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R2022-200 2022-11-07RESOLUTION NO. R2022-200 A Resolution of the City Council of the City of Pearland, Texas, awarding a supply contract for water meters to Badger Meter, Inc., in the estimated amount of $288,891.00, for the period of December 1, 2022 through November 30, 2023. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to Section 252.022 (a) (7) of the Texas Local Government Code, the City may procure products that are available from only one source. Section 2. That the City Council hereby awards a supply contract to Badger Meter, Inc., in the unit price amounts reflected in Exhibit “A” attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a supply contract for water meters. PASSED, APPROVED and ADOPTED this the 7th day of November, A.D., 2022. ________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 756B33E6-B414-4285-9C70-8E8CFDE5D40A 4545 W Brown Deer Road Milwaukee WI 53223 PO Box 245036 Milwaukee WI 53224-9536 Phone: 800-876-3837 Fax: 888-371-5982 Revised Date To CITY OF PEARLAND 3519 LIBERTY DRIVEP O BOX 2719 PEARLAND Texas 775882719 Customer ID 00422961 Effective Dates 12-01-2022 - 11-30-2023 Salesperson Proposal Subject Shipping Terms / INCO Terms Payment Terms 005773 12 MONTH QUOTE TO BEGIN 12/1 FCA FACTORY NET 30 DAYS Line # Description Qty Unit Net Price USD Line Totals USD 1 BMI Part No.: 104-9564 Cat String: EB-EAC-PXTX-E5-CC-19AE-K1Y2-XXCF-XX-B0A Description: E-Series Brz, 5/8"x3/4"(7-1/2), Thk Wshr, Enc, 4CXN2 Itron, 9D-0.01 Gal, (TS-568), SN Yr 9D & PBB, ILC-5ft, BMI STD, 500 167.00 83,500.00 2 BMI Part No.: 100-1737 Cat String: EU-EBA-PXTX-E5-CC-19AE-A3Y2-XXCF-XX-B0A Description: E-Series SS, 3/4" (7-1/2), Thk Wshr, Enc, 4CXN2 Itron, 9D-0.01 Gal, SN Yr 9D & PBB, ILC-5ft, BMI STD, 5 185.00 925.00 3 BMI Part No.: 100-1739 Cat String: EU-ECA-PXTX-E5-CC-19AE-A4Y2-XXCF-XX-B0A Description: E-Series SS, 1"(10-3/4), Thk Wshr, Enc, 4CXN2 Itron, 9D-0.01 Gal, SN Yr 9D & PBB, ILC-5ft, BMI STD, 300 216.00 64,800.00 4 BMI Part No.: 100-3026 Cat String: EU-EDA-PXXX-E5-CC-19BE-A5Y2-XXCF-XX-B0A Description: E-Series SS, 1-1/2" EL(13), Enc, 4CXN2 Itron, 9D-0.1 Gal, SN Yr 9D & PBB, ILC-5ft, BMI STD, 50 502.00 25,100.00 5 BMI Part No.: 100-1831 Cat String: EU-EEA-PXXX-E5-CC-19BE-A6Y2-XXCF-XX-B0A Description: E-Series SS, 2" EL(17), Enc, 4CXN2 Itron, 9D-0.1 Gal, SN Yr 9D & PBB, ILC-5ft, BMI STD, 50 687.00 34,350.00 Domestic Quotation Quotation No. 3401165 Thank you for your business! Estimated ship dates subject to change based upon component availability, as a result of global supply chain constraints, or credit review. This acknowledgment is made subject to the terms & conditions found on our web-site: https://www.badgermeter.com/terms-and-conditions. Terms and conditions related to service units, training, and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions Page 1 of 3 Line # Description Qty Unit Net Price USD Line Totals USD 6 BMI Part No.: 103-9903 Cat String: EB-EFC-PXXX-E5-CC-19BE-E3Y2-XXCF-XX-B0A Description: E-Series Brz, 3" RND(12), TP Enc, 4CXN2 Itron, 9D-0.1 Gal, SN Yr 9D & PBB, ILC-5ft, BMI STD, 5 1,819.00 9,095.00 7 BMI Part No.: 105-1168 Cat String: EB-EFD-PXXX-E5-CC-19BE-E3Y2-XXCF-XX-B0A Description: E-Series Brz, 3" RND(17), TP Enc, 4CXN2 Itron, 9D-0.1 Gal, SN Yr 9D & PBB, ILC-5ft, BMI STD, 5 1,849.00 9,245.00 8 BMI Part No.: 105-4164 Cat String: EB-EGC-PXXX-E5-CC-19BE-E4Y2-XXCF-XX-B0A Description: E-Series Brz, 4" RND(14), TP Enc, 4CXN2 Itron, 9D-0.1 Gal, SN Yr 9D & PBB, ILC-5ft, BMI STD, 5 2,215.00 11,075.00 9 BMI Part No.: 104-0590 Cat String: EB-EGD-PXXX-E5-CC-19BE-E4Y2-XXCF-XX-B0A Description: E-Series Brz, 4" RND(20), TP Enc, 4CXN2 Itron, 9D-0.1 Gal, SN Yr 9D & PBB, ILC-5ft, BMI STD, 5 2,245.00 11,225.00 10 BMI Part No.: 108-2899 Cat String: EB-EHB-PXXX-E5-CC-19CE-E6Y2-XXCF-XX-B0A Description: E-Series Brz, 6"x18" RND Enc, 4CXN2 Itron, 9D-1 Gal, SN Yr 9D & PBB, ILC-5ft, BMI STD, 5 3,780.00 18,900.00 11 BMI Part No.: 106-2276 Cat String: EB-EHD-PXXX-E5-CC-19CE-E6Y2-XXCF-XX-B0A Description: E-Series Brz, 6"x24" RND Enc, 4CXN2 Itron, 9D-1 Gal, SN Yr 9D & PBB, ILC-5ft, BMI STD, 5 3,996.00 19,980.00 12 BMI Part No.: 106-2277 Cat String: EB-EJB-PXXX-E5-CC-19CE-E8Y2-XXCF-XX-B0A Description: E-Series Brz, 8"x20" RND, TP Enc, 4CXN2 Itron, 9D-1 Gal, SN Yr 9D & PBB, ILC-5ft, BMI STD, 5 4,644.00 23,220.00 Subtotal - USD 311,415.00 Total Price - USD 311,415.00 Notes and Assumptions If applicable, sales tax and freight, if included on the proposal, is an estimate and will be recalculated based on rates and tax status in effect at the time of invoicing. Actual lead time to be provided at time of order. Domestic Quotation Quotation No. 3401165 Thank you for your business! Estimated ship dates subject to change based upon component availability, as a result of global supply chain constraints, or credit review. This acknowledgment is made subject to the terms & conditions found on our web-site: https://www.badgermeter.com/terms-and-conditions. Terms and conditions related to service units, training, and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions Page 2 of 3 To aid in processing your order, please include the Quote number on the PO that is submitted for this proposal. Badger Meter is the leading distributor of Itron ERTs. If at any time Itron stops providing products to Badger Meter, we hereby reserve the right, regardless of other terms and conditions, to quote and supply a suitable replacement product. Update, upgrade and/or replacement of the Utility’s current reading equipment and software, as well as other utility systems, may be required due to such substitutions and are not a part of this offer. Please refer to Itron SCM+ documentation for specific information. Due to continuous improvements and redesign of Badger Meter products and technology solutions, Badger Meter reserves the right to provide our newest product solutions as an alternative to the proposed products provided they are in conformance with the requirements of the specifications and do not exceed the prices quoted. If you would like to place an order, please contact us at Utilityorders2@badgermeter.com or by calling 1-800-876-3837. Domestic Quotation Quotation No. 3401165 Thank you for your business! Estimated ship dates subject to change based upon component availability, as a result of global supply chain constraints, or credit review. This acknowledgment is made subject to the terms & conditions found on our web-site: https://www.badgermeter.com/terms-and-conditions. Terms and conditions related to service units, training, and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions Page 3 of 3 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 66 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SUPPLY CONTRACT NO. S1122-13 Purchase of Badger Water Meters THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation (“City”) and Badge Meters “Contractor"), and consisting of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Badger Meters 4545 W. Brown Deer Rd. Milwaukee, WI 53223 Description of Supplies: Purchase of Badger 5/8” – 4” Water Meters Contract Amount: $288,891.00 Effective Date: December 1, 2022 End Date: November 30, 2023 Renewals: 0 Resolution No/Bid No: R2022-200; Quote # 3401165 II. Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date Title: Date: *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager – up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Charla D. Dury, Proposal Lead and Assistant Secretary 03/13/2023 DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA 3/17/2023 | 8:55 AM CDT 3/17/2023 | 9:25 AM PDT Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 66 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies (“Supplies”) in response to Request for Bid/Proposal or Quote No. 3401165 (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Attachments A& B respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Supplies in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Attachment B 2. Term. This Contract is for one year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to one additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an amount not to exceed $288,891.00, subject to approved extensions and changes. Payment will be made for Supplies completed and accepted by the City within thirty (30) days of the date of the invoice, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Erin Brown Department: Engineering and Public Works Phone: 281.652.1739 Email: ebrown@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the Contract Administrator. Additionally, Badger Meter will provide the City with no less than thirty (30) days’ advance written notice of cancellation, material change in DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 66 coverage, or intent not to renew any of the policies. The City must be named as an additional insured. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) I Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Agreement. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract y. 6. Purchase Release Order. For multiple-release purchases of Supplies to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Supplies to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Supplies shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Supplies before acceptance. Subject to Badger Meter’s standard warranties, any Supplies or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If reasonable correction or re-working pursuant to Contractor’s standard warranties cannot be mode by the Contractor, replacement Supplies may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is incorporated into this Contract. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. The Contractor may provide their newest product solutions as an alternative to any proposed products under this Contract; however, any alternative provided by Contractor must be in conformance with the requirements of the specifications provided herein, shall not exceed the prices quoted herein, and the Contractor must obtain the prior written approval of the Contract Administrator before providing any alternatives. 10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 66 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Supplies in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 13. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 14. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 15. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: David Kent Title: Distribution and Collections Superintendent Address: 3519 Liberty Dr., Pearland, TX 77581 Phone: 281.652.1905 Cc: City of Pearland Attn: Purchasing Address: 3519 Liberty Dr., Pearland, TX 77581 IF TO CONTRACTOR: Badger Meter Attn: Toby Sledge Title: Account Manager Address: 4545 W. Brown Deer Rd., Milwaukee, WI 53224 Phone: 979.571.3183 16. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 66 CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD- PARTY DEFENDANT AS ALLOWED BY LAW. 17. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees. 18. Attorney’s Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit. 19. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all Supplies provided in accordance with this Contract to the date of termination. (B) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant to this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 20. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 21. Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 22. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 23. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 66 24. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Attachment A); then, D. the Contractor’s bid response (Attachment B). 25. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by City Council. 26. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 27. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 28. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 29. Entire Contract. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA ATTACHMENT A – SCOPE OF WORK Contractor shall provide 5/ 8" - 4" water meters with Itron connection per the specifications of Quote #3401165, to the City of Pearland Public Works facility located at 2016 Old Alvin Rd., Pearland, TX 77581. Material will be ordered on a as needed basis. All deliveries shall be made during the hours of 8am-5pm, Monday through Friday with the exception of City recognized holidays. Deliveries shall be completed, and quality checked by the supplier. The City will not accept any damaged items. All shipping is included in the cost of the item. DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA ATTACHMENT B – BID/PRICING SCHEDULE DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA ATTACHMENT C – INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Type of Insurance Amount of Insurance Provisions 1. Workers’ Compensation Employers’ Liability Statutory Limits $100,000 per occurrence City to be provided 30-day notice of cancellation or material change in coverage. 2. Commercial General (Public) Liability to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $1,000,000 City to be provided 30-day notice of cancellation or material change in coverage. 3. Business Auto Liability to include coverage for: a) Owned/Leased vehicles b) Non-owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 City shall be provided 30-day notice of cancellation or material change in coverage. Certificate of Insurance forms may be sent to Purchasing Department. DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA ATTACHMENT D – WARRANTY DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA 081518 CERTIFICATION OF SIGNATURE AUTHORITY I certify as follows: By Board Resolution adopted by the Board of Directors of Badger Meter, Inc. and in full force and effect as of this date: The following elected executive officers are, among other things, hereby authorized to execute, amend, and cancel bids and contracts for the sale of products, distributor and representative agreements, bid bonds, surety bonds, contracts, leases and certain other legally binding documents in the ordinary course of business, in the name of Badger Meter, Inc. Kenneth C. Bockhorst Chairman, President and Chief Executive Officer Robert A. Wrocklage Lars B. Kristensen Senior Vice President – CFO Vice President –Global Flow Instrumentation and International Utility Kimberly K. Stoll Matthew L. Stuyvenberg Vice President – Sales and Marketing Vice President – Water Quality William R. A. Bergum Vice President – General Counsel & Secretary Pursuant to the Power granted by the Board of Directors, the following elected non-executive officers are hereby authorized to execute, amend, and cancel bids, bid-related contracts and documents, requests for proposals and quotes, and all other bid-related documentation in the name of Badger Meter, Inc. Jennifer A. Dunk Assistant Secretary Proposal Lead – Bids and Contract Administration Wayne Dennis Assistant Secretary Senior Director - International Sales & Marketing & Business Development Charla D. Dury Assistant Secretary Proposal Lead – Bids and Contract Administration Claire A. Evans Assistant Secretary Proposal Manager – Bids and Contract Administration Nicholas J. Gemmell Matthew B. Gieseke Assistant Secretary Assistant Secretary Senior Legal Counsel Proposal Lead – Bids and Contract Administration Charity D Granberry Assistant Treasurer Milwaukee Accounting Manager Shauna A. Griffin Assistant Secretary Sr. Director – Utility Sales Benjamin E. Loomis Assistant Secretary Milwaukee Credit Manager David A. Miller Assistant Secretary Counsel II Jevgeni Neufeld Assistant Treasurer Director - Finance Christie M. Tarantino Kavin Tedamrongwanish Assistant Treasurer Assistant Secretary Director - Accounting & External Reporting Counsel III BY: ________________________ Date William R. A. Bergum, Vice President - General Counsel & Secretary Badger Meter, Inc. November 30, 2022 DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY diannewandel 1-414-443-0000 UH WCP 100074452 01 X X 5,000,000 10,000 Brown & Brown Inc. 1,000,000 01/01/24 Evidence of Insurance 01/01/24 01/04/2023 1,000,000 4,000,000 1,000,00001/01/24 10,000 D 4545 West Brown Deer Road 300,000 1,000,000 Badger Meter, Inc. Milwaukee, WI 53223 B X C 10166 35289 25674 25623 01/01/23 01/01/24X 01/01/23 X A 1200 North Mayfair Road, Suite 100 X 67591463 67591463 5,000,000 X ACCIDENT FUND INS CO OF AMER CONTINENTAL INS CO TRAVELERS PROP CAS CO OF AMER PHOENIX INS CO Y660 268J2023 810 2L694073 2,000,000 X 1,000,000 X 1,000,000 6076540927 X Milwaukee, WI 53226 01/01/23 01/01/23 DocuSign Envelope ID: 1E5CD183-C567-45AB-B355-22B7F230B2BA