fifteen (15) calendar days after the receipt of the additional requested information; provided, however, a decision from the City must be provided within sixty (60) days from the original receipt of the Notice of Potential Claim by the City. If, after receiving the City’s decision, the Contractor disagrees with the decision, the Contractor shall so notify the City, in writing, within seven (7) calendar days after receiving the decision, that a formal Claim will be filed. The Contractor shall submit the Claim in the form specified herein and all arguments, justification, costs or estimates, schedule analyses, and detailed documentation supporting the Contractor’s position within thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim. The Contractor’s failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in the Contractor waiving all rights to the subject Claim.
If Disputed Work persists longer than thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim, then the Contractor shall, every thirty (30) calendar days until the Disputed Work ceases, submit to the City a document titled “Claim Update” which shall update and quantify all elements of the Claim as completely as possible. The Contractor’s failure to submit a Claim Update or to quantify all costs and impacts every thirty (30) days shall result waiver of that portion of the Claim for that thirty (30) day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with the requirements of these provisions and shall result in the Contractor waiving such Claim(s) and/or Claim Updates.
All Claims must be submitted to Engineer before the issuance of the final estimate.
Contractor hereby expressly waives all Claims not submitted, in complete and proper form, on or before the date of issuance of the final estimate. 417
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Upon receipt of the Contractor’s formal Claim including all arguments, justifications, costs or estimates, schedule analyses, and documentation supporting the Contractor’s position as previously stipulated, the City or its designate will review the Claim and render a final determination within sixty (60) calendar days. If the Contractor’s Claims at project completion total less than $375,000, then claims resolution shall proceed in the manner prescribed by Article
1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code.
Claims shall be calculated in the same manner as extra work using the procedures set forth in Section 8-1.02 “Force Account Payment.” This method applies in all cases of Claims, regardless of type, whether in negotiation, arbitration, litigation, and even applies in the event of fault, negligence, strict liability, or tort claims of all kinds, including strict liability or negligence. No other costs arising out of or connected to with the performance of Claims, of any nature, may be recovered by the Contractor. Except where provided by law, or elsewhere in these Contract Documents (if applicable), the City shall not be liable for special or consequential damages, and Claims shall not include special or consequential damages.
Contractor shall be limited in its recovery on Claims to the calculations set forth in Section 8-1.02 of these provisions.
E. Claim Format. The Contractor shall submit the Claim justification in the following format:
1. Cover letter and certification of the accuracy of the contents of the Claim;
2. Summary of Claim including underlying facts, entitlement, quantum calculations and Contract Document provisions supporting relief;
3. List of documents relating to Claim including plans, specifications, clarifications/requests for information, schedules and others;
4. Chronology of events and correspondence;
5. Analysis of Claim merit;
6. Analysis of Claim costs;
7. Attached supporting documents referenced in Item 3.) above.
F. Mediation. All Claims not subject to the Claim resolution procedures set forth in these provisions shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non-binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitrator Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation’s conclusion. All unresolved claims shall be submitted to the same mediator. The cost of mediation shall be equally shared. 418
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8-1.06 FALSE CLAIMS
California Penal Code section 72, provides that any person who presents for payment with intent to defraud any district board or officer, any false or fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000.00) and/or imprisonment in the state prison.
Government Code sections 12650, et seq., pertains to civil penalties that may be recovered from persons (including corporations, etc.) for presenting a false claim for payment or approval, presents a false record or statement to get a false claim paid or approved, or other acts, to any officer or employee of any political subdivision of the State of California. Any person or corporation violating the provisions of Government Code sections 12650, et seq., shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs.
All Claims by Contractor, shall include the following certification, properly completed and executed by Contractor or an officer of Contractor:
I, , BEING THE (MUST BE AN OFFICER)
OF (CONTRACTOR), DECLARE UNDER PENALTY OF
PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE THOROUGHLY REVIEWED
THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND/OR EXTENSION
OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ, PERTAINING TO
FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMISSION OR
CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES.
Contractor agrees that submission of a Claim, in strict conformance with all of the requirements of this Contract, and rejection of all or part of said Claim by City of Vallejo, is a condition precedent to any action by Contractor against City of Vallejo, including but not limited to, the submission of a claim pursuant to Government Code section 900, et seq., and the filing of a lawsuit.
Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant provided by Contractor with the claim.
Contractor agrees that any costs or expenses incurred by the City of Vallejo in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records, or the Contract, shall be deemed to be damages incurred by the City of Vallejo within the meaning of the California False Claims Act.
Upon final determination of the claims, the Engineer will then make and issue the 419
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Engineer's final estimate in writing and within 30 days thereafter the City of Vallejo will pay the entire sum, if any, found due thereon. That final estimate shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.
8-1.07 CLERICAL ERRORS
Notwithstanding the provisions in Section 8-1.05, "Payment After Acceptance," for a period of 3 years after acceptance of the work, all estimates and payments made pursuant to Section 8-1.05, including the final estimate and payment, shall be subject to correction and adjustment for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City of Vallejo agree to pay to the other any sum due under the provisions of this Section 8-1.07, provided, however, if the total sum to be paid is less than $200, no payment shall be made. 8-1.08 THIRD-PARTY CLAIMS
The Contractor shall be responsible for all bonafide third-party claims, and for costs or injuries incurred by a third party to the extent to which such claims resulted from the operations of the Contractor, or its performance under the Contract. 8-1.09 MISCELLANEOUS PROVISIONS
This Contract shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor, and to the successors in interest of City of Vallejo, in the same manner as if such parties had been expressly named herein.
This Contract shall be governed by the laws of the State of California.
If any one or more of the provisions contained in the Contract should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
This Contract constitutes the full and complete understanding of the parties, and supersedes any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may only be modified by a written instrument signed by both parties.
The provisions of the Contract Documents shall be included or incorporated by reference in all subcontracts.
420
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Exhibit I
Certificate of Liability Insurance
421
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)
POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
4,000,000
1,000,000
1200 North Mayfair Road, Suite 100
D
USA
X
X
1,000,000
ACCIDENT FUND INS CO OF AMER
CONTINENTAL INS CO
TRAVELERS PROP CAS CO OF AMER
PHOENIX INS CO
X 6076540927
Milwaukee, WI 53226
1,000,000
Milwaukee, WI 53223
10,000
300,000
C
Badger Meter, Inc.
X
10166
35289
Vallejo, CA 94589
25674
25623
A X 01/01/24
X
X
certificate holder is included on the workers' compensation policy. 1,000,000
contract. Additional insured status is included on the Auto Liability policy. A waiver of subrogation in favor of the completed operations of the Contractor, and premises, owned, occupied or used by the Contractor when required by written 1,000,000
Liability with respect to liability arising out of activities performed by or on behalf of the Contractor, products and The City of Vallejo, its officers, officials, employees and volunteers are included as additional insured on the General Re: City of Vallejo No. 21-1003
2,000,000
X
5,000,000
B
01/01/24
202 Fleming Hill Road
1-414-443-0000
X
02/03/2023
4545 West Brown Deer Road
X
Y660 268J2023
01/01/23
X
10,000
01/01/24
01/01/24
810 2L694073
UH WCP 100074452 01
5,000,000
Brown & Brown Inc.
diannewandel
67777598
67777598
01/01/23
01/01/23
X
1,000,000
City of Vallejo Water Department
01/01/23
X
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT−CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be $ See Below Schedule
Person or Organization Job Description
Any person or organization for which the employer
has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for
purposes of work performed by the employer in
Missouri, this waiver of subrogation does not apply to
any construction group of classifications as
designated by the waiver of right to recover from
others (subrogation) rule in our manual.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 1/1/2023 Policy No. UH WCP 100074452 01 Endorsement No.
Insured: Badger Meter, Inc.
Insurance Company: Accident Fund Insurance Company of America Countersigned by _____________________________ WC 99 03 13 C
(Ed. 7-09)
427
'RFX6LJQ(QYHORSH,'
&(
&$(&$
Exhibit J
Performance and Payment Bonds
428
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429
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430
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431
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432
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433
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434
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435
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436
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Exhibit K
Statement of Work
437
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Badger Meter, Inc.
Use or disclosure of all data on this page is subject to the restrictions on the first page of this document.
Statement of Work/Project Plan
Page | 1
Statement of Work/Project Plan
The City of Vallejo, CA
Prepared By: Badger Meter
3/29/2023
All information herein is proprietary to Badger Meter, Inc. and is disclosed in confidence to recipient only for evaluation purposes approved in advance by Badger Meter, Inc. Recipient agrees not to (1) use such information for any other purpose, (2) disclose any of such information to others, (3) reproduce this document in whole or part, and (4) transfer such information to other documentation. Notwithstanding the foregoing, the information contained herein may be disclosed by the City of Vallejo pursuant to a bonafide open records request that is made in accordance with any applicable state or municipal law; provided, however, there are no applicable exemptions under such laws for the information contained herein that would exempt disclosure.
©2023 Badger Meter, Inc. All Rights Reserved.
438
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Badger Meter, Inc.
Use or disclosure of all data on this page is subject to the restrictions on the first page of this document.
Statement of Work/Project Plan
Page | 2
Table of Contents Page Numbers are subject to change
1. Introduction and Scope................................................................................................................... 4
1.1 Document Scope ...................................................................................................................... 4
1.2 Introduction to Project & Products............................................................................................. 4
1.3 Project Goals ............................................................................................................................ 4
2. Project Resources & Stakeholders ................................................................................................. 6
3. Project Assumptions....................................................................................................................... 7
4. Project Phases, Milestones & Deliverables..................................................................................... 9
4.1 Project Phases ......................................................................................................................... 9
4.2 Project Milestones .................................................................................................................. 10
5. Projected Project Timeline & Schedule......................................................................................... 13
6. Pre-Construction Meeting & Team Communication Plan .............................................................. 13
6.1 Pre-Construction Meeting ....................................................................................................... 13
7. Quality Control & Risk Management Plan..................................................................................... 17
7.1 Quality Control........................................................................................................................ 17
7.2 Risk Management Plan........................................................................................................... 18
8. Ordering of Equipment/Materials .................................................................................................. 20
9. Software, Interfaces & Testing...................................................................................................... 21
10. IDA Acceptance/IDA Field Test .................................................................................................... 28
11. Acceptance Criteria of Badger Meter Deliverables........................................................................ 30
12. System Performance & Acceptance ............................................................................................. 31
12.1 Initial Deployment Area (IDA)................................................................................................ 31
13. Meter and Endpoint Installations................................................................................................... 35
14. Payments & Invoicing ................................................................................................................... 37
14.1 Contractor Invoicing – Workflow ........................................................................................... 37
14.2 Invoicing Procedure .............................................................................................................. 38
14.3 Internal Project Acceptance .................................................................................................. 38
14.4 External Project Acceptance................................................................................................. 38
15. Change Management ................................................................................................................... 39
15.1 Internal Change Management............................................................................................... 39
15.2 External Change Management ............................................................................................. 39
15.3 Change Order – Workflow .................................................................................................... 39
16. Software Interfaces....................................................................................................................... 40 439
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17. Training ........................................................................................................................................ 42
17.1 Training Phase I: Endpoint Installation.................................................................................. 42
17.2 Training Phase II: BEACON AMA Software .......................................................................... 44
17.3 Training Phase III: BEACON AMA Software ......................................................................... 46
18. Project Closeout ........................................................................................................................... 47
18.1 Project Completion ............................................................................................................... 47
18.2 Project Closeout Activities .................................................................................................... 47
19. Installation Services Statement of Work........................................................................................ 49
19.1 Outside Meter Installation ..................................................................................................... 49
19.2 Professional Services ........................................................................................................... 51
19.3 Electronic Mass Meter Change Out (MMCO) Interface ......................................................... 51
19.4 Inventory Management ......................................................................................................... 52 440
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1. Introduction and Scope
1.1 Document Scope
This preliminary project plan describes the Badger Meter Scope of Work (SOW) for the City of Vallejo (City). Deliverables, process, requirements, and general project information have been included.
Badger Meter has a history of successful AMR/AMI implementations over the past 20 years, beginning when AMR systems were first deployed. Badger Meter has managed turnkey deployments as small as 100 meters and as large as 195,000 meters, with implementation project durations ranging from a few weeks to five years. To date, all our managed projects have been completed on time and Badger Meter has not incurred any liquidated damage due to poor performance. We pride ourselves on not only completing projects on time, but also with the highest level of customer satisfaction. We view the deployment not as a one-time project, but rather as the first phase of an ongoing relationship that will ultimately result in our ability to work with the utility when the next meter reading technology needs to be deployed.
Our project management group averages over 20 years of project experience with an average of more than eight years within the water industry specifically.
1.2 Introduction to Project & Products
Badger Meter will provide the City our BEACON AMA Cellular solution system implementation that will cover approximately 38,400-meter services over 20-month period (Project). The first 8 months of the project will include the completion of all required system integration development/testing, customer outreach efforts, and Phase 1 (IDA) material procurement. The remaining 12-months will be for installation of the remaining meters (Full Deployment locations). Installation schedules will be developed and updated throughout the installation process, with input from the City to mitigate potential impacts to ongoing meter reading operations.
1.3 Project Goals
To ensure the project remains on schedule, there are certain objectives all parties must adhere to as detailed below.
Billing system interface must be completed within 60 to 90 calendar days of the written Notice to Proceed (NTP), which will require ongoing coordination among and between the City, the City’s billing system vendor (HTE), and Badger Meter and which comprises the installation of the initial 10-24 meters with support and resources allocated for the project by the City.
Badger Meter shall be responsible for engaging and managing the integrations of the Beacon system and between the City, Concord Utility Services, Inc., Badger’s Installation Contractor for meter installation (CUS), and the City’s billing system to maintain and support project milestones.
441
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The City will review action items from Badger and respond within 7 calendar days. The response may include immediate action / approval from the City or the estimated period the City will require to complete / approve the requested action. Action items may include but are not limited to change orders, special account approvals as they may relate to the inability to locate a meter pit, or plumbing work needed at a specific site location and additional work otherwise not noted in this SOW and required to ensure the project stays on schedule.
Installation services on all in-target accounts shall be completed within the specified contractual timeframe as outlined in the project schedule, which shall not exceed 620 calendar days from date of the written NTP. The City shall release routes for installation in a timely manner and as specified herein, which shall be mutually agreed upon during the preconstruction meeting by and among the City, Badger Meter, and CUS. 442
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2. Project Resources & Stakeholders
Contact Title Department Responsibilities
Mark Leveille
Sales Director /
Western Regional
Manager
Sales
Western Regional Manager responsible
for the overall project success and
customer experience
Jimmy Terry
Senior Utility Solution
Manager – National
Strategic Accounts
Sales
Senior Client Partner – Ensures the
proposed solution meets or exceed
customer’s expectations
Ryan Fenton Sales Manager Sales Account Management for the City Brian Helphand Account Manager Sales Account Management for the City Santiago
Speranza, PMP PMO Manager PMO
The PMO Manager will manage and
support the Sr. Project Manager, and
assist with integrating high level issues
within other Badger Meter departments
along with providing best in class
customer support
Gavin Dowdy,
PMP
Senior Project
Manager PMO
Responsible for coordinating training and
interface work with the City and Badger
Meter.
Kat Sirico Associate Project
Manager PMO Supports the Sr. PM on all project related
activities.
Joe Lucia
Manager, Field
Services Sales
Support (FSSS)
FSSS Supports project activities through
training activities
Jenny Dunk Contract Manager Bids and
Contracts
Manages the Contract alongside the Sr.
Project Manager throughout the project to
ensure all project deliverables are being
met and successfully provided
Thomas
Dillemuth
Senior Manager of
Customer Care
Customer
Care
The Sr. Customer Care Manager ensures
product is ordered, invoiced, and
available to meet the timelines set forth in
the project
443
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3. Project Assumptions
• Badger Meter and the City will provide suitably trained and skilled resources to support the project effort and timeline agreed upon by both parties. City staff shall be familiar with its present IT operations as they relate to the project components. • The lead project manager assigned to this project, Gavin Dowdy, PMP, will be responsible for the management of all Badger Meter and CUS resources, Badger Meter deliverables and action items, and the contractual obligations of the project plan that are under the control of Badger Meter.
• Badger Meter will identify and be responsible for any third-party contractors/consultants contracted by Badger Meter for the project, including CUS. Where CUS is referenced in this document, Badger Meter, as prime contractor, is ultimately responsible for fulfillment of the requirements.
• Badger Meter will perform most project work off-site, including the interface workshops, software training activities, and other action items as appropriate. Badger Meter project management pricing already includes reasonable travel costs. If any additional or unpredicted on-site travel is determined to be necessary, Badger Meter will work with the City to bill this additional travel.
• Quantities provided by the City are the best available estimates on actual quantities Badger Meter may locate in the field. Should ultimate quantities vary from those estimated, the unit prices shall remain as presented under the final price proposal. • Pricing assumes that water meter exchanges are like-for-like with the same lay and length without major plumbing (i.e. - installation of new piping) or excessive excavation (i.e. - digging to uncover a buried meter) needed to complete the exchange. Like-for-like meter exchanges shall include interchangeability of 3/4" and 5/8” meter sizes, as the City anticipates changing all 5/8” services to 3/4” meters. If the City chooses to retrofit current meters, pricing assumes compatible meters or registers for the retrofits.
• Pricing does not include testing of new or removed meters. Pricing for such services is available on request.
• Badger Meter will assist with an iterative review process and troubleshooting of the ‘Accounts and Assets’ file (also known as the BEACON import file or the system sync file or the meter provisioning file) and formatting of the billing reads export data to fit the client’s billing system requirements.
o The City’s Billing System must provide an ‘Accounts and Assets’ file within 1 month of the NTP so there is sufficient time to review the file and make necessary corrections.
o Badger Meter will provide the City’s billing vendor with all feedback from the full review of the ‘Accounts and Assets’ file within five business days of receiving the import file from the City’s Billing System.
It is the City’s Billing System vendor HTE’s responsibility to assist the City with any field alterations needed in the billing system. 444
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Badger Meter will highlight which fields need to be addressed by the City’s Billing System and the City.
o The review of the ‘Accounts and Assets’ file is expected to be an interactive process. However, if there are more than five iterations of review and corrections, or if Badger Meter takes more than five business days between each iterative review, or if the City’s billing vendor takes more than five business days between each iterative correction, then the billing integration timeline may need to be reevaluated. o Once the ‘Accounts and Assets’ file is confirmed by Badger Meter, the City’s Billing System, and the City, Badger Meter will create and provide a billing read extract file to the City’s billing vendor within three business days. The City’s Billing System will need to provide the data schema and mapping specifications.
The City will have ten business days to confirm the structure and accuracy of the billing reads file.
o Only importing the ‘Accounts and Assets’ data and exporting the billing reads data are accounted for within the scope of a billing integration. Other data transfer or data transfer or functionality configuration must be defined in a different scope of work.
o Badger Meter will attend periodic interface and integration meetings with the City and all involved vendors to discuss and resolve issues related to the integration and interfacing.
• Ongoing support and responsiveness shall be provided by the City with respect to its billing vendor as necessary for all project requirements and interfacing with CUS and Badger Meter. 445
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4. Project Phases, Milestones & Deliverables
4.1 Project Phases
4.1.1 Initial Deployment Area (IDA)
Bench Test Phase
• This phase will demonstrate basic network connectivity, system functionality and test endpoint configurations. Approximately 20 meters of a variety of sizes and types, will be identified by the City. These meters may be on a test bench or in field locations where the City can test meter / endpoint configuration and functionality. The City will install meters and endpoints for this phase.
• Badger Meter will provide endpoint installation training and materials, stand up the headend and establish on-line connectivity with the City. Any training will be billed according to the Master Contract for AMI Turnkey Project Goods and Services (“Agreement”) with the City.
• Testing will rely on City access to the headend to observe, train and verify endpoint configurations, verify meter resolution, and test alarm conditions as applicable.
• Badger Meter will assist in troubleshooting and correcting issues identified by the City during this phase.
• This phase is anticipated to last for 3 months.
Field Test Phase
• This phase will include the field deployment of meters and endpoints on a subset of the City meter population. The meters / endpoints will be geographically like represent one billing route. This phase will test the functionality of the system to read meters and generate bills. • The location and number of meters will be determined during the PreConstruction Meeting / Workshop. CUS will install the meters and endpoints 446
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using their Work Order Management (WOM) system, ensure the City has access to the WOM and provide basic training on its use. • Integration with Billing System will be completed and testing during this time. • All integrations and testing must be completed during this phase. • Badger will provide timely training to facilitate full use of the Badger Beacon AMI solution in support of the City’s business process changes required to operate the AMI solution during the Field Test phase.
• After installation of the IDA Field Test Phase meters, Badger Meter may continue to install meters for the Full Deployment Phase unless the City identifies issues and concerns during the testing. Upon notice from the City’s Project Manager, Badger Meter will cease all meter installations until the City issues and concerns are resolved.
This phase is anticipated to last for 2 to 6 months.
4.1.2 Full Deployment Phase
The full deployment phase will include installation of all remaining meters and endpoints and connection to the AMI network.
4.2 Project Milestones
• BEACON Advanced Metering Analytics (AMA) system configuration with the City’s Billing System; Estimated completion is 60 to 90 calendar days from the date of the preconstruction meeting. • Bench Testing will take place on a dedicated meter test bench or in a limited area where a limited amount meter hardware can be deployed and tested o This will test basic connectivity between the meter, endpoint, and BEACON • CUS mobilization: Estimated completion is 30 to 45 calendar days from the date of the pre-construction meeting.
• Field Testing will take place with no more than 500 meters o The Field Test phase will include planning for the “go-live” date and 1-2 months of parallel manual reading to determine AMI accuracy. The same data sets and data points captured by the current meter and captured by the newly installed meter should be substantially identical during parallel meter reads. If there is a discrepancy between the data from the current meter and the newly installed meter, Badger and CUS will resolve any discrepancies with the metering system to the satisfaction of the City provided the issue was caused by CUS workmanship and/or Badger Meter Products
• Total IDA Phase will last approximately 6 to 9 months from the pre-construction meeting.
Mobilization will occur while City completes IDA bench or limited field testing, and the schedule will be adjusted if necessary, during the data integrations. 447
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• Installation of approximately 38,258 meters will take place over a 12-month period • System testing and final acceptance by the City Council: Estimated completion is 60 days from the end of the meter installations, issue resolutions and acceptance by the City’s AMI project Manager.
• Training phase I to be completed within 90 days from the beginning of meter installations. • Training phase II to be completed once a minimum of 500 meters are installed and operating in the BEACON AMA System.
• Training phase III can be utilized by the City, as deemed necessary for new employee onboarding and system training, all training sessions must be completed within three years of the date of the NTP.
• Key objectives of this project include:
o Community awareness and support for the project led by the City o Personnel awareness and support of the project by the City o Minimal disruption/impacts to the City residents and businesses by all project parties involved
o Smooth transition to AMI with minimal disruptions/impacts to the City o Successful meter installations and network activation of endpoints completed by CUS and Badger Meter
o Substantial route completion (meter installations)
o Personnel acceptance and utilization of the new technology in conjunction with current best practices in place by the City
o Successful rollout and consumer participation in the EyeOnWater portal 448
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Workshops
Workshop Description Onsite or
Virtual
Pre-Construction
Meeting
Meeting with all project personnel to review and agree on timeframes for work, CIS integration, installation roll out, and all applicable trainings
Onsite
Interface Design
Discussions with the City and vendors on Mass Meter Change Out (MMCO) and billing Integrations (Badger Meter to the City’s Billing System), data elements, business rules, formats, processes.
Virtual
Interface Test
Planning
Use case development, testing environment/data requirements, and test execution planning Virtual
Deployment
Planning
Includes field tools and procedures, “slow start” phase plans, QA/QC processes, installer training, and community outreach planning
Virtual
Badger Meter
Training
Training of the City employees on all Badger Meter products both hardware and software Onsite
449
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Badger Meter, Inc.
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Page | 14
to the 100% QA/QC conducted by the CUS Team, Badger Meter will also QA/QC all project data provided by CUS prior to invoicing The City to ensure accurate records are both within the system as well as being billed for. Furthermore, Badger Meter will also randomly audit installation work both while onsite for project visits as well as through the utilization of the PeakWorkflow System.
QA/QC Process:
QA starts prior to installation by developing project specific standard operating procedures with defined and tested data flow processes. During the installation process CUS implements a field deployed managed workflow with built-in controls ensuring sequence and accuracy of data inputs. Post installation, our QA Team reviews 100% of completed work orders, concentrating on data integrity and quality of installation through photo and data comparisons.
Failed work orders are escalated to a project manager and initiate a field audit by project lead or qualified technician, ensuring all data and quality requirements are met, prior to processing the daily work order file to a hosted SFTP site, for retrieval and import into CIS by the utility.
Data Quality Checks:
• Validate Location by comparing address and old meter number. • Old and new meter ID
• Old and new meter size
• Old and new read
• Old and new register ID
• Old and new radio ID
• Lid and box information
• Sub-meter GPS location
• Name of Installer
Installation Quality Checks: Comparing as-found conditions versus post-install conditions. • Meter valve On/Off position ensuring service is restored or matches the “as-found” condition.
• Direction of meter flow (by indicator arrow).
• Validate Size of meter and register
• Water flows through hose bib ensuring air is removed from the customer line. • General site conditions, dirt levels, housekeeping, and workmanship. • Lid and box flush to avoid trip hazard.
RTU Review Process: Proven to be the most efficient and successful process to saturate and complete routes within cycles.
The installation team shall make three attempts to complete an installation work order.
1. Attempt 1 – (Initial Visit) The meter technician makes an initial attempt, if unable to complete the work order, the technician records the attempt by entering condition assist code in WOMS. Condition Assist Codes include, but are not limited to, 451
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damaged infrastructure, unable to locate, direct connect, found leak, damaged/leaking angle/curb stop, unable to operate angle/curb stop, obstructed service, no access, locked gate, box relocation required to access meter, theft/tampering, etc.
2. Attempt 2 – Return to CUS (RTC) – The work order status is changed to RTC and escalated to a project manager or project lead. The PM or PL will make a second attempt to perform the installation or validate the condition causing an assist code and preventing a completed install. If the PM/Lead are unsuccessful in their second attempt and the work order requires assistance from utility, the work order will be escalated to the city, as an RTU-Review, with the matching assist code. If the work order requires additional (future) work by CUS, the work order status will remain an RTC.
3. RTU-Review Process: Each RTU Review Item (after 2nd attempt) is recorded in Peak Workflow and exported to the project WOMS SFTP site, as an aggregate list of RTUReview work orders. Typically, a standing weekly RTU-Review call is scheduled, between Utility and Project Manager, to resolve each Review Item. Once resolved, each work order is placed back into the installation queue. Each resolved item will be removed from the RTU-Review list (automated) as the Work Order Status changes (RTU-Review to Closed) and it moves through the installation process.
4. Attempt 3 – After the RTU Review resolution, the work order will be reassigned, and a technician will return to perform the installation and complete the work order (3rd attempt). If unable to complete after third attempt, the PM will present the work order to the City as RTU-Complete, with appropriate condition assist code. 1) RTU Complete – Returned services will be reviewed during weekly status report meetings, in which a strategy will be developed to resolve the work order, resulting in Attempt 4 and additional fees, or it will be agreed upon with the City that the work order shall be considered unable to complete by the installation contractor, and accepted as an RTU-Complete and shall be removed from the installation requirements
452
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Team Communication Plan
Communication Stakeholders Involved Purpose Frequency Type/Method Initiation meeting
All primary
stakeholders,
sponsors
Gather information
for initiation plan
Before project
start date Meeting
Pre-construction
meeting All stakeholders Distribute project
plan
Preconstruction
meeting
Meeting
Project kick off Badger Meter, the
City, and CUS
Communicate plans
and stakeholder
roles/responsibilities
Near project
start date Meeting
Status reports Project team
Update
stakeholders on
progress of the
project
Monthly Meeting/report
Team meetings Project team
To review detailed
plans (tasks,
assignments, and
action items)
Weekly Meeting
Quarterly project
review Project team
Review overall
health of the project
and highlight areas
requiring action
Quarterly Meeting/report
Post project
review
Project team, key
stakeholders, and
sponsors
Identify
improvement plans,
lessons learned and
review
accomplishments
End of project Meeting/report
453
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7. Quality Control & Risk Management Plan
7.1 Quality Control
The project will utilize the Badger Meter standard quality management plan which will be developed during the planning process. Quality control is utilized across all aspects of the project including installation processes, auditing, data checking, training, and automated systems.
CUS will actively manage all project data in an electronic method that eliminates data errors with their Work Order Management System (WOMS). CUS is responsible for preventing, identifying, and correcting all data errors. All data will be collected electronically. Proactive and continued improvement of data management processes will be provided.
CUS will manage the following types of data:
• Installation account data
• Inventory data
o CUS is expected to manage inventory data (meter serial number) from the time of acceptance through installation, to the time of invoice to Badger Meter • GPS data
• Invoice data
• Quality control metrics
• Project work metrics
Most importantly, CUS processes ensure all installation data reported is 100 percent accurate.
Installation data includes but is not limited to the following:
• New and old meter serial numbers
• New encoder and endpoint serial numbers
• GPS coordinates
• Account data
• Time data
• Final read picture
• Final meter read
• Installation notes
• Installation type
• Skipped installation reason and description
Any installation accounts with inaccurate or missing account data will not be accepted and will require a CUS installer to correct the data. CUS is expected to utilize automated methods to ensure data integrity is upheld.
454
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CUS is expected to adhere to the following best practices to help ensure data integrity:
• All pertinent data is required to be stored by CUS in a redundant back-up system to prevent data loss
• Use of images for meter, encoder, and transmitter serial numbers • Keystroke verification to identify mistyped data
• Sub-meter GPS data collected at time of original installation • Duplicate data checking
• Verification of meter, encoder, and transmitter serial numbers by comparing to inventory data provided by Badger Meter
• Data verification will be completed by a CUS quality specialist • CUS is expected to retain all project data for the duration of the project CUS will transmit electronic installation data to the City on a weekly basis in the file format acceptable to the City.
Any customer issues that arise will be addressed within 48 hours by the City and Badger Meter.
7.2 Risk Management Plan
7.2.1 Purpose of the Risk Management Plan
A risk is an event or condition that, if it occurs, could have a positive or negative effect on a project’s objectives. Risk management is the process of identifying, assessing, responding to, monitoring, and reporting risks. A risk management plan will be developed during the planning workshops and defines how risks associated with the City project will be identified, analyzed, and managed. It should outline how risk management activities will be performed, recorded, and monitored throughout the lifecycle of the project and provides best practices for recording and prioritizing risks.
The risk management plan is created by the Badger Meter project manager and is monitored and updated throughout the project.
7.2.2 Risk Management Process
The Badger Meter project manager will work with the project team to ensure that risks are accurately identified, analyzed, and managed throughout the life of the project. Risks will CUS installation
data
City’s Billing
Vendor
BEACON AMA
(installation data)
City’s Billing
Vendor
(installation data
with reads)
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be identified as early as possible in the project so as to minimize their impact. The steps for accomplishing this are outlined in the following sections.
7.2.3 Risk Identification
Risk identification will involve the project team, appropriate stakeholders, and will include an evaluation of environmental factors, organizational culture, and the project management plan including the project scope. Careful attention will be given to the project deliverables, assumptions, constraints, cost/effort estimates, resource plan, and other key project documents.
A Risk Management Log will be generated and updated as needed and will be stored electronically in the project library.
7.2.4 Risk Analysis
All risks identified will be assessed to identify the range of possible project outcomes.
Qualification will be used to determine which risks are the top risks to pursue and respond to and which risks can be less of a focus.
Below is the Badger Meter Risk Management process:
Risk identification Risk impact
assessment Risk prioritization
Risk mitigation
planning,
implementation,
and progress
monitoring
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8. Ordering of Equipment/Materials
Badger Meter will manage and communicate product lead times to the City when orders are received. Badger Meter will be primarily responsible for placing orders with enough lead time to prevent schedule delays. Badger Meter will abide by the estimated production lead times listed below as best as possible based on ongoing product demand and other factors that could affect order lead times. Each order will be reviewed and approved by the City before it is released.
Deliverables Lead Times
5/8 inch to 1 inch Disc meters ~16 – 18 weeks
HR-E registers ~16 – 18 weeks
ORION Cellular endpoints ~22 – 24 weeks
Training ~8 weeks
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9. Software, Interfaces & Testing
Prior to installing meters and endpoints in the IDA Bench Test phase, the initial set up of the system and testing will occur. It will involve the installation of 10-24 meters/endpoints along with training of key subject matter experts to perform proper system set up and testing.
Billing Interface: Badger Meter, CUS, the City, and City Billing System Software will work together to ensure that a proper billing interface is in place prior to installations and mass deployment.
Installation Data: CUS will provide the installation data in a CSV format to the City. The data will then be imported by the City into their billing system, and the City will use the billing interface so that it can be entered into the BEACON AMA system. CUS and Badger Meter will work collaboratively with the City to facilitate these transitions to be as smooth as possible.
Software: The software will include BEACON Advanced Metering Analytics (AMA). Interface Management: The following table provides detailed responsibilities for Badger Meter for each specific step in developing, testing, and managing the interfaces.
Test Phase Badger Meter Responsibilities Responsibilities of the City Application
Testing
• BEACON AMA interface
requirements/specifications
• Review and analyze requested
field data for Billing Software
storage
• Work with the City on data
setup/questions
• BEACON AMA/Billing System
Software data gap analysis
• Develop BEACON AMA test
cases
• Test case execution and
validation between BEACON
AMA and Billing System
Software
• Verification of physical meter
and endpoints (first article
testing)
• Review
requirements/specifications
• Decisions on field data to be
collected and stored in
Billing System Software
• Provide production level
Billing System Software
meter and account data
• Work with CUS/Badger
Meter on data
setup/questions
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Systems
Integration
Testing
• Work with the City on data
setup/questions
• Develop test cases for BEACON
AMA integrations and use cases
(e.g., meter changeout,
inactivations)
• Test case execution and
validation of BEACON AMA
integrations and use cases.
• Billing System Software test
environment/support
• Work with CUS/Badger
Meter on data
setup/questions
User
Acceptance
Testing
• Co-develop test
cases/acceptance criteria for
BEACON AMA
• Assist with setting up data to
support test cases for BEACON
AMA
• Support test case execution and
validation for BEACON AMA
• Billing System Software test
environment
• Co-develop test
cases/acceptance criteria
• Assist with setting up data to
support test cases
• Execute test cases
• Validate results
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Subject Matter Expert Training
Training will be performed on-site at the City for all formal training sessions.
Sample One-Day Installation Training (Class of up to 5 people) The below agenda is for interface compatibility purposes. This goal is to create subject matter experts of the City’s staff for endpoint installations. This obtained “early” knowledge received prior to the full deployment will assist in the guidance of training and deployment as the project progresses.
Times Subject Notes Suggested Attendees Possible Other
Attendees
30 min Overview of
ORION Cellular
General explanation
of how the endpoints
function and interact
with the BEACON
AMA software
Key installers Managers
30 min Assets Endpoints:
• Available
• Preprovisioned
• Provisioned
Key installers Managers
1 hour Installation of
meters and
endpoints (in
classroom)
• Installation
considerations
• Activation
FOB
• Installation
form splicing
wire
• Endpoint
status tool
Key installers Managers
4 hours Installation of
meters and
endpoints
At meter locations
and with trainer
supervision
Key installers Managers
Sample BEACON AMA Subject Matter Expert Training
This training occurs approximately two months after the subject matter expert installation training. It is dependent on the completion of the Billing System Software and BEACON AMA interface using the data from the installed endpoints. The agenda below is for interface 460
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compatibility purposes. This goal is to create subject matter experts for the BEACON AMA software, testing, and data verification.
Times Subject Notes Suggested Attendees
1 hour BEACON AMA
overview
General overview of
BEACON AMA
software
Key billing clerks,
BEACON AMA
administrators
1 hour Monitor Page Data verification and
format
Key billing clerks,
BEACON AMA
administrators
1 hour Data export Extracting data via
exporting. Custom
report writing with
export fieldsets.
Key billing clerks,
BEACON AMA
administrators
1 hour Billing cycle Steps of a billing
cycle
Key billing clerks,
BEACON AMA
administrators
30 min Users Adding staff and
assigning roles
Key billing clerks,
BEACON AMA
administrators
30 min Questions Key billing clerks,
BEACON AMA
administrators
Installation Data: The installation data will then be imported by the City into their own billing system, and the City will use the billing interface so that it can be entered into BEACON AMA.
CUS and Badger Meter will work collaboratively with the City to facilitate these transitions to be as smooth as possible.
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web interface and generation of the meter exchange/MMCO, file to Billing System Software specifications).
Billing System Software will test the functionality of generating full sync files (meter and account data) to BEACON AMA as well as the return and processing of the AMI billing reads.
CUS will work with Badger Meter to test the functionality of processing Billing System Software’s meter and account (sync) data and creating AMI read data for Billing System’s Software.
An initial set of meters will be delivered to the City to ensure that each meter is properly inspected for configuration, materials, functionality, and identification. These meters should be installed to conduct the full integration testing. The city will be installing the meters and Badger Meter must be notified of the order for products in a timely matter to ensure alignment to project schedule.
System Integration Testing (SIT): The main objective is to prove end-to-end testing (meter reading to customer bill) across all software applications of field devices through the communications network to BEACON AMA as well as test CUS’s WOMS to the Billing System Software and Billing System Software to and from the BEACON AMA interfaces.
This ensures that specified integration requirements are met, and data is accurate and timely. This phase of testing requires a sandbox testing environment to test the WOMS, BEACON AMA, customer portal, and Billing System Software’s hardware and software system components.
During this phase, it is also recommended to perform “real world” testing that validates whether the system can support daily business operational and user requirements (e.g., new services, inactivation, route changes).
Here is a general testing sequence which can be finalized during the Testing Definition workshop:
1. Badger Meter will provide a general format to the City’s Billing System Software system to create a ‘sync’ file and the Billing System Software system will be programmed to create the sync based on the required Badger Meter layout.
2. Once that Sync file is created, Badger Meter will manually review the file against the Badger Meter format to identify any errors to be corrected by the Billing System Software vendor.
3. Once the City and Billing System Software approves the file, the file is imported to a BEACON AMA test system to validate data format and content accuracy the file will be passed to Badger Meter for final approval.
4. Upon Badger Meter approval, a sample billing read file will be created for testing, within the Billing System Software test environment. The billing read file is then 463
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verified in the Billing System Software system and the interface will then be deemed production (or UAT) ready.
With the assistance of Badger Meter, the City will document test cases for each system integration interface scenario and manage the end-to-end integration testing of all solution interfaces. Multiple test cases covering all possible scenarios (sizes, retro, etc.) will be developed and executed, such as the following:
o CUS to Billing System Software: MMCO
o CUS will create various MMCO files, and validates Billing System Software required format is accurate
o Various MMCO files imported to Billing System Software’s test environment will be validated for successful import and all appropriate Billing System Software data fields are updated
o Billing System Software to BEACON AMA (sync and reads) User Acceptance Testing (UAT): Use cases and test cases will be co-developed by the City to cover the primary AMI and Billing System Software billing scenarios. Thorough UAT will capture potential inconsistencies and facilitate resolution. New and redesigned business processes may also be tested during UAT.
Once the application, system integration, and user acceptance testing has been completed, the City will install meters in the IDA for testing before mass deployment starts. This allows for validation of daily reads and general daily operation monitoring and testing on a small and controlled scale.
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10. IDA Acceptance/IDA Field Test
After successfully completing all other test phases and prior to the commencement of mass deployment, CUS shall install a defined set of meters and endpoints on one or more of the City’s routes, following the installation procedures proposed by Badger Meter.
At least two months in advance of planned installations, the City must provide the details of the accounts to be released. Badger Meter will place an order for products based on the determined meter sizes in the route released by the City, and in parallel, CUS will begin mobilization of onsite resources for meter installations deployment.
IDA test cases and acceptance criteria for BEACON AMA and Badger Meter products will be identified and developed during the test planning workshop (Interface Test Planning). Business process changes and improvements will be tested during this IDA phase so that they can also be debugged prior to a mass deployment. This provides the users time to adjust to new processes and procedures and builds a familiarity with the new systems and methods to be employed that will help ensure a smooth transition to the new BEACON AMA system.
Test Phase Badger Meter Responsibilities Responsibilities of the City IDA • Co-develop test
cases/acceptance criteria
• Support test case execution
and validation
• Account identification
• Co-develop test
cases/acceptance
criteria
• Execute test cases
• Validate results
The start of IDA will commence no longer than 10 business days following the City’s approval of UAT. The City, along with guidance from the Badger Meter project manager shall evaluate the procedures for public notification, scheduling installations, meter and endpoint installation, data transfer to Billing System Software, meter reading over the system, installation data management, and problem resolution to ensure they are working and effective.
In addition, the City may require modification to any procedures that it deems are deficient, ineffective, or otherwise unacceptable to the City. No work will commence on other routes until the AMI system equipment is deemed operational and approved by the City to performance requirements on the test route, the project control procedures, and systems.
Badger Meter recommends the following activities to be included as part of the IDA effort:
After the first day’s installs, a “live test” meter swap file is generated and will be processed through the City’s Billing System Software test environment, and once approved will be processed into their live production environment.
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CUS will perform a network analysis on the first day’s installs to validate all installs from that day are online and communicating properly with BEACON AMA.
BEACON AMA integration will then be completed with generating a sync file from Billing System Software to BEACON AMA. BEACON AMA will then provide a billing-read file, which will be imported into the City’s Billing System Software.
The team will review all procedures used and results to identify potential changes required prior to the start of mass deployment.
Badger Meter will provide a brief training overview of BEACON AMA to the City upon the successful completion of Billing System Software integration being conducted by CUS, Billing System representatives, the City and Badger Meter.
Badger Meter and CUS will provide full project support throughout the entire IDA phase to ensure all support necessary to ensure a successful implementation and eventual rollout to the full-scale deployment phase.
Upon successful review of the BEACON AMA system by the City, Badger Meter will request a formal acknowledgement by the City’s project manager, via email, to allow the beginning of the full project deployment along with the release of all additional routes for meter installations. 466
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11. Acceptance Criteria of Badger Meter Deliverables
To facilitate installation acceptance, monthly, Badger Meter shall provide the City with an electronic submission of a list of verified installation data which includes installations completed in the prior month. Following the City's receipt of the data, each installation set forth therein will be accepted by the City provided the following occurs:
1. Satisfactory inspection by the City to be completed within 15 business days.
2. Successful capture of a confirming meter reading or sequence of meter readings from that meter and endpoint by the City operating the BEACON AMA system in a normal way; and
3. Confirmation that data has been correctly captured in the City’s Billing System for each service location.
Installation Conditional Acceptance: Within 15 days from its receipt of the installation data, the City will promptly notify Badger Meter of any installations set forth that do not meet the City’s acceptance as listed above so that Badger Meter may resolve any discrepancies. If, with respect to installations set forth, the City does not (1) inspect the installations; (2) attempt to obtain confirming readings; or (3) confirm that the correct information for the installations have been captured in the City’s Billing System, in each case, within 10 business days of the City's receipt of the installation data, through no fault of Badger Meter, the installations set forth shall be deemed by the City to be conditionally accepted.
Payments: In accordance with Section 8-1.04 of the General Provisions, Badger Meter shall submit to the Engineer on or before the tenth (10th) day of the month, an electronic invoice that itemizes conditionally accepted installations and affirmatively accepted installations and any authorized additional work for which payment has not yet been processed. All acceptable invoiced items shall be processed and paid for by the City. If, at any time within 12 months after the City's acceptance of any installations, the City finds with respect to such installations that such installations do not meet the criteria of acceptance set forth above, then the City must remand the work to Badger Meter for correction, which Badger Meter must do at its own expense. Provided, however, that if, in performing such corrections, Badger Meter replaces equipment provided by Badger Meter, or repairs the installation of equipment which, in either case, is not covered by warranty, Badger Meter may invoice the City for the same.
Milestone Acknowledgment: Written acknowledgement of project milestones met throughout the project will be provided by the City to Badger Meter as requested by the Badger Meter project manager within ten business days of the request.
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12. System Performance & Acceptance
12.1 Initial Deployment Area (IDA)
Prior to the commencement of full-scale installation, Badger Meter, CUS, and the City will verify the operation and readiness of the existing BEACON integration with the City’s billing system and CUS’s Mass Meter Changeout File.
12.1.1 Bench Test Phase
During this phase, the City will test meter and endpoint configuration on approximately 20 meters. The City will test each meter / endpoint for proper configuration of alarms and meter resolution. The tests will rely on the use of the Beacon AMA to view meter register and interval data being received and displayed in Beacon AMA. The City will induce alarm conditions, as they are able, to view the alarm condition received in Beacon AMA. The City anticipates this testing will take 10 business days after meter / endpoint configuration and installation and having access to Beacon AMA.
Issues identified during this phase such as meter / endpoint configuration discrepancies, meter resolution discrepancies, completeness of register / interval data receipt along with the Acceptance Criteria listed below must all be resolved or accepted by the City before entering the IDA Field Test Phase.
Acceptance Criteria
For the Bench Test phase to be deemed Accepted, the following criteria must be met by the responsible party:
• Badger configures HEADEND to meet City of Vallejo’s specifications, as defined in Design documentation.
• Badger and City of Vallejo have established City of Vallejo access to the HEADEND software. • City of Vallejo to verify all test meter and ENDPOINT register and interval reads are accurately transmitting to the HEADEND and displayed in the HEADEND appropriately with the desired resolution.
• City of Vallejo to verify that, Alpha test meters and ENDPOINTS are populated in the HEADEND. • City of Vallejo to verify that, within 72 hours, interval reads from all Alpha test meters and ENDPOINTS are populated in the HEADEND
• City of Vallejo to verify all alerts / alarms are registering in HEADEND with regular transmissions. • City of Vallejo will have signed off on the Deliverables provided by Badger:
• City of Vallejo has access to WOMS and been provided training on its use. • Upon successful review and approval of the BEACON AMA system by the City, Badger Meter will submit a request to the City’s project manager, via email, for a formal 468
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acknowledgement via email by the City’s project manager to allow the beginning of the IDA Field Test and full project deployment along with the release of all additional routes for meter installations.
• The IDA Field Test Phase will not be complete until the City has successfully billed (Either live billing to utility customers or within the billing test environment as determined by the City). Successfully billed will mean that the BEACON AMI system is properly integrated into the Billing System.
12.1.2 Field Test Phase
Prior to the commencement of full-scale installation, CUS shall replace meters and install endpoints on one or more of the City’s routes, as determined during the Pre-Construction Meeting, following the procedures proposed by Badger Meter. During this test and for a period no longer than 15 business days following it, the City and Badger Meter shall evaluate the procedures for public notification, scheduling installations, meter and endpoint installation, data transfer to Billing System, meter reading over the system, installation data management, and problem resolution to ensure they are working and effective. In addition, the City may require modification to any procedures that it deems are deficient, ineffective, or otherwise unacceptable to the City. No work will commence on other routes until the AMI system equipment is deemed operational and approved by the City to performance requirements on the test route, the project control procedures, and systems.
1. At least three months in advance of planned installations, the City must provide the details of the routes to be released for meter installations.
2. Badger Meter, the City, the City’s Billing System, and CUS will complete the full interface work within three to four months.
3. Badger Meter will place an order for products based on the determined meter sizes in the route released by the City, and in parallel, CUS will begin mobilization of on-site resources for meter installations deployment.
4. Badger Meter will establish the City’s BEACON AMA portfolio and ensure proper testing with the City, CUS, and the City’s Billing System to ensure proper data flow between all applicable systems.
5. After the first day’s installation, a “live test” meter swap file is generated and will be processed through the City’s Billing System’s test environment, and once approved will be processed into their live production environment.
6. CUS will perform a network analysis on the first day’s installations to validate all installs from that day are online and communicating properly with the BEACON AMA system.
7. BEACON AMA integration will then be completed with generating a live sync file from the City’s Billing System to BEACON AMA. BEACON AMA will then provide a billing read file, which will be imported into the City’s Billing System.
8. The team will review all procedures used and results to identify potential changes required prior to the start of full deployment.
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9. Badger Meter can provide a brief training overview of the BEACON AMA system to the City upon the successful completion of the City’s Billing System integration being conducted by CUS, the City’s Billing System, the City, and Badger Meter.
Badger Meter and CUS team will provide full project support throughout the entire initial deployment phase to ensure all support necessary to ensure a successful implementation and eventual rollout to the full-scale deployment phase. The following acceptance Criteria will be met prior to moving forward to full deployment.
Interval Reads Discovery Meeting:
Badger Meter will conduct a discovery session with the City’s team at no charge to determine integration requirements for gathering interval reads. Using the requirements and information collected during the discovery session, Badger Meter will develop a custom scope of work and pricing proposal for the integration to be submitted to the City for separate consideration and negotiation.
Acceptance Criteria
For the Beta IDA phase to be deemed Accepted, the following criteria must be met by the responsible party:
• City of Vallejo to verify successful execution and passing of all Beta test cases. • City of Vallejo to verify that Badger Meter’s Installation Partner CUS has successfully installed all Beta test meters and ENDPOINTS along with any required meter lids. • City of Vallejo to verify that WOMS and CIS integration has been completed for all routine work order exchanges.
• City of Vallejo to verify that Badger Meter has completed all integration to upstream or third party systems, including implementation, testing, and ensuring interfaces are operational as identified in the original Scope of Work
• City of Vallejo to verify pressure (and temperature-sensing) capabilities of meters and the accurate transmittal of data to the HEADEND, as applicable if capable meters are deployed. • City of Vallejo to verify that, within 72 hours, one register read (billing read) from all Beta test meters and ENDPOINTS are populated in the HEADEND, with a target criterion of 99%. • Upon meeting all criteria outlined above, the Beta IDA Acceptance will have been met and will serve as entrance criteria to the Full Deployment phase. 470
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Full Deployment
Description
The goal of full deployment is to build out the system with the intent to provide all remaining meters in the City of Vallejo service territory with communication through the AMI network.
Upon completion of Beta IDA, the City of Vallejo intends to proceed with installation of remaining meters, and ENDPOINTS. Badger Meter will attempt to install all the remaining meters and Endpoints in the original Scope of Work from the meter listing provided during project planning, except in instances of Return To Utility (RTU) and were City of Vallejo elects to perform installation.
Acceptance Criteria
For the Full Deployment phase to be deemed Accepted, the following criteria must be met by the responsible party:
• Badger Meter’s Installation Partner CUS will provide installation WOMS data to the City of Vallejo CIS for all completed installations
• City of Vallejo to verify that, within 72 hours, one register read (billing read) from all provisioned meters and ENDPOINTS are populated in the HEADEND, with a target criterion of 99%.
Upon meeting the criteria outlined, and after receiving written acceptance from City of Vallejo, the Full System Acceptance will have been met, which will close out the Full Deployment phase. 471
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13. Meter and Endpoint Installations
• Endpoints (ORION Cellular) are required to be mounted through a composite lid in a meter pit by CUS
• Endpoints must be installed per the ORION Water Endpoint Installation Manual, which will be provided to City staff as a deliverable.
• All installation crews will be clearly identified as CUS staff including a visible picture identification.
• All installation crews will adhere to the City’s code of conduct. • Installation Schedule Availability: Installers will be available for evening and weekend installations as needed (specific hours and days for work during the pre-construction meeting can be discussed to ensure all teams agree with stated times and working conditions based on sunlight available year-round).
o Regular schedules include Monday through Friday from 7:00 a.m. until 6:00 p.m. per Vallejo Municipal Code. No holiday or night work will be permitted except under those circumstances approved by the City as constituting an emergency. o Number of crews for installations shall be proposed to the City during the preconstruction meeting by CUS and Badger Meter. • Installation Quality Control
o CUS will inspect the meter setting, piping, and valves before the installation of a meter.
o If any work is required, CUS will need to stop the installation and notify the City of the issue(s) found so that they can complete the work.
o If the installation cannot be completed, the installation manager shall contact the City’s field contact immediately to ensure that the installation can be reviewed, and the work can be completed.
o Badger Meter and CUS will only be responsible for the repair of damage caused directly by the installation. Any workmanship complaint within three feet of the meter box must be filed within one year from the installation date. • Installation Data
o The meter team in the City will need to work with CUS and Badger Meter to do their best to determine what meter sizes will be needed at what location and in what quantities overall so that orders can be placed accurately and timely. • CUS WOMS collects the following data:
o Date the order was initiated and completed
o Final read of old meter
o Old meter number
o New meter number
o Endpoint ID
o Sub-meter GPS coordinates
o Meter location code
o Meter reading code
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o Results of tamper inspection
o Follow-up installations
o Comment section
o Photos of new installation
o Pipe material (upstream and downstream)
• Meter and Endpoint Installation Schedule
o IDA installations will be completed in nine months, which includes installation and approval of the IDA Phase
o 12-month Full Production Schedule (including ramp-up and down) • Approximately 3,000 installations per month
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14. Payments & Invoicing
14.1 Contractor Invoicing – Workflow
The below workflow diagram outlines how Badger Meter requires CUS to handle invoicing for installation work performed. CUS shall invoice Badger Meter for accepted installation work only.
CUS is required to submit documentation of installation work performed including but not limited to:
• Account number of installations
• Work order ID
CUS submits install
data with work
descriptions to
Badger Meter
CUS performs
requested
installation work
Data not
approved
Data rejected
is reviewed
by CUS
CUS invoices Badger
Meter for accepted
products and services
Data is approved
Badger Meter verifies
the invoice matches
the installation
records
Invoices do
not match Invoices match
Once CUS is paid,
Badger Meter will
invoice the City for the
services
Badger Meter holds
retainage per
agreement and pays
CUS the rest of the
invoice
Badger Meter process
CUS’s invoices
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• Type of installation performed
• Type of product used
• Installation address
• Serial number of products installed
• Installation date and time
• Verification of QC check (as applicable)
Invoicing for non-installation related work will occur in the same manner with a work summary and detailed account breakdown included with CUS’s invoice. Badger Meter will reject all invoices without proper work documentation.
14.2 Invoicing Procedure
The parties shall agree on a standard billing format for the contractor to invoice the City for work performed and accepted. On a monthly basis, Badger Meter shall submit invoices to the City for work performed and accepted by the City.
Since Badger Meter is responsible for all services being rendered on behalf of the City, the City will only be invoiced for services after they are completed. All product orders will be approved by the City before being placed. Product Orders will be invoiced upon shipment throughout the project just like a normal product order outside of the project.
14.3 Internal Project Acceptance
All work will be accepted and considered complete when the written notice of substantial completion is received, payment is received from customer, and invoicing and inventory are reconciled.
14.4 External Project Acceptance
All work outlined in the contract is performed to the acceptable standards of the City, as governed by the Agreement.
Installation Invoices: Badger Meter receives installation data from CUS via email based on installation data once per month. The Badger Meter project manager and the project management office will check installation data for errors. Validated installation data will be provided to the City for approval. Badger Meter will then approve the invoices from CUS and have the Badger Meter project management office forward to the Badger Meter accounts payable department for processing. At the end of each month, the Badger Meter project manager will create a pay request. Once the pay request is approved by the City, the Badger Meter project management office will work with the Badger Meter customer care representative to generate a customer invoice that will only be generated for internal purposes. Once that internal invoice is generated, it will be reviewed and approved by the Badger Meter project manager. Badger approval must be completed prior to attaching a copy to Badger’s invoice to the City.
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15. Change Management
A change in scope can generally be defined as a requested alteration to a project that influences the cost, schedule, quality, performance, or reputation of the project. Any change not covered in the project scope can be considered a scope change.
In the event a change is needed, Badger Meter will follow the predefined change management plans outlined in the subsections below.
15.1 Internal Change Management
Potential changes in scope will be reviewed and approved by the following Badger Meter parties (as needed): PMO Manager, Project Manager, Account Manager, Bids and Contracts, CUS personnel along with the appointed personnel representing the City.
15.2 External Change Management
If a change is initiated by the City, the change order process flow chart provided below will be used.
15.3 Change Order – Workflow
The below workflow diagram outlines how Badger Meter expects to handle change orders with the City for work performed on the project. Change orders will follow the approved city process.
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16. Software Interfaces
Billing Interface: Badger Meter, the City, and the City’s billing vendor will work together to ensure that a proper billing interface is in place.
BEACON AMA: The software will provide a consumer engagement module, EyeOnWater, that includes online access and a smartphone application, which provides usage information to the water service customer.
Application Testing: During the AT phase, each individual interface will be tested to ensure agreed upon configurations and performance to the solution requirements specification.
Interface Management: The following table provides detailed responsibilities for Badger Meter for each specific step in developing, testing, and managing the interfaces. 477
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Test Phase Badger Meter Responsibilities Responsibilities of the City Application
Testing
• BEACON AMA interface
requirements/specifications
• Review and analyze requested
field data for the City’s Billing
System
• Work with the City on data
setup/questions
• BEACON AMA/the City’s Billing
System data gap analysis
• Develop BEACON AMA test
cases
• Test case execution and
validation between BEACON
AMA and the City’s Billing
System
• Verification of physical meter
and endpoints (first article
testing)
• Review
requirements/specifications
• Decisions on field data to be
collected and stored in the
City’s Billing System
• Provide production to the
City’s Billing meter and
account data
• Work with Badger Meter on
data setup/questions
Systems
Integration
Testing
• Work with the City on data
setup/questions
• Develop test cases for BEACON
AMA integrations and use cases
(e.g., meter changeout,
inactivations)
• Test case execution and
validation of BEACON AMA
integrations and use cases.
• The City’s Billing System test
environment/support
• Work with Badger Meter on
data setup/questions
User
Acceptance
Testing
• Co-develop test
cases/acceptance criteria for
BEACON AMA
• Assist with setting up data to
support test cases for BEACON
AMA
• Support test case execution and
validation for BEACON AMA
• The City’s Billing System test
environment
• Co-develop test
cases/acceptance criteria
• Assist with setting up data to
support test cases
• Execute test cases
• Validate results
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17. Training
Badger Meter prefers a “demonstrate and perform” type of training methodology. Badger Meter, along with CUS, will conduct an introductory training to ensure that everyone in the City has a solid understanding of the BEACON AMA software, services, and products. Our subject matter experts can customize training agendas to fit the needs of the City that will provide more focused training sessions for each specific group. We also encourage the City to record each training session so that it can be used in the future for reference. • All training will be conducted with the City’s BEACON AMA software and ORION Cellular endpoints.
• Initial training sessions will include verbal or written tests for each trainee and evaluations of the training. Failures in either will be discussed with the City representative and sessions will be repeated upon the request of the City representative. • Training documents and videos, when applicable, will be provided by Badger Meter for all initial training sessions and, when applicable, for follow-up training sessions. All Badger Meter product literature, manuals, and installation documentation are available online at www.badgermeter.com and www.beaconama.net for our cloud software platform. • If the group of trainees is too large for one session, that session will be repeated to accommodate the size of the group or for office coverage. This may increase the total amount of training hours, scope, and cost for the project.
• Badger Meter proposes three training phases:
o Phase 1: Endpoint installation for installation and BEACON AMA overview for billing clerks
o Phase 2: BEACON AMA in depth training
o Phase 3: BEACON AMA follow up and refresher
17.1 Training Phase I: Endpoint Installation
• Endpoint Installation: Using Badger Meter documents and recommended practices, the installers are trained in the installation of meters and ORION Cellular endpoints for various applications. Training will include demonstration of the correct way to perform the installation, followed by observation of the trainee performing the installations. Each attendee will receive hard copies of the appropriate training material.
• Based on class size, the Field Installation training may be split into two groups (24 installers per group), with the first group being trained on Day 1 and the second group being trained on Day 2. The third day of training will be performing prerequisite BEACON AMA training with the billing clerks. 479
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Sample Endpoint Installation Phase I
Day 1 (First group) & Day 2 (Second group)
Times Subject Notes Suggested Attendees Possible Other
Attendees
30 min Overview of
ORION Cellular
General explanation of
how the endpoints
function and interact
with the BEACON AMA
software
Installers, meter
readers
Managers
30 min Assets Endpoints:
• Available
• Pre-provisioned
• Provisioned
Installers, meter
readers
Managers
1 hour Installation of
meters and
endpoints (in
classroom)
• Installation
considerations
• Activation FOB
• Installation form
splicing wire
• Endpoint status
tool
Installers, meter
readers
Managers
4 hours Installation of
meters and
endpoints
At meter locations and
with trainer supervision
Installers, meter
readers
Managers
1 hour Review & quiz Installers, meter
readers
Managers
Total training: 7 hours
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Sample BEACON AMA Overview Phase I, Day 3:
Times Subject Notes Suggested
Attendees
Possible Other
Attendees
1 hour BEACON AMA
overview
General overview of BEACON
AMA software
Billing clerks BEACON AMA
admin
2 hours Billing cycle Steps of a billing cycle Billing clerks Customer service
BEACON AMA
admin
30 min Users • Staff
• Customers
• Manage EyeOnWater
Billing clerks Customer
service
BEACON AMA
admin
30 min Questions Billing clerks Customer
service
BEACON AMA
admin
Total training: 4 hours
17.2 Training Phase II: BEACON AMA Software
Software Operation: Software training is provided to different groups at different levels. The City and Badger Meter will develop a training plan that considers dates, times, number of trainees, and software features to be trained. Training documents will be provided by Badger Meter.
Billing clerk training will include all BEACON AMA subjects to complete a successful billing cycle. 481
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BEACON AMA Software Phase II, Day 1 (Billing Clerks):
Times Subject Notes Suggested
Attendees
Possible Other
Attendees
1 hour BEACON AMA
overview
General overview
of BEACON AMA
software
Billing clerks BEACON AMA
admin
3 hours Billing cycle Includes import
from:
• the City’s
Billing
System
• Billing
export to
the City’s
Billing
System
Billing clerks BEACON AMA
admin
30 min At A Glance Modules and their
features
Billing clerks BEACON AMA
admin
1 hour Monitor All sections
covered:
• Facets
• Water
usage
Graph
• Download
s
• Results/ca
rds
Billing clerks BEACON AMA
admin
30 min Assets • Endpoint
status
• Service
• Utility
settings
Billing clerks BEACON AMA
admin
1 hour Review/quiz Includes
evaluation of
trainees’
BEACON AMA
knowledge
Billing clerks BEACON AMA
admin
Total training: 7 hours
482
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BEACON AMA Software Phase II
Day 2 (Customer Service – AM and PM sessions if desired by the City):
Times Subject Notes Suggested
Attendees
Possible Other
Attendees
30 min BEACON
AMA overview
General overview of
BEACON AMA software
Customer service BEACON AMA
admin
1 hour At A Glance Modules and their
features
Customer service BEACON AMA
admin
1 hour Monitor All sections covered:
• Facets
• Water usage
Graph
• Downloads
• Results/cards
Customer service BEACON AMA
admin
30 min EyeOnWater Review of EyeOnWater
features
Customer service BEACON AMA
admin
30 min Assets Endpoint status Customer service BEACON AMA admin
30 min Review/quiz Includes evaluation of
trainees’ BEACON AMA
knowledge
Customer service BEACON AMA
admin
Total training: 4 hours
17.3 Training Phase III: BEACON AMA Software
If needed, this phase will be used to train new BEACON AMA users, or it may be used for any additional training requested by the City.
Approximately after a minimum of three to six months of using the BEACON AMA system, a three-day training will be coordinated between the City and the Badger Meter project manager.
At that time, the City will provide a list of questions or list of items requiring further training. If there are additional BEACON AMA users requiring training, this session can be used for that.
Training documents, when applicable, will be provided by Badger Meter. 483
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18. Project Closeout
18.1 Project Completion
• In pursuit of closing out the project, the Badger Meter and CUS teams will follow these procedures:
o Review all project deliverables and validate that the deliverables have been completed per the defined acceptance criteria (this will occur throughout the project).
o Obtain substantial route completion signoff from the City throughout the project per the defined acceptance criteria (this will occur throughout the project). o After the review of the list of accounts previously defined as RTU and upon mutual agreement, such accounts shall be removed from scope for the City to manage or rescheduled for CUS to complete.
o Review any pending action items and agree on the resolution (this will occur throughout the project).
o Review inventory status and disposition and discuss/resolve discrepancies (this will occur throughout the project).
o Review financial status/budget, discuss/resolve discrepancies (this will occur throughout the project).
o CUS to deliver all data and pictures obtained throughout the project to the City and Badger Meter.
o CUS to deliver closeout/project book to Badger Meter and the City, which may include scope summary, technical documentation, and billing procedures, and provide account/route signoff summary and distribute list of key contacts. • Should the City disagree on the completion criteria of any item, the following resolution methods are suggested:
o A list of items of unacceptable work will need to be provided by the City to Badger Meter and CUS along with scheduling a meeting to review and discuss a proper solution and project closeout
o Escalation path through CUS, Badger Meter, and the City for detailed discussion, contract review, and mutually agreeable resolution.
18.2 Project Closeout Activities
• During the installation project, as batches of accounts are installed, the City will be asked to review, in writing, and provide signoff per route.
• Once all the routes have been substantially completed and signed off, a closeout meeting will be scheduled for all parties.
• Closeout Meeting Agenda:
o Review project scope
o Review final project deliverables and route completion o Review project metrics and overall project status
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o Review RTU list
o Review any pending action items
o Review inventory status and disposition
o Discuss project documentation
o Conduct project lessons learned session
o Obtain formal acceptance of project completion
• Project Closeout Criteria:
o All meter change outs processed in the PeakWorkflow system o All routes substantially complete meaning that CUS will make a valid attempt to install a meter at each target account within the project timeframe and will not be penalized for Return To Utility accounts that cannot be completed by CUS and have been remanded back to the City for remediation and installation. o Meter data available in BEACON AMA
o All inventory reconciled and dispersed
o No pending action items
o No outstanding assist/RTU accounts
o Training of the City staff is completed
o Installation pictures delivered to the City
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19. Installation Services Statement of Work
19.1 Outside Meter Installation
Installation of outside set small and intermediate water meters sized 5/8 inch to 1 inch. This scope of work will also align to procedures set forth in Attachment H – Installation Requirements, initially included as part of the original RFP. Statement of Work • Small meters (up to and including 1 inch)
o Utilize an electronic WOMS for work order assignment and data collection. o Validate that the meter serial number and address match the WOMS data. o Remove the old meter and gaskets and replace with a new meter, gaskets, and endpoint device.
o Take the following pictures and store in the WOMS:
Old meter serial number
Old meter final read
New meter installation
Post-installation area
o Activate the endpoint.
o Digitally record old meter and new meter/endpoint information.
19.1.1 Deliverables
• Provide electronic change out data to the City.
19.1.2 Assumptions
• All timelines provided herein will be updated upon a NTP from the City. • All meters being replaced are like for like (same size, lay length, etc.). Like-for-like meter exchanges shall include interchangeability of 3/4" and 5/8” meter sizes, as the City anticipates changing all 5/8” services with 3/4” meters. • CUS can accept a 90 percent route saturation/completion before being provided additional routes, provided all route releases will be at a minimum 5,000 accounts per release to ensure a steady installation pace to meet the schedule requirements. • On-site meter inventory to be provided by the City with buffer of six weeks or more. • Additional installation items will be made available by the City. Badger will provide meters, endpoints, etc. Badger will maintain a minimum of a four to six-week supply of meter inventory, based on the planned installation schedule, always. • Lids are available at the time of meter installation. • The City is prepared to provide required support to resolve meter assist/RTU/escalation requests within ten business days of notification. When the City cannot resolve within this period, CUS may return the meter to the City (RTU) and remove it from CUS’s scope. At the City’s discretion/request and before CUS demobilization, CUS can complete the installation at the standard miscellaneous hourly rate. • Any unique customer accounts requiring special handling shall be explicitly identified by the City.
• Recommended pictures are noted above; however, CUS can take additional photos if required.
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• CUS will not be responsible for any community outreach programs or program materials other than leaving a door hanger, post installation.
• CUS will be responsible for returning the worksite to its original condition after installation occurs. The City to provide the full database of all metered accounts in target for upgrade prior to project commencement and on a mutually agreed upon frequency by all parties, the City will provide the CUS team with updated data to their database to utilize in support of the project.
• All data sent from the City will be accurate and without duplicate data (addresses, meter numbers, radios, accounts, etc.).
• CUS to be responsible for any troubleshooting of an installation site until the issue is identified and resolved. If the issue found is not the fault of CUS, CUS shall be compensated for T&M by the City.
• The Utility will provide CUS safe access, including keys and gate codes (gated communities) to all locations.
• Work will not be performed at locations where it is reasonable that damage may occur to the customer’s property.
• Paving or Hard/Solid Surfaces: Excludes removal and replacement of paving or other hard or solid surface locations (concrete, asphalt, pavers etc.).
CUS will repair to a usable and safe condition any at-fault water line break caused by a CUS Employee, up to 36” from either side of the meter connection. if reasonably attributed to negligence during in the installation process; excluding existing faults, such as deteriorated pipe or fittings, substandard materials, existing substandard workmanship, or geotechnical conditions which may cause failure or fault.
• CUS will not be responsible for maintaining, repairing, or replacing existing customer side setters, backflow preventers, irrigation valves, pressure regulators, unions, ball valves, or customer side valves, unless noted otherwise. Should CUS observe an issue with customer service they shall notify the City’s Water Distribution department. • At-fault breaks are covered under the general provisions. • It is assumed that small and intermediate sized meters will not be in confined spaces, vaults, or manholes.
• Nightwork is included with intermediate and large scheduled accounts. When night work is required, a representative familiar with the system will be on call for assistance locating valves, isolating services, or emergency services.
• CUS will not be responsible for palatalizing, labeling, or packaging old meters and endpoints. All meters and materials removed from service will be returned to the City for proper disposal at designated scrap bins provided. Every 20th random meter will be put into a separate bin for testing by the City.
• The city will assist with unsafe meter installations or other unusual installation circumstances (i.e., boats, ferries, ATVs, etc.).
• The city will provide staff with access to areas requiring special access. • CUS will only be responsible for the repair of damage caused directly by CUS services. 487
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19.2 Professional Services
19.2.1 Statement of Work
• Warehouse space and project office space to be provided by the City to the extent necessary to fulfill immediate storage and installation staging needs. • CUS will provide and place all post installation door hangers for meter installation services.
• Includes CUS inventory management services.
19.2.2 Context
• All pre-installation customer notification letters and mailings will be delivered by the City.
19.3 Electronic Mass Meter Change Out (MMCO) Interface
Electronic MMCO Interface pricing is included in all installation and retrofit applications.
19.3.1 Statement of Work
• Obtain the City’s Billing System meter and account data. • Perform data gap analysis to identify missing and/or improperly formatted data. • Load the City’s Billing System data into Peak Workflow, CUS’s WOMS. • Load new meter and endpoint inventory data into Peak Workflow. • Perform data QA/QC validity audits on meter exchange data collected. • Perform network validation QA/QC on installed meters/endpoints. • Troubleshoot and correct data exceptions.
19.3.2 Deliverables
• Generate MMCO files with validated installation data and properly formatted to the required specification.
• Transmit the MMCO files periodically to the City for processing in the City’s Billing System.
19.3.3 Context
• The City will provide Billing System Software meter and account data electronically (csv or Excel format preferred) for all active and inactive meters. • The City will provide authorization to the Billing System Software vendor to enable CUS to work with Billing System to establish and test a mass meter change out interface. • City will pay for all Billing System Software vendor fees if required to set up and test a mass meter change out interface in the City’s production (and test if available) environment.
• All Billing System Software, MMCO, and billing read integrations will be completed before the planned installation start date.
• The City will participate in final testing and acceptance of the mass meter change out interface.
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19.4 Inventory Management
19.4.1 Statement of Work
• Utilize a defined process to track and manage meter inventory throughout the project and will include the following:
• City will provide corporate yard space
• Receiving will be by the City
o Receive, count, and quarantine as necessary all delivered meter materials o Record inventory serial numbers in Peak Workflow (when it arrives at the Corporate Yard warehouse)
o Verify and reconcile all products received against the packing list or bill of lading • Daily Issue
o Issue meter stock daily to field installation technicians o Issue all meters and ancillary items from the secure storage facility to the field technician by CUS’s project manager
o Track inventory that is transferred to the client
• Nightly Reconciliation
o Perform a daily physical count by each field technician and validate counts against the daily production report
o Confirm accuracy of the daily physical count by CUS’s project manager • Warehouse Reconciliation
o Perform a weekly physical count and reconciliation of warehouse meter stock by the CUS’s project manager
• Warranty Process
o Collaborate with the client to determine an agreeable process for warranty returns back to the AMI vendor throughout the installation project • Inventory Forecasts
o Installation/inventory forecast, and meter delivery schedules are based upon the projected quantity of installers and installation rates. CUS recommends a six- to eight-week supply of inventory to be retained in the warehouse. CUS will make a forecast and purchase plan available to the City upon request.
19.4.2 Assumptions
• Any trash disposal, dewatering, cardboard, or electronic component recycling to be provided by the City.
• Scrap metal recycling to be provided by CUS under supervision of Badger Meter. 489
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Attachment A
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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OTHER:
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$
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BODILY INJURY (Per accident)
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COMBINED SINGLE LIMIT
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Y / N
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CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
4,000,000
1,000,000
1200 North Mayfair Road, Suite 100
D
USA
X
X
1,000,000
ACCIDENT FUND INS CO OF AMER
CONTINENTAL INS CO
TRAVELERS PROP CAS CO OF AMER
PHOENIX INS CO
X 6076540927
Milwaukee, WI 53226
1,000,000
Milwaukee, WI 53223
10,000
300,000
C
Badger Meter, Inc.
X
10166
35289
Vallejo, CA 94589
25674
25623
A X 01/01/24
X
X
certificate holder is included on the workers' compensation policy. 1,000,000
contract. Additional insured status is included on the Auto Liability policy. A waiver of subrogation in favor of the completed operations of the Contractor, and premises, owned, occupied or used by the Contractor when required by written 1,000,000
Liability with respect to liability arising out of activities performed by or on behalf of the Contractor, products and The City of Vallejo, its officers, officials, employees and volunteers are included as additional insured on the General Re: City of Vallejo No. 21-1003
2,000,000
X
5,000,000
B
01/01/24
202 Fleming Hill Road
1-414-443-0000
X
02/03/2023
4545 West Brown Deer Road
X
Y660 268J2023
01/01/23
X
10,000
01/01/24
01/01/24
810 2L694073
UH WCP 100074452 01
5,000,000
Brown & Brown Inc.
diannewandel
67777598
67777598
01/01/23
01/01/23
X
1,000,000
City of Vallejo Water Department
01/01/23
X
422
DocuSign Envelope ID: C156E555-6922-4C23-8568-53758AE3C8A0
423
DocuSign Envelope ID: C156E555-6922-4C23-8568-53758AE3C8A0
424
DocuSign Envelope ID: C156E555-6922-4C23-8568-53758AE3C8A0
425
DocuSign Envelope ID: C156E555-6922-4C23-8568-53758AE3C8A0
426
DocuSign Envelope ID: C156E555-6922-4C23-8568-53758AE3C8A0
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT−CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be $ See Below Schedule
Person or Organization Job Description
Any person or organization for which the employer
has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for
purposes of work performed by the employer in
Missouri, this waiver of subrogation does not apply to
any construction group of classifications as
designated by the waiver of right to recover from
others (subrogation) rule in our manual.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 1/1/2023 Policy No. UH WCP 100074452 01 Endorsement No.
Insured: Badger Meter, Inc.
Insurance Company: Accident Fund Insurance Company of America Countersigned by _____________________________ WC 99 03 13 C
(Ed. 7-09)
427
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CONSENT CALENDAR 8.I.
DATE: November 18, 2025
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE
EQUIPMENT PURCHASE AGREEMENT WITH AQUA-METRIC FOR WATER METER BOX LIDS, INCREASING THE NOT-TO-EXCEED AMOUNT BY $77,605 TO A NEW TOTAL NOT-TO-EXCEED AMOUNT OF $1,532,461 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME.
RECOMMENDATION
Adopt a resolution of the City Council of the City of Vallejo approving the Second Amendment to the Equipment Purchase Agreement with Aqua-Metric, increasing the not-to-exceed amount by $77,605 to a new total of $1,532,461 and authorizing the City Manager to execute the same.
REASONS FOR RECOMMENDATION
Advanced Metering Infrastructure (AMI) is the standard for water metering nationwide. In Vallejo, the AMI project is designed to deliver 15-minute interval data from meters through secure cellular communication, improving billing accuracy, enabling early leak detection, and providing customer engagement tools that support water conservation and consumption transparency.
When the original lid order was developed, preliminary inventory estimates were used. As full-scale field installation progressed under the Badger Meter contract, more precise data was collected regarding existing meter box configurations. This field verification revealed a higher occurrence of B-16 meter box sizes than originally anticipated.
This amendment allows the City to adjust the lid mix accordingly to ensure compatibility, maintain uninterrupted installation progress, prevent endpoint signal interference, and preserve the expected 20-year battery life of AMI endpoints.
BACKGROUND AND DISCUSSION
The AMI Project is a major capital investment funded through the City’s Series 2021 Water Revenue Bonds and a U.S. Bureau of Reclamation grant. On July 23, 2024, City Council approved the original Equipment Purchase Agreement with Aqua-Metric Sales Company to supply non-metal, polymer meter box lids. These lids are necessary because Vallejo’s existing concrete and steel lids block the AMI endpoint’s cellular signal, reducing transmission rates and battery life by up to 50%.
Following the Council’s approval of Change Order Nos. 1–3 for the Badger Meter contract, the installation contractor has identified field-verified variations in meter box configurations, requiring changes to the planned lid sizes and quantities. This proposed amendment increases the purchase quantity of B-16 lids by 1,000 to match these field conditions and ensures the City receives the appropriate materials for successful systemPage 780 of 1379 Date: November 18, 2025
Subject: ADOPT A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE
EQUIPMENT PURCHASE AGREEMENT WITH AQUA-METRIC FOR WATER METER BOX LIDS, INCREASING THE NOT-TO-EXCEED AMOUNT BY $77,605 TO A NEW TOTAL NOT-TO-EXCEED AMOUNT OF $1,532,461 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME.
wide AMI deployment.
The Second Amendment increases the order of Size B-16 lids by 1,000 units to accommodate verified field needs (line item 5 below increases from 3,000 to 4,000). This ensures that the lid stock on-hand remains aligned with ongoing Badger installations and prevents delays related to unforeseen lid shortages. The adjusted order supports efficient system-wide deployment and maintains AMI operational performance standards.
The revised lid distribution and associated costs are shown below and have been incorporated into the Agreement through Amendment No. 2.
Item
No.
Description
of Item
QTY UNIT PRICE EXTENDED
PRICE
1 Oval Lids 3,900 $ 35.2
3 $
137,397
2 Traffic
Rated Oval
Lids
1,100 $ 35.2
3 $
38,753
3 Traffic
Rated B-9X
500 $ 35.8
0 $
17,900
4 Size B-36 1,800 $ 120.8
0 $
217,440
5 Size B-16 4,000 $ 47.7
8 $
191,120
6 Size B-9X 30,000 $ 26.6
7 $
800,100
40,300 COST
SUBTOTAL:
$
1,402,710
TAX: $ 1
29,751
GRAND
TOTAL:
$
1,532,461
FISCAL IMPACT
The cost of AMI implementation is funded by the City of Vallejo Series 2021 Tax Exempt Water Revenue Bonds as well as a $2 million grant from the United States Bureau of Reclamation (USBR). There is no impact on the General Fund.
ENVIRONMENTAL REVIEW
Date: November 18, 2025
Subject: ADOPT A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE
EQUIPMENT PURCHASE AGREEMENT WITH AQUA-METRIC FOR WATER METER BOX LIDS, INCREASING THE NOT-TO-EXCEED AMOUNT BY $77,605 TO A NEW TOTAL NOT-TO-EXCEED AMOUNT OF $1,532,461 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME.
This action is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, pursuant to CEQA Guideline section 15061(b)(3) (the “common sense” exemption).
ATTACHMENTS
1. Aqua-Metric - Second Amendment to 25WD045 - Reso CAO STAMP
2. Aqua-Metric - Second Amendment to 25WD045 CAO STAMP
3. 25WD045 AQUA-METRIC SALES COMPANY First Amendment_Fully Executed
4. 25WD045 AQUA-METRIC SALES COMPANY Equipment Purchase Agreement_Fully Executed
CONTACT
Beth Schoenberger, Water Director (707) 648-5439
[email protected]
Approved as to form:
By: for
RESOLUTION NO. 26-________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE SECOND AMENDMENT TO THE EQUIPMENT PURCHASE AGREEMENT WITH AQUAMETRIC SALES COMPANY FOR WATER METER BOX LIDS, INCREASING THE NOT-TOEXCEED AMOUNT BY $77,604.58 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME.
WHEREAS, on July 23, 2024, the Vallejo City Council approved the Original Equipment Purchase Agreement with Aqua-Metric to supply non-metal, polymer meter box lids; and WHEREAS, these lids are necessary because Vallejo’s existing concrete and stell lids block the AMI endpoint’s cellular signal, reducing transmission rates and battery life by up to 50%; and WHEREAS, the installation contractor has identified field-verified variations in meter box configurations, requiring changes to the planned size B-16 lid quantities; and WHEREAS, the size B-16 lid quantities increased by 1,000 lids to a total of 4,000 lids to match the identified field conditions to ensure the City receives the appropriate materials for successful system-wide AMI deployment;
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the Second Amendment to the Equipment Purchase Agreement with Aqua-Metric Sales Company to increase the not-to-exceed amount by $77,604.58 to a total of $1,532,460.68, which includes sales tax, and authorize the City Manager of the Vallejo City Council to execute the same.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on November 18, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ANDREA SORCE, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Second Amendment to Agreement Between City of Vallejo and Aqua-Metric (25WD045) Page 1 of 3 Approved as to form:
By: for
SECOND AMENDMENT TO
EQUIPMENT PURCHASE AGREEMENT 25WD045
BETWEEN CITY OF VALLEJO
AND
AQUA-METRIC SALES COMPANY
This Second Amendment (the “Second Amendment”) to Equipment Purchase Agreement 25WD045 (“Agreement”) made and entered into on July 24th 2024, between Aqua-Metric Sales Company, a California Corporation (“Vendor”), and the City of Vallejo, a municipal corporation (“City”), is made and entered into on this 18th day of November 2025.
Vendor and City do mutually agree as follows:
1. Amendment to Exhibit A, Equipment. The table set forth in paragraph 2 of Exhibit A to the Agreement is replaced in its entirety with the following table:
Item
No.
Description of
Item QTY UNIT PRICE EXTENDED PRICE
1 Oval Lids 3,900 $
35.23 $
137,397.00
2 Traffic Rated Oval
Lids 1,100 $ 35.23
$
38,753.00
3 Traffic Rated B-9X 500 $
35.80 $
17,900.00
4 Size B-36 1,800 $
120.80
$
217,440.00
5 Size B-16 4,000 $
47.78 $
191,120.00
6 Size B-9X 30,00
0 $
26.67 $
800,100.00
40,30
0 COST SUBTOTAL: $
1,402,710.00
TAX: $
129,750.68
GRAND TOTAL: $
1,532,460.68
2. Amendment to Exhibit B, Compensation. Section 1 of Exhibit B to the Agreement
Second Amendment to Agreement Between City of Vallejo and Aqua-Metric (25WD045) Page 2 of 3 shall be modified to read:
1. Vendor’s Compensation. City agrees to pay Vendor, at the price(s) specified below for those products set forth in Exhibit A of this Agreement for a total not-to-exceed amount of One Million Five Hundred Thirty-Two Thousand Four Hundred Fifty Dollars and SixtyEight Cents ($1,532,460.68). All prices shall be FOB Destination.
3. Integration. This Amendment contains the entire Agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Amendment. This Amendment shall not be amended or modified except by a written agreement executed by each of the parties.
Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Vendor shall perform all duties, obligations and conditions required under the Agreement.
4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall control in all respects.
5. Ambiguities. The parties have each carefully reviewed this Amendment and have agreed to each term of this Amendment. No ambiguity shall be presumed to be construed against either party.
6. Counterparts. This Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
7. Authority. The person signing this Amendment for Vendor hereby represents and warrants that he or she is fully authorized to sign this Amendment on behalf of Vendor. (SIGNATURES ARE ON THE FOLLOWING PAGE)
Second Amendment to Agreement Between City of Vallejo and Aqua-Metric (25WD045) Page 3 of 3 IN WITNESS WHEREOF, the parties have entered into this Amendment on the day and year first hereinabove appearing.
AQUA-METRIC SALES COMPANY
A California Corporation
BY:
Christopher Newville
Manager
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Andrew J. Murray
City Manager
DATE:
ATTEST:
BY:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
BY:
Beth Schoenberger
Water Director
APPROVED AS TO FORM:
BY: For:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
BY:
Armond Sarkis
Risk Manager
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Contract and Routing Form
Contract Number::'
Date Originated:
Finance Department · 555 Santa Clara Street · Vallejo · CA · 94590 · 707.648.4592 Department::DWHU'HSDUWPHQW(QJLQHHULQJ
Staff Contact: -RKQ0DQULTXHMRKQPDQULTXH#FLW\RIYDOOHMRQHW Contract Type: $PHQGPHQW
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First Amendment to Agreement Between City of Vallejo and Aqua-Metric (25WD045) Page 1 of 3 Approved as to form:
By: for
Veronica Nebb, City Attorney
FIRST AMENDMENT TO
EQUIPMENT PURCHASE AGREEMENT 25WD045
BETWEEN CITY OF VALLEJO
AND
AQUA-METRIC SALES COMPANY
This First Amendment (the “First Amendment”) to Equipment Purchase Agreement 25WD045 (“Agreement”) made and entered into on July 24th 2024, between Aqua-Metric Sales Company, a California Corporation (“Vendor”), and the City of Vallejo, a municipal corporation (“City”), is made and entered into on this 17th day of December, 2024.
Vendor and City do mutually agree as follows:
1. Amendment to Exhibit A, Equipment. The table set forth in paragraph 2 of Exhibit A to the Agreement is replaced in its entirety with the following table:
Item No. Description of Item QTY UNIT PRICE EXTENDED PRICE 1 Oval Lids 3,900 $ 35.23 $ 137,397.00
2 Traffic Rated Oval Lids 1,100 $ 35.23 $ 38,753.00
3 Traffic Rated B-9X 500 $ 35.80 $ 17,900.00
4 Size B-36 1,800 $ 120.80 $ 217,440.00
5 Size B-16 3,000 $ 47.78 $ 143,340.00
6 Size B-9X 30,000 $ 26.67 $ 800,100.00
40,300 COST SUBTOTAL: $ 1,354,930.00
TAX: $ 99,926.10
GRAND TOTAL: $ 1,454,856.10
2. Amendment to Exhibit B, Compensation. Section 1 of Exhibit B to the Agreement shall be modified to read:
1. Vendor’s Compensation. City agrees to pay Vendor, at the price(s) specified below for those products set forth in Exhibit A of this Agreement for a total not-to-exceed amount of One Million Four Hundred Fifty-Four Thousand Eight Hundred Fifty-Six Dollars and Ten Cents ($1,454,856.10). All prices shall be FOB Destination. 'RFXVLJQ(QYHORSH,'
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First Amendment to Agreement Between City of Vallejo and Aqua-Metric (25WD045) Page 2 of 3
3. Integration. This Amendment contains the entire Agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Amendment. This Amendment shall not be amended or modified except by a written agreement executed by each of the parties.
Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Vendor shall perform all duties, obligations and conditions required under the Agreement.
4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall control in all respects.
5. Ambiguities. The parties have each carefully reviewed this Amendment and have agreed to each term of this Amendment. No ambiguity shall be presumed to be construed against either party.
6. Counterparts. This Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
7. Authority. The person signing this Amendment for Vendor hereby represents and warrants that he or she is fully authorized to sign this Amendment on behalf of Vendor. (SIGNATURES ARE ON THE FOLLOWING PAGE)
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From: Armond Sarkis
To: Mike Bortoletto; Fernando Jimenez; Jeff Randolph
Cc: Melissa Cansdale; Oni Brown; Janae Chadwick
Subject: RE: City of Vallejo - Meter Box Lids Bid
Date: Wednesday, August 21, 2024 12:27:19 PM
Attachments: image019.png
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Hi Mike,
Thanks for the details.
We are good to go as far as insurance is concerned.
Hi Fernando,
Could you please have someone in your team PDF this email chain and add to DocuSign? Regards,
Armond Sarkis, CPCU, ARM
Risk Manager & Safety Officer
City of Vallejo | Risk Management
555 Santa Clara St. | Vallejo, CA 94590
(707) 648-4143 office| [email protected]
(310) 663-3410 mobile
From: Mike Bortoletto <[email protected]> Sent: Wednesday, August 21, 2024 11:30 AM
To: Armond Sarkis <[email protected]>; Fernando Jimenez <[email protected]>; Jeff Randolph <[email protected]> Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Janae Chadwick <[email protected]> Subject: RE: City of Vallejo - Meter Box Lids Bid
8QGHUVWRRG\HVWRDOOFRQGLWLRQV:HDUHMXVWGURSVKLSSLQJOLGVRQDFRPPRQIUHLJKWFDUULHU1RDFFHVVWRDQ\FLW\ORFDWLRQVDQG&RQFRUGZLOOEHLQVWDOOLQJWKHOLGV0LNH0LNH%RUWROHWWR ±&HOO0LNH%RUWROHWWR#$TXD0HWULFFRP =M4FP45<)SISW%DQQHU6WDUW
=M4FP45<)SISW%DQQHU(QG
Understood, yes to all conditions 1-3. We are just drop shipping lids on a common freight carrier. No access to any city locations and Concord will be installing the lids.
Mike
Mike Bortoletto
916.824.4552 – Cell
[email protected]
From: Armond Sarkis <[email protected]>
Sent: Wednesday, August 21, 2024 10:51 AM
To: Fernando Jimenez <[email protected]>; Mike Bortoletto <[email protected]>; Jeff Randolph <[email protected]> Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Janae Chadwick <[email protected]> Subject: RE: City of Vallejo - Meter Box Lids Bid
Hi Mike,
Fernando and I reviewed the submitted COI, and we are finding that it’s missing the following required endorsement:
Waiver of Subrogation Rights Endorsement in favor of the City of Vallejo under their workers' compensation insurance. The endorsement should reflect the current workers' compensation policy number.
We can waive this requirement if all of the following conditions are met:
1. The vendor/contractor will never access the City's owned or controlled buildings, properties, or facilities, under any circumstances.
2. There is no need for installation or any other physical work to be carried out by the employees of the vendor/contractor.
3. All goods purchased from the vendor will be delivered using common or commercial carriers, such as UPS or FedEx. In other words, the vendor or its employees will not be responsible for delivering goods to our locations.
Thanks,
Armond Sarkis, CPCU, ARM
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Risk Manager & Safety Officer
City of Vallejo | Risk Management
555 Santa Clara St. | Vallejo, CA 94590
(707) 648-4143 office| [email protected]
(310) 663-3410 mobile
From: Fernando Jimenez <[email protected]> Sent: Tuesday, August 20, 2024 4:37 PM
To: Mike Bortoletto <[email protected]>; Armond Sarkis <[email protected]>; Jeff Randolph <[email protected]> Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Janae Chadwick <[email protected]> Subject: RE: City of Vallejo - Meter Box Lids Bid
I understand Mike,
The last email I saw with John/you/those on this thread was the COI was sent to our Risk Department for review. After combing through emails and looking at your vendor folder within our system, I see nothing that shows the COI with an expiration date of 7/1/2025 was approved by our Risk Department or not. As I do not know if it was approved or not, I need them to let me know if it is acceptable or not based on the insurance requirements that went out during the bid process. I am hopeful they can clear this up and we can begin the contract routing process, thank you and talk soon! Fernando Jimenez
Administrative Analyst II
City of Vallejo | Water Department
707-648-4578 (office)
707-334-8904 (cell)
[email protected]
From: Mike Bortoletto <[email protected]> Sent: Tuesday, August 20, 2024 4:29 PM
To: Fernando Jimenez <[email protected]>; Armond Sarkis <[email protected]>; Jeff Randolph <[email protected]> Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Janae Chadwick <[email protected]> Subject: RE: City of Vallejo - Meter Box Lids Bid
,DPORVWDQGQHHGKHOSXQGHUVWDQGLQJDOOWKLV7KLVSDVVHGFRXQFLOPLQXWHVDQGZHUHFHLYHGD'RFX6LJQIRUWKHSURMHFWDQGVHQWLWEDFNRQWKH%XWLWLVVWLOOQHHGVPRUHLQVXUDQFHUHYLHZ"0LNH0LNH%RUWROHWWR ±&HOO0LNH%RUWROHWWR#$TXD0HWULFFRP I am lost and need help understanding all this. This passed council minutes and we received a DocuSign for the project and sent it back on the 8/13/24. But it is still needs more insurance review? Mike
Mike Bortoletto
916.824.4552 – Cell
[email protected]
From: Fernando Jimenez <[email protected]> Sent: Tuesday, August 20, 2024 4:13 PM
To: Mike Bortoletto <[email protected]>; Armond Sarkis <[email protected]>; Jeff Randolph <[email protected]> Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Janae Chadwick <[email protected]> Subject: RE: City of Vallejo - Meter Box Lids Bid
Good afternoon Mike,
Based on what I have seen so far on the COI, I note there are no endorsements in favor of the City or any subrogation, @Armond Sarkis if you can take a look when you have a moment at this please? Thank you!
Fernando Jimenez
Administrative Analyst II
City of Vallejo | Water Department
707-648-4578 (office)
707-334-8904 (cell)
[email protected]
From: Mike Bortoletto <[email protected]> Sent: Tuesday, August 20, 2024 3:57 PM
To: Fernando Jimenez <[email protected]>; Armond Sarkis <[email protected]>; Jeff Randolph <[email protected]> Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Janae Chadwick <[email protected]> Subject: RE: City of Vallejo - Meter Box Lids Bid
:DQWHGWRFKHFNLQRQWKHQH[WVWHSV"7KH'RFX6LJQZDVVHQWEDFNRQWKHWKZLOOD32EHLVVXHGRUSURMHFWQXPEHU"7KDQNVIRUWKHKHOS5HJDUGV0LNH0LNH%RUWROHWWR ±&HOO0LNH%RUWROHWWR#$TXD0HWULFFRP)URP )HUQDQGR-LPHQH]
Wanted to check in on the next steps? The DocuSign was sent back on the 13th, will a PO be issued or project number? 'RFXVLJQ(QYHORSH,'
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Thanks for the help.
Regards,
Mike
Mike Bortoletto
916.824.4552 – Cell
[email protected]
From: Fernando Jimenez <[email protected]> Sent: Monday, July 29, 2024 3:38 PM
To: Mike Bortoletto <[email protected]>; Armond Sarkis <[email protected]>; Jeff Randolph <[email protected]> Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Janae Chadwick <[email protected]> Subject: RE: City of Vallejo - Meter Box Lids Bid
Thank you sir,
I am updating the draft agreement and will wait to hear back from our Risk Department concerning the certificate of insurance. From there, I will reach out concerning next steps as we work toward getting a fully executed contract and PO. Thank you and talk soon! Fernando Jimenez
Administrative Analyst II
City of Vallejo | Water Department
707-648-4578 (office)
707-334-8904 (cell)
[email protected]
From: Mike Bortoletto <[email protected]> Sent: Monday, July 29, 2024 2:39 PM
To: Fernando Jimenez <[email protected]>; Armond Sarkis <[email protected]>; Jeff Randolph <[email protected]> Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Janae Chadwick <[email protected]> Subject: RE: City of Vallejo - Meter Box Lids Bid
$FWXDOO\WKLVLVQRWFRUUHFWDQGWKHODVWHPDLOVKRXOGKDYHEHHQZLWK&KLUV1HZYLOOHDVWKHVLJQHU$XWKRUL]HG5HSUHVHQWDWLYH3HUVRQZKRZLOOVLJQWKHDJUHHPHQW&KULVWRSKHU1HZYLOOH7KHLUWLWOHZLWKLQWKHFRPSDQ\0DQDJHU7KHLU(PDLO$GGUHVV Actually this is not correct and the last email should have been with Chirs Newville as the signer.
Authorized Representative
Person who will sign the agreement Christopher Newville Their title within the company Manager
Their E-mail Address [email protected]]
Regards,
Mike
Mike Bortoletto
916.824.4552 – Cell
[email protected]
From: Fernando Jimenez <[email protected]> Sent: Monday, July 29, 2024 1:32 PM
To: Mike Bortoletto <[email protected]>; Armond Sarkis <[email protected]>; Jeff Randolph <[email protected]> Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Janae Chadwick <[email protected]> Subject: RE: City of Vallejo - Meter Box Lids Bid
Good afternoon Mike,
@John Manrique is out of office at the moment but I am looking to help with the work he was tasked to do, that said, I am needing to read the email chain and get up to speed to determine where everything is at so I can help move things along. Looking at your company’s folder in our system, it seems as though we have all the documentation needed for an agreement to be routed however, I need to determine if your COI was approved by our Risk Management. Could you please confirm if @Jeff Randolph is the authorized signer?
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Apologies for needing to retell what may be already understood information, but I will do what is needed to get this completed. Thank you for your patience and understanding, we will talk soon!
Fernando Jimenez
Administrative Analyst II
City of Vallejo | Water Department
707-648-4578 (office)
707-334-8904 (cell)
[email protected]
From: Mike Bortoletto <[email protected]> Sent: Monday, July 29, 2024 8:36 AM
To: John Manrique <[email protected]>
Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Fernando Jimenez <[email protected]>; Jeff Randolph <[email protected]>
Subject: RE: City of Vallejo - Meter Box Lids Bid
:DQWHGWRFKHFNLQDQGVHHLIZHZLOOJHWD32VRRQ"7KDQNV0LNH0LNH%RUWROHWWR ±&HOO0LNH%RUWROHWWR#$TXD0HWULFFRP)URP -RKQ0DQULTXH -RKQ0DQULTXH#FLW\RIYDOOHMRQHW!6HQW 7XHVGD\-XO\
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Wanted to check in and see if we will get a PO soon?
Thanks,
Mike
Mike Bortoletto
916.824.4552 – Cell
[email protected]
From: John Manrique <[email protected]>
Sent: Tuesday, July 9, 2024 9:42 AM
To: Mike Bortoletto <[email protected]>
Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Fernando Jimenez <[email protected]>; Jeff Randolph <[email protected]>
Subject: RE: City of Vallejo - Meter Box Lids Bid
Received. Thanks Mike! Appreciate you responding on your day off last week. Hope you had a great 4th of July! Best,
John
John Manrique
Administrative Manager
City of Vallejo | Water Department
707-648-4090 (office)
707-246-2626 (cell)
[email protected]
From: Mike Bortoletto <[email protected]> Sent: Monday, July 8, 2024 12:05 PM
To: John Manrique <[email protected]>
Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Fernando Jimenez <[email protected]>; Jeff Randolph <[email protected]>
Subject: RE: City of Vallejo - Meter Box Lids Bid
˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩ Please see attached.
Mike
Mike Bortoletto
916.824.4552 – Cell
[email protected]
From: John Manrique <[email protected]>
Sent: Friday, July 5, 2024 11:20 AM
To: Mike Bortoletto <[email protected]>
Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Fernando Jimenez <[email protected]>; Jeff Randolph <[email protected]>
Subject: RE: City of Vallejo - Meter Box Lids Bid
Hello Again,
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Apologies for the multiple emails. Could you please confirm the following:
Authorized Representative
Person who will sign the agreement
Their title within the company
Their E-mail Address
Delivery
Does Aqua-Metric deliver goods with their own trucks or do you use a common carrier like FedEx? Can I assume that shipping charges are included in the unit pricing? Appreciate your help! Please let me know if you have any questions. Have a great weekend! Best,
John
John Manrique
Administrative Manager
City of Vallejo | Water Department
707-648-4090 (office)
707-246-2626 (cell)
[email protected]
From: John Manrique
Sent: Friday, July 5, 2024 8:51 AM
To: Mike Bortoletto <[email protected]>
Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Fernando Jimenez <[email protected]>; Jeff Randolph <[email protected]>
Subject: RE: City of Vallejo - Meter Box Lids Bid
Morning Mike,
I hope you had a great 4th of July! I’m reaching out as I need an updated COI. The one provided expired on July 1st 2024. Please let me know if you have any questions.
Thank you!
Best,
John
John Manrique
Administrative Manager
City of Vallejo | Water Department
707-648-4090 (office)
707-246-2626 (cell)
[email protected]
From: Mike Bortoletto <[email protected]> Sent: Wednesday, June 26, 2024 1:28 PM
To: John Manrique <[email protected]>
Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Fernando Jimenez <[email protected]>; Jeff Randolph <[email protected]>
Subject: RE: City of Vallejo - Meter Box Lids Bid
7KDQNVIRUWKHXSGDWH:HZLOOZDLWWRKHDUIURP\RXLQODWH-XO\˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩˩ Thanks for the update. We will wait to hear from you in late July.
Mike
Mike Bortoletto
916.824.4552 – Cell
[email protected]
From: John Manrique <[email protected]>
Sent: Wednesday, June 26, 2024 9:55 AM
To: Mike Bortoletto <[email protected]>
Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Fernando Jimenez <[email protected]>; Jeff Randolph <[email protected]>
Subject: RE: City of Vallejo - Meter Box Lids Bid
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Hello Mike,
My deepest apologies. We’re in the middle of doing our end of year Physical Inventory in the warehouse and I’ve been completely slammed. I did reach out to our Finance manager to confirm that a screen shot of the website would suffice and we should be good. We are slated to go to our City Council on July 23 to get approval at which point I will route the contract for signatures. Please let me know if you have any questions or concerns. Thank you! Best,
John
John Manrique
Administrative Manager
City of Vallejo | Water Department
707-648-4090 (office)
707-246-2626 (cell)
[email protected]
From: Mike Bortoletto <[email protected]> Sent: Wednesday, June 26, 2024 7:28 AM
To: John Manrique <[email protected]>
Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Fernando Jimenez <[email protected]>; Jeff Randolph <[email protected]>
Subject: RE: City of Vallejo - Meter Box Lids Bid
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Have a great day.
Mike
Mike Bortoletto
916.824.4552 – Cell
[email protected]
From: Mike Bortoletto
Sent: Monday, June 17, 2024 9:39 AM
To: John Manrique <[email protected]>
Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Fernando Jimenez <[email protected]> Subject: RE: City of Vallejo - Meter Box Lids Bid
Nothing yet back from the city, this was on your site however.
Let me know what next steps should be.
Regards,
Mike
Mike Bortoletto
916.824.4552 – Cell
[email protected]
From: John Manrique <[email protected]>
Sent: Friday, June 7, 2024 10:56 AM
To: Mike Bortoletto <[email protected]>
Cc: Melissa Cansdale <[email protected]>; Oni Brown <[email protected]>; Fernando Jimenez <[email protected]> Subject: Re: City of Vallejo - Meter Box Lids Bid
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Best,
J o h n
Fr o m: Mik e B ort ol ett o <mik e. b ort ol ett o @ a q u a- m etric.c o m S e nt: Fri d ay, J u n e 7, 2 0 2 4 1 0: 5 4: 4 1 A M
T o: J o h n M a nri q u e <J o h n. M a nri q u e @city ofv all ej o. n et Cc: M eliss a C a ns d al e <M eliss a. C a ns d al e @city ofv all ej o. n et >; O ni Br o w n < O ni. Br o w n @city ofv all ej o. n et >; F er n a n d o Ji m e n ez < F er n a n d o.Ji m e n ez @city ofv all ej o. n et S u bj ect: R E: City of V all ej o - M et er B ox Li ds Bi d Fr o m A my:
Great Ne ws!
T he y acce pte d t he re p orts I se nt t he m, a n d I pai d t he bala nce d ue f or t he a p plicati o n t o da y. T he y sai d it ta kes a b o ut 1- 3 da ys t o pr ocess pa y me nt. O nce I get t he act ual b usi ness lice nse, I will se n d y o u a c o p y.
T h a nk y o u,
A m y T hir kettle
Direct: (951) 395-891 0 | Fax (951) 637-15 0 0
http:// w w w.aqua- metric.co m
Mi k e
Mik e B ort ol ett o
9 1 6. 8 2 4. 4 5 5 2 – C ell
Mik e. B ort ol ett o @ A q u a- M etric.c o m
Fr o m: J o h n M a nri q u e <J o h n. M a nri q u e @city ofv all ej o. n et> S e nt: W e d n es d ay, J u n e 5, 2 0 2 4 1 0: 1 9 A M T o: Mik e B ort ol ett o <mik e. b ort ol ett o @ a q u a- m etric.c o m Cc: M eliss a C a ns d al e <M eliss a. C a ns d al e @city ofv all ej o. n et >; O ni Br o w n < O ni. Br o w n @city ofv all ej o. n et >; F er n a n d o Ji m e n ez < F er n a n d o.Ji m e n ez @city ofv all ej o. n et S u bj ect: R E: City of V all ej o - M et er B ox Li ds Bi d Hi Mik e,
J u st f oll o wi ng u p o n t h e B u si n e s s Li c e n s e. I s t h er e a nyt hi ng w e c a n d o t o a s si st ? H a p py t o p u s h o n o ur e n d if it’ s a n i s s u e wit h H D L (t h e B u si n e s s Li c e n s e a d mi ni str at or).
T h a nk s s o m u c h f or y o ur p art n er s hi p o n t hi s! B e st,
J o h n
J o h n M a nri q u e
A d mi nistr ati v e M a n a g er
Cit y of V all ej o | W at er D e p art m e nt
7 07- 6 4 8- 4 0 9 0 ( offic e)
7 07-2 4 6-2 62 6 (c ell)
o h n. m a nri q u e @ city ofv all ej o. n et
Fr o m: Mik e B ort ol ett o <mik e. b ort ol ett o @ a q u a- m etric.c o m > S e nt: W e d n es d ay, M ay 2 9, 2 0 2 4 1 1: 0 1 A M T o: J o h n M a nri q u e <J o h n. M a nri q u e @city ofv all ej o. n et Cc: M eliss a C a ns d al e <M eliss a. C a ns d al e @city ofv all ej o. n et >; O ni Br o w n < O ni. Br o w n @city ofv all ej o. n et >; F er n a n d o Ji m e n ez < F er n a n d o.Ji m e n ez @city ofv all ej o. n et S u bj ect: R E: City of V all ej o - M et er B ox Li ds Bi d 1 0- 4. Z ack at t h e city s ai d h e w o ul d h el p g et t h e lic e ns e d o n e. I g u ess t h ey h a d s o m e b ackl o g.
S h o ul d h av e t his d o n e s o o n.
R e g ar ds,
Mi k e
Mik e B ort ol ett o
9 1 6. 8 2 4. 4 5 5 2 – C ell
Mik e. B ort ol ett o @ A q u a- M etric.c o m
D o c u si g n E n v el o p e I D: 5 E D C B F 0 4- 6 E C 1- 4 0 B 1- 9 0 D A- B B 9 0 5 3 7 E 4 3 3 3
Fr o m: J o h n M a nri q u e <J o h n. M a nri q u e @city ofv all ej o. n et> S e nt: W e d n es d ay, M ay 2 9, 2 0 2 4 1 0: 1 3 A M T o: Mik e B ort ol ett o <mik e. b ort ol ett o @ a q u a- m etric.c o m Cc: M eliss a C a ns d al e <M eliss a. C a ns d al e @city ofv all ej o. n et >; O ni Br o w n < O ni. Br o w n @city ofv all ej o. n et >; F er n a n d o Ji m e n ez < F er n a n d o.Ji m e n ez @city ofv all ej o. n et S u bj ect: R E: City of V all ej o - M et er B ox Li ds Bi d Hi Mik e,
W e’r e still w aiti ng o n y o ur City of V all ej o B u si n e s s Li c e n s e. O n c e w e h av e t h at w e c a n g et t h e c o ntr a ct r o ut e d f or sig n at ur e s. Pl e a s e l et m e k n o w if y o u h av e a ny q u e sti o n s. T h a nk y o u!
B e st,
J o h n
J o h n M a nri q u e
A d mi nistr ati v e M a n a g er
Cit y of V all ej o | W at er D e p art m e nt
7 07- 6 4 8- 4 0 9 0 ( offic e)
7 07-2 4 6-2 62 6 (c ell)
o h n. m a nri q u e @ city ofv all ej o. n et
Fr o m: Mik e B ort ol ett o <mik e. b ort ol ett o @ a q u a- m etric.c o m > S e nt: W e d n es d ay, M ay 2 9, 2 0 2 4 8: 1 6 A M
T o: J o h n M a nri q u e <J o h n. M a nri q u e @city ofv all ej o. n et Cc: M eliss a C a ns d al e <M eliss a. C a ns d al e @city ofv all ej o. n et >; O ni Br o w n < O ni. Br o w n @city ofv all ej o. n et >; F er n a n d o Ji m e n ez < F er n a n d o.Ji m e n ez @city ofv all ej o. n et S u bj ect: R E: City of V all ej o - M et er B ox Li ds Bi d W a nt e d t o c h eck b ack i n wit h ev ery o n e. Di d w e pr ovi d e all t h e i nf or m ati o n n e e d e d ? Mi k e
Mik e B ort ol ett o
9 1 6. 8 2 4. 4 5 5 2 – C ell
Mik e. B ort ol ett o @ A q u a- M etric.c o m
Fr o m: Mik e B ort ol ett o
S e nt: W e d n es d ay, M ay 8, 2 0 2 4 8: 0 9 A M
T o: J o h n M a nri q u e <J o h n. M a nri q u e @city ofv all ej o. n et Cc: M eliss a C a ns d al e <M eliss a. C a ns d al e @city ofv all ej o. n et >; O ni Br o w n < O ni. Br o w n @city ofv all ej o. n et >; F er n a n d o Ji m e n ez < F er n a n d o.Ji m e n ez @city ofv all ej o. n et S u bj ect: R E: City of V all ej o - M et er B ox Li ds Bi d I a m c h ecki n g wit h o ur A R gr o u p o n t h e city b usi n ess lic e ns e.
T o m my T hirk ettl e – Pr esi d e nt
4 0 5 0 Fl at R ock Dr
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Mi k e
Mik e B ort ol ett o
9 1 6. 8 2 4. 4 5 5 2 – C ell
Mik e. B ort ol ett o @ A q u a- M etric.c o m
Fr o m: J o h n M a nri q u e <J o h n. M a nri q u e @city ofv all ej o. n et> S e nt: T h urs d ay, M ay 2, 2 0 2 4 1 1: 1 8 A M
T o: Mik e B ort ol ett o <mik e. b ort ol ett o @ a q u a- m etric.c o m Cc: M eliss a C a ns d al e <M eliss a. C a ns d al e @city ofv all ej o. n et >; O ni Br o w n < O ni. Br o w n @city ofv all ej o. n et >; F er n a n d o Ji m e n ez < F er n a n d o.Ji m e n ez @city ofv all ej o. n et S u bj ect: City of V all ej o - M et er B ox Li ds Bi d Hi Mik e,
I h o p e y o u'r e d oi ng w ell! I' m r e a c hi ng o ut t o l et y o u k n o w t h at w e will b e a w ar di ng t h e M et er B ox Li d s Bi d t o y o u a n d A q a u- M etri c s. Wit h t h at, w e will b egi n t h e pr o c e s s o n o ur e n d t o g et t h e c o ntr a ct ex e c ut e d. W e will n e e d t h e f oll o wi ng i nf or m ati o n t o st art:
R e c e nt c o py of y o ur W 9
A c o py of y o ur C ertifi c at e of Li a bility wit h r e q uir e m e nt s a s li st e d o n Ex hi bit C of t h e s a m pl e c o ntr a ct fr o m t h e bi d ( bi d att a c h e d) C o nfir m t h e n a m e, titl e, a n d e m ail a d dr e s s of t h e r e pr e s e nt ativ e w h o will sig n t h e agr e e m e nt A c o py of y o ur City of V all ej o B u si n e s s Li c e n s e D o c u si g n E n v el o p e I D: 5 E D C B F 0 4- 6 E C 1- 4 0 B 1- 9 0 D A- B B 9 0 5 3 7 E 4 3 3 3
Thanks for your patience while we worked through the bidding process. I'm available if you have any questions or concerns. Thank you! Best,
John
John Manrique
Administrative Manager
City of Vallejo | Water Department
707-648-4090 (office)
707-246-2626 (cell)
[email protected]
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Item No. Bedscription of Item
Dimension of mexter box/frame
top opening OLD QTY NEW QTY Ferguson Aquametrics Core & Main Ferguson Aquametrics Core & Main 1 Oval Lids L - 15 7/8", W - 9 3/4", D - 1 1/4" 3,900 3,900 59.53 $ 35.23 $ 22.00 $ 232,167.00 $ 137,397.00 $ 85,800.00 $ 2 Traffic Rated Oval Lids L - 16 1/8", W - 9 7/8", D - 1/1/4" 1,100 1,100 59.53 $ 35.23 $ 22.00 $ 65,483.00 $ 38,753.00 $ 24,200.00 $ 3 Traffic Rated B-9X L - 15 1/4", W - 9 15/16", D - 1 5/8" 500 500 62.62 $ 35.80 $ 36.00 $ 31,310.00 $ 17,900.00 $ 18,000.00 $ 4 Size B-36 L - 30 3/16", W - 17 1/2", D - 2" 1,800 1,800 120.31 $ 120.80 $ 99.00 $ 216,558.00 $ 217,440.00 $ 178,200.00 $ 5 Size B-16 L - 20 3/4", W - 10 9/16", D - 2 1/8" 400 3,000 63.72 $ 52.16 $ 50.00 $ 25,488.00 $ 20,864.00 $ 20,000.00 $ 6 Size B-9X L - 15 1/4", W - 9 15/16", D - 1 5/8" 32,300 30,000 39.00 $ 35.80 $ 36.00 $ 1,259,700.00 $ 1,156,340.00 $ 1,162,800.00 $ TOTAL: 40,000 40,300 1,830,706.00 $ 1,588,694.00 $ 1,489,000.00 $ Item No. Bedscription of Item
Dimension of mexter box/frame
top opening OLD QTY NEW QTY Ferguson Aquametrics Core & Main Ferguson Aquametrics Core & Main 1 Oval Lids L - 15 7/8", W - 9 3/4", D - 1 1/4" 3,900 3,900 59.53 $ 35.23 $ 22.00 $ 232,167.00 $ 137,397.00 $ 85,800.00 $ 2 Traffic Rated Oval Lids L - 16 1/8", W - 9 7/8", D - 1/1/4" 1,100 1,100 59.53 $ 35.23 $ 22.00 $ 65,483.00 $ 38,753.00 $ 24,200.00 $ 3 Traffic Rated B-9X L - 15 1/4", W - 9 15/16", D - 1 5/8" 500 500 62.62 $ 35.80 $ 36.00 $ 31,310.00 $ 17,900.00 $ 18,000.00 $ 4 Size B-36 L - 30 3/16", W - 17 1/2", D - 2" 1,800 1,800 120.31 $ 120.80 $ 99.00 $ 216,558.00 $ 217,440.00 $ 178,200.00 $ 5 Size B-16 L - 20 3/4", W - 10 9/16", D - 2 1/8" 400 3,000 42.00 $ 47.78 $ 49.00 $ 126,000.00 $ 143,340.00 $ 147,000.00 $ 6 Size B-9X L - 15 1/4", W - 9 15/16", D - 1 5/8" 32,300 30,000 33.00 $ 26.67 $ 36.00 $ 990,000.00 $ 800,100.00 $ 1,080,000.00 $ TOTAL: 40,000 40,300 1,661,518.00 $ 1,354,930.00 $ 1,533,200.00 $ $ (233,764.00) (169,188.00) $ 44,200.00 $
-9.24% -14.71% 2.97%
OLD UNIT PRICE OLD EXT PRICE
NEW UNIT PRICE NEW EXT PRICE
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Date Scheduled Item
February 28, 2024 Release of Bid
March 14, 2024; 2:00pm Due Date for submissions
Feb 15-18, 2024 City Review of Submitted Bid Responses
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