HomeMy WebLinkAboutR2025-056 20250512RESOLUTION NO. R2025-56
A Resolution of the City Council of the City of Pearland, Texas, awarding a 5-
year supply contract (3-year initial term; two 1-year renewals) for water meters
to Badger Meter, Inc., in the annual estimated amount of $342,522.00, for the
period of May 13, 2025 through May 31, 2028.
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 12th day of May, A.D., 2025.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
Docusign Envelope ID: C9FA8FF2-2CDA-4BC2-9309-FE82F8D5E057
Docusign Envelope ID: DOE3FB7B-EADI-4F2F-A6DC-075C1 B661 BCA
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
SUPPLY CONTRACT NO. S0125-02
Purchase of Badger 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:
Description of Supplies:
Contract Amount:
Effective Date:
End Date:
Renewals:
Resolution No/Bid No:
II. Signatures
TgYedaF PEARLAND
re,,,pici„Amt&n,
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Purchasing Officer
DocuSigned by:
UO:OD12D 74J4QJ..
Badger Meters
4545 W. Brown Deer Rd.
Milwaukee, WI 53223
Purchase of Badger 5/8 — 4" Water Meters
$342,522.00 (each fiscal year)
May 13, 2025
May 31, 2028
2
R2025-56/Quote No. 3754385
CONTRACTOR
7/9/2025 12.32 PM CDT
Date Title: Matthew B. Gieseke - Assistant Secretary and Proposal Lead
7/10/2025 I 9:17 AM 86f: July 1, 2025
*Signed by: Date
Superintendent/Manager
Director
Deputy/Assistant City Manager
City Manager
*City Contract Signature Authority:
Supply Contract Standard Form
Approved as to Legal Form 6.28.2021
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
Page 1 of 6
Docusign Envelope ID: DOE3FB7B-EAD1-4F2F-A6DC-075C1 B661 BCA
III. Standard Contract Provisions
WHEREAS, Contractor has bid to provide supplies ("Supplies") in response to Request for
Bid/Proposal or Quote No. 3754385 ("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 Attachment A and Attachment 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.
2. Term. This Contract is for three years, 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 two 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 estimated amount of $342,522.00,
subject to approved extensions and changes. Payment will be made for Supplies completed
and accepted by the City within thirty (30) days of receipt of an acceptable invoice. Contractor
shall invoice upon shipment. 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, upon written notice to the City, Contractor will be allowed to escalate pricing for
all Supplies listed in Attachment B on an annual basis in an amount not to exceed 10% over
the immediately preceding year. Contractor reserves the right, upon notice to the City to revise
selling prices to adjust for changes in laws, such as changes to taxes, tariffs, fees, trade
penalties, or any and all other government required duties on goods or services.
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: Priya Bhakta
Department: FINANCE
Phone: 281.652 1954
Email: pbhakta@pearlandtx.gov
5. Insurance
(A) Before performance can begin under this Contract, the Contractor must deliver a
Supply Contract Standard Form Page 2 of 6
Approved as to Legal Form 6.28.2021
Docusign Envelope ID: DOE3FB7B-EAD1-4F2F-A6DC-075C1 B661 BCA
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
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.
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.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Contract in accordance
with the Contractor's standard manufacturer warranty as stated in Attachment D, the
entirety of which, is incorporated into this Contract. The Contractor warrants that it has
clear title to the products and that the products are free of liens or encumbrances.
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
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,
Supply Contract Standard Form Page 3 of 6
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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: Jennifer Quiroga
Title: Water Billing & Collections Manager
Address: 3523 Liberty Dr., Pearland, TX 77581
Phone: 281.652.1602
IF TO CONTRACTOR:
Badger Meter
Attn.Sabrina Alaquinez
Title:Account Manager
Address: 4545 W Brown Deer Rd., Milwaukee, WI 53224
Phone:414.581 2786
16. Liability and Indemnity. OTHER THAN THE CONTRACTOR'S STANDARD
MANUFACTURER WARRANTY PROVIDED IN ATTACHMENT D, 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 BYLAW.
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.
Supply Contract Standard Form Page 4 of 6
Approved as to Legal Form 6.28.2021
Docusign Envelope ID: DOE3FB7B-EAD1-4F2F-A6DC-075C1 B661 BCA
(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. The Contractor's liability shall be in accordance
with the Contractor's standard manufacturer warranty provided in Attachment D.
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);
B. its attachments;
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.
Supply Contract Standard Form Page 5 of 6
Approved as to Legal Form 6.28.2021
Docusign Envelope ID: DOE3FB7B-EAD1-4F2F-A6DC-075C1 B661 BCA
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.D. 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 S100,000 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 Requirements
Attachment D: Warranty Requirements
Supply Contract Standard Form Page 6 of 6
Approved as to Legal Form 6.28.2021
Docusign Envelope ID: DOE3FB7B-EAD1-4F2F-A6DC-075C1 B661 BCA
ATTACHMENT A — SCOPE OF WORK
Contractor shall provide 5/ 8" - 4" water meters with Itron connection per the specifications of Quote
#3754385, to the City of Pearland located at 3523 Liberty Drive, 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, an
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: DOE3FB7B-EAD1-4F2F-A6DC-075C1 B661 BCA
ATTACHMENT B -- BID/PRICING SCHEDULE
• Badger Meter
Badger Meter Inc.
4545 W Brovm Deer Road Milwaukee WI 53223
PO Box 245036 Milwaukee WI 53224-9536
Revised Date:
Pricing Effective Dates: 04-29-2025 - 03-31-2026
To Customer ID 00422961
CITY OF PEARLAND
3519 LIBERTY DRIVE
P0BOX 2719
PEARLAND
Texas , 775882719
Domestic Quotation
Quotation No. 3754385
Salesperson
Proposal
Subject
Shipping
Terms
/ ItICO
Terms
Payment
Terms
005744
ALAQUINEZ
SABRiNA
SOLE
ULTRASONIC
SOURCE
METERS
E-E
ER'ES
PREPAY/NO
FCA
FACTORY
CHARGE
NET
30
DAYS
Line
#
Description
Qty
Unit
Net
USD
Price
Line
USD
Totals
1
BMI
Cat
String:
Part
No.:
EB-EAC-PXTX-ES-CC-19AE-K1Y2-XXCF-XX-BOA
104-9564
y:10
'93_08
173.772.C.;
r,
Description:
E-Series
Gal,
Cat
BMI
String:
TS-568,
Part
B-Alloy,
Flo.:
EB-EBA-PXTX-E5-CC-19AE-K2Y2-XXCF-XX-BOA
SN
112-9987
5/8"x3/4"(7-1/2),
Yr
9D
&
PBB.
ILC-5ft,
Thk
Wshr,
BMI
STD,
Enc,
4CXN2
Itron,
9D-0.01
=
Description:
E-Series
TS-729,
Cat
B1,01I
String:
Part
SN
6-Alloy,;
Flo.:
Yr
EB-ECA-PXTX-ES-CC-19AE-K3Y2-XXCF-XX-BOA
9D
109-2301
3/4"
&
PBB,
(7-1/2),
ILC-5ft,
Thk
Wshr,
BMI
STD,
Enc,
4CXN2
Itron,
9D-0.01
Gal,
100
249._
i
1+.931.n
4
Description:
E-Series
TS-766,
Cat
Description:
E-Series
PBB,
C
BMI
BMI
at
String:
String:
Part
ILC-5ft,
Part
SN
B-Alloy,
SS,
No.:
tlo.:
EU-EDA-PXXX-ES-CC-19BE-A5Y2-XXCF-XX-BOA
EU-EEA-PXXX-ES-CC-19BE-A6Y2-XXCF-XX-BOA
Yr
1-1/2"
BMI
9D
100-3026
100-1831
1"(10-3/4),
&
STD,
EL(13),
PBB,
ILC-5ft,
Thk
Enc,
Wshr
4CXN2
BMI
Enc,
STD,
Itron,
4CXN2
9D-0.1
Itron,
Gal,
9D-0.01
SN
Yr
9D
Gal,
&
100
1
5„_,O
794
_6
73
i
580.73
79,461.00
p;
Description:
E-Series
ILC-5ft,
Cat
Description:
E-Senes
BMI
String:
Part
BMI
SS,
B-Alloy;
Flo.:
2"
STD,
EB-EFC-PXXP-ES-CC-198E-E3Y2-XXCF-XX-BOA
103-7505
EL(17),
3"
RND(12),
Enc,
4CXN2
TP
Prsr,
Itron,
Enc,
9D-0.1
4CXN2
Gal,
Itron,
SN
9D-0.1
Yr
9D
&
Gal,
PBB,
SN
1
2 'L376
2,103.71
i(r
BPr1I
9D
8.
Part
PBB,
No.:
ILC-5ft,
105-1168
BMI
STD,
4
2,137.71
8,550.64
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 ackna+vledgment is made subject to the terms & conditions found on our web -site: sJMrww.bacgem ier.com/terms-and-conditions.
Terms and conditions related to service units, training, and professional services can be found here: https:f/badaenneter.comrservioe-units-terms-and-conditions
0...., • ea ')
Docusign Envelope ID: DOE3FB7B-EAD1-4F2F-A6DC-075C1 B661 BCA
Badger Meter
Domestic Quotation
Quotation No. 3754385
Line
#
Description
Qty
Unit
Net
Price
Line
Totals
USD
USD
Cat String:
ES-EFD-PXXX-ES-CC-19BE-E3Y2-XXCF-XX-BOA
Description:
E-Series
B-Alloy,
3"
RND(17),
TP
Enc,
4CXN2
Itron,
9D-0.1
Gal,
SN
Yr
9D
8
&
BMI
PBB,
Part
ILC-5ft,
Noe:
105-4164
BMI
STD,
1
2,561.01
2, 561.01
Cat
String:
EB-EGC-PXXX-ES-CC-19BE-E4Y2-XXCF-XX-BOA
Description:
E-Series
B-Alloy,
4"
RND(14),
TP
Enc,
4CXN2
Itron,
9D►-0.1
Gal,
SN
Yr
9D
9
&
BMI
PBB,
Part
ILC-5ft,
No.:
1
BMI
03-3368
STD,
3
27596.02
7,7648.D6
Cat
String:
EB-EGD-PXXP-ES-CC-1SBE-E4Y2-XXCF
XX-BOA
Description:
E-Series
B-Alloy,
4"
RND(20),
TP
Prsr,
Enc,
4CXN2
Itron,
9D-O.1
Gal,
SN
10
Yr
BMI
9D
Part
&
PBB,
No.:
ILC-5ft,
108-2899
0
BMI
STD,
1
4,370.91
4,370.91
X-BOA
Cat
String:
EB-EHB-PXXX-ES-CC-19CE-E6Y2-XXCF-
Description:
E-Series
B-Alloy,
6"x18"
RND
Enc,
4CXN2
Itron,
9D-1
Gal,
St•J
Yr
9D
&
11
PBB,
BMI
ILC-5ft,
Part
Nos:
BMI
106-6379
STD,
7
4,62
1.28
32,3,48.9E
Cat
String:
EB•-EHD-PXXP-ES-CC-19CE-E6Y2-XXCF-XX.-BOA
Description:
E-Series
B-Alloy,
6"x24"
RND
Prsr,
Enc,
4CXN2
Itron,
9D-1
Gal,
SN
Yr
9D
BMI
STD,
12
&
BMI
PBB,
Part
ILC-5ft,
Noe:
106-2277
3
5,370.28
16,110.8E4
Cat
String:
EB-EJB-PXXX-ES-CC-19CE-E8Y2-XXCF-XX-BOA
Description:
E-Series
B-Alloy,
8"x20"
RND,
TP
Enc,
4CXN2
Itron,
9D-I
Gal,
SN
Yr
9D
&
PBB,
ILC-5ft,
BMI
STD,
Subtotal - USD
Total Price - USD
352,793.41
352,743.41
Notes and Assumptions
If applicable, sales tax and freight, if included on the proposal, is an estimate and v,7II be recalculated based on rates and tax status in
effect at the time of invoicing.
To expedite the order entry process, please ensure the following is noted on your purchase order billing address, shipping address,
purchase order number, quantity, price, payment terms, quotation number, and the vendor is listed as Badger Meter, Inc.
Please send all purchase orders to the contact that prepared this quotation for you.
Actual lead time to be provided at time of order.
Badger Meter provides certification files to help manage meter and endpoint inventory and to maintain meter accuracy data The
standard method of delivery for this format is via electronic mail_ Any deviations from our standard format, or any custom file formats,
will be considered on a time and material basis.
Thank you for your business!
Estimated ship dates subject to change based upon component availabi lity, as a result of global su pi chain constraints, or credit review.
This acknowledgment is made subject to the terns & conditions aund on cur web -site: J/vvww germetef eomtterrns-and-conditions.
Terms and conditions related to service units training, and professional services can be found here: https:Nbadgenmeter..comrservice-units-terms-and-conditions
Docusign Envelope ID: DOE3FB7B-EAD1-4F2F-A6DC-075C1 B661 BCA
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 (WC)
Statutory Limits
$100,000 per occurrence
2. Commercial General
(Public) Liability (CGL) 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 -
$2,000,000
3. Business Auto Liability (BAL)
to include coverage for:
a) Owned/Leased
vehicles
b) Non -owned vehicles
c) Hired vehicles
Combined Single Limit -
1,000,000
The Insurance forms may be sent to Purchasing Department.
WC, CGL and BAL, City shall be
provided 30-day notice of
cancellation or material
change in coverage.
Docusign Envelope ID: DOE3FB7B-EAD1-4F2F-A6DC-075C1 B661 BCA
ATTACHMENT D - WARRANTY
Badger Meter
PRODUCTS
E-Series® Ultrasonic Meter
Lead -Free Bronze Alloy Meters, 3, 4 inch
This warranty shall apply to all Badger Meter E-SeriesG Ultrasonic
lead-free meters, sizes 3 inch and 4 inch, when used to measure
potable cold water, and the internal encoder and battery used with
these meters (collectively 'Product"), sold on or after June 3, 2020.
This warranty is not transferable and is extended only to utilities,
municipalities, other commercial users and authorized distributors,
hereafter referred to as'Customer' and does NOT apply to
consumers or any person or entity who is not an original customer
of Badger Meter or its authorized distributors.
MATERIALS AND WORKMANSHIP
Badger Meter, Inc. ("Badger Meter") warrants Product to be free
from defects in materials and workmanship appearing within the
following time frames,
Housing
Ten (10) years and six (6) months after shipment from
Badger Meter.
Electronics (Battery, Registration, Transducer)
Ten (10) years and six (6) months after shipment frorn
Badger Meter.
Pressure Sensor
Five (5) years and six (6) months after shipment from
Badger Meter,
METER ACCURACY
The Product will meet or exceed all applicable specifications
outlined in AWWA Standard C715 in addition to meeting meter
accuracy of ±1.5% for the published ranges set forth in
Badger Meter's current published product data sheet for ten (10)
years from the date of shipment from Badger Meter.
EXTENDED LOW -FLOW METER ACCURACY
Badger Meter further warrants the Product will meet extended
minimum test flow accuracy of ± 3% for the published ranges set
forth in Badger Meter's current published data sheet for ten (10)
years from date of shipment from Badger Meter,
ESM-WR-02779-EN-04 (June 2020)
PRODUCT RETURNS
Any Product proved to the satisfaction of Badger Meter to have
failed the foregoing warranties will, at the option of
Badger Meter, be repaired or replaced without charge to the
Customer. Any eligible Product repaired or replaced by
Badger Meter will retain the origin it Product's warranty based
on the original Product purchase date, at Badger Meter's sole
discretion The Badger Meter obligation hereunder shall be limited
to such repair and replacement and shal be conditioned upon
Badger Meter receiving written notice of any aleged defect within
ten (10) days after Its discovery. This exclusive remedy shall not be
deemed to have failed its essential purpose so Fong as
Badger Meter is wiling and able to replace defective products
or issue a credit to purchaser within a reasonable time of proof
to Badger Meter that a defect is involved. Product returns
must be shipped by the Customer prepaid F.O.B. to the nearest
Badger Meter factory or distribution center. l he Customer shall
be responsible for all direct and indirect costs associated with
removing the original Product and reinstaling the repaired or
replacement Product.
LIMITS OF LIABILITY
This warranty shall not apply to Product repaired or altered
by parties other than Badger Meter, or read by equipment not
explicitly approved or licensed by Badger Meter, the foregoing
warranty applies only to the extent that the Product is installed,
serviced and operated strictly in accordance with AWWA Standard
C715 and AWWA M6 Manual, as applicable. The warranty shall
not apply and shal be void with respect to Product exposed to
conditions other than those detailed in the Badger Meter Product
technical and/or operational literature, or which, as determined
at Badger Meter's sole discretion, have affected the ability of the
Product to perform, including, but not limited to; exposure to
adverse installation conditions; misuse; vandalism; negligence;
accident; acts of God; alteration; improper installation, operation or
repair; damage from passage of high-speed air slugs; damage by
water quality conditions, including but not limited to: aggressive
water, foreign matter, biofilms, or extreme corrosivity; damage
caused by actions not In accordance with the Intended use; or
other circumstances which are beyond the reasonable control of
Badger Meter, as determined at Badger Meter's sole discretion.
With respect to product not manufactured by Badger Meter, the
warranty obligations of Badger Meter shal in al respects conform
and be limited to the warranty extended to Badger Meter by the
supplier of product.
TI IE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCI IANTABI( ITY AND FITNESS FOR A PARTICUI AR PURPOSE
(except warranties of fide).
Warranty
Docusign Envelope ID: DOE3FB7B-EAD1-4F2F-A6DC-075C1 B661 BCA
•
E-Series" Ultrasonic Meter, Lead -Free Bronze Alloy Meters, 3, 4 inch
Any description of Product, whether in writing or made orally
by Badger Meter or its agents, specifications, samples, models,
bulletins, drawings, diagrams, engineering sheets, or similar
materials used in connection with any Customer's order are (or the
sole purpose of identifying Product and shall not be construed as
an express warranty. Any suggestions by Badger Meter or its agents
regarding use, application or suitability of Product shall not be
construed as an express warranty unless confirmed to be such in
writing by Badger Meter.
Exclusion of Consequential Damages and Disclaimer of
Other Liability
Badger Meter liability with respect to breaches of the foregoing
warranty shall be limited as stated therein. Badger Meter liability
shal in no event exceed the contract price BADGER METER SHALL
NOT BF SUBJECT TO ANL) DISCLAIMS; (1) ANY OTHFR OBLIGATIONS
OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF
WARRANTY (2) ANY OBI.IGATIONS WHATSOEVER ARISING FROM
TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY)
OR ARISING UNDER OTHER T►IEORIES OF LAW WITH RESPECTTO
PRODUCTS SOLD OR SERVICES RENDERED BY BADGER METER, OR
ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND
(3) ALL CONSEQUENTIAL, INCIDENTAL. AND CONTINGENT
DAMAGES WHATSOEVER,
SMART WATER IS BADGER METER
•
E-frcr; Is a registered tracIs2rnaik. of Badgc, Metc'.Inc Other tracdcrnyVs appearing in this dcbcumtnt are the property of their rest, ctrve Entities
hiret to cetntinunut rr\raft h, ;ntnlue t irrrp►ovrrnent% :rod entrantrbrnrntt, fl.n1tj ?Ay IN rrsetvrti thr right to ch.inge product or syttrrn klr,-; ihr .it up. k'.;Ih'vat rtalir I'v•(rfit
to the extent an outstanding contractu)I obligation exists..,' 2020 Badger Miter, Inc. Al rights reserved.
www.badgermeter.com