2005/08/09 City Council Resolution (18)RESOLUTION NO. 2005- 253 y
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING
THE CITY MANAGER TO SIGN THE ITRON SUPPLEMENTAL PRODUCT WARRANTY AND
SUPPORT AGREEMENT
WHEREAS, the City of Rohnert Park installed radio reading
devices (ERTS) to approximately 7,600 residential meters in March
2003; and
WHEREAS, the manufacturer, Itron, has discovered that a
component of the ERT is malfunctioning and causing the battery to
drain prematurely; and
WHEREAS, due to the ERT failure, Itron has provided a five -year
extended warranty and will audit and replace all non - functioning
ERTS.
NOW, THEREFORE, BE IT RESOLVED that the Council does hereby
authorize the City Manager to sign the Itron Supplemental Product
Warranty and Support Agreement.
DULY AND REGULARLY ADOPTED by the Rohnert Park City Council
this 9th day of August, 2005.
ATTEST: CITY OF ROHNERT PARK
BREEZE: AYE FLORES: AYE SMITH: AYE VIDAK MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
Return to:
City Engineer
City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
NOTICE OF COMPLETION
COMMERCIAL WATER METER REPLACEMENT — ELECTRICAL
PROKCT NO: 2003 -03
NOTICE IS HEREBY GIVEN THAT I, Darrin W. Jenkins, City Engineer of the City of
Rohnert Park, California on July 26, 2005, did file with the City Clerk of the City of Rohnert Park,
my Certificate of Substantial Completion of the following described work, the contract for doing
which was heretofore awarded to Mike Brown Electric Co. on February 8, 2005, in accordance
with the plans and specifications for said work filed with the City Clerk of the City of Rohnert Park
and the City Engineer's Office.
That said work and improvements were completed on the 25th day of July, 2005, and that
acceptance of said work was ordered by resolution of the City Council of said City, adopted on the
9th day of August, 2005, and that the name of the surety on the contractor's bond for labor and
materials on said project is Hartford Fire Insurance Company.
That said work and improvements consisted of consisted of extending electric utilities to
new water meter installations serving two (2) existing mobile home parks in Rohnert Park, as more
particularly described in the plans and specifications on file in the office of the City Clerk of the
City of Rohnert Park and the City Engineer's Office.
DATED: August 10, 2005
U�",
h'14 "
Darrin W. Je 'ns
City Engineer
State of California
County of Sonoma
I, Judy Hauff, City Clerk of the City of Rohnert Park, do hereby certify, under penalty of perjury, that
before me personally appeared Darrin W. Jenkins, personally known to me or proved to me on the
basis of satisfactory evidence to be the person who appeared before me, and that the foregoing is a true
and correct document as adopted by the City Council of the City of Rohnert Park on August 9, 2005.
JIZ6&
Judy Hauff.
City Clerk
CERTIFFICATE OF SUBSTANTIAL. COMPLETION
COMMERCIAL WATER METER REPLACEMENT — ELECTRICAL
PROJECT NO. 2003-03
I, Damn W. Jenkins, City Engineer of the City of Rohnert Park, California, do hereby
certify that the work and improvements hereinafter described, the contract for doing which was
entered into by and between the City of Rohnert Park and Mike Brown Electric Co., dated
February 8, 2005 was completed to my satisfaction on July 25, 2005.
That said work and improvements consisted of consisted of extending electric utilities to
new water meter installations serving two (2) existing mobile home parks in Rohnert Park, as
more particularly described in the plans and specifications on file in the office of the City Clerk of
the City of Rohnert Park and the City Engineer's Office.
DATED: July 26, 2005
City En g' eer
Electric / Gas / Water
ltr( information cotlaction, analysts and app7t0010n
2818 North Sullivan Road
Spokane, WA 99216
509.924.9900 Tel
509.891.3355 Fax
www.itron.corn
Attachment "A"
Supplemental Product Warranty
And
Support Agreement
For Pit Set Water ERT Modules
In connection with the resolution of performance problems with the Pit Set Water ERT Modules, Itron,
Inc. ( "Itron ") and the City of Rohnert Park ( "Customer ") have agreed to the terms contained in this
Supplemental Product Warranty and Support Agreement ( "Agreement ") for the Pit Set Water ERT
Module ( "ERT Module ").
Customer Commitments:
In exchange for the Extended Warranty as defined herein, Customer commits to the following:
1. . Customer will support any requested Itron field visits, including cooperative efforts to a)
investigate non - functioning ERT Module equipped water meters ( "ERT'd Meters "), b) test or service
meter reading equipment, and c) profile Customer training, installation, field investigation, service,
data processing, and meter reading practices.
2. Customer will create and utilize, at its own expense, the following:
(a) A process to document ERT Module installation dates by part # and identification number.
(b) A field investigation process that collects all relevant "as found" information regarding the
ERT'd Meter's condition. This information will include the water meter brand (manufacturer), the
meter register type /model (if available), the water tueter number and the ERT Module identification
number. All aforementioned information will be consolidated within a single document or, preferably,
a data source (Microsoft Excel file), and retained at the Customer's servicing location for a minimum
of twelve (12) calendar months. Customer will make such information available to Itron, Badger Meter
or manufacturer representatives as may be requested by Itron.
(c) A process to replace damaged or non - functioning ERT'd Meters in accordance with the
respective manufacturer's prescribed procedures. Customer will provide training to its field personnel
in accordance with Itron's documentation to ensure proper installation and service of ERT Modules
and will provide evidence of such training upon request from Itron.
3. Customer will conduct at least one (1) scheduled (monthly /quarterly) ERT Module /meter
reading attempt using either a radio - equipped Itron handheld or vehicle -based collection unit, prior to
initiating a field investigation of a non - functioning ERT'd Meter. During the field investigation,
Customer will attempt to read the ERT'd Meter using an Itron Handheld Reader. If Customer cannot
obtain a response from the ERT'd Meter or obtains an incorrect response, then Customer will remove
the ERT Module from service in accordance with Itron's prescribed procedures.
Attachment A Page 1 of 3
Electric / Gas / Water
tn(onrtatioa collection, ana'ysis and appIlow"on -
I
2818 North Sullivan Road
Spokane, WA 99216
509.924.9900 Tel
509.891.3355 Fax
www.itron.com
practices. Itron will support Customer with an on -site Field Engineering "System Health and
Maintenance" training session that will be helpful in guiding Customer in developing and
.implementing business practices to maximize AMR system performance over time.
Customer agrees that this Agreement constitutes the sole and exclusive understanding between Itron
and Customer on the subject matter covered herein and by accepting the termS of this Agreement all
I laims Customer may have against Itron with regard to ERT Modules are resolved. All other
provisions of Itron's End User License and Warranty Agreement with City of Rohnert Park will
remain in full force and effect. This Agreement is a contractual settlement executed for the purpose of
settling a disputed claim with regard to the ERT Module. Nothing in this Agreement will be deemed
or construed to be an admission of liability by any party and all such liability is expressly denied. This
Agreement applies only to the ERT Module and in no way implicates any other product or
arrangement between Itron and Customer. Upon execution of this Agreement, Itron and Customer will
have no other obligation or liability of any kind to each other related to the ERT Module.
The undersigned Company representative warrants that Company has approved this transaction in
accordance with applicable law and procedures, that he is authorized to execute this Agreement on
behalf of Company, that he has read and understands the terms and conditions of this Agreement, and
that Company is entering into this Agreement voluntarily and without any promise of benefit other
than as set forth in this Agreement.
Itron, Inc.
Z7�oS
Signature Date
Mike Scarpelli
Director, Reliability & Managed Services
Approved as to form:
o Aan: l Works Ci t Hof Rohnert Park
Custture Date
Stephen R. Donley
Customer Name (Please Print)
City Manager
PS (��•U�+ Title
100 Attorney Per Reso. No. 2005 -253 adopted
the City Council on 8/9/05.
Please sign both original documents, retaining one original for your records.
Please return one original document to;
Mr. Michael Scarpelli
Itron, Inc.
2818 N. Sullivan Road
Spokane, WA 99216
Tel: (509) 891 -3863
by
Attachment A Page 3 of 3
HrcfnA
July 26, 2005
Kristina Owens
Utilities Billing Supervisor
Utility Department, City of Rohnert Park
6800 Hunter Drive, Suite B
Rohnert Park, CA 94928
Electric I Gas I Water
Information collection. iwalysis and apptt.:ation
2818 North Sullivan Road
Spokane, WA 99216
509.924.9900 Tel
509.891.3355 Fax
www.itron.com
Subject: Itron Pit -set Water ERT Module Special Warranty Offer
Dear Mrs. Owens,
On behalf of everyone at Itron, we'd like to thank you for your continued trust in our products
and our company. Based on your past experience we understand your concerns related to long-
term reliability of our pit -set ERT Modules. The purpose of this letter is to address those
concerns and propose a new warranty for your existing and replacement ERT module products.
Itron proposes the following action;
1. Audit every pit and replace every "non-functioning" ERT with a new ERT and
Register. A "non- functioning" ERT is defined as "no response" when interrogated
with a ReadOne Pro, OR the ERT read does not match the Register read. The Audit
Team will also be looking for ERT modules with obvious physical damage which
would require replacement.
2. Replace every mounting bracket.
3. Verify a radio read with the G5R and /or Mobile Collector can be obtained from
every meter. Read from register must match G5R and/or Mobile Collector with no
reprogramming or pit lid removal.
4. Continue to perform monthly reads until a 97% radio read rate, or higher, is
demonstrated for four consecutive months after completion of audit project.
5. Provide an extended warranty on all ERT Modules.
Additionally, Itron will support the City of Rohnert Park with on -site Field Engineering "System
Health and Maintenance" training. This, combined with data collected from the field audits Itron
will be conducting, will be useful in guiding the City of Rohnert Park in achieving optimal long-
term AMR system performance.
Itron's Extended ERT Module Warranty proposal is further documented in Attachment "A ", the
Supplemental Product Warranty and Support Agreement for Pit Set Water ERT Modules, which
should be read carefully and discussed jointly with your Itron Account Executive, Kevin Keim,
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