Loading...
HomeMy WebLinkAboutC2023-070 - 5/9/2023 - Approved DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063DB SC �a a� H SUPPLY AGREEMENT NO. 4584 Neptune Water Meters & Parts 1852 THIS Neptune Water Meters & Parts Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Neptune Technology Group, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Neptune Water Meters & Parts in response to Request for Bid No. SS-4584 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement 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 shall provide Neptune Water Meters & Parts in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. The term of this Agreement begins on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division and ends at the close of business on December 31, 2023. The parties may mutually extend the term of this Agreement for an agreed-upon period of time, provided, the parties do so in writing prior to the expiration of the original term and subject to sufficient City funds remaining for the purchase of additional supplies. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1,492,058.47, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The parties agree that, after June 30, 2023, the individual unit prices shown for the goods in Attachment B are subject to a unit price increase of up to 7%; however, in no event shall the total not-to-exceed amount of compensation stated in this paragraph be exceeded without a validly executed amendment to this Agreement. Supply Agreement- Neptune Water Meters & Parts Page 1 of 7 DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063DB Invoices must be mailed to the following address, with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Amanda Howard Corpus Christi Water (361) 826-1894 Email: AmandaH@cctexas.com 5. Insurance. N/A; reserved. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement 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 Agreement shall be warranted by the Contractor or, if indicated in Attachment C by the manufacturer, for the Supply Agreement- Neptune Water Meters & Parts Page 2 of 7 DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063DB period stated in Attachment C. Attachment C is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 Agreement. Substitutions and deviations from the City's product requirements and specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement 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 Agreement as an expenditure in the City's budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that a budget item for this Agreement will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform the work required by this Agreement as an independent contractor and will furnish such products 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. Subcontractors. In providing the goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing and executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. 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. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be addressed and sent as follows: Supply Agreement- Neptune Water Meters & Parts Page 3 of 7 DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063DB IF TO CITY: City of Corpus Christi Attn: Amanda Howard Contracts/Funds Administrator 2726 Holly Road Corpus Christi, TX 78415 Phone: (361) 826-1894 Fax: (361 ) 826-4495 IF TO CONTRACTOR: Neptune Technology Group, inc. Attn: Hunter Brown Territory Manager 1600 Alabama Highway 229 Tallassee, AL 36078 Phone: (281) 794-4267 Fax: (334) 283-7293 17. Contractor shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officers, employees, and agents ("Indemnitees') from and against any and all liability, loss, claims, demands, suits, and causes of action of whatever nature, character, or description on account of personal injuries, property loss, or damage, or any other kind of injury, loss, or damage, including all expenses of litigation, court costs, attorneys' fees, and expert witness fees, which arise or are claimed to arise out of or in connection with a breach of this Agreement or the performance of this Agreement by the Contractor or results from the negligent act, omission, misconduct, or fault of the Contractor or its employees or agents. Contractor must, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend all actions based thereon with counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind arising or resulting from any liability, damage, loss, claims, demands, suits, or actions. The indemnification obligations of the Contractor under this section shall survive the expiration or earlier termination of this Agreement. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms or conditions of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to Supply Agreement- Neptune Water Meters & Parts Page 4 of 7 DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063DB cure. If the Contractor has not cured within the stated cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. The 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 Agreement. The Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential, or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first provides written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, 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. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; then, followed by its exhibits; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. The Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete and submit Form 1295 "Certificate of Interested Parties" as part of this Agreement if required to do so pursuant to Texas law. Supply Agreement- Neptune Water Meters & Parts Page 5 of 7 DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063DB 25. Governing Law. The Contractor agrees to comply with all federal, Texas, and City laws, rules, and regulations in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such forum and venue for any disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. 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, 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. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements, and understandings, whether oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement- Neptune Water Meters & Parts Page 6 of 7 DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063DB CONTRACTOR cusigned by: Signature: brbww LDow Hunter Brown Printed Name: Title:Neptune Territory Manager Date: 4/28/2023 CITY OF CORPUS CHRISTI DocuSign}edd by: t_ ,.- U ' Res. 033035 sfLfIF Raec_ Authorized By Josh Chronley Assistant Director of Finance — ProcurementCouncil 5-9-2023 Date: 5/11/2023 Ds DS Approved as to form: Docusigned by: 6AA4 ��(. 5/10/2023 n , aaa. �^� ATT ES T Assistant City Attorney Date 6ocu5ignedby: � 4 � 7 Rebecca Huerta Attached and Incorporated by Reference: City Secretary Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. SS-4584 Exhibit 2: Contractor's Bid Response Supply Agreement- Neptune Water Meters & Parts Page 7 of 7 DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063DB Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide water meters and associated components for water meters and associated equipment to Corpus Christi Water Department on an as-needed basis. 1.2 Service Requirements A. The Contractor shall deliver parts to: Corpus Christi Water 2726 Holly Rd. Corpus Christi, TX 78415 B. The Contractor shall deliver parts between the hours of 8:00am through 5:00pm, Monday through Friday. C. The Contractor shall be responsible for all shipping charges. D. The Contractor shall have a bill of sale upon delivery. E. Pricing shall follow the pricing schedule. F. The Contractor shall arrange the return of the shipment if any items are found to be defective, unstable, or not in working condition. Any shipping charges will be refunded, via check to Corpus Christi Water. DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063DB SC oa o ATTACHMENT B: QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI < QUOTE FORM ON'6tl RA1 ti 1852 yam— Orl 1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other vendor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: Estimated DESCRIPTIONTotal Spend Water Meters and Parts $ 1 ,492,058.47 $ 1 ,492,058.47 Freight / Shipping Included $ 0.00 $ 0.00 $ 1 ,492,058.47 COMPANY: Neptune Technology Group Inc. NAME OF PERSON AUTHORIZED TO SIGN: Lawrence M Russo ADDRESS: 1600 Alabama Highway 229 CITY / STATE/ZIP: Tallassee, Alabama, 36078 PHONE: 334-283-7215 EMAIL: FAX: N/A DATE: SIGNATURE: TITLE: THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. RFQ Revised 4.19.2019 DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1ECB85063DB Attachment B-1 Date 12/13/2022 Prepared: Buying ;City of Corpus Christi,Texas Contractor: :Neptune Technology Group,Inc. Agency: contact :Leslie Cantu Prepares :Hunter Brown Person: By: Phone: :361-826-1288 Phone: :334-415-2032 Fax: Fax: Email: E lesllec cclexas.com Email: hbrown(a neptunetg.com catalog/Price sheet eptune PL-40 Price Sheet(Pricing valid through 6-30-23) Name: General Description ater Meters(Registers) of Product: A.Catalog/Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary Quan Description Unit Pr Total 3000 ::RPH2G11S2629 5/8"PROCODER REGISTER with Nicor Connector $ 75.00 : 225000 2800 ::RPH2G21S2629 3/4"PROCODER REGISTER with Nicor Connector $ 75.00 : 210000 1000 ::RPH2G31S2629 1"PROCODER REGISTER with Nicor Connector $ 75.00 : 75000 500 RPH2G41S2629 11/2"t-10 PROCODER REGISTER with Nicor Connector $ 75.00 : 37500 500 RPH2G51S2629 2"t-10 PROCODER REGISTER with Nicor Connector $ 75.00 : 37500 20 :RPH5G11S2629 2"IlPT PROCODER REGISTER with Nicor Connector : $ 75.00 1500 1 :RPH5G21S2629 3"IlPT PROCODER REGISTER with Nicor Connector : $ 75.00 75 1 :RPH5G31S2629 4"IlPT PROCODER REGISTER with Nicor Connector $ 75.00 : 75 1 RPH5G41S2629 6"IlPT PROCODER REGISTER with Nicor Connector $ 75.00 : 75 1 :RPH5G51S2629 8"IlPT PROCODER REGISTER with Nicor Connector $ 75.00 : 75 1 :RPH5GO1S2629 10"IlPT PROCODER REGISTER with Nicor Connector $ 75.00 : 75 0 Total From Other Sheets,If Any: Subtotal A: 586875 B. Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary (Note:Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr I Total 0 0 0 0 Total From Other Sheets,If Any: Subtotal B:, Check: Total cost of Unpublished Options(B)cannot exceed 25%of the total of For this transaction the percentage is: 0% the Base Unit Price plus Published Options(A+B). C.Trade-Ins/Special Discounts/Other Allowances/Freight/Installation/Miscellaneous Charges Subtotal C: 0 Delivery Date:: D. Total Purchase Price (A+B+C): s8687s Pg. 2 of 6 DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063""--hment B-2 DB Date 12/13/2022 Prepared: Buying ;City of Corpus Christi,Texas Contractor: :Neptune Technology Group,Inc. Agency: contact :Leslie Cantu Prepares :Hunter Brown Person: By: Phone: :361-826-1288 Phone: :334-415-2032 Fax: Fax: Email: :lesllecocclexas.com Email: hbrown(aneptunetg.com catalog/Price sheet eptune PL-40 Price Sheet(Pricing valid through 6-30-23) Name: General Description ater Meters(T-10&HPT) of Product: A.Catalog/Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary Quan Description Unit Pr Total 1 ::ED2B21RPHG21S2629 5/8x3/4"t-10 METER with Nicor Connector $ 101.16 : 101.16 3200 ::ED2D21RPHG21S2629 3/4" t-10 METER with Nicor Connector $ 121.45 : 388640 200 ::ED2F21RPHG21S2629 1" t-10 METER with Nicor Connector $ 179.70 : 35940 40 ED2H11RPHG21S2629 11/2" t-10 METER with Nicor Connector $ 421.20 : 16848 100 ED2J11RPHG21S2629 2" t-10 METER with Nicor Connector $ 538.73 : 53873 40 :ET4HRPHG21S2629 11/2"HPT with Nicor Connector : $ 624.45 24978 200 :ET4ARPHG2152629 2"HPT with Nicor Connector : $ 654.03 130806 20 :ET4BRPHG21S2629 3"HPT with Nicor Connector $ 917.68 : 18353.6 10 :ET4CRPHG21S2629 4"HPT with Nicor Connector S 1,196.67 : 11966.7 15 :ET4DRPHG21S2629 6"HPT with Nicor Connector S 1,936.95 : 29054.25 10 :ET4ERPHG21S2629 8"HPT with Nicor Connector S 2,490.38 : 24903.8 5 :ET4FRHG21 S2629 10"HPT with Nicor Connector S 4,295.08 : 21475.4 Total From Other Sheets,If Any: Subtotal A: 756939.91 B. Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary (Note:Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr I Total 0 0 0 0 Total From Other Sheets,If Any: Subtotal B:, Check: Total cost of Unpublished Options(B)cannot exceed 25%of the total of For this transaction the percentage is: 0% the Base Unit Price plus Published Options(A+B). C.Trade-Ins/Special Discounts/Other Allowances/Freight/Installation/Miscellaneous Charges Subtotal C:1 Delivery Date:: D. Total Purchase Price (A+B+C): 756939.91 Pg. 3 of 6 DocuSign Envelope ID: D4C1768E-F196-4402-A812 ""--hment B-3 -B1 ECB85063DB Date 12/13/2022 Prepared: Buying ;City of Corpus Christi,Texas Contractor: :Neptune Technology Group,Inc. Agency: contact :Leslie Cantu Prepares :Hunter Brown Person: By: Phone: :361-826-1288 Phone: :334-415-2032 Fax: Fax: Email: :lesllecocclexas.com Email: hbrown(aneptunetg.com catalog/Price sheet eptune PL-40 Price Sheet(Pricing valid through 6-30-23) Name: General Description ater Meters(Compounds&Strainers) of Product: A.Catalog/Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary Quan Description Unit Pr Total 0 1 ::EC3BRPHG2152629 3" TRU/FLO Compound Meter with Nicor Connector $ 2,064.74 1 2064.74 1 ::EC3CRPHG21S2629 4" TRU/FLO Compound Meter with Nicor Connector $ 2,782.44 1 2782.44 1 :EC3DRPHG21S2629 6" TRU/FLO Compound Meter with Nicor Connector S 4,673.12 € 4673.12 1 153120-000 2"Bronze Strainer $ 413.75 : 413.75 4 :53107-000 3"Bronze Strainer S 735.00 2940 4 :53107-100 4"Bronze Strainer S 887.75 3551 4 151000-2016"Bronze Strainer S 1,495.67 : 5982.68 2 :52000-304 8"Bronze Strainer S 2,731.64 : 5463.28 2 :52000-402 10"Bronze Strainer : S 4,579.00 : 9158 0 0 Total From Other Sheets,If Any: Subtotal A: 37029.01 B. Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary (Note:Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr Total 0 0 0 0 Total From Other Sheets,If Any: Subtotal B:, Check: Total cost of Unpublished Options(B)cannot exceed 25%of the total of For this transaction the percentage is: 0% the Base Unit Price plus Published Options(A+B). C.Trade-Ins/Special Discounts/Other Allowances/Freight/Installation/Miscellaneous Charges Subtotal C: 0 Delivery Date:: D. Total Purchase Price (A+B+C): 37029.01 Pg. 4 of 6 DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063DB ment B-4 Date 12/13/2022 Prepared: Buying ;City of Corpus Christi,Texas Contractor: :Neptune Technology Group,Inc. Agency: contact :Leslie Cantu Prepares :Hunter Brown Person: By: Phone: :361-826-1288 Phone: :334-415-2032 Fax: Fax: Email: :lesllecocclexas.com Email: hbrown(aneptunetg.com catalog/Price sheet eptune PL-40 Price Sheet(Pricing valid through 6-30-23) Name: General Description ater Meters([J1VIE&Misc.) of Product: A.Catalog/Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary Quan Description Unit Pr Total 10 :12482-002 Installation Kit $ 4.38 : 43.8 2000 :9601-001 Register Seal Pins $ 0.28 : 560 45 :13761-02152629 2"HPT UME with Nicor Connector $ 464.10 : 20884.5 10 :13761-121 S2629 3"HPT UME with Nicor Connector $ 696.15 : 6961.5 5 :13761-221 S2629 4"HPT UME with Nicor Connector $ 928.20 : 4641 5 :13761-321 S2629 6"HPT UME with Nicor Connector : $ 1,392.30 6961.5 5 :13761-421S2629 8"HPT UNM with Nicor Connector : $ 1,856.40 9282 5 :13761-521 S2629 10"HPT UME with Nicor Connector : $ 2,320.50 : 11602.5 0 0 0 0 Total From Other Sheets,If Any: Subtotal A: 60936.8 B. Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary (Note:Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr I Total 0 0 0 0 Total From Other Sheets,If Any: Subtotal B:, Check: Total cost of Unpublished Options(B)cannot exceed 25%of the total of For this transaction the percentage is: 0% the Base Unit Price plus Published Options(A+B). C.Trade-Ins/Special Discounts/Other Allowances/Freight/Installation/Miscellaneous Charges Subtotal C:1 Delivery Date:: D. Total Purchase Price (A+B+C): 60936.8 Pg. 5 of 6 DocuSign Envelope ID: D4C1768E-F196-4402-A812-B1 ECB85063DB Date 12/13/2022 Attachment B-5 Prepared: Baying :City of Corpus Christi,Texas Contractor: :Neptune Technology Group,Inc. Agency: contact :Leslie Cantu Preparea :Hunter Brown Person: By: Phone: :361-826-1288 Phone: :334-415-2032 Fax: Fax: Email: lesliecC@cdexas.com Email: ?hbrown(q),neptunetg.com Catalog i Price sheet eptune PL-40 Price Sheet(Pricing valid through 6-30-23) Name: General Description ater Meters(Mach10&Protectus) of Product: IF A.Catalog I Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary Quan Description Unit Pr I Total 1 EEU1D1G1S2629 3/4"SL Mach 10 Meter with Nicor Connector $ 200.00 200 1 EEU1FIGIS2629 1"Mach 10 Meter with Nicor Connector $ 247.00 247 1 EEU2D1G1S2629 1 1/2"Mach 10 Meter with Nicor Connector $ 606.25E 606.25 1 EEU2FIGIS2629 2"Mach 10 Meter with Nicor Connector $ 650.00E 650 1 EEU3AIGIS2629 3"Mach10 Meter with Nicor Connector E $ 1,062.50E 1062.5 1 EEU3CIGIS2629 4"Mach 10 Meter with Nicor Connector E $ 1,625.00E 1625 1 EEU3EIGIS2629 6"Mach 10 Meter with Nicor Connector E S 3,250.00E 325 1 :EU4AIGIS2629 8"Mach 10 Meter with Nicor Connector E S 6,852.00E 6852 1 EEU4BIGIS2629 10"Mach 10 Meter with Nicor Connector E S 8,560.00E 856 1 :EU4CIGIS2629 12"Mach 10 Meter with Nicor Connector E S 9,975.00E 9975 1 :EP4DIRPHG21S2629 6"HP Protectus III Meter with Nicor Connectors E $ 7,500.00 E 750 1 :EP4EIRPHG2IS2629 8"HP Protectus III Meter with Nicor Connectors E $ 9,750.00 E 9750 Total From Other Sheets,If Any: Subtotal All 50277.75 B.Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary (Note:Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr Total 0 0 0 0 Total From Other Sheets,If Any: Subtotal B: Check: Total cost of Unpublished Options(B)cannot exceed 25%of the total of the Base Unit Price plus Published tions A+B . For this transaction the percentage is: 0% C.Trade-Ins/Special Discounts I Other Allowances/Freight I Installation I Miscellaneous Charges Subtotal C: 0 Delivery Date:: D. Total Purchase Price (A+B+C): so277.7s Pg. 6 of 6 DocuSign Envelope ID:D4C1768E-1`196-4402-A812-B1 ECB85063DB AttachmentWarranty Requirements Neptune T-10, HP Turbine, Rig ars(UTIIJTY TRURLO® Compound Cold Water Deters Warranty SYSTEMS'""T 1.Terms of Limited rra . With respect to its Neplure T-111,HP TURBINE.T9U/FLO`Compound Water Meters(collectively the-Water Meters"),Neptune Technology Group Inc.("Neptune)warrants the following on meters sold on or alter 11/1/92: The Water Meters will be,at the later of Ill the dale of original purchase from Neptune or roil the date of onginat shipment from Neptune-authorized distributor of Water Meters(that later date is referred to as"rhe Date of Shipment")andwdl remain far a period of eighteen(18)months fntm the Date of Shipment,or twelve(12)months from date of installation,whichever comes first,free Imam manuf actudng defects'n workmanship and material, (a)Malneese.The no-lead high topper alloy or Brass maincase of the Water Meters will be at the Dale of Shipment free from manufacturing defects in workmanship and material for the life of the Water Meet(bl Frost Protection.All Neptune T-10 Cold Water Meters sh,pped with a synthetic polymer or cast iron bottom cspwill,commencing upon the Date of Shipment,bewarmnted against chamber damage for a period of ten(ID)years. (cl Registers.Standard,roll sealed registers of the Water Meters will be at the Dale of Shipment.and shall remain lot the following periods,free Irons manufacturing defects m workmanship and material for a period of ten(10)years.The ARB°,NoRead`(ARB VI),and E-Coder®(ARB VII)system registers are warranted for ten(10)years Imam Data of Shipment.All ProOeed encoder receptacles shipped after January 1,2001 shall he warranted for five years from the bate of Shipment.Ali other components and pans are cavered under Neptune's standard one-year material and workmanship guarantee. (d)Meter Accuracy for Neptune T-10.Neptune T-10 Meters and Neptune T-10 nutat:ng disc chambers in TRU/FL0 Compound Water Meters are warranted to meet or exceed,as listed herein, accdnacy standards of the AWWA Standard C700.95 for a period of-(t)five(5)years from Date of Shipment for 5/0'.3/4'and 1"meters;(ii)far a period of Iwo 121 years from the Date of Shipment for 11/2"and 2"meters;or lud the applicable registration shown below.whichever occurs first.Neptune further guarantees that the Neptune T�10 and Neptune T-10 notating disc chambers in TRU/FLO Compound Water Meters will perform to at least Repaired Meter Accuracy Standards,according to AWWA Manual M-B Chapter 5(1999)Table 5.3 for an additional ten(in)years or the registration shown below,whichever occurs firsL fe)Motor Accuracy for HP Turbine and TAUIFLO.The HP Turbine and TRU/FLO Compound Cold Water Meters will perform,for a period of one(p year from the Date of Shipment,to American Water Works Association("AWWA")accuracy standards for new water meters. SI2E EXTENDED LOW N ACCURACY REPAIRED METER FLOW ACCURACY ACCURACY Y.&Y."xV, /.US gpm®95% 500,E gallons 1.SDO.01)gallons 5 years or 500,00D gallons Yi AUSgpmi 7r�, gallons 2,250,E gallons 5 years or 750,Do0 gallons 1_ %USgpna95% I,f160,00ogallons 3,000,O00galtons 5yearsor 1,00DOODgallons I VV Y US gpm®95% 1,600,0111 gallons 5 000,000 gallons rc' 2 years or 1.600,000 gallons 1 US gain a 95% 2" 2,700.IXq gallons 11.01)(1.000 gallons 2 � M yeah a 2.700,000 gallons TECHNOLOGY O R G U P INC. Whitton Din DocuSign Envelope ID:D4C1768E-F196-4402-A812-B1 ECB85063DB 2.Warranty Return. 19 a Neptune Water Meter fails an accuracy test during an apphcablowarromy period,it may he returned to Neptune for Repair or replassomem at Neptune's option An accuracy keit shall be conducted by the customer accord rig in A standards.Any motor Luang returned for repair fet Neptune under this performance guarantee must be solumadwill a copy of the custarrat0s Rest Results 11 the under is returned to Neirditer without a copy of the test results or if Neptune'$lucent,Rest shows the motor to meet current A standards,the customer wit be charged a nommid testing too 14 teptutat in such cases.Neptune vue repair or release the motor at Neplare's option after the motor has been Raged by Neptune.Mersa repaired or replaced under the performance guarantee will he gunarifteed to parterre to AWWA repaired dealer accuracy standards, 3.Warranties awe exclusive. [he warranties set form in this certificate of warranty are on fou of any other warraintV,guanmoqts,or toorpsericalion,whether expressed or meted,including vatted limitation,the warranty of merchantability and the wastriney of fitness toe a patficolar purpose. 4.Damages limited to costs of replacement and repair. If the Water Motor fails to went the waronoms set orm on Paragraph I at th 5 cponfloeno of Warranty,Neptune,at its option idiak without change of Lorw or ormatuirds,repair or replace the Water Meter of part menurf,Provided#lot Itil the Water Moder as dativesed to a Nothing representative,Rbi the Water Meter is amornparried by a Holum Material Authourizanksor(RMAL and(Cl all costs at delivery to Neptune are assumed by the purchaser of the Water motor Neptune's liability is limited to its costs at irmstacement and repair of the defective water mater.Damages fesulling from mrscalcukrurn of water usage or lost revenue a r profit are not recoverable from Neptune.for the responsibility of the cusemer to periodically verity the operation and astmiracy of its motors. 5.Warranties are inapplicable under certain conditions. The warranties set forth in this Certificate 0 Warranty do not apply to any Water Motor that has been damaged by,or subjected to,conditions whkh,on the opinion of I'ventime,have affected the Water Motor's ability of performance,grading but net limited to:misuse,improper handling,appicather or installation:excessive operating conditions;foreign mautholi;in gin water;aggressive ,verev conditions;tempering or umeationzed mermis or modifications:raccoranial or intentional damage;acts al God,Nis Ciatificalor at thratuarity,shah nut apply if product is placed in toori mcomerandpel installation,is copmethed or altered by other than Neptune recommended procedures,is used win reher than genuine Neptunts meter registers and components,or read by equipment not approved adicerved by Neptune.hipplums makes no dareas concerning operability andifor compatibility or third force reading systems.In addition,this Certificate at Wisnaary shall not apply it third carry reading equipment is believed to have Caused damage to the mater or register,In order to determine its Liability,if say,under this Curfificaer of Warranty,Neptune shall have The right to inspect any Water moor or part thereof that is claimed no be detective at Neptune or other location designated by Neptune. NEPTUNE'S UARILI TY WITH RESP ECT BREACHES OF ME FOREGOING LIMITED WARRANTY SHALL HE LIMITED AS STATED HERFIN.NEPFUNFS IJA91UTY S"AL IN NO EVENT EXCEED THE I'LIFIRCHASE PRICE,NERUNE SHALL NOT ME SUBJECT TO AND NSCLARMS THE FOLLOWING:EDI ANY OTHER CRUGAMNS an LIABILITIES ARISING OU1 Or BREACH OF CONTRACT OR OF WARRANTY R)ANY OULMARONS WHATSOEVER ARISING FROM TORT CLAIMS(INCLUDING NEGLIGENCE AND STRICT LIARRLLTYo OR ARISING UNDER 0 YHER MEOPIRES OF LAW WITH RESPECT ru PnonucTs SOLD OR SERVICES RENDERED BY NEPTUNE,OR ANY UNDER TAKINGS,ACV OR OMISSIONS RELAUNG THERETO,AND 0)ALL CONSEQUENTIAL,WCEENTAL,SPECIIA1,MULTIPLE, EXEMPLARY,AND MITIVE DAMAGES WHATSOEVER. YrCdteoknnv NEEF-2-rUNE WMERER sell I coulee one. DocuSign Envelope ID:D4C1768E-F196-4402-A812-E31 ECB85063DB UTILITY MANAGEMENT ProRead'/E-Coderl Encoder Warranty Statement RRa"�SYSTEMS" Products Covered This warranty shall apply to both the Praflead Absolute Encoder and E-Coder Solid State Absolute Encoder Registers.hereinafter referred to as Product;sold In Neptune Technology Group Inc-The warranty is extended only to utilities,municipalkies.othet commercial users,and aulhorizeddistributots,hereinafter referred to as*Customer.*and does NOT apply to consumers. Materials and workmanship Neptune Technology Girmin Inc-(Neptune'fiviratrants that the product shall he free train defects in manufacture and design for a period of ten(101 years from the date of shipment(such period being the'Warranty Petiod'1when installed,serviced and operated according to Neptune's insuirliDris.Neptune shall not be responsible for any defects in the product(whether due to design,materials, manufacture,or otherwise)which manifest themselves after it*expiration of the Warranty Period.Neptune will repair or replace a non-performing product free of charge for ten 110)years. Warranties are inapplicable under certain conditions This warranty does not include field replacement labor or materials costs.which are the responsibility at the Customer.This warranty does not apply it product is placed in non•reeommended insiallatians;may have been repaired with parts not recommended by Neptune;is converted,altered at connected by other than Neptune recommended procedures;is used with other than genuine Neptune components or read by equipment not approved or licensed by Neptune;or damaged due to improper cafe or maintenance,or improper periodic testing(please refer in Encoder quick install guide).This warranty does not apply to any Product that has been dantaged by.or subjected to,conditions which,in the opinion of Neptune,have affected the Product's ability at performance,including but not lardited to!misuse;improper handling.application at installation:excessive operating conditions tampering or unauthorized repairs and modifications;accidental or intentional damage;or acts of God.In no event shall Neptune be liable lot special,incidental,indirect or consequential damages,including,without limitation,lost revenue. THE ABOVE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY NEPTUNE WITH RESPECT To THE PRODUCT ALL OTHER WARRANTIES.CONDITIONS.TERMS, REPRESENTATIONS,OR OTHER LEGALLY OPERATIVE PROVISIONS CONCERNING THE PRODUCT ARE HEREBY EXPRESSLY EXCLUDED.INCLUDING OUT LIMITATION,ANY WARRANTY,CONDITION,TERM,AND REPRESENTATION OR OTHER LEGALLY OPERATIVE PROVISION AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,THIS PARAGRAPH IS EXPRESSLY INTENDED TO EXCLUDE FROM THIS CONTRACT ALL STATUTORY AND COMMON LAW WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.TO AVOID ANY AMBIGUITY OR MISUNDERSTANDING.ALL PROBLEMS ARISING WITH THE PRODUCT AFTER THIS POINT ARE CUSTOMER'S RESPONSIBILITY.NEPTUNE'S LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE.NEPTUNE SHALL NOT BE SUBJECT TO AND DISCLAIMS THE FOLLOWING:(1)ANY OTHER OBLIGATIONS OR LIABIUTES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY,(2)ANY OBLIGATIONS WHATSOEVER ARISING FROM TORY CLAIMS IINCUJIDING NEGLIGENCE AND STRICT LIABILITY)OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY NEPTUNE.OR ANY UNDERTAKINGS,ACTS,OR OMISSIONS RELATING THERETO;AND 131 ALL CONSEGUENTIAL.INCIDENTAL SPECIAL MULTIPLE, EXEMPLARY,AND PUNITIVE DAMAGES WHATSOEVER. NER-rl—INE TECO NGLOGY GROUP INC. W FOODOER M0J DocuSign Envelope ID:D4C1768E-F196-4402-A812-B1 ECB85063DB UFTILdTY Encoder Compatibility rI SMANAcaEIwEAas erWtkn a' Automatic Reading and B111fing( RB11)System(ARB X PIrigRead",and IE-Code") With the purchase of sire ARR rncader metering sys¢rtr,Neptune MIT provide the assurrnce that the ARD System purchased Today can be expanded batt(eading.vvih Neptune handheld devices to reading vmth Nepbuirs ntubile products and fixed nekwavk systems. GUARANTEE OF COMPAT91311LITY The Poiket Proneacler RP Advantage Po roes,R9fTir,E-CodedR9l)TN`,DAP handhisk s TIPC300,9Tltm&CE53200)and Neptune mobile xysnums are designed anal built by Nepbute.This guanelloes the utoditycarmpatrblltky behavren these systems and The ARB encoder regtders. For Probvid Reads:Mast reaching ARB encoders uetnh the Pocket Prefteader RF,Advantage Probe,or DAR handhelds pFC9300,9800 and CE5=11),Neptune guarantees that the motor reading obtained will match the mosiblemical odometer roadi%at Neptune will pay the difference at the vete curtendy'in force. Far RF Reads!Witham readhrg ARB encoders connected to an R900 where the 11900 reads a ProRead or ARB V encirder hourly or in the case of E•Ctader whore the R900 reads the E•Cader every 15 in notes,Neptune guarantees the encoder reading and dM]remote reading wAl match upon marturf activation of Che 131.1110with a Maginot to force an iminsiiatrr read and rC AP➢5MISSfgn.In the event or the E,Cede'r)fg90Di%bwrb the RM h'arriva nFFtaon is updated revery 15 minutes.Nopeme will guarantee the clavier leading and fortune reading to snatch upon this apdam,It pre moreover;reading oil the handheld device is Vers than oho mfumatar reading.Neptune will pay the difference at the rate cuixenYfy in force. Damage Guarantee The patient Prot eader RF Advantage Probe,8900.E GadmIR9024..DAP handhelds JPC93M Pr 9800,CE.WGB)and Neptune mobile sprains are warranted against causing darnaile to any ARD encoder register during imeaagatlon.If It is Pound that the Pocket Pref{eader HE Adirwargr Probe,RSM,DAP handhelds IPC9300 L:1300,CE5320(g or Neptune mobile system caused damage to an ARD etcadar register during ellamagaumn,Neptune will either repair or replace the it emot at no duvige to lire utility. In there are any uquusnans concerning This Motor fie Raadlrw.lnfaeenitem Systems Guarantee,crease write to manag it of Consumer Relations,Neptune Terenolegy urnop Inc..Mob Alabama Hwy, 229.'Falnerea,Alabama 36916, If a Neptune water meter Tahfs an accuniq test during an appficaltio wwauranYy ceras,of Maybe interned to Neptune for vepinrierniplac must at Neptune s uphon,An accuracy test shall be conducted by the customer according to AW'WWA standards.If foreign Malarial causes the Miller but to perform app bariatoly,all such makerial5 shall he removed prior to the cuslommer conducting this test.Any meter being returned ter repair to Nepturia tinder this performance guarantor mast be Mirrored with a copy at rho easelnier'%teld results.If the Morar is rearmed to Neperna without r copy of the test resubs err if Neptune's factory test shows the enter to meet current AVVWA standards,:She custaroiee wig be charged a horngnal testing fee by 4Nwptuno in such cases..Neptune wof repair ar replaco the motor at NepiunMr option&ter one motor has been tested say Neptune.hMetors repaired or ueplau:ed under the pa uta rnanrtt guarantee wilt lee gtuarantermd to perform to AWWA repti ned meter aCGl.irak:y`sYondrrt5..Tins gaarenbee is void if components have nor bruin maintained at installed according to Noptone in5iallation ata mabtten%rnce guidelines,or are offrerwrse darnmgrd or dafa'dive. The accuracy guaramee wit not apply where o paopray farrnohed electronic meter reading a ary alf be udenned an six digit earcaders,Rio last digit will he displayed only as a Com)gt or The y5)When read vemately.As part.ruffle enceaer technology,the olacteonic reading from the R9M is guaiantred to tr arch the reading ari the encoder register upon manual act4varlan aT t:hu 119(Xi anti a magnet to force an immedlare Bead and(ransmrissdob hone per trout).System damage as a result of vandalism or arts of Dad are:not cavrrlid.Additional warnamies may rise apply no bidividuall system components.Nepturtro s hab'rlietwwith respect to breaches of Tour foregoing wwaraady shall be landed as stated herufn.Nepttrna's liability shelf in nit event exceed the pundrase price.Neptune shall not be subject to and disdrims the folfavrmg:(Q any other abhomiuns of liabilities s afsing out of breach of eanbract or at vwarrrnty,(7t any obligations wA rrtscuwe arhung from ro t clause Inti h rung negligence and stria!lability['or arising omdre other theories of lawavwith respect to products sold ar services rendered by Neptune,or airy undertakings,arts,ar omissions relating therota:and 1.31 all Consequential,%ncldenlal,special,inedible,ene'mplary,and punitive damage's whatsoever. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF AND EXCLUDE AUL OTHER WARRANTIES,WHEMER EXPRESSED, L IMPLIED QR,STMT TORY,INCLUDING,WITHOUT LIMITATION,ANY HirPLIED WARRANTIES DG MERCHANTABILITY DR FITN'ESSFOR APARTICUMFIPURPOSE. NEEPIrUNE xeeunsaaeoay Gallup uRc. 6v frkCanfNNua9