HomeMy WebLinkAboutContracts & Agreements_115-2022AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for installing and implementing automated metering infrastructure
("Agreement") is made and entered into this 21st day of June, 2022 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and Ferguson Enterprises, LLC
("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and,
together, as the "Parties." In consideration of the mutual promises contained herein, City and
Contractor agree as follows:
ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to provide automated metering infrastructure installation
and implementation services for City (the "Services").
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit "A,"
titled "Scope of Services," which is attached hereto and incorporated herein by reference.
2.2 Contractor shall comply with all applicable federal, state and local laws and regulations in
the performance of the Services including, but not limited, to all applicable Labor Code
and prevailing wage laws and non-discrimination laws, including the Americans with
Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of
per diem wages as determined by the Director of the California Department of Industrial
Relations for each craft, classification or type of worker needed to undertake the Services
are on file at City's Municipal Utilities and Engineering Department, located at the Civic
Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775,
1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions
establishing penalties for failure to comply with state wage and hour laws and to pay
prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
1
L:\ca\Agreements\Ferguson Enterprises Agreement.NPS-2.2.FY21-0143.docx.jn
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.8 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign
to City all rights, title and interest in and to all causes of action it may have under section
4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2
(commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, Work or materials pursuant to this Agreement.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services.
3.2 City designates John R. Harris, Municipal Engineering and Utilities Department Director,
as City's representative with respect to performance of the Services, and such person shall
have the authority to transmit instructions, receive information, interpret and define City's
policies and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A," which is attached hereto and
incorporated herein by reference. The Services shall commence as of the Effective Date of
this Agreement.
4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of
this Agreement (the "Initial Term"). The City shall have the option to extend the Initial
Term of this Agreement by one (1) additional year ("Extended Term"), on the same terms
and conditions, by providing written notice to Contractor at least thirty (30) days prior to
the expiration of the Initial Term and subsequently, at least thirty (30) days before any
Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred
to herein as the "Term" of this Agreement.
4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit
"B," which is attached hereto and incorporated herein by reference, in an amount equal to
one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to
this Agreement.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 The compensation for Contractor's performance of the Services shall not exceed the
amount of seven hundred eighty-three thousand three hundred fifty-six dollars and ninety-
six cents ($783,356.96) for the Services provided during the Initial Term and Extended
Term. For the Initial Term and the Extended Term, City shall pay Contractor on a time and
2
L:\ca\Agreements\Ferguson Enterprises Agreement,NPS-2,2.FY21-0143.docx.jn
materials basis up to the not tonot-to-exceed amount in accordance with the unit prices
specified in Exhibit "C," titled "Bidder's Rate Sheet," which is attached hereto and
incorporated herein by reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during
the preceding month. Contractor's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30) days after receipt and approval by City
of Contractor's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or express
mail; in each case properly posted and fully prepaid to the appropriate address set forth
below, or such other address as a Party may provide notice in accordance with this section:
CITY
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7532
CONTRACTOR
Jon Price, General Manager
Ferguson Enterprises, LLC
11909 Tech Center Court
Poway, CA 9064
Jon.Price@Ferguson.com
Phone (949) 690-4649
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services. Contractor shall not perform
any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services. Insurance policies shall include a
provision prohibiting cancellation of the policy except upon thirty (30) days prior written
notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self -insured or exempt from the workers' compensation laws of
the State of California. Contractor shall execute and provide City with Exhibit "D,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B. Commercial General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
3
L:\ca\Agreements\Ferguson Enterprises Agreement,NPS-2,2.FY21-0143.docx.jn
r
injury is required. City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability. This coverage shall include all Contractor owned vehicles used in
connection with Contractor's provision of the Services, hired and non -owned vehicles,
and employee non -ownership vehicles. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.2 Contractor shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property to the extent
caused by any negligent act or omission by, or the willful misconduct of, Contractor, or its
officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Contractor's Services. Contractor further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to
which City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City or
for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code
section 87302.
4
L:\ca\Agreements\Ferguson Enterprises Agreement.NPS-2.2.FY21-0143.doex,jn
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth. Contractor shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Contractor are for its account only,
and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind
City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than
five (5) days prior written notice to Contractor of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (i) no amount shall be allowed for anticipated profit or unperformed Services,
and (ii) any payment due Contractor at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Contractor. Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, design calculations, drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by
Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis
for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor
pursuant to this Agreement.
5
L:\ca\Agreements\Ferguson Enterprises Agreement.NPS-2,2.FY21-0143.docx.jn
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any amendment
to this Agreement shall be in writing, approved by City and signed by City and Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect, impair
or invalidate the remaining sentences, clauses, paragraphs or sections contained herein,
unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement.
CITY GLANDS
Paul T. Barich, Mayor
ATTEST:
e Donaldson, City Clerk
N ENTERPRISES, LLC.
on Price, G neral Manager
6
L:\ca\Agreements\Ferguson Enterprises Agreement.NPS-2.2.FY21 -01 43. docx.jn
EXHIBIT "A"
SCOPE OF SERVICES
1. Project Overview
Ferguson will furnish and commission AMI Gateway Data Collectors, expanding the City's Neptune
AMR system to include AMI technology. The scope of services includes the deployment of all
hardware and systems, integrations, testing, training, support services (during deployment), and
maintenance of the AMI network infrastructure (data collectors, aka "Gateways").
Ferguson Waterworks will provide the following equipment and services to the City:
• AMI System which includes the supply of: Gateway Data Collectors, AMI network
infrastructure, Neptune 360 head -end software; installation, commissioning, and testing of
the AMI network infrastructure and system; training; and ongoing support and maintenance
of the Neptune 360 software.
• Installation services for Gateway Data Collectors and associated equipment such as
Uninterrupted Power Supply.
• Ferguson and its subcontractors will provide integration and testing of all components for a
fully functional AMI system that operates within required performance parameters.
2. Items, Materials, and Services to be supplied by Ferguson
• General. Ferguson shall supply the following components and aspects of installation:
overall project management; problem solving; inspection; system integration; and quality
control.
• AMI software. Ferguson will supply, install, set, and test the Neptune 360 hosted software.
Neptune 360 will be maintained by Neptune Technology Group in accordance with SaaS
agreement.
• AMI Network hardware. Ferguson will furnish and install Gateway Data Collectors per
network design.
o City of Redlands is to own the AMI network.
• Training and Documents. Ferguson and Neptune will provide a Training Plan and
document the individuals that successfully complete the training session(s).
3. AMI Fixed Network Design Services
Ferguson shall conduct a comprehensive site survey and be responsible for a proper Fixed Network
design to ensure sufficient coverage for each Endpoint Radio ("Endpoint"). Ferguson shall work
with the City to ensure Fixed Network infrastructure is properly sized, installed, and configured to
their expectations. The City will be responsible for procuring the Gateway Data Collectors,
through Ferguson, and providing the locations for them to be installed. Ferguson shall provide
maintenance and support for the Data Collectors during the implementation. Each Gateway comes
with 1 year warranty and maintenance agreement,
• Furnish and install Gateway Data Collectors at the locations indicated on propagation map
generated by Neptune.
• Ferguson shall provide a map, showing where these proposed Gateway Data Collectors
would be installed in the City's service territory. * See below.
7
L:1aaAgreements \Ferguson Enterprises Agreement.NPS-2,2.EY21-0143,doex jn
• Ferguson will test the AMI system.
• Ferguson shall provide training to the City per Training Plan — Neptune AMI.
4. Ferguson Assumptions
R900v4 enhanced propagation is preliminary. Gateway Data Collectors V4 and R900v4 M1U (Pit
w/Extemal Antenna) required. The use of this Gateway propagation analysis should be done with
this understanding and there is no guarantee of product or performance. Additional gateways could
be required.
5. R900 Propagation Analysis - City of Redlands
Service Area:
Disatqwa Rm.1+0 xl
A>+ -t10.5 Ng
VeM6i, 1114,pL12 ".
•1+66WaIN Ni
1NNqry� VitIK411,4 11Qhak+fN
m/iyr.1 1 :1;1204
�SVk11d.6.IfJGt Wei; i1M.1
'.111Riia,.W1A'
Proposed Gateway Collector Locations:
8
L\oa\Agreements\Ferguson Enterprises Agreement.NPS-2.2.FY21-0143,doex jn
ocat+u
4Country
Latitude
34.020852
. f angitude;
-117.139084
doctor'
GPV4
Llev(m)..
643
Anttigt(m)
15
Clev(ft)
2108
Ant13gt(ft)
50
coax(dB) ;_
1.1
AetGain
7.1
Antenna
MF89155_915
4We1141
34.057279
-117.192145
GPV4
399
15
1309
50
1.1
7.1
MFB9155 915
4We1156
34.031076
-117.155167
GPV4
548
15
1798
50
1.1
7.1
MFB9155_915
451hAve
34.034859
-117.15263
GPV4
530
15
1739
50
1.1
7.1
MFB9155 915
4We1120
34.076215
-117.078891
GPV4
689
15
2262
50
1.1
7.1
MFB9155_915
4We1129
34,07811
-117.226504
GPV4
353
15
1158
50
1.1
7.1
MF69155_915
4Wef134
34.069824
-117,248912
GPV4
334
15
1096
50
1.1
7.1
MFB9155 915
4We1136
34.025923
-117.178078
GPV4
513
15
1683
50
1.1
7.1
MFB9155_915
4Wel137
34.062405
-117.168263
GPV4
440
15
1444
50
1.1
7.1
MF139155 915
4Wel157
34.086404
-117.181856
GPV4
396
15
1299
50
1.1
7,1
MFB9155_915
4WeIl6
34.068289
-117.099213
GPV4
609
15
1998
50
1.1
7.1
MFB9155_915
4WeIJ61
34.040281
-117.208693
GPV4
417
15
1367
50
1.1
7.1
MFB9155_915
4Well7
34.046934
-117.227336
GPV4
366
15
1201
50
1.1
7.1
MFB9155_915
4Arroyo
34.028357
-117.192354
GPV4
519
15
1702
50
1.1
7.1
MF89155_915
4Comunty
34.075692
-117.174645
GPV4
427
18
1401
60
1.2
7.1
MFB9155 _915
4Craftonn
34.044801
-117.097019
GPV4
777
15
2551
50
1.1
7,1
MFB9155_915
MFB9155915
4Ford
34.043559
-117.160694
GPV4
480
18
1575
60
1.2
7.1
4Texonia
34.071433
-117.191726
GPV4
403
18
1322
60
1.2
7.1
MFB9155 915
4Agate
34.076393
-117,12526
GPV4
525
15
1723
50
1.1
7,1
MFB9155 _915
4Find001
34.062402
-117.21,7662
GPV4
364
9
1194
30
0.7
7.1
MFB9155 915
4Find002
34.055085
-117.15644
GPV4
464
9
1522
30
0.7
7,1
MF09155_915
4F1nd004
34.050853
-117.176995
GPV4
433
9
1422
30
0.7
7.1
MFB9155_915
4Find01.0
34.01372
-117.171454
GPV4
483
9
1585
30
0.7
7.1
MFB9155 915
411nd013
34.048034
-117.143226
GPV4
519
9
1703
30
0.7
7.1
MF89155 915
MFB9155_915
4FInd016
34.033441
-117.1.65091
GPV4
521
9
1709
30
0.7
7.1
4Find017
34.031934
-117.174316
GPV4
498
9
1633
30
0.7
7.1
MFB9155 915
6. Gateway Site(s) Detail
CRAFTON SITE (4Craftonn)
• Install new mast and antenna on existing railing
• Install new coax from antenna to gateway utilizing existing railing and conduits
• Install gateway and battery backup unit on new H frame at base of tank
• Install ground rod and tie into existing power
• Perform QAQC and sweep test
FORD SITE (4Ford)
• Install new mast and antenna on existing tower
• Install new coax from antenna to gateway utilizing existing tracks
• Install gateway and battery backup unit on new H frame at base of tower
• Install ground rod and tie into existing power
• Perform QAQC and sweep test
WELL 56 SITE (4We1I56)
• Install new 50' tower and 5'x5'x5' concrete footing
• Install new mast and antenna on new tower
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame at base of tower
• Install solar panels on new tower within 20' of gateway
• Install ground rod
• Perform QAQC and sweep test
9
L:\ea\Agreements\Ferguson Enterprises Agreement,NPS-2.2.FY21-0143.deex,jn
COUNTRY CLUB RESERVIOR SITE (4Country)
• Install new non -penetrating roof mount kit to support 24' ROHN tower
• Install new mast and antenna on new ROHN tower
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame anchored at base of reservoir
• Install solar panels on new pole within 20' of gateway
• Install ground rod
• Perform QAQC and sweep test
ARROYO TANK SITE,(4Arroyo)
• Install new mast and antenna on existing railing
• Install new coax from antenna to gateway utilizing existing railing and conduits (*requires
controlled descent)
• Install gateway and battery backup unit on new H frame at base of tank
• Install ground rod and tie into existing power
• Perform QAQC and sweep test
TEXONIA TANK SITE (4Texonia)
• Install new mast and antenna on existing tank
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame anchored to base of tank
• Install solar panels on railing within 20' of gateway
• Install ground rod
• Perform QAQC and sweep test
COMMUNITY PARK (4Cornunty)
• Install new pipe mast offset from light pole for antenna
• Install new coax from antenna to gateway
• Install gateway and battery backup unit anchored to pole out of reach from ground
• Install solar panels on light pole within 20' of gateway
• Install ground rod
• Perform QAQC and sweep test
UBS CITY BUILDING [Substitute for WELL SITE 41 (4We1141)]
• Install new mast and antenna
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame
• Install ground rod and tie into existing power
• Perform QAQC and sweep test
STREET LIGHT POLES SITES (7)
Possible Site Locations: Find001, Find002, Find004, Find010,
• Install new pipe mast offset from light pole for antenna
• Install new coax from antenna to gateway
• Install gateway and battery backup unit anchored to pole
• Install solar panels on pole within 20' of gateway
• Install ground rod
10
L:\ca Agreements\Ferguson Enterprises Agreement,NPS-2,2,FY21-0143.docx jn
Find013, Find016, and Find017.
out of reach from ground
• Perform QAQC and sweep test
WELL SITES (9)
Possible Well Site Locations: Well 20, Well 29, Well 34, Well 36, Well 37, Well 57, Well 6, Well
61, and Well 7.
• Install new mast and antenna on new tower
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame anchored to tower footing
• Install solar panels on new tower or asset within 20' of gateway (when power unavailable)
• Install ground rod and tie to existing power unless solar
• Perform QAQC and sweep test
OTHER SITES (2)
Possible Site Locations: Agate and SthAve
• Install new 50' tower and 5'x5'x5' concrete footing
• Install new mast and antenna on new tower
• Install new coax from antenna to gateway
• Install gateway and battery backup unit on new H frame anchored to tower footing
• Install Solar panels on new tower within 20' of gateway
• Install ground rod
• Perform QAQC and sweep test
11
L\ca\Agreernents\Ferguson Enterprises Agreement.NPs-2,2.FY21-6I43.doex jn
7. ANII Fixed Network Implementation Schedule
0 FERGUSON
WATERWORKS
7askhlaitte , : , ° ;, , s
S[art�
{ � .' .., ,
,: � Brsetess
' , Uura�on
City Council Approval and NTP
6/2i/2022
6/22/2022
1
1
Site Visits &Planning
fi123/2022
8/2212022
42
60
Material Procurement
8123/2022
12/20/2022
79
120
Network Installation
72/21/2022
4120/2023
8E
120
Network QAQC
4/21/2023
5/21/2023
21
30
Project Compiet€on
5/22/2023
6/3/2023
3
12
Total
233
347
12
L:1ca\Agreements\Ferguson Enterprises Agreement.NPS 22.FY21-0143_docx a
8. Training Plan - Neptune AMI
Neptune Training Outline
Neptune will provide a training program for utility personnel including customer service, and in-
house technical support personnel. The training will cover the overall system management and
routine operation. The City's training facilities will be utilized to conduct all training classes.
Neptune proposes training all City staff involved with the AMI system including PC operators,
supervisors, field crews and IT personnel. Neptune will provide the in-house technical support
personnel with system configuration documentation as part of the training classes. Neptune will
supply the City with standard training documentation for use during training classes. The following
is an outline of the training to be provided on -site at City facilities.
The training agenda covers the topics below. We permit our trainers to take liberties and adjust the
agenda topics, order, and length based upon the City's preference.
General AMI Network Infrastructure
a. Hardware of the AMI system
b. Data flow (communication) of the AMI system
AMI Endpoint
a. How it works
b. Features and Functionality
c. Installation
d. Troubleshooting
Field Training
a. Basic Operation of handheld and mobile devices
b. Meter readers are given practice time in the field
c. Troubleshooting
Host Software Training (Head -end)
a. General system overview
b. Terminology
c. How the system interfaces to CIS Billing System
d. Managing routes
e. Loading and unloading of field collection devices
f. System Health Dashboards
g. Customer Service Menu
h. Event Maintenance
i. Using and Creating Groups
j. Mapping Module (optional)
k. Table Maintenance
1. Generating report
13
L:\ca\Agreements\Ferguson Enterprises Agreement,NPS-2,2,FY21-0143.docx jn
EXHIBIT "B"
LABOR AND MATERIAL BOND ##K4057847A
Whereas, the City of Redlands, State of California, and Ferguson Enterprises, LLC. (hereinafter
designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to
provide on -call sewer collection system repair services (the "Work"), which said agreement, dated June 21.
2022, and identified as water meter installation services is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commending the performance
of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the
claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the
Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held finnly bound unto the
City and all contractors, subcontractors, laborers, material men and other persons employed in the performance
of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of s71uee r� Htnundrrundred FiFn�-Sa EiL€,n--Threeig❑oil„„tsana
and `�6 €00
Dollars i$783,356.96)for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an
amount not exceeding the amount hereinabave set forth, and also in case suit is brought upon this bond, will
pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of
Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in fidl force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
Un
(SEAL)
In witness whereof, this instrument has been duly executed by the Principal and surety above named,
June 23 , 2022.
fiC
(SEAL)
(Contractor) (Surety) Federal Insurance Company
(Signature) (Signa(ure)
Pablo Rios, -Je, Attorney-
li -Fac
Address: 202E Hail's Mil, Road
Whitehouse Station NJ 08889
(Seal and Notarial Acknowledgment of Surety) Telephone (215) 640-1000
14
L!1calAgreementsWergusnn Enterprises Agreement.NPS-2.2.FY21-DI 43.daex.jn
State of
PRINCIPAL ACKNOWLEDGMENT
County of
On this day of , , before me personally came , to
me known, who, being by me duly sworn, deposed and says that (s)he is the
of the entity described in and which executed the following instrument;
that (s)he knows the seal of the said corporation/company; that the seal affixed to the said
instrument is such corporate/company seal; that it was so affixed by the order of the Board of
Directors of said corporation/company, that (s)he signed his/her name thereto by like order.
Notary Public
SURETY ACKNOWLEDGMENT
State of Pennsylvania:
County of Delaware:
On this 23'd day of June, 2022, before me personally carve Pablo Rios, Jr. known to me to be the
duly authorized Attorney -In -Fact of the Federal Insurance Company, and the said Pablo Rios, Jr.
duly acknowledged to me that he subscribed the name of the Federal Insurance Company thereto
as Surety and his own name as Attorney -In -Fact.
Notary rblic
Sandra Toal
Commonwealth of Pennsylvania - Notary Seal
SANDRA TOAL - Notary Public
Delaware County
My Commission Expires Jul 21, 2022
Commission Number 1284810
N? 5.389
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
Tans Is To CERTIFY, That, pursuant to the Insurance Code of the State of California,
Federal Insurance Company
of Indianapolis, Indiana , organized under the
laws of Indiana , subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this State,
subject to all provisions of this Certificate, the following classes of insurance: FIRE, MARINE,
SURETY, DISABILITY, PLATE GLASS, LIABILITY, WORKERS' COMPENSATION,
COMMON CARRIER LIABILITY, BOILER AND MACHINERY, BURGLARY, CREDIT,
SPRINKLER, TEAM AND VEHICLE, AUTOMOBILE, AIRCRAFT and MISCELLANEOUS
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
Trns CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements
made under authority of the laws of the State of California as long as such laws or requirements are
in effect and applicable, and as such laws and requirements now are, or may hereafter be changed
or amended.
IN WITNESS W1Inaor, effective as of the—._.15th _ _day
of October , 19 90, I have hereunto set
my hand and caused my official seal to be affixed this 15 t h
day of
NOTICE,
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code
promptly after issuance of this Certificate of Authority. Failure to do so wilt be a violation of Ins. Code Sec. 701
and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application
therefor and the conditions contained herein.
October
By
FOIM CO.e
ea Saw
CHUBB
Power of Attorney
Federal Insurance Company I Vigilant insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY. an Indiana corporation. VIGILANT INSURANCE COMPANY. a New York corporation. PACIFIC
INDEMNITY COMPANY. a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the
Commonwealth of Pennsylvania, do each hereby constitute and appoint Christopher F. Mulvaney, Pablo Rios Jr. and Wendy Lee Wadkins
of Radnor, Pennsylvania
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise. bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same. and consents to the modification or alteration of any instrument referred to in said bonds Dr obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 15'h day ofJanuary, 2020.
i:JaLk-)\. 192ot
Dawn 11. 1'h lntr r.;. \.' L$lafil �t�el'l:3iy
STATE OF NEW JERSEY
County of Fhmterdon
Stephen 11. [limey. Vice President
On this I9b day nl'january, 2020 before me, a Notary Public of New Jersey. personally came Dawn NI. Chloros and Stephen NI. Haney, to me known to he Assistant Secretary and
Vice President. respectively. of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY. WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY. the companies which executed the foregoing Poorer of Attorney. and the said Dawn NI. Chloros and Stephen M. Haney,
being by me drily sworn, severally and each for herself and himself did depose and say that they are ,assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AN-IER]CAN INSURANCE COMPANY and
know the corporate seals thereof. that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and
that their signatures as such officers were duly affixed and subscribed by like authority.
Notarial Seal
KATHERINE J. ADELAAR
NOTARY PUBLIC OF MEW JERSEY
No. 23t6685
OOrrmmission Expires July 16, 2024
CERTIFICATION
Resolutions adopted b'the Boards of Directors of FEDERAL INSURANCE COMPANY. VIGILANT I\SI. RANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August:30, 2016;
WESTCHESTER FIRE INSLRANNCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 20t 9:
'RESOLVED. that the Fallowing authorizations relate rn the execution. for and en behalf or the Company. of bonds. undertakings. recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "written Commitment ):
f 1) Each of [Ire Chairman. the President and the \ice Presidents of the Company, is hereby authorized to execute any Written Commitment rot and on behalfuf the Company. under the
seal of the Company or otherwise.
(2) Each duly appointed attorney -in -fact of the Company IS hereby authorized to execute any Written Cununi[ment for and an behalf of the Company, under the seal of the Company or
otherwise. to the extent that such action is authorized by thee ant orpowets provided for in such persons written appointment as such anor ney-imfact.
(3) Each of the Chairman. the President and the Vice Presidents of [he Crimpany is hereby authorized, for and on behalf oldie Company. to appoint in wr€tirg any person the attorney'
in-facr of the Company with full power and authority to execute, Mr and on behalf of the Company. under die seal of the Company or otherwise. such Written Commitments of the
Company as may be specified in such written appoinmhenl. which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each or the Chairman. the President and the Vice Presidents of the Company, is hereby authorized. kw and on behalf of the Company, to delegate in writing to any other officer of the
Company the authority to execute. for and on behalf of the Company, under the Company's seal ar otherwise. such Written Commitments of the Company as are specified in such
written delegation, which_spectlicarion may be by general rpe or class of Written Commitments or by specification alone or more purncular Written Commitments.
(5) The signature or any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution. and the seal GI -the Company. may be affixed by
Facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED. dtat the foregoing Resolution shall nut be deemed to be an exclusive statement of the powers and authority of officers. employees and other persons to act for and on behalf of
the Company. and such Resolution s hall not limit or otherwise atfect the exercise of any such power or authoriy otherwise validly granted or vested.'
I, Dawn NI. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE
INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify [hat
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect.
(h) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station. NJ, this 23rd day of June, 2022
Ik€v,n 11. Chiun Secretary
IN'i'IIE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF'rHls BOND OR NOTIFY CS OF\NY OTHER\LATTER PLEASE CONTACT US AT:
Telephone lt3mR)903-3493 Fax4908)903-3656 e-mail: surenssfchubhcom
Combined-, FED-VIG-PI-WFIC-AAIC (rev. 11-19)
CHANGE RIDER
To be attached to and form a part of Bond No. K40317788
in the amount of $ 1,884,651.00 issued by Federal Insurance Company on 6/15/2021
on behalf of Ferguson Enterprises, LLC dba Ferguson Waterworks, 1109 Tech Center Court, Poway, CA 92064
in favor of City of Redlands, 35 Cajon Street, P.O. Box 3005, Redlands, CA 92373
It is understood and agreed that the bond described above is hereby modified so as to
PURCHASE ORDER NO. 222/0407 EXTENSION NON-PROFESSIONAL SERVICES AGREEMENT FOR
SUPPLY AND REPLACEMENT OF POTABLE AND NON -POTABLE WATER METERS
In consideration of the premium charged for said bond, it is hereby agreed to change:
The current bond limit:
From: One Million Eight Hundred Eighty-four Thousand Six Hundred Fifty-one 00/100 ($1,884,651.00)
To: One Million Eight Hundred Eleven Thousand Three Hundred and Five 03/100 ($1,811,305.03)
Said Principal and said Surety hereby agree that the term of said bond is extended from the 15th day
of June, 2022 to the 14th day of June, 2023 which represents the lst Option Year of the Professional
Services Agreement dated June 15, 2021, subject to all other provisions, conditions and limitations
of said bond, upon the express condition that Surety's liability during the original term of said bond and
during any exteded term shall not be cumulative and shall in no event exceed the sum of One Million
Eight Hundred Eleven Thousand Three Hundred and Five 03/100 ($1,811,305.03)
Nothing herein contained shall be held to vary, alter, waive, or extend any of the tams,
agreements, conditions or limitations of the above -mentioned bond, other than as above stated.
Signed, sealed and dated this 20th clay of June , 2022
FERGUSON ENTERPRISES, LLC IDEA FERGUSON
WATERWORKS
BY:
FEDERAL INSURANCE COMPANY
BY:
Pablo Rios, Jr.
Attorney -in -Fact
M 4173/TP 2/95
State of
County of
PRINCIPAL ACKNOWLEDGMENT
On this day of , before me personally came to
me known, who, being by me duly sworn, deposed and says that (s)he is the
of the entity described in and which executed the following instrument;
that (s)he knows the seal of the said corporation/company; that the seal affixed to the said
instrument is such corporate/company seal; that it was so affixed by the order of the Board of
Directors of said corporation/company, that (s)he signed his/her name thereto by like order.
Notary Public
SURETY ACKNOWLEDGMENT
State of Pennsylvania:
County of Delaware:
On this 20th day of June, 2022. before me personally came Pablo Rios, Jr. known to me to be the
duly authorized Attorney -In -Fact of the Federal Insurance Company, and the said Pablo Rios, Jr.
duly acknowledged to me that he subscribed the name of the Federal Insurance Company thereto
as Surety and his own name as Attorney -In -Fact.
Commonwealth of Pennsylvania - Notary Sea%
ANGELA NIGRO - Notary Public
Delaware County
µy Commission Expires March 23, 2026
Commission Number 1328355
N? 5389
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
AMENDED
Certificate of Authority
THIS Is To CERTrrx, That, pursuant to the Insurance Code of the State of California,
Federal Insurance .Company
of Indianapolis, Indiana , organized under the
laws of Indiana , subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this State,
subject to all provision of this Certificate, the following classes of insurance: FIRE, MARINE,
SURETY, DISABILITY, PLATE GLASS, LIABILITY, WORKERS' COMPENSATION,
COMMON CARRIER LIABILITY, BOILER AND MACHINERY, BURGLARY, CREDIT,
SPRINKLER, TEAM AND VEHICLE, AUTOMOBILE, AIRCRAFT and MISCELLANEOUS
as such classes are now or may hereafter be defined in the Insurance Lavis of the State of California.
Tins CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in vitiation of any, of the applicable laws and lawful requirements
made under authority of the laws of the State of California as ling as such laws or requirements are
in effect and applicable, and as such laws and requirements now are, or may hereafter be changed
or amended.
IN WITNESS WHEREOF, effective as of the---_LStn _-_---day
of October , 19 90, I have hereunto set
my hand and caused my official seal to be affixed this 15th
day of
NOTICE.
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code
promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code See. 701
and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application
therefor and the conditions contained herein.
October
By
I990
FOR$ Ce.3
ea $1 l
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILrrIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
December 31, 2021
(in thousands)
ASSETS
Cash and Short Term Investments $ (567,306)
United States Government, State
and Municipal Bonds 4,271,534
Other Bonds 5,994,673
Stocks 675.588
Other Invested Assets 1,647,712
TOTAL INVESTMENTS 12,022,201
Investments in Affiliates:
Great Northern Ins. Co.
Vigilant Ins. Co.
Chubb Indemnity Ins. Co.
Chubb National Ins. Co.
Other Affiliates
Premiums Receivable
Other Assets
TOTAL ADMITTED ASSETS
414,638
354,696
183,242
190,801
118,373
1,726,653
3,078.466
$ 18
LIABILITIES AND
SURPLUS TO POLICYHOLDERS
Outstanding Losses and Loss Expenses
Reinsurance Payable on Losses and Expenses
Unearned Premiums
Ceded Reinsurance Premiums Payable
Other Liabilities
$ 8,701,363
1,484,196
2,400,711
366,332
498,472
TOTAL LIABILITIES 13,451, 094
Capital Stock
Paid -In Surplus
Unassigned Funds
SURPLUS TO POLICYHOLDERS
TOTAL LIABILITIES AND
SURPLUS
20,980
2,711,474
1 903 522
4,635,976
$18,087,070
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2021,
investments with a carrying value of $509,085,162 were deposited with govemment authorities as required by law.
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John Taylor, being duly sworn, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge
and belief the foregoing �Aiys�a true and correct statementljenof the said Company's financial condition as of the 31 st day of December, 2021
Sworn before 1 Y arch F to, 7,0G2
p b'c M ? el
commission expires
rCommonwealth of Pennsylvania - Notary Seal
Jaime L. Yates, Notary Public
PhiladelphiaCounty
My commission expires September 19, 2023
Commission number 1357070
IaMFar Pennsylvania Association of Notaries
CHUBS
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company ACE American Insurance Company
Know All by These Presents. that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the
Commonwealth of Pennsylvania, do each hereby constitute and appoint Christopher F. Mulvaney, Pablo Rios Jr. and Wendy Lee Wadkins
of Radnor, Pennsylvania
each as their tale and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the none thereof (other than bail bonds) given or exerted in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals en this 151h day ofJanuary, 2020.
fawn M. Ch lore,. Assistant Secretary
STATE OF NEW JERSEY
County ofliunterdon ss.
At"- V-L
Stephen M.Ilaney. Vice President
On this 15'h day of January, 2020 before ore, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and
Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY. the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney,
being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and
know the corporate seals thereof. that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and
that their signature; as such officers were duly affixed and subscribed by like authority.
Notarial Seal
KATHERINE J. ACELAAR
NOTARY PUBLIC OF NEW JERSEY
No. 2316665
Commlaslon Expires July 16, 2024
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCIESTER FIRE INSURANCE COMPANY en December II, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"RESOLVED, that the following authorizations relate to the execution. for and an behalf of the Company. of bonds, undertakings. recognizances, contracts and other mitten commitments of the Company
entered Into In theordhwrycourseof business (eacha "Written Commitment"):
(1) Each of the Chairman. the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company. under the
seal of the Company or otherwise.
(2) Each duly appointed attorney -In -fact of the Company is hereby authorized w execute any Written Commitment for and on behalf of the Company. under the seal of the Company or
othenvlse, to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attorney -in -fact
(3) Each of the Chairman, the President and the Vice Presidents of the Company 6 hereby authorised, for and on behalf of the Company. to appoint In writing any person the attorney -
in -fact of the Company with full power and authority to execute, for and on behalf of the Company, ender the seal of the Company or otherwise,such Written Commitments of the
Company as may he spedtled In such written appoinment, which specification may be by general type or class of Written Commitments or by specification of one or more pal -ardor
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Cominny, to delegate in writing to any other officer or the
Company die authority to execute, for and on behalf of the Company. under the Company's seal or otherwise, such Wtuen Commitments of the Company as are specified in such
written delegation. which specification may be by general type or class of Written Commitments or by specllicadon of one or more particular Written Commitments.
(5) The signature of any officer or other 'Jerson executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may he affixed by
facsimile on such Written Connnitient or written appointment or delegation.
FURTHER RESOLVED. that the foregoing Resolution shall not be deemed to he an exclusive statement of the powers and authority of officers, employees and other Person coact for and on behalf of
the Company, and such Resolution shall not limit or otherwise affect the exercise ofanysuch power or authodry otherwise validly granted or vested"
I, Dawn M. Chorus, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WES'TCHESI'ER FIRE
INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certily that
(1) the foregoing Resolutions adopted by the Board of Directors of the Companies are one, correct and in full forte and effect,
(i0 the foregoing Power of Attorney is true, correct and in hill force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ. [his 20th day of June, 2022
Dawn M. Chlorai. Assistant Secretary
IN THE EVENT YOU WISH TO VERIFY THE AU'TIIENICITT OF THIS BOND OR NOTIFY US OF ANY OTFIER NATTER, FLEaSECONfACT US AT:
Telephone (908)903-3493 Fax (908) 903- 3656 email: suretygschubbmm
Combined: FED-MG-PI-WFIC-PAIL (rev 11-19)
EXHIBIT "C"
BIDDER'S RATE SHEET
Location 11 I Prop ID „£iataway " UPS Sal% ,Panel Antenna Instaallation
Crafton 3 4Craflonn $ 9,s00.ii0 $ 2,090.00 ' $ - $ 391.00 -. $
Ford I 4Ford 1 $ 9,500.00 $ 2,090.00 I $ - $ 391.00 .$ 5,125.00
Wefl56 4WeI156 % $ 9,50000 00 $ - $ 3,975.00 $ 39L00 I $ 5,195-00
^
CountyrrClub Res.] 4Country 1 $ 9,600.00 I $ - 1 $ 3,975.00 1 $391.00 . $ 5,125.00
Arroyo 1 4Arroyo $ 9,600.00I $ 2,090.00 1 $ - $ 391.00 $ 5,125.00
1exonia j 4Texonia :` $ 9,500.00 $ - I $ 3,975.00 $ 391.00 $ 5,125.00
Community _ 4Comunty :$ 9,600.00 I $ - $ 3,975_00 $ 331.00 $ 5,1 /9 00
UBSCityBuilding"4We1I41' $ 9,600.00 s $ - 1 $ 3,975.03 $ 391.00
Find001 4Find001 : $ 9,600.00 : $ - $ 3,97500 $ 391.00
Find002 4Find002 $ 9,600.00 I $ - $ 3,975.013 $ 391.00
Find004 4Find004 $ 9..600.00 $ - ' $ 3,975.00 $ 391.00
Find010 I4Find010 $ 9,500.00 $ $ 3,175.00 $ 39100.
Find013 4Find013 $ 9,600.ia0 $ - ; $ .3,975.00 $ 391.00 $ 5,125 M
Find016 4Find016 $ 9;600.00 1 $ - $ 3,975.00 $ 391.00 _$ 5,125.00
Find017 1 4Find017 . $ 9 D0.00 I $ - 1 $ 3,-975.00 $ 391.00 ' $-___...5,125.00
We115 I 4Well6 $ 9,500.00 1 $ - I $ 3,975.00 $391.00 1 $ 5,125,00
We117 1 4WelI7 $ 9,600.00 1 $ - $ 3,975.00 $ 391_00 1 $ 5,3.25_00
WelI20 1 4We1120 $ 9,600.00 $ - $ 3,975.00 $ 39100 j $ 5,125.00
Wei129 1 4We1129 : $ 9,600.00 I $ $ 3,97500 $ 391.00 1 $ 5,12500
$ 391.00 I $ 5,125.00
391_00 I $ 5„- 75.00
We1134 4Wei134 $9,_00 $
-
--_.__
We1136 141N II35 ,,.$ 9,600.00 $
Wel137 : 4We1137 -$._ 9,600.00 $
We1157 4Wel157 I $ 9,500.00 $
WeI161
-Agate_
StisAve 45thAve E $ 5,600.00 $ - $ 3,975.00 I $ 39L00 $ 5,125-00 $ 1,675.00 ; $ 1,25o o4J ; $
$249,600.00 $6,270_00 $91,425.00 $10,166.00 $133,250_0€3 $ 39,950.00 $32,500.00 $ 161,3300_00 $ 665_013 $ 725,126.00
eptune i1111SC
oaati n,Subtotal
5,125.00 $ 1:375.00 1 1,250.0$ - ......... - - -- 19,83L0
$ .._.__1,375.00 i $.__1,250_ $ =- - - ` 19,831.00
$ 1,675.00 i. $ 1,25000 1 $ 15,250.00 $ - - $_. ..___ 37,2i _00
$ 1,675.00 I $ 1,250.00 i $ 4,400.00_$
- 26,415.00
$ ..._1,375.00 L. $ 1,25000 ._.... $..-- - - 555.00 20,496_00
$ 1,375.00 $ 1,250.00 _ $ 21,716_00
$1,.375_00 I$ 1,250.00 1 $...._._... - , .._... - .$ 21,71s.00
$ 5,125.00 ._$......__1,675.00 ` $ 1250.00 ..._.._..._......4,400.00 _._..._._._....... _ .5,416.00.
5,125.00 $ 1,375.00 S 1,250.03 $ Y_.._. $ ._._._._.. . 21,716.00
$ 21,716.00
$.........._5,125.00._ $........._1,37..5.00 __$....._1.250.D0 -- -LL .............. - ^$ 21,716.00
s,s _i a $ 1'375.00 1,250.00 1 $ - $ -......._;,... 21,716.E
-
$ ...5,195_00 $---1,375.00 $ 1,250.00 1 -_-' - $ 21,716.00
1,375.o0 $ 1,250.00 j ......_ - _ _._ _.......21,716.00
$ 1,375.00 1 $ 1,250.00 : $ ._......-___..... - T$ --.._.._.__.__...__21,316.00
$ 1,375.00 I_$1,250_00$..---........__.._.__._.: 1$21,716.00
$ L675.00 I $ , So.00 $ 15,25 . : $ - ..._.. 37,256.00
$ 3.,575,00 i $ 1,250.00 $ 15,250.00 ; $
- ., $ 37,256_
1,675.00 I $ 1,250.00 $ 15,250.00 I ...._--- - I..$.....- 37,256_00
$........1575:00.. _.$......1 .00 . $ ......._...15,25000. $ ................_ - $ 37 26s.00..
- $ 3,975.00 $ 1,675.00 1$._...1,250.00 $15,2?0_00 "_..-------...__....._37,266_00
- $ 3,975.00 $ $ 1,575 _ . $ 1,250.00Y$----I5,250.00 $ - - - - . ._...... $ _ -- 37 255.00.
- $ 3,975.00 $ 391.00 $ ,ems 125.€0 -c_$ 1,575.00 i. $ 1250.00 $ 15,250.00 $..... -. • $ ._........_....37266.00
-. $ 3,97 .00 '�........._ 391.00 1 $_........5,12:.00 $ 1,675.00 $ 1,250:00 _ $ 15,250.00_. $ $ - - - 37 256.00
4Well61 I $. .....9,500.00 $ ._..-......_.$$.._3,975.00._..$.........391.00 $.......5,12'5.00 $ 1,675.00 ._$.....1,25000 $ 15,250.00 $ .................-......_ $ ... 37,256.W.
4A to ; $ 9,030.00 $ $ 3,975.00 $ 391.00 $ 5,325.00 $ 1,575.00 I $1,250.00 $ $ _ - _ $ _._..___--
22,016.00
-_�
16
L:1calAgreementsWerguson Enterprises Agreement.NPS-22FY21-0143.docx jn
Material Subtotal $
La bar Subtotal $
Tax t&75%) $
Material & Labor Band $
TataIf$
591,211.00
133,915.00
51,730.96
6,500.00
7133,356.96
Gateway Installation Assumptions
• Collectors to be installed on existing City assets.
• Asset has structural capacity to support collector equipment.
• City responsible for the structural integrity of chosen assets if insufficient.
• City responsible for permitting or any required approvals.
• City responsible for trenching and concrete work, as needed.
• Dedicated 120v AC circuit power is available at "powered sites".
• Standard install includes up to 50-feet of above ground conduit to reach UPS/Gateway.
• Installation does not include trenching, asphalt cutting, demo, or concrete work.
• Installation hardware and practices determined by industry standards.
• Tank installs to utilize ladder for coax cable routing/supports.
• Coax and grounding to be ran free air. Conduit can be requested at an additional expense.
for labor, materials, and possible equipment rentals.
• Excavation for tower footing, if necessary, does not include rocky soil.
• Utility to provide keys, contractor locks, or other means of immediate access to facilities.
• New towers quoted are aluminum tilting towers.
• Excavated soil disposed onsite or at alternate City location comes at no charge.
• Excavated soil disposed off -site, at non -City location comes with an added cost.
• Quote assumes all sites are accessible for heavy equipment and concrete trucks.
• Required use of concrete pump is not included in quote.
• Costs subject to change based on actual site conditions upon arrival.
Prop Study Assumptions
• Power requirements: 120V AC or SOLAR options.
• Backhaul requirements: Cellular Modem, Ethernet.
• FAA/ASR may be required for structures near airports or heights >200 feet.
• AM Tower detuning evaluations for structures within 3km, check LBA Group or Sitesafe.
• 10 feet minimum vertical separation from other 900MHz system antennas on structure.
• 3 feet 4 feet standoff required for side mounting antenna on towers.
• Revised propagation analysis required for Gateway location or height changes.
• Spare gateway recommended for system maintenance.
• Complies with Part 15 of FCC Rules: May not cause harmful interference, and must accept
any interference received, including interference that may cause undesired operation.
• Propagation Study based on typical noise level below — 120dBm, otherwise additional
gateways could be required.
• MIUs mounted inside structures are not recommended for Fixed Network solutions. RF
signal is affected differently by building materials used within structures and it is difficult
to account for all types of construction. If the scope states inside MIU used for study, an
average loss value is applied to the model. In situations, where inside MIUs do not perform
as necessary, an external wall MIU or additional Gateways may be required.
• R900v4 enhanced propagation is preliminary, equipment specifications and system
performance still required to validate propagation. Gateway V4 and R900v4 MIU (External
Wall or Pit w/External Antenna) required, any older units will require replacement. The use
of this Gateway propagation analysis should be done with this understanding and there is
no guarantee of product or performance. Additional gateways could be required.
17
L;\calAgreements\Ferguson Enterprises Agreement,NPS-2,2,FY21-0143.docx jn
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a)
(b)
CHECK ONE
By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
By securing from the Director of Industrial Relations, a certificate of consent to self -
insure, either as an individual employer, or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self -insure and to pay any compensation that may become
due to his or her employees.
V I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the , work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
FE
B
TERPRISES, LLC.
nce, General Manager
Date: 6 - / 3- 20ZL-
18
L:\ca\Agreements\Ferguson Enterprises Agreement.NPS-2.2.FY2 I -0I 43.docx jn