R2022-201 2022-11-07RESOLUTION NO. R2022-201
A Resolution of the City Council of the City of Pearland, Texas, awarding a
supply contract for Openway Riva components and parts (associated with
Badger water meters) to Republic Meter, Inc., in the estimated amount of
$201,619.00, 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 Republic 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 s upply
contract for water meter components and parts.
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
Republic Meter Inc.
3839 McKinney Ave,
Suite 155-218
Dallas, TX 75204
(214)215-2224
accounting@republicmeter.com
Quote
ADDRESS
David Kent
City of Pearland
3501 E Orange St
Pearland, TX 77581
United States
SHIP TO
David Kent
City of Pearland
3501 E Orange St
Pearland, TX 77581
United States
QUOTE #DATE EXPIRATION DATE
22-0219 12/01/2022 11/30/2023
SHIP VIA
GROUND FOB
ACTIVITY QTY RATE AMOUNT
ERW-1601-001PS
OpenWay Riva Water Module-Pit
QTY 18 Per Box
1,040 104.90 109,096.00
CFG-1601-001
500W (OpenWay Riva) Through Lid Mount Kit
QTY 36 Per Box
1,040 5.85 6,084.00
CFG-0900-003
100W Through-the-Lid remote mount antenna Kit
QTY 24 Per Box
100 62.50 6,250.00
CFG-1601-002
OpenWay Riva Rod/Wall Mount Adaptor
QTY 36 Per Box
12 5.75 69.00
LDS-1601-001
OpenWay Riva leak Sensor (OLS) - 5 FT Itron
Connector
300 171.90 51,570.00
CFG-1601-101
OpenWay Riva Leak Sensor Mounting Bracket 1/2" to 1
inch pipe
450 27.70 12,465.00
CFG-1601-102
OpenWay Riva Leak Sensor Mounting Bracket 1-1/4" to
2 inch pipe
25 32.90 822.50
OEM-0034-002
Itron Splice Kit (1 required per splice. Use this kit when
splicing between the meter register and inline
connector.) This kit will find extensive use when
replacing previous models of Pit ERTs that did not
incorporate Itron's inline connector system. Minimum
Order 10 Per Box
750 8.95 6,712.50
CFG-0151-010 500 17.10 8,550.00
Exhibit A
ACTIVITY QTY RATE AMOUNT
5' Cable with In-Line Connector with .167" Protector
Cover Diameter
New Pricing includes Freight.
Thank You
TOTAL $201,619.00
Accepted By Accepted Date
DocuSign Envelope ID:5459F80C-1646-4BA1-A51 E-6C5DE444991A
„ City of Pearland
3519 Liberty Drive
,110Pearland, TX 77581
SUPPLY CONTRACT NO. S1122-14
Itron Components / Endpoints for Meters
THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home-
rule municipal corporation ("City") and Contractor("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: Republic Meter, Inc.
3839 McKinney Av
Dallas, TX 75204
Description of Supplies: Supply Itron components for meters
Contract Amount: $201,619.00
Effective Date: December 1, 2022
End Date: November 30, 2023
Renewals: 0
Resolution No/Bid No: R2022-201; Quote #22-0219
II. Signatures
D .,0feREARLAND CONTRACTOR
C� 12/13/2022 I 6:16 PM CST c �
EttittetEetwAtt
Purchasing Officer Date Title: President
DocuSigned Ily:
12/07/2022
12/14/2022 I 5:49 A
FORDS71612 ...
*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
Supply Contract Standard Form Page 1 of 6
Approved as to Legal Form 6.28.2021
DocuSign Envelope ID:5459F80C-1646-4BA1-A51 E-6C5DE444991A
III. Standard Contract Provisions
WHEREAS, Contractor has bid to provide supplies ("Supplies") in response to Request for
Bid/Proposal or Quote No.22-0219 ("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 Exhibits 1 and 2, 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 Exhibit 2.
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 0 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 $201,619.00,
subject to approved extensions and changes. Payment will be made for Supplies completed
and accepted by the City within thirty (30) days of acceptance, 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: acco is ava I •,,pearlandbodov
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: Tiffany Stodder
Department: Engineering and Public Works
Phone:281.652.1957
Email: tstodder •_pearlandtx.dov
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, the COI must state that the City shall be provided
no less than thirty(30)days' advance written notice of cancellation, material change in
Supply Contract Standard Form Page 2 of 6
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DocuSign Envelope ID:5459F80C-1646-4BA1-A51 E-6C5DE444991A
coverage, or intent not to renew any of the policies. The City must be named as an
additional insured. The City Attorney must be given copies of all insurance policies
within ten (10) days of the City Manager or his designee's written request. 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. 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 immediate correction or re-working at no charge cannot
be made 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, fit for their intended purpose, 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. Substitutions and deviations from
the City's product requirements or specifications are prohibited without the prior written
approval of the Contract Administrator.
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.
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
Supply Contract Standard Form Page 3 of 6
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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 & Collections Superintendent
Address: 3519 Liberty Dr., Pearland, TX 77581
Phone: 281.652.1905
IF TO CONTRACTOR:
Republic Meters, Inc.
Attn: Steve Gill
Title: President
Address: 3839 McKinney Ave, Dallas, TX 75204
Phone: 214.215.2224
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
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
Supply Contract Standard Form Page 4 of 6
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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.
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);
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DocuSign Envelope ID:5459F80C-1646-4BA1-A51 E-6C5DE444991A
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
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
Incorporated by Reference Only:
Exhibit 1: RFB/RFP/Quote No 22-0219
Exhibit 2: Contractor's Bid/Proposal Response
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DocuSign Envelope ID:5459F80C-1646-4BA1-A51 E-6C5DE444991A
ATTACHMENT A— SCOPE OF WORK
Contractor shall provide Itron components and endpoints, antennas, leak sensors that provide connection
per the specifications of Quote 22-0219.
Deliveries shall be made to the City of Pearland Public Works facility located at 2016 Old Alvin Road,
Pearland, TX 77581 when ordered on an as needed basis. All deliveries shall be made during the hours of
8am-5pm Monday through Friday, except for 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:5459F80C-1646-4BA1-A51E-6C5DE444991A
ATTACHMENT B - BID/PRICING SCHEDULE
Republic Meter Inc. Quote
3839 McKinney Ave,
Suite'1155-218
Dallas, TX 75204
4/1110
(214)215-2224
,accounting@republi,cmeter.ccm
iREss SHIP TO
David K;nt David Kent
City of Pear-land City of Pearland
3501 IE()range St 3501 E Orange St
Pearland,TX 77581 Pearland,TX 77581
United States United States
OUOTE# DATE EXPIRATION DATE
22-0219 12101/2022 11/0012023
SHIP VIA
GROUND Far,'
ACTIVITY OTY RATE AMOUNT
ERW-16014001 PS 1,040 104.90 109,096.00
Open'tigay Rive Water Module-Pit
QIN' 18 Per Box
CFG-11801-0011 1,040 5,85 6,084.00
500W(Open)Nay Rive.)Through Lid Mount Kit
OTY 36 Per Box
CFG-0900,003 100 62.50 6,250„,00
1001AI Through-the-Lid re etc mount antenna Kit
OTY 24 Per Box
CFG-1601-002 12 5.75 69,00
0(),,en'iNay Rive Rod/Wall Mount Adaptor
OTY 36 Per Box
LDS-1501-001 300 171.90 51,570.00
Open Way Rive leak Sensor(OLS)-5 FT 'Iron
Connector
CFG-1601-101 450 27.70 12,465.00
Operk(Vay Rive Leak Sensor Mounting Bracket 1/2"to 1
inch pipe
CFG-1601-102 25 3290 82250
Open),(')/ay Rive Leak Sensor Mounting Bracket 1-1/4"to
2 inch pipe
OEM-0034-002 750 895 6,712.50
iltron Splice Kit(1 roquired p r split' „ Use this kit whtri
splicing bstween the meter regist I,r and Wino
connector)This kit will find extens(ve use when
r pllacing priivious models of Pit ERTs that did riot
incorporat 4 Itron"s,inline connector systram. Minimum
Order 10 Per Box
CFG-0151-010 500 17.10 8,550.00
DocuSign Envelope ID:5459F80C-1646-4BA1-A51E-6C5DE444991A
LILCILVITY o'ne RATE r crui
5 Cable with lin-Lore Connector with 167"Protector
Cover Diameter
New Prck,r1,9 itlefudfas rretgrirt TOTAL $201,61 9.00
Yoq,1
Accepted By Accepted Date
DocuSign Envelope ID:5459F80C-1646-4BA1-A51 E-6C5DE444991A
Purchasing Department
City of Pearland 281.652.1775
3519 Liberty Drive ebids • pearlandtx,gov
Pearland, TX 77581
Contractor Insurance Requirements &Agreement
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 Statutory Limits For WC, CGL, and BAL, the City is
Employers' Liability(WC) $1,000,000 per occurrence to be provided a WAIVER OF
SUBROGATION.
2. Commercial General (Public) Personal Injury-$1,000,000 per CGL and BAL, City to be listed as
Liability(CGL)to include coverage person; Property Damage- additional insured and provided 30-
for: $1,000,000 per occurrence; day notice of cancellation or material
a) Premises/Operations General Aggregate-$2,000,000 change in coverage.
b) Products/Completed
Operations WC, CGL and BAL, City shall be
c) Independent Contractors provided 30-day notice of
d) Personal Injury cancellation or material change in
e) Contractual Liability
coverage.
3. Business Auto Liability(BAL)to Combined Single Limit-
include coverage for: $1,000,000 CGL will include a non-contributory
a) Owned/Leased vehicles addendum.
b) Non-owned vehicles
c) Hired vehicles
If the contract involves a professional service,the contractor will also be required to provide the City with professional
liability insurance in an amount of at least$1,000,000.
Certificate of Insurance forms may be emailed to: Purchasing Department at ebicis•pearlandtx.clov. Questions
regarding required insurance should be directed to City of Pearland Purchasing Department, at
ebicis"•<pearlandtx.clov. Text
This form must be signed and returned with your bid/quotation.You are stating that you do have the required
insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of
insurance policy with the above requirements to the City. A purchase order will not be issued without
evidence of required insurance.
Agreement
I agree to provide the above described insurance coverages within 10 working days if selected to perform work for
the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors
performing work on the project.
Project/Bid# S1122-14
Company: REPUBLIC METER INC
Signature and PrintedName:
DocuSign Envelope ID:5459F80C-1646-4BA1-A51E-6C5DE444991A
ATTACHMENT D -WARRANTY
Attachment,2
CONTRACTOR.Equipment Warranty Schedule
North A Mff 402
Ir rod Ure 1 W AT III II it V*fe ruts
.
Centron and Sentinel electricity 3 years from shpment.
meters :
Repairs,tOr out-of-warranty 1 COSEURAC1OR shall RG1401111 the repairs with reasonable cam and l'
electricity meters ' in a diligent and competent manner. CONTR„ACTOR's sole
obligation in connection with repair warranty:failures shall be,at its
option,to correct or re-perform repairs or refund to OWNER the
, 1 amount paid for the repairs, OWNER must report any deficiencies
in repair work to CONTRACTOR in writing within 90 days of
,
shipment to receive the remodies described herein.
- ...„.
OpenWay.Riva Water Module Full warranty consistent with the warranty terms in the Agreement
(including battery) for the first l 0 years from shipment,
For warranty claims in years 11 through 15,CONTRACTOR's sole
1 i obligation will be to provide OWl,:::ER with a discount on
replacement product erpril to 50 percent of its then current list price ,
for the replacement product„
For warranty claims in years 16 through 20,CON7fRACTOR's sole
l obligation will be to provide OWNER with a discount,on
replacement product equal to 25 percent of its then-current list ptice
liar the replacement product,
he warranty on CON'TRACTOR seater endpoints shall be void if
' l the endpoint is u„sed in connection with a third party reading system 1:
, that is not a iroved lti.yCONTRACTOR, I
100W and 100Wrt wiles water Full warranty consistent with the warranty terms in the Agimement
endpoints(including iyattery) for the first t 0 year horn shipment
for warranty claims in years 11 through 15,1'0N1RACTOR's sole
obligation will be to provide 0::::triNER with a discount cm
replacement product equal to 50 percent of its then-current lust price
ter the replacement product
For warranty claims in years 116 through 20,,CONTRACTOR's sole
obligation will be to provide OWNER with a discount on
replacement product equal to 25 percent of its then-current list price
for the replacement product.
The warranty on CONTRACTOR water endpoints shall be void if
the endpoint is used in connection with a third party reading system
that is not approved by CONTRA,C1OR,
„...„...._„,........ _„,,,.„.„„„.„,,..„,„„.„.....,
OpenWay Riva Leak Sensor Full warranty consistent with the warranty terms in the Agreement
for the first 5 years from shipment, _ _,
Upgraded handhelds or 90 days from shipment,
Mobile Collections
METRIS Meters and 1-250
Meters CONTC1 RAOR warrants that eighty five percent( 5%)or more of
the ME FRIS Meters and 1-250 Meters shipped to OWNER during
any calendar year will be free from defects in materials and
'workmanship such that they maiMcin set point calibration that is
within two percent of their original factory set point calibration
I (open and ebeci4E"('althration Warranty), The fitregog___
_..„. ........
Confidential InfOrtnation ,
DocuSign Envelope ID:5459F80C-1646-4BA1-A51E-6C5DE444991A
I Calibration Warranty is valid until the earlier of(i) 15 years from
shipment to OWNER of the METRIS Meter told 1-250 Meter faro
which warranty coverage is sought,(ii)the iaeasurement of more
than one million cubic feet of gas measured by such meter,or(iii)
until such meter is replatu'id by OWNER nu connection with a
periodic meter change-out,
CONTRACTOR's sole obligation and 'NE,R's,exclusive remedy
in connection with the breach of a warranty provided under this
Section shall be for CONTRACTOR,at its leption,to repair any
non-conforming MillfRitS Meters and 1-250 Meters,provided that if
CONTRACTOR determines that it is unable to repair a non-
„
eonfortning MP ER1S Meter and 1.250 Meter,CON1RACTOR will
refund to OWNER the depreciated value of such non-conforming
METRIS Meter and 1-250 Meter, At the request of
CONTRACTOR,OWNER will provide evidence of a meter's
service history to verity warranty coveraw.,
Confidential Information 2