HomeMy WebLinkAboutORDINANCE 5916R
E
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5916
File Number: 2016-0447
MUELLER SYSTEMS, LLC:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
AUTHORIZE THE PURCHASE OF A LEAK DETECTION SYSTEM PILOT PROGRAM FROM
MUELLER SYSTEMS, LLC IN THE AMOUNT OF $26,985.00.
WHEREAS, the City has implemented a leak detection program to reduce the amount of unmetered water
loss in the City's water distribution system and staff recommends that the City Council approve the
purchase and implementation of an automated leak detection system pilot program to compare its
effectiveness to other measures the City has taken; and
WHEREAS, the Mueller Mi.Echo Leak Detection System is the only automated leak detection system
compatible with the Mueller fire hydrants in use within the City's water distribution system and Mueller
Systems, LLC is the only distributor of that system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby finds that such
circumstances constitute an exceptional situation where competitive bidding is deemed not feasible or
practical, and therefore waives the requirements of formal competitive bidding and authorizes the purchase
of an automated leak detection system pilot program from Muller Systems, LLC in the amount of
$26,985.00.
PASSED and APPROVED on 10/18/2016
Page 1 Printed on 10119116
Ordinance: 5916
File Number- 2016-0447
Page 2
Attest:
C'
S-14,
its
Sondra E. Smith, City Clerk Trrl�.f
FAYEii EV1l,l',
f rf
Printed on 10119116
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0447
Agenda Date: 10/18/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 1
MUELLER SYSTEMS, LLC:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING
AND AUTHORIZE THE PURCHASE OF A LEAK DETECTION SYSTEM PILOT PROGRAM
FROM MUELLER SYSTEMS, LLC IN THE AMOUNT OF $26,985.00
WHEREAS, the City has implemented a leak detection program to reduce the amount of unmetered
water loss in the City's water distribution system and staff recommends that the City Council approve
the purchase and implementation of an automated leak detection system pilot program to compare its
effectiveness to other measures the City has taken; and
WHEREAS, the Mueller Mi.Echo Leak Detection System is the only automated leak detection system
compatible with the Mueller fire hydrants in use within the City's water distribution system and Mueller
Systems, LLC is the only distributor of that system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby finds that such
circumstances constitute an exceptional situation where competitive bidding is deemed not feasible or
practical, and therefore waives the requirements of formal competitive bidding and authorizes the
purchase of an automated leak detection system pilot program from Muller Systems, LLC in the amount
of $26,985.00.
City of Fayetteville, Arkansas Page 1 Printed on 1011912016
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2016-0447
Legistar File ID
0/ . / 016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/28/2016 Water & Sewer Maintenance /
Utilities Department
Submitted Date Division / Department
Action Recommendation:
Staff recommends passing an Ordinance to waive the requirements of formal competitive bidding and authorize
the purchase of a Leak Detection Pilot Program from Mueller Systems LLC in the Amount of $26,985.00.
5400.720.1840-5801.00
Account Number
13019.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Water & Sewer
Fund
W/S Equipment Expansion
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 420,081.00
�$ 123,000.00
$ 26,985.00
Approval Date:
V20140710
CITY OF
vile
�e
ARKANSAS
MEETING OF OCTOBER 18, 2016
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
THRU: Mayor Lioneld Jordan
Don Marr, Chief of Staff
Fayetteville Water and Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: September 28, 2016
SUBJECT: Ordinance to waive the requirements of formal competitive bidding and authorize
the purchase of a Leak Detection Pilot Program from Mueller Systems LLC in the
Amount of $26,985.00
RECOMMENDATION:
Staff recommends passing an Ordinance to waive the requirements of formal competitive
bidding and authorize the purchase of a Leak Detection Pilot Program from Mueller Systems
LLC in the Amount of $26,985.00.
BACKGROUND:
Fayetteville continues with our leak detection program to reduce the amount of unmetered water
loss. We have done contracts and continue with in-house staff to survey the system for leaks,
but need to use more measures to identify water leaks.
DISCUSSION:
The Mueller Mi.Echo Leak Detection system that will be permanently installed in the area
roughly bordered by E. Township Street on the north, N. Juneway Terrace on the west, E. Elm
Street on the south, and N. Old Wire Road on the east. The system will continuously "listen" for
frequency changes in the water lines to identify water leaks as they form and increasingly
degrade, until repairs are needed. This system will help us better plan routine work and reduce
emergency repairs on the water system. If this system proves to be effective, it could be
expanded into other areas of the City.
The leak detection system nodes are compatible with the Mueller Centurion A-423 fire hydrants
in use within the City of Fayetteville water distribution system. Mueller is the only company that
offers this leak detection system that would work with the existing hydrants.
BUDGET/STAFF IMPACT:
Funds are available in the Water & Sewer Equipment Expansion Project.
ATTACHMENTS:
Staff Review Form
Mueller MiEcho Leak Detection System - Pilot Proposal
Sole Source Justification Letter from Mueller
Sole Source Justification Form
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
A DIVISION OF rMU01101 f CO.)
MUellef SYSTEMS
echolo ics
Mi.Echo Distribution Leak Detection System Pilot
Prepared for City cf Fayetteville, AR
Prepared by: Ken Schone
903/2016
www.echologics.com
Executive Suj-nn-aary
The City of Fayetteville (Fayetteville) would like to monitor for leaks
within the distribution piping system. Using the Mi.Echo distribution
main leak detection system from Mueller Systems and Echologics,
Fayetteville will be able to monitor leak noise events and locate leaks
within the monitored pilot area.
Mi.Echo combines The Mi.Echo system works on the same technology as the Mueller
Mueller System AMI Systems Mi.Net smart meter AMI communications network.
infrastructure with
Echologics advanced The Mi.Echo automated leak detection system integrates acoustic -
technology. based leak detection technology from Echologics, with the Mi.Net
Mueller infrastructure network. Mi.Net is Mueller Systems' fixed, two-
way AMI network for utilities that fully automates meter readings, and
this latest feature incorporates automated leak detection.
This proposal provides the system description, pricing, and a brief
outline of the technical approach.
Regards,
Ken Schone
A DIVISION OF Mue-118r CIO.
System Description
The Mi.Echo automated leak detection system will be installed along
the section of distribution main piping system identified by Fayetteville.
The main component of the Mi.Echo system is the node —a radio
frequency transceiver featuring Echologics' sensors, logger board,
communications hardware, and battery power source.
G
'Pip WE. chr; Diode
hutted in >t,,nd,-ird
hydrant yap
Figure 1 Mi.Echo node: Designed for installation in 90% of the pumper nozzle
Continuous pipeline caps in North America.
monitoring reduces
the consequences of The Mi.Echo node is housed in a cast-iron or high -density plastic
leaks. enclosure that replaces the pumper nozzle caps of wet and dry barrel
fire hydrants throughout a utility's service area
Leak detection is performed by a pair of Mi.Echo nodes in a similar
fashion as the LeakFinderRT correlator. The transceivers collect
acoustic data from pipelines before generating and wirelessly
transmitting files containing the data to the Mi.Net System's host
software component—Mi. Host.
r
The NALHuQ data
collector to ni+.
r
<.n r,G
foueller
Data center
it b rface
Figure 2 Mi.Echo System: Based on next -generation proven LeakFinderRT TM
technology.
A DIVISION OF M—yelle co.
11w—
System operators can view the locations of leaks to determine
whether or not immediate repairs need to be made, and they can
compare collected data to reports transmitted by other Mi.Echo nodes
to rule out false leak alarms.
Detected leaks can be viewed by utility workers online through the
Mi.Host user interface, which is integrated with ESRI GIS Mapping
software.
_b cCf'tati
Figure 3 User Interface: Graphical and visual display of system status
leveraging functionality of Mi.Host.
Information provided
by continuous
monitoring improves Mi.Echo nodes are spaced at a maximum distance of 1,500 feet. The
customer service. number of Mi.Hub data collection units for the pilot area have been
determined based on the completed logger placement study and
network survey. The Mi.Hub data collection units are not limited by
the number of Mi.Echo nodes, but rather by local topography.
A DIVISION OF MUeller CCJ
Project Description
The Mi.Echo automated leak detection system pilot will be installed within Fayettevilles'
distribution main piping system.
For the purposes of this proposal, 11 Mi.Echo nodes and 1 collector will be provided.
(See attached propagation and logger placement study for target area) The specific
locations of the hydrant nodes and the collector have been determined based on the
completed logger placement study and network propagation study. Some of the factors
that affected the placement of nodes and collector were local topography, elevation of the
Mi.Hub collector, and area density.
Pricing is provided in the Pricing Information section.
� r t
Figure 5 shows pricing for the supply and installation of the Mi.Echo system pilot.
Item
Mi.Echo acoustic hydrant sensor node with Mi.Net radio
Est. Qty
Sale Price
Total
11
$1,200.00
$13,200.00
Mi.Hub data collector unit
1
$4,290.00
$4,290.00
Mi.Repeater unit
Mi.Host, User Interface Software - leak detection and mapping
functionality, <1 k units
1
$9,600.00
$9,600.00
GPRS data backhaul fees
System Operations Training — Per Day
1
$360,00
$360.00
3
$1,500.00
$4,500.00
Engineering Services, project planning, node and collector
installation and start up
Sub -total
Lot
$20,435.00
$20,435.00
$52,385,00
Special Mi.Echo pilot discount
1
($)5A00 t';:
Mi.Echo Distribution Main Leak Detection System
$26,985.00
Figure 5 —Pricing Table valid until October 31, 2016, not including any applicable taxes.
*The price includes installation of the Mi.Echo system. Should any civil works or traffic control be required
for installation, this would be the responsibility of Fayetteville.
*Ann11n1 franc-
MiHost — Fee will be no more than listed in price table above if number of loggers remains
below 1000 units. For quantities of 11 to 100, price will be $3,500.00
Cellular Backhaul - $360.00
Collector Maintenance (Optional) - $450.00
A DIVISION OF lulu loll l r Co.
tateb,rjent of','Vork
Mueller Systems and Echologics propose the following technical details critical for the
installation and operation of the Mi.Net AMI System.
Acoustic Survey — Echologics will survey the proposed area to conduct a thorough
acoustic analysis of the piping network and to validate and supplement the data provided
by Fayetteville. Specific hydrants selected for installation of leak detection sensors will be
dependent upon input from Echologics.
Data Backhaul —3G Wide Area Network supported by AT&T will be used as the default
communications to/from the Mi.Hub collector unit(s) and the Mi.Host data server. If
available from the City, fiber or Ethernet connectivity is supported.
Network Installation — The required Mi.Hub Collector is proposed to be installed on the
Water Tower located at 36.096273 Lat &-94.143227 Lon. AC power will provided by
Fayetteville.
Mueller Systems:
1) Cooperate with Utility to identify locations for the Mi.Net infrastructure and the
Mi.Echo nodes.
2) Prior to commencement of the system:
a. Provide all required AMI system hardware
b. Set-up a hosted Mi.Host AMI server and website for customer use.
C. Provide the services of a qualified Mueller Systems Project Manager to
conduct product hardware, software and service tool training for the
Customer, as applicable.
3) Set up network communication between the Mi.Echo nodes, Mi.Hub collectors and
the Mi.Host Software.
4) Supply all necessary system operational training to utility personnel during the pilot
period.
5) Fully cooperate with Fayetteville in performing the required testing of the pilot
products.
6) Assist Utility with installation and commissioning, as applicable for the product, and
provide Customer Support in accordance with Echologics/ Mueller Systems
policies, procedures and practices.
A DIVISION OF IML!lleftf CO.
Fayetteville Responsibilities:
1) Assist Mueller Systems with site location and equipment installation of all AMI Pilot
products in accordance with Mueller Systems standard product installation
recommendations, including but not limited to:
a. Mi.Hub network collectors.
b. OWL or DC repeaters.
2) Provide traffic control during installation of repeaters.
3) Assist Mueller Systems in selecting locations for the Mi.Echo nodes.
4) Provide samples of every distinct type of hydrant cap before the start of the project.
5) Cooperate with Echologics/ Mueller Systems in performance testing of all the AMI
System components for proper functionality.
6) Utility will monitor data via the Muller Systems Mi.Host User Interface (UI) web site.
7) Provide feedback on system operation.
8) Identify one person as a primary user and contact and data manager (Utility Project
Manager) to provide a single channel of communications.
A DIVISION OF iMUellgf CO..
Mueller SYSTEMS
10210 Statesville Blvd.
P.O Box 128
Cleveland, NC27013
Ph: 704.278.2221
Fx: 704.278.9616
www. M u ellerSvstems.corn
August 10, 2016
To whom it may concern:
RE: Sole Source Vendor for Mi.Net®
Thank you for your interest in the Mueller Infrastructure System (Mi.Net). The Mi.Net system links water
meters, Mi.Echo leak detection sensors, and other control devices in an efficient wireless network for real-
time access. This smart, migratable solution provides the ultimate in flexibility and scalability for water
utilities.
The Mi.Net System is the only Full 2-Way Meter Management AMI system that includes permanent leak
detection installed inside the fire hydrant available on the market today.
Mueller Systems is the sole source of the Mi.Net System and no other company or firm sells or distributes
directly to The City of Fayetteville Arkansas. Competition in providing many of the Mi.Net System
products are precluded by the existence of multiple patents and patents pending. As a few examples:
• US Patent: 9291502 — Acoustic Leak Sensor in a Fire Hydrant
• US Patent: 8660134 — Systems and Methods for Time -Based Hailing of Radio Frequency Devices
• US Patent: 8833390 — Remote Disconnect Water Meter
• US Patent: 8047072 — Composite Water Meter with Metal Threads
• US Patent: 8994551 — Systems and Methods for Remote Utility Metering and Meter Monitoring
• US Patent: 6453247 — PC Multimedia -Based Leak Detection System for Water Transmission Pipes
• US Patent: 8931505 — Infrastructure monitoring devices, systems, and methods
There are no other like System's available for purchase that would serve the same purpose or function
and there is only one price for the Mi.Net System because of exclusive distribution and marketing rights.
Mueller Systems provides Smart Metering solutions to optimize the delivery and use of water.
Municipalities that supply water need innovative ways to increase efficiencies, reduce costs, conserve
water, and improve customer service.
For more than 150 years, the most practical, respected and intuitive products in the water industry have
been built by the company now known as Mueller Systems.
Sincerely,
lmQ/v! A0111711__�
Matt Thomas
District Manager
SOLE SOURCE JUSTIFICATION
PURPOSE:
This form, with one or more categories completed, must accompany purchase requisitions for the
sole source procurement of equipment, services or supplies exceeding $1000 (purchased from State
Contract venders excepted), The purpose of sole source justification is to show that competitive
bidding is impractical because only one product or service provider can meet a specific need.
Therefore, an equitable evaluation of comparable products or services must be made and
documented by the requester who shows that rejection of other products or services is based solely
on their failure to meet that need. In cases where no other comparable source can be identified, a
technical description of the product requested and a listing of those companies which were
considered as alternative sources must be provided. Quality can be a subjective evaluation based
upon opinion. Municipal (public) procurement law requires price considerations be evaluated via
competitive quoting or bidding.
While all sole source justifications are subject to review, sole source justified purchases of
$20,000.00 or more must be publicly bid or a bid waiver approved by Council. Justifications must
contain clear, in-depth, and accurate information in order to avoid protests and the possibility of
delaying the procurement.
INSTRUCTIONS:
1. Please type or print legible in ink.
2, Complete all categories and sections that apply.
3. Provide full explanation, complete descriptions, and/or list all relevant reasons where space
has been provided. Sole Source Justification forms lacking sufficient detail cannot be
approved.
4. Sign and date the form in the space provided for "signature".
5. Improperly completed, and/or unsigned forms will be returned to the sender.
TO:
FROM:
SUBJECT:
Purchasing Division
Jeff Mincy
Mark Rogers
Names of Requisitioner and Dept
Sole Source Justification
Purchase Requisition
Proposed Vendor Mueller Systems
Date: si14116
Dept: Water & Sewer
Head
(attached)
Product Description Mueller Mi,Echo Leak Detection system for Water Distribution
STATEMENT
I am aware that Fayetteville Code of Ordinances, Title III Administration, Chapter 34, Article II
mandates that the procurement of services, materials, equipment and supplies be via competitive
quotes whenever the amount is over $1,000.00. However, I am requesting sole source procurement
based on the following criteria. (Attach additional sheets as necessary):
1. The requested product is an integral repair part or accessory compatible with existing
equipment. (please state the manufacturer and model number of existing equipment):
The Mueller Mi.Echo automated leak detection system will be installed along a section of Water distribution main.
The system nodes are compatible with the Mueller Centurion A-423 fire hydrants in use within the
City of Fayetteville water distribution system.
2. The requested product has special design/performance .features which are essential to my
needs.
Bath A and B portions of this category must he completed.
A. These features are:
The Mueller Infrastructure System (Mi.Net) links water meters, Mi.Echo leak detection sensors,
and other control devices in an efficient wireless network for real-:ime access_ This smart, migratable solution
provides the ultimate in flexibility and scalability for water utilities.
B. In addition to the product requested, I have contacted other suppliers and
considered their product of similar capabilities. I find their product unacceptable
for the following reasons (identify companies contacted, individuals contacted,
model number and specific technical deficiency).
There are no other like System's available for purchase that would serve the same purpose or function
and there is only one price for the MI.Net System because of exclusive distribution and marketing rights.
3. 1 have standardized the requested product/service; the use of another
would require considerable time and money to evaluate.
Explain
4. The requested product is one which T (or my staff) have specialized training and/or
extensive experience. Retraining would incur substantial cost in money and/or time.
Explain: T
5. Please consider sole source approval for this reason(s) (e.g. trade-in allowance;
availability of services, parts and maintenance; product is a prototype; inventory of parts
are maintained, etc.);
Mueller systems has provided a substantial Pilot pricing discount of-$25,400.00 from the subtotal of $52,385.00
leaving a balance due of $26.985.00 for this purchase.
Authorization:
Full Name and Title of lZequisitioner Jeff Mincy -Lead Warehouse Attendant
(typed or printed in ink)
Signature \ 1,0 Date 9/14/16
Full Name of Division mead Mark Rogers -Operations Manager
cf✓ (typed or printed in ink)
Signature Date 09/14/2016
NORTHWESTARKANsAs
Democrat
.0, 3.3 �) _� .' 'z, �T:Ji f,.. t`.^2 -'rlF ... "F;_�', € 1„ °L"it"•r'i �e `. ..1 ...,.f.-
AFFIDAVIT OF PUBLICATION
I Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of -
CITY OF FAYETTEVILLE
Ord. 5916
Was inserted in the Regular Edition on:
October 27, 2016
Publication Charges: $ 94.90
Karen Caler
Subscribed and sworn to before me
This ( day of �D f , 2016.
(a -
Notary Public
My Commission Expires:
CATHY WILES
Arkansas - Benton County
Notary Public - Comrn;r 123 7118 �?
i My Commission E pins f=eb 202024
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 5916
File Number: 2016-0447
MUELLER SYSTEMS, LLC:
AN ORDINANCE TO WAIVE THE
REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND
AUTHORIZE THE PURCHASE OF A
LEAK DETECTION SYSTEM PILOT
PROGRAM FROM MUELLER
SYSTEMS, LLC IN THE AMOUNT OF
$26,985.00.
WHEREAS, the City has implemented a
leak detection program to reduce the
amount of unmetered water loss in the
City's water distribution system and staff
recommends that the City Council
approve the purchase and implementation
of an automated leak detection system
pilot program to compare its effectiveness
to other measures the City has taken; and
WHEREAS, the Mueller Mi.Echo Leak
Detection System is the only automated
leak detection system compatible with the
Mueller fire hydrants in use within the
City's water distribution system and
Mueller Systems, LLC is the only
distributor of that system.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
finds that such circumstances constitute
an exceptional situation where
competitive bidding is deemed not
feasible or practical, and therefore waives
the requirements of formal competitive
bidding and authorizes the purchase of an
automated leak detection system pilot
program from Muller Systems, LLC in the
amount of $26,985.00.
PASSED and APPROVED on 10/18/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73902557 Oct. 27, 2016
RECEIVED
Nov 03 2016
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Tim Nyander
Submitted By
�A z I Iie'y 8 y ekC'n-6 , u e ,
,
a 4 � U lP_a �c-4ior� � p
City of Fayetteville Staff Review Form
2016-0661
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/16/2016 Utilities Director /
_ Utilities Department
Submitted Date Division / Department
Action Recommendation:
APPROVAL AND SIGNATURE OF AN AGREEMENT WITH MUELLER SYSTEMS, LLC FOR USE OF HOSTING SOFTWARE
AND SUPPORT ASSOCIATED WITH LEAK DETECTION EQUIPMENT PURCHASED IN 2016
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number
Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? NA Budget Adjustment $ -
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution # Ord. 5916
Original Contract Number:
Comments:
Approval Date: [ a - a rl - I t,
CITY OF
T,ave edi,e
ARKANSAS
TO: Mayor Lioneld Jordan
FROM: Tim Nyander, Utilities Director T�
DATE: December 15, 2016
STAFF MEMO
SUBJECT: Agreement with Mueller Systems, LLC to use their Mi.Net Leak Detection
Software
RECOMMENDATION:
Staff recommends the approval and signature of an Agreement between the City and Mueller
Systems, LLC to allow use of their Leak Detection software with the Leak Detection equipment
purchased by the Utilities Department in 2016.
BACKGROUND:
The Utilities Department purchased a Leak Detection Pilot Program in October 2016, approved
by Ordinance 5916. Purchase Order 2016-00000546 was issued on October 27, 2016 in the
amount of $29,616.04 to purchase the pilot program from Mueller Systems, LLC. The Leak
Detection Pilot Program included the leak detection equipment nodes and data collector that the
City will permanently own after the pilot program is complete.
DISCUSSION:
The Agreement will allow the City to use the Mi.Net software system, which will work with the
existing leak detection system. The software communicates with the data collector and hosts
the data that comes from the leak detection system. Mueller Systems, LLC will also provide
support for the software as part of the agreement. The software will have an annual cost of
approximately $4,250.00 in future years, but is included with the Leak Detection Pilot Program
purchased in 2016.
BUDGET/STAFF IMPACT:
The software was previously budgeted for in 2016.
Attachments:
Staff Review Form
Agreement
Ordinance 5916
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
MUELLER SYSTEMS
MASTER AGREEMENT
THIS MASTER AGREEMENT (this "Agreement") is entered into this Z q day of
between MUELLER SYSTEMS, LLC, a Delaware limited liability corporation having its
principal offices at 10210 Statesville Blvd, Cleveland, North Carolina 27013 (referred to in this Agreement
as "Provider"), and Fayetteville. Arkansas , a City having its
principal offices at 113 West Mountain Street Fayetteville AR 72701 (referred to in this Agreement as
"Customer"). This Agreement governs the sale by Provider and the purchase by Customer for its own use
and not for resale of, as applicable, Equipment, Software, Documentation and other items related to
advanced metrology infrastructure systems . In consideration of the mutual obligations set forth in this
Agreement, Customer and Provider agree as follows:
DEFINITIONS.
a. "Content" means the information
developed or legally acquired by Customer
which may be used in connection with or
accessed by any module of the Software.
b. • "Documentation" means the user
guides, reference manuals, and installation
materials provided by Provider to Customer
related to the Software and Equipment.
C. "Equipment" means the components,
devices, products, equipment and related items
provided by Provider identified in Appendix A.
d. "Services" means activities related to
deployment and installation services, repair
services, hosting services and technical
support/maintenance services as identified in
Appendix B.
C. "Software" means the object code
versions of the Provider's software identified in
Appendix A, together with all subsequent
authorized updates, replacements, modifications
or enhancements.
2. SOFTWARE
a. License. Provider hereby grants to
Customer, a limited, non-exclusive;
nontransferable license (without the right of
sublicense) to, in connection with the
Equipment, use, install, run, execute, display
and, subject to the restrictions described below;
duplicate and distribute internally, the Software
and Documentation solely for Customer's
internal information management and processing
purposes.
b. Restrictions. Except as specifically and
expressly permitted in writing by Provider,
Customer shall not (i) violate any restriction set
forth in this Agreement; (ii) modify, translate,
de -compile, reverse compile, disassemble, or
Host — 08.14
create or attempt to create, by reverse
engineering or otherwise, the source code from
the object code of the Software; (iii) adapt the
Software in any way for use to create a
derivative work; (iv) include or combine the
Software in or with any other software; or (v) use
the Software to provide processing services to
third parties or on a service bureau basis. Except
as expressly permitted in this Agreement,
Customer may not copy the Software other than
to make one machine readable copy for disaster
recovery or archival purposes. Customer may
only make copies of Documentation as
reasonably necessary for the use contemplated
herein and with proper inclusion of Provider's
copyright notices.
C. I Ownership. This Agreement does not
grant to Customer any ownership interest in the
Software or Documentation. Customer has a
license to use the Software and Documentation
as provided in this Agreement. Customer hereby
agrees and acknowledges that Provider owns all
right, title; and interest in the Software and
Documentation, and Customer will not contest
those rights or engage in any conduct contrary to
those rights. Any copy, modification, revision,
enhancement, adaptation, translation, or
derivative work of or created from the Software
and Documentation made by or at the direction
of Customer shall be owned solely and
exclusively by Provider; as shall all patent rights,
copyrights, trade secret rights, trademark rights
and all other proprietary rights, worldwide.
d. Reservation. Provider reserves all rights
not specifically granted under this Agreement.
3. EQUIPMENT In consideration of
the fees set forth in Appendix D of this
Agreement, Provider will provide the Equipment
identified in Appendix B.
4. SERVICES In consideration of
the fees set forth in Appendix D of this
Agreement, Provider will provide the Services
identified in Exhibit B.
5. CONFIDENTIALITY The
Software, Equipment and Documentation,
including any ideas, concepts, know-how and
technology contained therein, shall be considered
the proprietary and confidential information of
Provider and, as such, shall be subject to the
confidentiality provisions of this Agreement. If a
separate, written non -disclosure agreement exists
between Provider and Customer, such agreement
will control and will apply according to its terms
and conditions to all confidential information the
parties exchange with each other. If no separate,
written non -disclosure agreement exists between
Provider and Customer, the terms listed in
Appendix C will apply to the confidential
information the parties exchange with each other.
FEES AND PAYMENT
a. Software Fees. Customer shall pay
the Software fees set forth in Appendix D of this
Agreement.
b. Equipment Fees. Customer shall pay
the Equipment fees set forth in Appendix D of
this Agreement. Title to the Equipment, except
the Software and Documentation that are subject
to licenses provided in this Agreement, passes
from Provider to Customer when Provider ships
the Equipment.
C. Service Fees. Customer shall pay
the Service fees set forth in Appendix D of this
Agreement.
d. Taxes. All prices and fees are in U.S.
dollars unless otherwise specified. All amounts
payable under this Agreement are exclusive of
all sales, use, value-added, excise, property,
withholding, and other taxes and duties.
Customer will pay all taxes and duties assessed
by any authority in connection with this
Agreement and with Customer's performance
hereunder. Customer will promptly reimburse
Provider for any and all taxes or duties that
Provider may be required to pay in connection
with this Agreement or its performance. This
provision does not apply to taxes based on
Provider's income, or any taxes for which
Customer is exempt, provided Customer has
furnished Provider with a valid tax exemption
certificate.
Host — 08.14
e. Payment. Unless provided
otherwise herein, Customer agrees to pay all
amounts specified in Appendix D or otherwise
due under this Agreement within thirty (30) days
after the date of invoice. Past due amounts will
shall bear interest from the due date until paid at
a rate of (i) one and one-half percent (1.5%) per
month or (ii) the maximum rate permitted by
law, whichever is less. All payments made under
this Agreement shall be nonrefundable, except as
specifically provided otherwise in this
Agreement.
TERM; TERMINATION
a. Term. The term of this Agreement is
one (1) year commencing upon the date of this
Agreement. This Agreement will automatically
renew for subsequent, successive one (1) year
periods at the then current Provider prices unless
either party gives the other party written notice
of its intent to not renew at least thirty (30) days
prior to the expiration of the then current term.
Provider may increase support fees at any time
on thirty (30) days prior notice to Customer.
Within such thirty (30) days, Customer may
terminate the Agreement by providing written
notice to Provider.
b. - Termination for Breach. If either
party breaches this Agreement, and such breach
is not cured within ten (10) days of the breach,
after receiving written notice, the non -breaching
party may terminate this Agreement, including
all licenses provided herein, effective upon
written notice to the other party. The breaching
party agrees that if it breaches this Agreement,
the non -breaching party will be entitled to
injunctive or similar equitable relief and that the
breaching party will not argue in any proceeding
that its breach will not cause irreparable harm to
the non -breaching party or that the non -
breaching party can be adequately compensated
for any such harm by any remedies other than by
injunctive relief.
C. Effect of Termination. Termination
of this Agreement shall have the effect
designated in Appendix B.
d. Non -Exclusive Remedy. Termination
of this Agreement or any license granted
hereunder shall not limit the remedies otherwise
available to either party, including injunctive
relief.
e. Survival. Unless otherwise
stated herein, any provision that, by its nature or
terms, is intended' to survive the expiration or
termination of this Agreement, will survive.
8. LIMITED WARRANTIES; REMEDIES
a. Software. Subject to the
exclusions herein, including those in Appendix
A. Provider warrants that commencing from the
date of shipment to Customer and continuing for
the period set forth in Appendix A (the
"Warranty Period"), (i) the media on which the
Software is furnished will be free of defects in
materials and workmanship under normal use;
and (ii) the Software will perform substantially
in conformance with the applicable
Documentation provided to Customer by
Provider. Provider does not warrant that the
Software will operate in combinations with other
software, except as. specified in the
Documentation, that the Software will meet the
Customer's requirements or that the operation of
the Software will be uninterrupted or error -tree.
Customer assumes responsibility for taking
adequate precautions against damages which
could be caused by defects; interruptions or
malfunctions in the Software or the hardware on
which .it is installed. Provider's entire obligation
and Customer's exclusive remedy with respect to
the Software warranties set forth above shall be,
at Provider's . option; to either (x) repair or
replace any Software containing an error or
condition which is reported by Customer in
writing to Provider which causes the Software
not to conform with the warranty set forth
herein; or (y) refund a pro rated amount paid by
Customer to Provider and terminate this
Agreement and all licenses provided herein.
b. Services. Provider warrants that all
services provided by it to Customer under this
Agreement shall be performed in a workmanlike
manner. Provider's entire obligation and
Customer's exclusive remedy with respect to the
Service warranties set forth above shall be the re -
performance of the applicable non -conforming
Service.
C. Equipment. Subject to the exclusions
herein, including those in Appendix A, Provider
warrants to Customer that the Equipment will be
free from defects in material and workmanship
for the periods specified in Appendix A. Claims
under this Section will be considered if
submitted to Provider within sixty (60) days
Host — 08.14
following the discovery of any defect covered by
this Section and provided Provider or its agents
are permitted a commercially reasonable
opportunity to examine and analyze the material
or workmanship claimed to be defective.
Provider's entire obligation and Customer's
exclusive remedy with respect to the Equipment
warranties set forth herein, at Provider's option,
is repair or replacement of any Equipment found
defective during the applicable warranty period
after such Equipment is properly packaged and
returned prepaid to Provider's designated service
center.
d. Costs. Any and all costs associated with
uninstalling and shipping defective Equipment
and Software and installing replacement
Equipment and Software will be the
responsibility of Customer. Customer agrees to
furnish Provider reasonable access to such
Equipment and Software. During the warranty
prior for infrastructure type products list as
Hardware or Software in Appendix A, Provider
will pay any and all costs associated with
installations and shipping of defective
Equipment and Software.
e. Exclusions. The warranties provided by
Provider shall not.apply to Equipment and/or
Software which: (i) have been altered, except
with the express written consent, permission or
instruction of Provider, (ii) have been used in
conjunction with another product resulting in the
defect, except for those third party products
specifically approved by Provider, (iii) were
other than the most current version of the
Software (but only to the extent that any failure
of the Software would have been avoided by the
use of the most current version), (iv) have been
damaged by improper environment; abuse,
misuse, accident, negligence, act of God,
excessive operating conditions, or unauthorized
attachments or modifications, (v) have not been
properly installed and operated in accordance
with the Documentation, or as otherwise
instructed by Provider, or (vi) any other
exclusion set forth in any Appendix hereto.
F. DISCLAIMERS. TO THE EXTENT
PERMITTED BY APPLICABLE LAW, THE
WARRANTIES AND REMEDIES STATED
ABOVE ARE EXCLUSIVE AND NO OTHER
WARRANTIES OR REMEDIES EXPRESS,
IMPLIED OR STATUTORY, APPLY TO THE
DOCUMENTATION, THE SOFTWARE, THE
EQUIPMENT OR ANY SERVICES TO BE
PROVIDED BY PROVIDER UNDER THIS
AGREEMENT, INCLUDING BUT NOT
LIMITED TO WARRANTIES OR
CONDITIONS OF TITLE, NON -
INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
QUALITY OR PERFORMANCE, AND ANY
IMPLIED WARRANTY ARISING FROM
COURSE OF PERFORMANCE, COURSE OF
DEALING OR USAGE OF TRADE, ALL OF
WHICH PROVIDER EXPRESSLY
DISCLAIMS.
9. INDEMNIFICATION Provider will
indemnify and defend Customer from any third
party claim that the Software and Equipment
infringe on another person's or company's
patent, copyright or other intellectual property
right as specified in this Section. This indemnity
does not cover and specifically excludes (a)
intellectual property rights recognized in
countries and jurisdictions other than the United
States, and (b) claims relating to third party
products and software. Provider has no
obligation under this Section for any claim to the
extent it results from or arises out of Customer's
modification of the Equipment or Software or
from any combination, operation or use of the
Software or Equipment with other third party
products or services. Provider's • duty to
indemnify under this Section is contingent upon
Provider receiving prompt notice of a claim and
Provider's right to solely control resolution of a
claim. Customer's sole remedy for an
indemnified claim under this Section is as
follows: Provider will; at its expense and in its
discretion either (a) resolve the claim in a way
that permits Customer's continued ownership
and use of the affected Software and Equipment,
(b) provide a comparable; non -infringing
replacement at no cost to Customer, or (c) accept
return of the Software and Equipment, provide a
reasonable depreciated refund and terminate this
Agreement and all licenses herein. This Section
is the exclusive statement of Provider's liability
and responsibility for indemnifying Customer for
infringement of intellectual property rights
10. LIMITATION OF LIABILITY
a. IN NO EVENT WILL PROVIDER BE
LIABLE FOR ANY LOSS OF PROFIT OR
OTHER COMMERCIAL DAMAGE,
INCLUDING BUT NOT LIMITED TO
SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR OTHER INDIRECT DAMAGES UNDER
Host — 08.14
ANY CAUSE OF ACTION ARISING OUT OF
OR RELATING TO THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION,
CLAIMS ARISING FROM MALFUNCTION
OR DEFECTS IN THE SOFTWARE OR
EQUIPMENT. THESE LIMITATIONS WILL
APPLY FOR ANY CLAIMS, INCLUDING
WITHOUT LIMITATION, CONTRACT,
TORT (INCLUDING NEGLIGENCE) AND
STRICT LIABILITY EVEN IF PROVIDER OR
ITS REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. PROVIDER'S MAXIMUM
LIABILITY HEREUNDER IS EXPRESSLY
LIMITED TO THE TOTAL AMOUNT PAID
FOR THE SOFTWARE, SERVICES, AND
EQUIPMENT IN THE IMMEDIATELY
PRECEDING TWELVE (12) MONTHS AND
WILL UNDER NO CIRCUMSTANCE
EXCEED THE AMOUNT PAID BY
CUSTOMER IN THE IMMEDIATELY
PRECEDING TWELVE (12) MONTHS FOR
THE - SOFTWARE, SERVICES AND
EQUIPMENT PROVIDED BY PROVIDER
UNDER THIS AGREEMENT. Some states do
not allow the limitation and/or exclusion of
liability for incidental or consequential damages,
so the above limitation may not apply.
b. The provisions of this Agreement
allocate the risks between Customer and
Provider. Provider's pricing reflects this
allocation of risk and the limitations of liability
specified herein.
8. NOTICE. All notices required to
be given hereunder shall be in writing. Notice
shall be considered delivered and effective upon
receipt when sent by registered or certified mail,
return receipt requested; addressed to the parties
as set forth above. Either party; upon written
notice, may change any name or address to
which future notice shall be sent.
IL GENERAL. The Software will not
be exported or re-exported in violation of any
export provisions of the United States or any
other applicable jurisdiction. The rights and
obligations of this Agreement are personal rights
granted to the Customer only. The Customer
may not transfer or assign any of the rights or
obligations granted under this Agreement to any
other person or legal entity. Any such purported
transfer or assignment shall be null and void.
Provider will be free of liability to the Customer
where Provider is prevented from executing its
obligations under this Agreement in whole or in
part due to force majeure, such as earthquake,
typhoon, flood, fire, and war or any other
unforeseen and uncontrollable. Any modification
or amendment to any of the provisions of this
Agreement will be in writing and signed by an
authorized officer of each party. This Agreement
does not create or imply any relationship in
agency or partnership between the parties.
Headings are inserted for the convenience of the
parties only and are not to be considered when
interpreting this Agreement. The validity of this
Agreement and the rights, obligations, and
relationship of the parties resulting from same
will be interpreted and determined in accordance
with the law of the State of T6xas, and applicable—
federal law, without regard to its choice of law
provisions. The parties specifically exclude from
application to the Agreement the United Nations
Convention on Contracts for the International
Sale of Goods and the Uniform Computer .
Information Transactions Act. If any.provision
of this Agreement is contrary to and in violation
of any applicable law, such provision will be
considered null and void to the extent that it is
contrary to such law, but all other provisions will
remain in effect. The waiver or failure of either"
- party to -exercise any right -herein shall not
deemed a waiver of any further right hereunder. _.
This Agreement constitutes the entire agreement
between the'.parties with respect to the subject...,
matter hereof and supersedes all other prior and . _... _ .
contemporary agreements, understandings, and
commitments between the parties regarding the
subject matter of this Agreement.
[Signature Block Follows]
EACH PARTY ACKNOWLEDGES THAT IT
HAS READ THIS AGREEMENT,
UNDERSTANDS 1T, AND AGREES TO BE
BOUND BY ITS TERMS AND CONDITIONS.
Provider f
By: Al
K. Anita Short
Name (Print or Type)
12/19/16
Date
Host — 08.14 5
Name (Print or Type)
Mcu oK
Title
/a-z7-/`�
Date
Appen_ dix A
Software / Equipment
1. AMR / AMI Products I:
Software — Mi.Host, Mi.Data„ Mi.Echo, EZReader and other software products are covered by a one (1) year warranty on material and
workmanship and shall perform substantially as described with Provider then current Documentation.
Hardware — Mi.Node electric (Smart Meter), Mi.Hub Data Collector, Street Machine RF Receiver, Pit Stop handheld receivers, TRuReadTM
remotes, laptops PC's, Server Hardware and all other peripheral electronic products are covered by a one (1) year warranty on material and
workmanship.
Radio Modules — Mi.Node Water Modules and Hot RodTM Modules are covered by a ten (10) year warranty on material and workmanship.
Additionally, Mi.Node Water Modules and Hot RodTM Modules are covered by a prorated warranty for years eleven (I I ) through fifteen (15) at a
fifty -percent (50%) discount, years sixteen (16) through twenty (20) at a twenty -five -percent (25%) discount. Mi.Hydrant Repeater Transceivers
and Mi.Echo loggers are covered by a ten (10) year warranty on material and workmanship. 420RDM (Remote Disconnect Valve) are covered by
a five (5) year warranty on material and workmanship. Additionally, the unit is covered by a prorated warranty for years six (6) through ten (10) at
a fifty -percent (50%) discount. All prorated warranty credit listed will apply to list pricing in effect at the time of the return.
Encoder Register Products — Hersey TranslatorTM Encoder Registers, Hersey SSR Solid -State Registers, Wall Pads and Pit Pads are covered by a
ten (10) year warranty on material and workmanship. Additionally, the complete unit is covered by a prorated warranty for years eleven (I 1)
through fifteen (15) at a fifty -percent (50%) discount, -years sixteen (16) through twenty (20) at a twenty -five -percent (25%) discount. The
prorated warranty credit listed will apply to list pricing in effect at the time of the return.
2. Water Metering Products:
Models 400, 500, MVR, RFM, FM3, HM, and HbMag cold -water meters and detector check models, EDCIV are covered against defects in
material and workmanship for a period of one (1) year from the date of installation.
Main cases for the above listed meters are guaranteed to be free from defects in material and workmanship for a period of twenty-five (25) years
from the date of installation.
Standard Registers for the above listed meters are guaranteed to be free from defects in material and workmanship for a period of fifteen (15)
years from the date of installation.
Models 400 and 500 meters are guaranteed to perform to AWWA new meter accuracy standard as defined in the most current revision for a period
of five (5) years from the date of installation.
Models MVR, RFM, FM3, HM and HbMag meters are guaranteed to perform to AWWA new meter accuracy standard as defined in the most
current revision for a period of one ( I ) year from the date of installation.
Models 400 and 500 meters are guaranteed to perform to AWWA repaired meter accuracy standards for the following time periods:
5/8" — Fifteen (15) years from the date of installation, or the registration of 1,750,000 U.S. gallons, whichever comes first;
3/4" — Fifteen (15) years from the date of installation, or the registration of 2,000,000 U.S. gallons, whichever comes first;
I"— Fifteen (15) years from the date of installation, or the registration of3,000,000 U.S. gallons, whichever,comes first;
1-1/2" — Fifteen (15) years from the date of installation, or the registration of 5,500,000 U.S. gallons, whichever comes first:_
2" — Fifteen (15) years from the date of installation, or the registration of 8,500,000 U.S. gallons, whichever comes first.
If the above listed meters do not perform as specified, Provider will repair or replace them, at Provider's option, subject to the following:
a) Provider shall be determined to not be performing as guaranteed if it fails to pass an accuracy test, conducted by the customer according to
AWWA standards. If the meter is inoperative because of foreign material, all such material must be removed prior to testing. A copy of the
customer's test results must accompanythe Hersey meter being returned. If the customer chooses not to test a Hersey meter before returning
it, Provider will repair or replace the met
er at Provider's option after the meter has been tested by Provider. When test is conducted by
Provider, the customer will be charged a reasonable testing fee.
I Unless otherwise expressly stated herein, all warranty terms are provided from the date of this Agreement
08.14
Appendix B
Services
Softvare Services and Support Obligations
a. "Update" to the Software means a subsequent release of the Software that Provider makes
generally available to its current customers for the Software. Updates include changes and corrections to the
Software as are required to keep the Software in substantial conformance with the applicable Documentation and
that are cleated by Provider as corrections for defects in the Software. Updates shall not include any release, option
or future product that Provider licenses separately. Provider shall in its sole discretion determine the nature, content,
timing and release of any Updates.
b. Web -based support, consisting of information on the most current release of the Software through
Provider's web site-_
C.
--.- .
c. Phone support in the form of advice and counsel via telephone regarding Customer's use of the
most current release of the Software; as well as Customer's connectivity and ability to access Content. Phone
Support shall be provided from 8:00 AM to 5:00 PM (Eastern Standard Time); Monday through Friday, exclusive of
holidays observed by Provider.
2. Sofhvare Hosting Services
a. Except as specifically permitted in this Agreement, Customer shall have web -based access the
Software hosted by Provider pursuant to this Agreement.
b. -.. Provider.shall provide Customer with access and related. hosting services to the Software installed
on Provider's servers. Provider will also install the Content provided by Customer. Provider will define the
appropriate.performance.specifications and.will host the.seiwer.at a.Provider's location. Provider will monitor and
-perform robtine-rriaintenance on the-servee, and if the servef -is not operating properly, will make a good faith effort
to operate Customer's. system on a;backup server, if available: access to Customer's server is restricted to authorized
Provider information technology and support personnel only. Differential and full server backups are performed
when reasonably practicable-
C. - Customer shall be responsible for installing; operating and maintaining the equipment, software,
and/or facilities'at Customer location recommended by Provider -for- effective access to and use of the Software
installed on the Provider. server. Customer shall be responsible for providing and maintaining its own Internet
access and all necessary telecommunications equipment at Customers location- necessary for accessing the
Software.
d. Upon termination, for any reason, of the Agreement or any licenses) granted herein, Provider
shall immediately cease providing access to the Software and Hosting Services. Customer shall (i) immediately stop
access and use of all.such Provider confidential information (including -Software); (ii) shall return all copies of the
Software, Documentation, and any Provider confidential information to Provider; and (iii) delete all Software,
Documentation, and other confidential information off of any and all storage media possessed or controlled by
Customer. Customer shall provide Provider with written certification signed by an officer of Customer that
Customer has complied with the provisions of this Section. Customer shall immediately pay all amounts due to
Provider.
r
Host — 08.14
Appendix C
Confidential Information
For purposes of this Attachment, "party" or "parties" shall mean Provider and Customer, including their respective
subsidiaries and affiliates who are providing information under this Agreement. The parties agree to maintain
confidential information as follows:
l . Definition of Confidential Information. The parties understand and agree that confidential information is
any and all current and future Equipment, Documentation and/or Software information, roadmap, technical or
financial information, customer names, addresses and related data, contracts, practices, procedures and other
business information, including software reports, strategies, plans, documents, drawings, machines, tools, models,
patent disclosures, samples, materials and requests for proposals that may be disclosed between the parties, whether
written, oral, electronic or otherwise, however and wherever acquired ("Confidential Information"). Confidential
Information excludes any information which would otherwise fall in the definitions above, but which was (a) known
to the recipient of the information ("Recipient") before receipt from the disclosing party; (b) publicly available
through no fault of Recipient; (c) rightly received by Recipient from a third party without a duty of confidentiality;
(d) disclosed by disclosing party to a third party without a duty of confidentiality on the third party; (e)
independently developed by Recipient without breach of this or any other confidentiality agreement; or (f) disclosed
by Recipient after prior written approval from the disclosing party.
2. Obligations of Confidentiality and Remedies. Recipient agrees to protect the disclosing party's
Confidential Information with the same degree of care, but no less than a reasonable degree of care, as Recipient
uses with respect to its own Confidential Information. Neither party has any obligation to exchange Confidential
Information. Both parties acknowledge and agree that the disclosure of the other party's Confidential Information
could cause irreparable harm. Therefore, an injured party is entitled to applicable equitable relief, including
injunctions, in addition to other remedies, for such wrongful disclosure of Confidential Information. In addition,
disclosure of Confidential Information required by a government body or court of law is not a violation of this
Section if the Recipient gives prompt notice of the required disclosure to the disclosing party.
3. "rerm of Confidentiality Obligations. Recipient's duty to protect Confidential Information expires three (3)
years from the date of disclosure of the particular Confidential Information.
No Warranties on Confidential Information. Neither party warrants or guarantees the accuracy of any
Confidential Information transferred between the parties.
Host — 08.14
Appendix D
Annual Fees
Annual MiEcho Software
Retail Price
(Hosted) (Hosted Services)
(Annual Cost)
Number of Loggers:
1—
100—
100
1,000
Mi.Host AMI Software for Water System
$3,500
$9,600
Annual Hardware Maintenance
Part Number
Retail Price
'Mi.Hub Collector maintenance per year
MS-G-M-YR
$750
C
Pricing Effective 01/11/2016
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5916
File Number: 2016-0447
MUELLER SYSTEMS, LLC:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
AUTHORIZE THE PURCHASE OF A LEAK DETECTION SYSTEM PILOT PROGRAM FROM
MUELLER SYSTEMS, LLC IN THE AMOUNT OF $26,985.00.
WHEREAS, the City has implemented a leak detection program to reduce the amount of unmetered water
loss in the City's water distribution system and staff recommends that the City Council approve the
purchase and implementation of an automated leak detection system pilot program to compare its
effectiveness to other measures the City has taken; and
WHEREAS, the Mueller Mi.Echo Leak Detection System is the only automated, leak detection system
compatible- with the Mueller fire hydrants in use within the City's water distribution system and Mueller
Systems, LLC is the only distributor of that system: -
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby finds that such
circumstances constitute an exceptional situation where competitive bidding is deemed not feasible or
practical, and therefore waives the requirements of formal competitive bidding and authorizes the purchase
of an automated leak detection system pilot program from Muller Systems, LLC in the amount of
$26,985.00.
PASSED and APPROVED on 10/18/2016
Page 1 Printed on 10/19116
Ordinance: 5916
File Number 2016-0447
Attest:
r
lit
Sondra E. Smith, City Clerk TrBK�:
• Go Y c�F •.,Cr;��
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Page 2 Printed on 10119118
f City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Text File
File Number: 2016-0447
Agenda Date: 10/18/2016 Version: 1 Status: Passed
In Control: City Council Meeting , File Type: Ordinance
Agenda Number: C. 1
MUELLER SYSTEMS, LLC:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL .COMPETITIVE BIDDING
AND AUTHORIZE THE PURCHASE' OF A LEAK DETECTION SYSTEM PILOT PROGRAM
FROM MUELLER SYSTEMS, LLC IN THE AMOUNT OF $26,985.00
WHEREAS, the City has implemented a leak detection program to reduce the amount of unmetered
water loss in the City's water distribution system and staff recommends that the City Council approve
the purchase and implementation of an automated leak detection system pilot program to compare its
effectiveness to other measures the City has taken; and
WHEREAS, the Mueller Mi.Echo Leak Detection System is the only automated leak detection system
compatible with the Mueller fire hydrants in use within the City's water distribution system and Mueller
Systems, LLC is the only distributor of that system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby finds that such
circumstances constitute an exceptional situation where competitive bidding is deemed not feasible or
practical, and therefore waives the requirements of formal ' competitive bidding and authorizes the
purchase of an automated leak detection system pilot program from Muller Systems, LLC in the amount
of $26,985.00.
City o1 Fayetteville, Arkansas Page 1 Printed on 10/1912016
City of Fayetteville Staff Review Form
2016-0447
'-egist;ar file iD
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 9/28/2016
Water & Sewer Maintenance /
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends passing an Ordinance to waive the requirements of formal competitive bidding and authorize
the purchase of a Leak Detection Pilot Program from Mueller Systems LLC in the Amount of $26,985.00.
Budget Impact:
540.0.720.1840-5801.00 Water & Sewer
Account Number Fund
13019.1 W/S Equipment Expansion
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Project Title
$ 420,081.00
$ 123,000.00
i $ 26,985.00
Remaining Budget
V20140710
Previous Ordinance or Resolution q
Original Contract Number:
Comments:
Approval Date:
CITY OF
T e _ 1 e.
ARKANSAS
MEETING OF OCTOBER 18, 2016
TO.: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
THRU: Mayor Lioneld Jordan
Don Marr, Chief of Staff
Fayetteville Water and Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: September 28, 2016
SUBJECT: Ordinance to waive the requirements of formal competitive bidding and authorize
the purchase of a Leak Detection Pilot Program from Mueller Systems LLC in the
Amount of $26,985.00
RECOMMENDATION:
Staff recommends passing an Ordinance to waive the requirements of formal competitive
bidding and authorize the purchase of a Leak Detection Pilot Program from Mueller Systems
LLC in the Amount of $26,985.00.
BACKGROUND:
Fayetteville continues with our leak detection program to reduce the amount of unmetered water
loss. We have done contracts and continue with in-house staff to survey the system for leaks,
but need to use more measures to identify water leaks.
DISCUSSION:
The Mueller Mi.Echo Leak Detection system that will be permanently installed in the area
roughly bordered by E. Township Street on the north, N. Juneway Terrace on the west, E. Elm
Street on the south, and N. Old Wire Road on the east. The system will continuously "listen" for
frequency changes in the water lines to identify water leaks as they form and increasingly
degrade, until repairs are needed. This system will help us better plan routine work and reduce
emergency repairs on the water system. If this system proves to be effective, it could be
expanded into other areas of the City.
The leak detection system nodes are compatible with the Mueller Centurion A-423 fire hydrants
in use within the City of Fayetteville water distribution system. Mueller is the only company that
offers this leak detection system that would work with the existing hydrants.
BUDGET/STAFF IMPACT:
Funds are available in the Water & Sewer Equipment Expansion Project.
ATTACHMENTS:
Staff Review Form
Mueller MiEcho Leak Detection System - Pilot Proposal
Sole Source Justification Letter from Mueller
Sole Source Justification Form
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
A DIVISION OF Mueller to
r113r SYSTEMS
echolo ICS
Mi.Echo Distribution Leak Detection System Pilot
F'repared for City of Faye'ttaville, AR
Prepa,ed by: Ken Schone
Executive Summary
The City of Fayetteville (Fayetteville) would like to monitor for leaks
within the distribution piping system. Using the Mi.Echo distribution
main leak detection system from Mueller Systems and Echologics,
Fayetteville will be able to monitor leak noise events and locate leaks
within the monitored pilot area.
Mi.Echo combines The Mi.Echo system works on the same technology as the Mueller
Mueller System AMI Systems Mi.Net smart meter AMI communications network.
infrastructure with
Echologics advanced The Mi.Echo automated leak detection system integrates acoustic -
technology. based leak detection technology from Echologics, with the Mi.Net
Mueller infrastructure network. Mi.Net is Mueller Systems' fixed, two-
way AMI network for utilities that fully automates meter readings, and
this latest feature incorporates automated leak detection.
This proposal provides the system description, pricing, and a brief
outline of the technical approach.
Regards,
Ken Schone
iR1�tFA
A DIVISION OF Muellef Co.
System Description
The Mi.Echo automated leak detection system will be installed along
the section of distribution main piping system identified by Fayetteville.
The main component of the Mi.Echo system is the node —a radio
frequency transceiver featuring Echologics' sensors, logger board,
communications hardware, and battery power source.
Figure 1 Mi.Echo node: Designed for installation in 90% of the pumper nozzle
Continuous pipeline caps in North America.
monitoring reduces
the consequences of The Mi.Echo node is housed in a cast-iron or high -density plastic
leaks. enclosure that replaces -the pumper nozzle caps of wet and dry barrel
fire hydrants throughout a utility's service area.
Leak detection is performed by a pair of Mi.Echo nodes in a similar
fashion as the LeakFinderRT correlator. The transceivers collect
acoustic data from pipelines before generating and wirelessly
transmitting files containing the data to the Mi.Net System's host
software component—Mi. Host.
71)
., J
Figure 2 Mi.Echo System: Based on next -generation proven LeakFinderRTTM
technology.
A DIVISION OF [Mueller
System operators can view the locations of leaks to determine
whether or not immediate repairs need to be made, and they can
compare collected data to reports transmitted by other Mi.Echo nodes
to rule out false leak alarms.
Detected leaks can be viewed by utility workers online through the
Mi.Host user interface, which is integrated with ESRI GIS Mapping
software.
rE
9
Figure 3 User Interface: Graphical and visual display of system status
leveraging functionality of Mi.Host.
Information provided
by continuous
monitoring improves Mi.Echo nodes are spaced at a maximum distance of 1,500 feet. The
customer service. number of Mi.Hub data collection units for the pilot area have been
determined based on the completed logger placement study and
network survey. The Mi-Hub data collection units are not limited by
the number of Mi.Echo nodes, but rather by local topography.
A DIVISION of Mueller Co.
Project Description
The Mi.Echo automated leak detection system pilot will be installed within Fayettevilles'
distribution main piping system.
For the purposes of this proposal, 11 Mi.Echo nodes and 1 collector will be provided.
(See attached propagation and logger placement study for target area) The specific
locations of the hydrant nodes and the collector have been determined based on the
completed logger placement study and network propagation study. Some of the factors
that affected the placement of nodes and collector were local topography, elevation of the
Mi.Hub collector, and area density.
Pricing is provided in the Pricing Information section.
Pricing Information
Figure 5 shows pricing for the supply and installation of the Mi.Echo system pilot.
_ .- .............. �. _ _._.-.__-....... .... _ ..
Item
_.............
Est. Qty
_ ._...._.__.._._...._
Sale Price
Total
Mi.Echo acoustic hydrant sensor node with Mi.Net radio
...............__._...___—_.
11
$1,200.00
$13,200.00
Mi.Hub data collector unit
1
$4,290,00
$4,290.00
Mi.Repeater unit
Mi.Host, User Interface Software - leak detection and mapping ..
functionality, <1 k units
1
$9;600.00
$9,600.00
GPRS data backhaul fees
$360.00
$360.00
System Operations Training — Per Day
3
$1,500.00
$4,500.00
Engineering Services, project planning, node and collector
installation and start up
Lot
$20,435.00
$20,435.00
Sub -total
$52,385.00
Special Mi.Echo pilot discount
1
25.A! ;I,[ 0-;?}
MLEcho Distribution Main Leak Detection System
$26,985.00
Figure 5 —Pricing Table valid until October 31, 2016, not including any applicable taxes.
"The price includes installation of the Mi.Echo system. Should any civil works or traffic control be required
for installation, this would be the responsibility of Fayetteville.
*Annual fees:
MiHost - Fee will be no more than listed in price table above if number of loggers remains
below 1000 units. For quantities of 11 to 100, price will be $3,500.00
Cellular Backhaul - $360.00
Collector Maintenance (Optional) - $450.00
A DIVISION OF , �uelll�r Co.
Statement of Work
Mueller Systems and Echologics propose the following technical details critical for the
installation and operation of the Mi.Net AMI System.
Acoustic Survey — Echologics will survey the proposed area to conduct a thorough
acoustic analysis of the piping network and to validate and supplement the data provided
by Fayetteville. Specific hydrants selected for installation of leak detection sensors will be
dependent upon input from Echologics.
Data Backhaul —3G Wide Area Network supported by AT&T will be used as the default
communications to/from the Mi.Hub collector unit(s) and the Mi.Host data server. If
available from the City, fiber or Ethernet connectivity is supported.
Network Installation — The required Mi.Hub Collector is proposed to be installed on the
Water Tower located at 36.096273 Lat &-94.143227 Lon. AC power will provided by
Fayetteville.
Mueller Systems:
1) Cooperate with Utility to identify locations for the Mi.Net infrastructure and the
Mi.Echo nodes.
2) Prior to commencement of the system:
a. Provide all required AMI system hardware
b. Set-up a hosted Mi.Host AMI server and website for customer use.
C. Provide the services of a qualified Mueller Systems Project Manager to
conduct product hardware, software and service tool training for the
Customer, as applicable.
3) Set up network communication between the Mi.Echo nodes, Mi.Hub collectors and
the Mi.Host Software.
4) Supply all necessary system operational training to utility personnel during the pilot
period.
5) Fully cooperate with Fayetteville in performing the required testing of the pilot
products.
6) Assist Utility with installation and commissioning, as applicable for the product, and
provide Customer Support in accordance with Echologics/ Mueller Systems
policies, procedures and practices.
A DIVISION OF ,�ueller C®.
Fayetteville Responsibilities:
1) Assist Mueller Systems with site location and equipment installation of all AMI Pilot
products in accordance with Mueller Systems standard product installation
recommendations, including but not limited to:
a. Mi.Hub network collectors.
b. OWL or DC repeaters.
2) Provide traffic control during installation of repeaters.
3) Assist Mueller Systems in selecting locations for the Mi.Echo nodes.
4) Provide samples of every distinct type of hydrant cap before the start of the project.
5) Cooperate with Echologics/ M_ueller.Systems in. performance testing of all the AM[
System components for proper functionality.
6) Utility will monitor data via the Muller Systems Mi.Host User Interface (UI) web site.
7) Provide feedback on system operation.
8) Identify one person as a primary user and contact and data manager (Utility Project
Manager) to provide a single channel of communications.
A DIVISION OF p.
Nlu�lhf SYSTEMS
10210 Statesville Blvd.
P.O. Box 128
Cleveland, NC27013
Ph: 704.278.2221
Fx: 704,278.9616
www.MuellerSystems:cdm
August 10, 2016
To whom it may concern:
RE: Sole Source Vendor for Mi.Net®
Thank you for your interest in the Mueller Infrastructure System (Mi.Net). The Mi.Net system links water
meters, Mi.Echo leak detection sensors, and other control devices in an efficient wireless network for real-
time access. This smart, migratable solution provides the ultimate in flexibility and scalability for water
utilities.
The Mi.Net System is the only Full 2-Way Meter Management AMI system that includes permanent leak
detection installed inside the fire hydrant available on the market today.
Mueller Systems is the sole source of the Mi.Net System and no other company or firm sells or distributes
directly to The City of Fayetteville Arkansas. Competition in providing many of the Mi.Net System
products are precluded by the existence of multiple patents and patents pending. As a few examples:
• US Patent: 9291502 — Acoustic Leak Sensor in a Fire Hydrant
• US Patent: 8660134 — Systems and Methods for Time -Based Hailing of Radio Frequency Devices
• US Patent: 8833390 — Remote Disconnect Water Meter
• US Patent: 8047072 — Composite Water Meter with. Metal. Threads
• US Patent: 8994551 — Systems and Methods for Remote Utility Metering and Meter Monitoring
• US Patent: 6453247 — PC Multimedia -Based Leak Detection System for Water Transmission Pipes
• US Patent: 8931505 — Infrastructure monitoring devices, systems, and methods
There are no other like System's available for purchase that would serve the same purpose or function
and there is only one price for the Mi.Net System because of exclusive distribution and marketing rights.
Mueller Systems provides Smart Metering solutions to optimize the delivery and use of water.
Municipalities that supply water need innovative ways to increase efficiencies, reduce costs, conserve
water, and improve customer service.
For more than 150 years, the most practical, respected and intuitive products in the water industry have
been built by the company now known as Mueller Systems.
Sincerely,
/M 41 7"�,
Matt Thomas
District Manager
SOLE SOURCE JUSTIFICATION
PURPOSE:
This form, with one or more categories completed, must accompany purchase requisitions for the
sole source procurement of equipment, services or supplies exceeding $1000 (purchased from State
Contract venders excepted). The purpose of sole source justification is to show that competitive
bidding is impractical because only one product or service provider can meet a specific need.
Therefore, an equitable evaluation of comparable products or services must be made and
documented by the requester who shows that rejection of other products or services is based solely
on their failure to meet that need. In cases where no other comparable source can be identified, a
technical description of the product requested and a listing of those companies which were
considered as alternative sources must be provided. Quality can be a subjective evaluation based
upon opinion. Municipal (public) procurement law requires price considerations be evaluated via
competitive quoting or bidding.
While all sole source justifications are subject to review, sole source justified purchases of
$20,000.00 or more must be publicly bid or a bid waiver approved by Council. Justifications must
contain clear, in-depth, and accurate information in order to avoid protests and the possibility of
delaying the procurement.
INSTRUCTIONS:
1. Please type or print legible in ink.
2. Complete all categories and sections that apply.
3. Provide full explanation, complete descriptions, and/or list all relevant reasons where space
has been provided. Sole Source Justification forms lacking sufficient detail cannot be
approved.
4. Sign and date the form in the space provided for "signature".
5. Improperly completed, and/or unsigned forms will be returned to the sender.
TO: Purchasing Division Date: 9)14116
FROM: Jeff Mincy Mark Rogers Dept; water & Sewer
Names of Requisitioner and Dept. Head
SUBJECT: Sole Source Justification
Purchase Requisition (attached)
Proposed Vendor Mueller systems
Product Description Mueller Mi.Echo Leak Detection system for Water Distribution
STATEMENT
I am aware that Fayetteville Code of Ordinances, "I'itle III Administration, Chapter 34, Article 11
mandates that the procurement of services, materials, equipment and supplies be via competitive
quotes whenever the amount is over $1,000.00. However, I am requesting sole source procurement
based on the following criteria. (Attach additional sheets as necessary):
1. The requested product is an integral repair part or accessory compatible with existing
equipment. (please state the manufacturer and model number of existing equipment):
The Mueller Mi:Echo automated leak detection system will be installed along a section of Water distribution main.
The system nodes are compatible with the Mueller Centurion A-423 fire hydrants in use within the
City of Fayetteville water distribution system.
2. The requested product has special design/performance features which are essential to my
needs.
Both.A and 13 portions of this category must becon)[ leted.
A. These features are:
The Mueller Infrastructure System (Mi.Nel) links water meters, Mi.Echo leak detection sensors,
and other control devices in an efficient wireless network for real-;ime access. This smart, migralable solution
provides the ultimate in flexibility and scalability for water utilities.
B. In addition to the product requested, 1 have contacted other suppliers and
considered their product of similar capabilities. I find their product unacceptable
for the following reasons (identify companies contacted, individuals contacted,
model number and specific technical deficiency).
There are no other like System's available for purchase that would serve the same purpose or function
and there is only one price for the Mi.Nel System because of exclusive distribution and marketing rights.
1 1 have standardized the requested product/service; the use of another -
would require considerable time and money to evaluate.
Explain:
4. The requested product is one which 1 (or my staff) have specialized training and/or
extensive experience. Retraining would incur substantial cost in money and/or time.
Explain:
S. Please consider sole source approval for this reason(s) (e.g. trade-in allowance;
availability of services, parts and maintenance; product is a prototype; inventory of parts
are maintained, etc.):
Mueller systems has provided a substantial Pilot pricing discount of-$25,400.00 from the subtotal of $52.385.00
leaving a balance due of $26,985.00 for this purchase.
Authorization:
Full Name and Title of RegUlsltloner JeffMincy -lead Warehouse Attendant
���� (typed or printed in ink)
Signature _ }`ylly��'`� Date 9/14/16
Full Name of Division Head Mark Rogers -Operations Manager
(typed or printed in ink)
1/2016
SlgrlatUl'C; _y`' Date 09/11