HomeMy WebLinkAboutC2018-699 - 12/4/2018 - Approved 403s°Ole,4
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SUPPLY AGREEMENT NO. 1956
Ill
Water Meters for Utilities Department
*ORPOBP f0
1852
THIS Water Meters for Utilities Department 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. ("Supplier"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Supplier has bid to provide Water Meters for Utilities Department in
response to Request for Bid No. HGAC-Contract#WM08-18 ("RFB"),which RFB includes
the required scope of work and all specifications and which RFB and the Supplier'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 Supplier agree as follows:
1. Scope. Supplier will provide Water Meters for Utilities Department 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. This Agreement is for 24 months. The parties may mutually extend the term
of this Agreement for up to zero additional periods ("Option Period(s)"), provided,
the parties do so in writing and 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 Agreement is for an amount not to exceed
$782,810.23, 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. 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.
C2018-699
12/04/18 Page 1 of 7
M2018-230 'r 1, 2018
Neptune Technology Group Inc.
S('JANNFfl
Invoices will 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, Texas 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:
Name: Joanna Moreno
Department: Utilities Department
Phone: (361) 826-1649
Email:joannm@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Supplier
must deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 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.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Supplier 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 Supplier 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
Supplier 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 Supplier, 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 Supplier within 30 days of receipt of City's invoice.
Supply Agreement Standard Form Page 2 of 7
Approved as to Legal Form October 1, 2018
8. Warranty.
(A) The Supplier 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 Supplier 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 Supplier or, if indicated in Attachment D by the manufacturer,
for the period stated in Attachment D. Attachment D 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 and 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 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 said 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 this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Supplier will 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 Supplier be considered an employee of the City.
12. Subcontractors. Supplier may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Supplier must obtain prior written approval from the Contract Administrator unless
the subcontractors were named in the bid or in an attachment to this Agreement.
In using subcontractors, the Supplier is responsible for all their acts and omissions
to the same extent as if the subcontractor and its employees were employees of
the Supplier. All requirements set forth as part of this Agreement, including the
necessity of providing a COI in advance to the City, are applicable to all
subcontractors and their employees to the same extent as if the Supplier and its
employees had performed the work.
Supply Agreement Standard Form Page 3 of 7
Approved as to Legal Form October 1, 2018
13. Amendments. This Agreement may be amended or modified only in writing
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 Supplier 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 sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Joanna Moreno
Title: Contract Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361) 826-1649
Fax: (361) 826-1715
IF TO SUPPLIER:
Neptune Technology Group, Inc.
Attn: Rex Baxter
Title: Senior Territory Manager
Address: 1600 Alabama Highway 229, Tallassee, Alabama 36078
Phone:(281) 794-4267
Fax: (334) 283-7293
17. SUPPLIER 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
Supply Agreement Standard Form Page 4 of 7
Approved as to Legal Form October 1, 2018
AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT,
OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES
OR AGENTS. SUPPLIER 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 SAID LIABILITY, DAMAGE, LOSS,
CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Supplier's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator must give the Supplier written notice of the breach and set out a
reasonable opportunity to cure. If the Supplier has not cured within the cure
period, the City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Supplier. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Supplier for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Assignment. No assignment of this Agreement by the Supplier, 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 Agreement by the Supplier
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.
20. 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.
Supply Agreement Standard Form Page 5 of 7
Approved as to Legal Form October 1, 2018
21. 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;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Supplier's bid response (Exhibit 2).
22. Certificate of Interested Parties. Supplier 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 Agreement if required by said
statute.
23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Supplier verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. Governing Law.This Agreement is subject to all federal, State, and local laws, rules,
and regulations. The applicable law for any legal disputes arising out of this
Agreement 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 Nueces
County, Texas.
25. 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, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
Supply Agreement Standard Form Page 6 of 7
Approved as to Legal Form October 1, 2018
SUPPLIER
Signature: 0°144j2:51c411441
Printed Name: Lawrence M. Russo
Title: VP, Finance
Date: October 29, 2018
CITY OF CORPUS CHRISTI
Kim Baker
Assistant Director of Finance — Purchasing Division
Date: 12 • S • t a
ATTEST: e�.v' -1/4471/.:
REBECCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule 2-
71t1Attachment C: Insurance RequirementsAttachment D: Warranty RequirementsT
•
Incorporated by Reference Only: SFf'RETARt
Exhibit 1: RFB No. HGAC- Contract #WM08-18
Exhibit 2: Supplier's Bid Response
Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form October 1, 2018
Attachment A - Scope of Work
1.1. General Requirements
A. The Supplier shall supply Water Meters and associated catalog parts as per
HGACBuy Contract WM08-18.
B. The Supplier is responsible for all shipping charges.
C. The Supplier shall ship items ordered to:
City of Corpus Christi
Utilities-Water Department
2726 Holly Rd. Building 8-A
Corpus Christi, TX 78415
Attachment B- Bid/Pricing Schedule
i/ ��
GCONTRACT PRICING WORKSHEET Contract Date
7 P For Catalog& Price Sheet Type Purchases No.: WMO8-18 Prepared: g 31201$
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Buying City of Corpus Christi,Texas Contractor: Neptune Technology Group,Inc.
Agency:
ContactPrepared
Person: Joanna Moreno ay: Rex Baxter
Phone: 336t-826-1649 Phone: 1.1281-794-4267
Fax: Fax:
Email: loannaM@cctexas,com Ennui rbaxter neptunctg.com
Catalog/Price Sheet Neptune PL-35 price sheet
Name:
General Description
Water Meters(Registers)
of Product:
A.Catalog Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet if Necessary
Quan Description Unit Pr Total
500 IRPI12G1 IS358 5:8"T-10 PROCODER REGISTER $49,62 2481
1000 RPH2G2IS358 3,4"T-10 PROCODER REGISTER • $49.62 49620
1000 RPH2G31S358 I"T-iU PROCODER REGISTER $49.62 49620
500 RPH2G41S358 11x2"T-10 PROCODER REGISTER $49.62 = 24810
500 RPH2G51 S358 2"T-10 PROCODER REGISTER
t' , ,. .�� A i f ..., $49.62 I 24810
0 R75G12S358 2"HPT PRO-READ REGISTER. £ t t, $49.62 0
0 R75G22S358 3"HPT PRO-READ REGISTER v-' $49.62 0
0 1R75G32S358 4"HPT PRO-1(EAD REGISTER _ ' ,> µ. $49.62 I0
0 R75G42S358 6"HPT PRO-READ REGISTER $49.62 0
0 1R75G52S358 8"HPT PRO-READ REGISTER $49.62 0
0 R75G02S358 10"HPT PRO-READ REGISTER $49.62 0
0
Use Additonal Sheet if all Option will not fit on this sheet. Include Total From Other Sheets,If Any:
Subtotal A: 173670
Unpublished Options,Accessory or Service Items-Itemize Below-Attach Additional Sheet If Necessary
Note:Unpublished Ines are any which were not submitted and priced in contractor's bid.)
Quail t Description Unit Pr ? Total
Name of Unpublished Options(Items that were not include in bid submittal)
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).
.Trade-Ins/Special Discounts 1 Other Allowances/Freight/Installation I Miscellaneous Charges
rade-In
Freight-F.O.B:City'of Corpus Christi,Texas
.pedal Discount t
Subtotal C:
Delivery Date:i 30 days ARO D.Total Purchase Price(A+B+C): 173670
, GBwy CONTRACT ICING WORKSHEET I
For Catalog& PricePRSheet Type Purchases t ' 8 31 2018
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Boyles City of Corpus Christi,Texas Contractor: Neptune Technology Group,Inc.
Agency:
Contact Prepared Rex Baxter
perms: !Joanna Moreno By: t
- i
Phone: 361-826-1649 Phone: 281-794-4267
Fai: Fits:
Small: JoannaM@cctexas.com Emaa: rbaxtcr@.ncptunetg.com
Catalog/Price Sheet Neptune PL-35 price sheet
Name:
General Description
Vater Meters(T-10's and Ilf'T's)
of Product:
.Catalog/Price Sheet Items being purchased-ItemizeBelow-Attach Additional Sheet If Necessary
Quan Description Unit Pr Total
1 ED2B21RPHG21S358 5;8X3.4" t-I0 METER $77.82 77.82
1000 ED2D21RPHG2IS358 3 4" 1-10 METER $93.42 l 93421
250 1ED2F2IRPHG21S358 I" t-10 METER $138.23 34557.5
4-
100
100 ED2H11RPHG21S358 11/2 1-10 METER $324.00 3241
125 iED2.111RPHG21S358 2' 1-10 METER x 1I 4 ' K $414.40 51811
100ET4HR7G8S358 1 IR"HPT *� x
I t $480.35 . 48035
125 ET4AR7G8S358 2"TTF ` n . • , ^ ,. . ^ 'n"q"" _+�''''`dA"" Yw $503.10 62887.5
100 ET4BR7G8S358 3"HPT • • • • .,- — $705.90 70591
t
50 ET4CR7GBS358 4"HP7 $920.51 46025.5
20 ET4DR7G8S358 6"HPT $1,489.96 29799.
10 IET4ER7G8S358 8"HPT I $1,915.67 19156.
5 ET4FR7G8S358 10"HPT $3,30390 16519.5
Use Additonal Sheet if all Option will not fit on this sheet. Include Total From Other Sheets,If Any:
Subtotal A:1 721505268. 1
:.Unpublished Options,Accessory or Service items-Itemise Below-Attach Additional Sheet If Necessary
Note Unpublished[tons are any which were not submitted and priced in contractor's bid.)
Quan Description 1 Unit Pr Total
1Name of Unpublished Options(Items that were not include in bid submittal)
I 1
t
Total From Other Sheets,If Any:
Subtotal B: 1
Check:Total cost of Unpublished Options(B)cannot exceed 2366 of the total of
For this transaction the percentage is: 0°'0
the Base Unit Price plus Published Options(A+B)
Trade-Ins/Special Discounts 1 Other Allowances/Freight/Installation/Miscellaneous Charges
rade-In t
Freight-F.O.B.-City of Corpus Christi,Texas
pedal Discount 1
Subtotal C: 1,
Delivery Date:_ 30 days ARO • D.Total Purchase Price(A+B+C): 505268 72
i77 CONTRACT PRICING WORKSHEET Contract Date
For Catalog&Price Sheet Type Purchases No.: WM08-18 Prepared: 83112018
+r
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Aeanc'y: City of Corpus Christi,Texas contractor: !Neptune Technology Group,Inc.
Contact Joanna Moreno Preap'rea Rex Baxter
t t
Phone: 361-826-1649 mac: 281.794-4267
Fax: Fax:
- f
Email: rolandGkicctexas,com E.iatt: rbaxterCncptunctg.com
Catalog/Price Sheet
Name: eptune PL-35 price sheet
General Description Vater Meters(Compounds and Strainers)
of Product:
A.Catalog l Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary
Quan ; Description Unit Pr Total
I EC2AR7G8S358 2"TRt's/FLO COMPOUND $1,107.25 1107.25
2 EC2BR708S358 3"TRU.FLO COMPOUND S1,588.26 3176.5
3 EC2CR7GSS358 4"TRU.-,FLOCOMPOUND $2,140.34 642102
3 :EC2DR7G8S358 6"TRU//FLO COMPOUND •` $3,594.70 ' 10784.1
53120-000 2"BRONZE STRAINER .4 EY. $31930 319.3
4 53107.000 3"BRONZE STRAINER ;; "„ $567.53 I 2270.1
5 :53107-1004"BRONZE STRAINER $682.89 1 3414.45
C� '
4 52000-201 6'BRONZE STRAINER .. 4' ~ M $1,150.51 4602.1
3 152000-304 8"BRONZE STRAINER $2,101.26 's 6303.78
3 52000-402 10"BRONZE STRAINER $3,522.31 1 1056693
I 1
Use Additonal Sheet if all Option will not fit on this sheet. Include Total From Other Sheets,If Any:!
Subtotal A:fo 48965.51
B,Unpublished Options,Accessory Or Service items-itemize Below-Attach Additional Sheet If Necessary
(Note:Unpublished items are any which were not submitted and priced in contractor's bid)
Quan I Description Unit Pr i Total
!Name of Unpublished Options(items that were not include in bid submittal) 0
' t
0
1 } 0
0
Total From Other Sheets,If Any:
Subtotal B:
Check:Total cost of Unpublished Options(B)cannot exceed 25%of the total of For this transaction the percentage Is: 0
the Base Unit Pnce plus Published Options(A+B)
C.Trade-Ins/Special Discounts 1 Other Allowances f Freight/Installation/Miscellaneous Charges
Trade-In t
Freight-F.O.B.-City of Corpus Christi,Texas
Special Discount t
Subtotal C: 0
Delivery Dated 30 days ARO ID.Total Purchase Price(A+B+C): 48965.51
CONTRACT PRICING WORKSHEET Contract Date
For Catalog& Price Sheet Type Purchases No.: WM08-1$ Prepared: 8 31 2018
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Bu7i"g City of Corpus Christi,Texas Contractor: Neptune Technology Group,Inc
Agency:
Contact Joanna Moreno Prepared Rex Baxter
Person: By:
Phone: 361-826-1649 Phone: 281-794-4267
Fat: Fu:
Email: jloannaM(acctexas.com Email: rbaxtcr a neptunctg coin
catalog Price Sheet Neptune PL-35 price sheet
Name:
Grneral Description water Meters(stag meters and Ecoder registers)
of Product:
A.Catalog/Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary
Quan Description Unit Pr Total
{ EM3AIRT3X31 15358 2"MAG METER $2,625 00 2625
1 EM3BI RT3X31 1 S358 3"MAG METER $2,800 00 2800
EM3CI RT3X311S358 4"MAG METER $3,00000 3000
1 `EM3DI RT3X3l 1 S358 6"MAG METER $3,250 00 3250
EM3E 1 RT3X3I IS358 8"MAG METER $3,700.00 3700
EM 3F I RT3X311 5358 10"MAG METER . $4,600 00 4600
1 EM $6,300 00 6300
I fEM3H1RT3X3l IS358 16"MAGMETER $8,400.00 8400
5 RFI2GI IS3585 8" ECODER REGISTER $62.00 310-'
15 RH2G21S358 3.4" ECODER REGISTER $62.00 930
10 RH2G31S358 1" ECODER REGISTER $62.00 62(i
0
Use Additonal Sheet if all Option will not lit on this sheet. Include Total From Other Sheets,If Any:
Subtotal A: 36535
B.Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet if Necessary
(Note. Unpublished Items are any which were riot submitted and priced in contractors bid)
Quan Description Unit Pr Total
Name of Unpublished Options(Items that were not include in bid submittal) 0
0
0
0
Total From Other Sheets,If Any:
Subtotal B: 0
Check:Total cost of Unpublished Options(B)cannot exceed 25°°of the total of For this transaction the percentage is: 0°a'
the Base Unit Price plus Published Options(A4 B)
C.Trade-Ins Special Discounts;Other Allowances/Freight Installation,Miscellaneous Charges
Trade-In 0
Freight-F.O.B.-City of Corpus Christi,Texas 0
Special Discount 0
Subtotal C:1 0
Delivery Date: 30 days ARO D. Total Purchase Price (A+B+C): 36535
I MKCONTRACT PRICING WORKSHEET Contract Date
For Catalog& Price Sheet Type Purchases No.: WM08-18 Prepared: 8 3!'2018
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Buying
Agency:
City of Corpus Christi,Texas Contractor. Neptune Technology Group, Inc.
Contact Joanna Moreno Prepared Rex Baxter
Person: By:
Phone: 361-826-1649 Phone: 281-794-4267
Fat: Far.
Email: 1loannaM@cctexas.com Email. rbaxter'a neptunctg.com
Catalog/Price Sheet 'Neptune PL-35 price sheet
Name: 111
P General Description
\%ater Nleters(tinse..Ecoder registers,Mach in meters)
L of Product: k
A.Catalog/Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary
Quan Description Unit Pr Total
10 12482-002 Installation kit $3.50 35
2000 9601-001 register seal pin $0.22 440
5 RH2G11S358 5 8"ECODER REGISTER $70.00 350
15 RH2G21 S358 3 4"ECODER REGISTER $70.00 1050
10 RH2G31S358 1"ECODER REGISTER $70.00 700
I RH2G4I S358 112"ECODER REGISTER $70.00 7i)
1 RH2G51 S358 2"ECODER REGISTER p • $70.00 70
5 EUIBIGS358 51X34 MACH 10 $16000 800
1 EUICIGS358 3/4"MACH 10 $170.00 170
1 EUIDIGS35834"SL MACH 10 $17000 1713
5 EUIFIGS358 l"MACH 10 $190.00 950
0
Use Additonal Sheet if all Option will not fit on this sheet. Include Total From Other Sheets,If Any:
Subtotal A: 4805
B,Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet II-Necessary
(Note:Unpublished Items are any which were not submitted and priced in contractor's bid.)
Quan Description Unit Pr Total
Name of Unpublished Options(Items that were not include in bid submittal) 0
0
0
0
Total From Other Sheets,If Any:
Subtotal B: 0
Cheek:Total cost of Unpublished Options(B)cannot exceed 25°o of the total of
the Base Unit Price plus Published Options(A-B1 For this transaction the percentage is: 0°
C.Trade-Ins/Special Discounts 1 Other Allowances/Freight'Installation 1 Miscellaneous Charges
Trade-In 0
,Freight-F.O.B.-City of Corpus Christi,Texas 0
Special Discount 0
Subtotal C:r 0
Delivery Date: 30 days ARO D.Total Purchase Price (A+B+C): ! S05
7C� CONTRACT PRICING WORKSHEET Contract WM08-18 Date 8 31 2018
7 For Catalog& Price Sheet Type Purchases No.: Prepared:
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Buffing City of Corpus Christi,Texas Contractor: Neptune Technology Group,Inc.
Agency:
Contact Joanna Moreno Prepared Rex Baxter
Person: By:
Phone: 361-826-1649 Phone: 281-794-4267
Fax: Fax:
Email: jioannaM acctexas corn Email: rbaxter n neptunetg.corn
Catalog/Price Sheet Neptune PL-35 price sheet
Name:
General Description Water NTeten-IIPT U\IE's
of Product:
A.Catalog I Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary
Quan Description Unit Pr Total
10 9700.0285358 2"HPT UME $357.00 3570
6 9700-128S358 3"HPT UME $535.50 3213
2 9700-228S358 4"HPT UME $714.00 1428
2 9700-328S358 6"HPT UME $1,071.00 2142
I
9700-428S358 8"HPT UME $1,428.00 1428
1 9700-5285358 10"HPT UME $1,785.00 1785
0
0
0
0
0,
0
Use Additonal Sheet if all Option will not fit on this sheet. Include Total From Other Sheets,If Any:
Subtotal A: 13566
B.Unpublished Options,Accessory or Ser%ice items-Itemize Below-Attach Additional Sheet If Necessary
(Not:: Unpublished items are any which were not submitted and priced in contractor's bid)
Quan Description Unit Pr Total
Name of Unpublished Options(Items that were not include in bid submittal) 0
0
0
0
Total From Other Sheets,If Any:
Subtotal B: 0
Check:Total cost of Unpublished Options(B)cannot exceed 25°o of the total of
the Base Unit Price plus Published Options(A+13) For this transaction the percentage Is: 0°,
C.Trade-ins/Special Discounts 1 Other Allowances/Freight I Installation I Miscellaneous Charges
Trade-In 0
Freight-F.O,B.-City of Corpus Christi,Texas 0
Special Discount 0
Subtotal C:1 0
Delivery Date: 30 days ARO D.Total Purchase Price (A+B+C): 13566
Attachment C - Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
1 . Contractor must not commence work under this contract until all insurance
required has been obtained_and such insurance has been approved by
the City. Contractor must not allow any subcontractor, to commence work
until all similar insurance required of any subcontractor has been obtained.
2. Contractor must furnish to the City's Risk Manager and Contract
Administrator one (1) copy of Certificates of Insurance with applicable
policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City
must be listed as an additional insured on the General liability and Auto
Liability policies by endorsement, and a waiver of subrogation endorsement
is required on all applicable policies. Endorsements must be provided with
Certificate of Insurance. Project name and/or number must be listed in
Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material
change, or termination required on all Per occurrence- aggregate
certificates and policies.
COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence
$1,000,000 Aggregate
1. Commercial Broad Form
2. Premises-Operations
3. Products/Completed Operations
4. Contractual Liability
S. Independent Contractors
6. Personal Injury- Advertising Injury
3. In the event of accidents of any kind related to this contract, Contractor
must furnish the Risk Manager with copies of all reports of any accidents
within 10 days of the accident.
ADDITIONAL REQUIREMENTS
1. Applicable for paid employees, Contractor must obtain workers'
compensation coverage through a licensed insurance company. The
coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage
provided must be in statutory amounts according to the Texas Department
of Insurance, Division of Workers' Compensation. An All States Endorsement
shall be required if Contractor is not domiciled in the State of Texas.
2. Contractor shall obtain and maintain in full force and effect for the duration
of this Contract, and any extension hereof, at Contractor's sole expense,
insurance coverage written on an occurrence basis by companies
authorized and admitted to do business in the State of Texas and with an
A.M. Best's rating of no less than A- VII.
3. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of
the policy expiration dates. All notices under this Exhibit shall be given to
City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as
additional insureds by endorsement with regard to operations, completed
operations, and activities of or on behalf of the named insured performed
under contract with the City, with the exception of the workers'
compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
• Workers'compensation and employers'liability policies will provide a waiver
of subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of
any, cancellation, non-renewal, material change or termination in
coverage and not less than ten (10) calendar days advance written notice
for nonpayment of premium.
5.. Within five (5) calendar days of a cancellation, non-renewal, material change
or termination of coverage, Contractor shall provide a replacement
Certificate of Insurance and applicable endorsements to City. City shall have
the option to suspend Contractor's performance should there be a lapse in
coverage at any time during this contract. Failure to provide and to maintain
the required insurance shall constitute a material breach of this contract.
6. In addition to any other remedies the City may have upon Contractor's failure
to provide and maintain any insurance or policy endorsements to the extent
and within the time herein required, the City shall have the right to order
Contractor to stop work hereunder, and/or withhold any payment(s) which
become due to Contractor hereunder until Contractor demonstrates
compliance with the requirements hereof.
7. Nothing herein contained shall be construed as limiting in any way the extent
to which Contractor may be held responsible for payments of damages to
persons or property resulting from Contractor's or its subcontractor's
performance of the work covered under this contract.
8. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City
of Corpus Christi for liability arising out of operations under this contract.
9. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2018 Insurance Requirements
Utilities
Supply Service for Water Meters and Accessories
08/06/2018 sw Risk Management
Valid Through 12/31/2018
Attachment D: Warranty Requirements
Neptune T-10, HP Turbine, ARB ME►T.
TRU/FLO® Compound Cold Water Meters Warranty SYSTEMS."
1.Terms of Limited Warranty.
With respect toils Neptune T.10,HP TURBINE.TRU/FLO•Compound Wafer Meters(collectively the"Water Meters"),Neptune Technology Group Inc.("Neptune'(warrants the following on meters
sold on or after 11/1/92:
The Water Meters will be,at the later of if the date of original purchase from Neptune or tiff the date of onginal shipment from Neptune-authorized distributor of Water Meters(that later date is
referred to as"the Dale of Shipment')and will remain for a period of eighteen(18)months from the Date of Shipment,or twelve(t2)months from date of installation,whichever comes first,free
from manufacturing defects+n workmanship and material.
(a)Maincase.The no-lead high copper alloy or Brass maincase of the Water Meters will be at the Date of Shipment free from manufacturing defects in workmanship and material for the life of the
Wafer Meter
(tit Frost Protection.All Neptune T-10 Cold Water Meters sh,pped with a synthetic polymer or cast iron bottom cap will,commencing upon the Date of Shipment,be warranted against chamber
damage(or a petted of ten(10)years.
(c)Resisters.Standard,roll sealed registers of the Water Meters will be at the Date of Shipment,and shall remain for the following periods,free from manufacturing defects in workmanship
and material for a period of ten(10)years.The ABB•,PreAead`(ARB VI),and E•Coder°(ARB VIII system registers are warranted for ten(10)years from Cate of Shipment.All ProHead encoder
receptacles shipped after January 1,2001 shall be warranted for five years from the Date of Shipment.MI other components and parts are covered 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 nutatng disc chambers in TRU/RD Compound Water Meters are warranted to meet or exceed,as listed herein,
accuracy standards of the AWWA Standard C700-95 for a period of(i)five(5)years from Date of Shipment for 5/8".3/4"and 1"meters:(ii)far a period of two(21 years from the Date of Shipment
for 11R"and 2"meters;or(nr)the applicable registration shown below,whichever occurs first.Neptune further guarantees that the Neptune T-10 and Neptune T-10 notating disc chambers m
TRU/FLO Compound Water Meters will perform to at least Repaired Muter Accuracy Standards,according to AWWA Manual M-6 Chapter 5(1999)Table 5.3 for an additional ten(101 years or the
registration shown below,whichever occurs first.
(a)Meter Accuracy for HP Turbine and TRWFI.O.The Nf'Turbine and TRU/FLO Compound Cold Water Meters will perform,for a period of one(1)year from the Date of Shipment,to American
Water Works Association("AWWA")accuracy standards for new water meters.
SIZE EXTENDED LOW NEW METER ACCURACY REPAIRED METER
FLOW ACCURACY ACCURACY
%&%"01' .U5 Rpm i@ 95% 500,000 gallons 1.500,000 gallons
5 years a 500.000 gallons
AUS gpm®9596 750,000 gallons 2.250.000 gallons
5 years or 750.000 gallons
1. %USgpma95%
5 years or 1,000,000 gallons 1,000,000 gallons 3.000,000 gallons
1 VI Y US qpm 95% 1.600,000 gallons 5,000,000 gallons
years or 1.600000 gallons
1 US gem®95%
2' 7 years a 2300,000 gallons 2.700,00(}gallons 9.000.000 gallons �N/J N E P T U N E aim
TECHNOLOGY GROUP INC.
2.Warranty Return.
If a Neptune Water Meter fails an accuracy test during on applicable warranty penod,it may be returned to Neptune far repair or replacement at Neptune's option.An accuracy test shall be
conducted by the customer actod.ng to AWWA standards.Any meter being returned for repair to Neptune under this performance guarantee must be returned with a copy of the customer's test
results.If the meter is returned to Neptune without a copy of the test results or if Neptune's factory test shows the meter to meet current AWWA standards,the customer will be charged a nominal
testing fee by Neptune in such cases.Neptune will repair or replace the meter at Neptune's option after the meter has been tested by Neptune.Meters repaired or replaced under the performance
guarantee wilt be guaranteed to perform to AWWA repaired meter accuracy standards.
3.Warranties are exclusive.
The warranties set forth in this certificate of warranty are in lieu of any other warranty,guarantee,or representation,whether expressed or implied,including without limitation,the warranty of
merchantability and the warranty of fitness for a particular purpose.
4.Damages limited to costs of replacement and repair.
If the Water Mater fails to meet the warranties set forth in Paragraph 1 of ths Certificate of Warranty,Neptune,at its option shall,without charge of labor or materials,repair or replace the Water
Meter or part thereof,provided that(a)the Water Meter is delivered to a Neptune representative,(b)the Water Meter is accompanied by a Return Material Authorization(RMA),and(clef!costs
of delivery to Neptune are assumed by the purchaser of the Water Meter Neptune's liability is limited to its costs of replacement and repair of the defective water meter.Damages resulting from
miscalculation of water usage or lost revenue or profit are not recoverable from Neptune.It is the responsibility of the customer to periodically verify the operation and accuracy of its meters.
5.Warranties are inapplicable under certain conditions.
The warranties set forth in this Certificate of Warranty do mit apply to any Water Meter that has been damaged by,or subjected to,conditions which,in the opinion of Neptune,have affected the
Water Meter's ability of performance,including but not limited to:misuse,improper handling,application or installation;excessive operating conditions;foreign materials in the water:aggressive
water conditions;tampering or tnauthenzed repairs or modifications:accidental or intentional damage;acts of God.This Certificate of Warranty shall not apply it product is placed in non-
recommended installation,is connected or altered by other than Neptune recommended procedures,is used with other than genuine Nepturfe meter registers and components,or read by equipment
not approved or licensed by Neptune.Neptune makes no claims concerning operability and/or compatibility or third party reading systems.In addition.this Cortificato of Warranty shall not apply if
third party reading equipment is believed to have caused damage to the meter or register.In order to determine its liability,if any.under this Certificate of Warranty.Neptune shall have the right to
inspect any Water Meter or pan thereof that is claimed to be defective at Neptune or other location designated by Neptune.
NEPTUNE'S UABIUTY WITH RESPECT TO BREACHES OF THE FOREGOING LIMITED WARRANTY SHALL BE LIMITED AS STATED HEREIN.NEPTUNE'S UABIUTY SHALL IN NO EVENT EXCEED
THE PURCHASE PRICE.NEPTUNE SHALL NOT 8E SUBJECT TO AND DISCLAIMS THE FOLLOWING:(1)ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF
WARRANTY(2I ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CUUMS(INCLUDING NEGLIGENCE AND STRICT UABIUTY)OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT
TO PRODUCTS SOLD OR SERVICES RENDERED BY NEPTUNE.OR ANY UNDERTAKINGS,ACT OR()MISSIONS RELATING THERETO.AND 13)ALL CONSEQUENTIAL.INCIDENTAL SPECIAL,MULTIPLE,
EXEMPLARY,AND PUNITIVE DAMAGES WHATSOEVER.
MO MI
( ) NEPTUNE gig
TECHNOLOGY OCOUP INC.
, • _ . I 1 1Encoder RRae MANAGEMENT
„Products Covered
This warranty shall apply to both the ProRead Absolute Encoder and E-Coder Solid State Absolute Encoder Registers.hereinafter rererred to as'Product"sold by Neptune Technology Group Inc.The
wartanty is extended only to utilities,municipalities.other commercial users,and authorized distributors,hereinafter referred to as'Customer.'and does NOT
Materials and workmanship
Neptune Technology Group Inc.("Neptune')warrants that the product shall be free from defects in manufacture and design for a period of ten(10)years from the date of shipment)such period being
the"Warranty Period')when installed,serviced and operated according to Neptune's instructions.Neptune shall not be responsible for any defects in the product(whether due to design.materials.
manufacture,or otherwise)which manifest themselves after the expiration ol the Warranty Period.Neptune will repair or replace a nonferforming product free of charge for ten 1
Warranties are inapplicable under certain conditions
This warranty does not include field replacement labor or materials costs,which are itte responsibility of the Customer.This warranty does not apply if product is placed in notHecommenderl
installations:may have been repaired with pans not recommended by Neptune:15 converted.altered or connected by other titan Neptune recommended procedures:is used with other than genuine
Nepttme components or read by equipment not approved or licensed by Neptune;or damaged due to improper care or maintenance,or improper periodic testing(please refer lo Encoder quick install
guide).This warranty does not apply to any Product that has been damaged by.or subiected to.conditions which.in the opinion of Neptune.have affected the Product's ability of performance,including
but not limited to:misuse;improper handling;application or installation:excessive operating conditions;tampering or unauthorized repairs and modifications:accidental or Intentional damage;or acts
of God.In no event shaU Neptune be liable for special,incidental.indirect or consequential damages.including,without limitation,lost revenue.
THE ABOVE WARRANTY IS TM SOLE AND EXCLUSIVE WARRANTY GIVEN BY NEPTUNE WITH RESPECT TO THE PRODUCT.ALL OTHER WARRANTIES.COMMONS,TERMS,
REPRESENTATIONS, ,• OTHER LEGALLY OPERATIVE PROVISIONS1. E. „PRODUCT ARE HEREBY EXPRESSLY EXCL1MED.INCLUDING WMIOUT ,
N.ANY
CONDMON,TERM, 1 REPRESENTATMN OR OTHER OPERATIVE , , ,MERCHANTABIUTY OR ,.
PARAGRAPH IS EXPRESSLY INTENDED ,EXCLUDE '1 !Cov1 COMMON 1 1 PURPOSE1 • 1 1
ANY
AMBIGUITY OR MISUNDERSTANDING. •1. '11 POINT ARE CUSTOMER'SRESPONSIBILITY. 7' 1 EVENT EXCEED
THE PURCHASE PRICE.NEPTUNE SHALL NOT BE SUBJECT TO AND DISCLAIMS THE FOLLOWING:(1)ANY OTHER OBUGATIONS OR LIABILITIES AFIISING OUT OF BREACH CIF CONTRACT OR OF
WARRANTY.12)ANY OBLIGATIONS WHATS1 .1 1' ClAiMS IINCWOING1 1'ARISING UNDEROTHER THEORIESOF LAW WITH RESPECT
1 PRODUCTS1 1 1'SEANCES RENDERED BY OR ANY UNDERTAKINGS. 1'OMISSIONS THERETO: 1 CONSEQUENTIAL. ! MULTIPLE.
1 PUNITIVE DAMAGES WHATSOEVER.
TECHNOLOGY GROH? INC. 47.,=1,,
ENcottoi Da as
Encoder Compatibility Guarantee RRae �LITY
MANAGEMENT
SYSTEMS'
Automatic Reading and Billing(ARBA)System(ARB V, ProRead",and E-Coderm)
With the purchase of the ARO encoder metering system,Neptune will provide the assurance that the ARB System purchased today can be expanded from reading with Neptune handheld devices to
reading with Neptune mobile products and fixed network systems.
GUARANTEE OF COMPATIBILITY
The Pocket ProReader RF.Advantage Probe,11900".E•CoderIR900i',DAP handhelds(PC9300.9800&CE5320111 and Neptune mobile systems are designed and built by Neptune.This guarantees the
utility compatibility between these systems and the NIB encoder registers.
For Probed Reads:When reading ARB encoders with the Pocket Profteader RF Advantage Probe,or DAP handhelds(PC9300.9800 and CE53206),Neptune guarantees that the meter reading obtained
will match the mechanical odometer reading,or Neptune will pay the difference at the rate cunently in force.
For RE Reads:When reading ARB encoders connected to an 8900 where the R900 reads a ProRead or ARO V encoder hourly,or in the case of&Coder where the 11900 reads the E•Coder every 15
minutes,Neptune guarantees the encoder reading and the remote reading will match upon manual activation of the R900 with a magnet to force an immediate read and transmission.In the event of
the E•Coder)1190Dr where the 11900 transmission is updated every 15 minutes.Neptune will guarantee the encoder reading and remote reading to match upon this update.If the electronic reading on
the handheld device is less than the odometer reading.Neptune will pay the difference at the rate currently in force.
Damage Guarantee
The Pocket ProReader RF,Advantage Probe,11900.E-Coder01900i,DAP handholds(PC9300&9800,CE53208f and Neptune mobile systems are warranted against causing damage to any ARO encoder
register during intenogation.if i1 is found that the Pocket ProReader RE Advantage Probe.11900,DAP handhelds(PC9300&9600,CE53200)or Neptune mobile systems caused damage to an ARB
encoder register during interrogation,Neptune will either repo r or replace the register at no charge to the utility.
II there are any questions concerning this Meter&Reading Information Systems Guarantee,please write to Manager of Consumer Relations.Neptune Technology Group Inc..1600 Alabama Hwy.
229.Tallassea,Alabama 36070
If a Neptune water meter fails an accuracy test during an applicable warranty period,it may be returned to Neptune for repair or replacement at Neptune's option An accuracy test shall be conducted
by the customer according to AWWA standards.If foreign material causes the meter not to perform appropriately,all such materials shall be removed prior to the customer conducting the lest.Any
meter being returned for repair to Neptune under this performance guarantee must be returned with a copy of the customer's test results.If the meter is returned to Neptune without a copy at the
test results or it Neptune's factory test shows the meter to meet current AWWA standards,the customer will be charged a nominal testing fee by Neptune in such cases.Neptune will repair or replace
the meter at Neptune's option atter the meter has been tested by Neptune.Meters repaired or replaced under the performance guarantee will be guaranteed to perlomr to AWWA repaired meter
accuracy standards This guarantee is wed if components have not been maintained or installed according to Neptune installation and maintenance guidelines,or are otherwise damaged or defective.
The accuracy guarantee wit not apply where a properly formatted electronic meter reading cannot be obtained on six digit encoders.The last digit will be displayed only as a zero 16)or live 15)when
read remotely.As part of the encoder technology,the electronic reading from the 11900 is guaranteed to match the reading on the encoder register upon manual activation of the 8900 with a magnet
to force an immediate read and transmission(one per hour).System damage as a result of vandalism or acts of God are not covered.Additional warranties may also apply to individual system
components.Neptune's liability with respect to breaches of the foregoing warranty shall be limited as stated herein.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 liabilities arising out of breach of contract or of warranty:(2)any obligations whatsoever arising from ton claims
(including 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(3)all consequential,incidental,special,multiple,exemplary,and punitive damages whatsoever.
MI
THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES,WHETHER EXPRESSED.THE
IMPLIED OR STATUTORY,INCLUDING.WITHOUT LIMITATION,ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR v
FITNESS FOR A PARTICULAR PURPOSE. CN, NEPTUNE
wENCODER er® TECHNOLOGY GaOUP INC.