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HomeMy WebLinkAboutresolution.council.051-20 RESOLUTION #051 (Series of 2020) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND BADGER METER, INC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Advanced Metering Infrastructure (AMI) Project Badger Meter Supply, between the City of Aspen and, a true and accurate copy of which is attached hereto as Exhibit "A", NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that a contract for Advanced Metering Infrastructure (AMI) Project Badger Meter Supply between the City of Aspen and Badger Meter, Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11 th day of August 2020. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, August 1 Ith, 2020. T1 Nicole Henning, City berk �IBPI CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OF ASPEN SUPPLY PROCUREMENT City of Aspen Project No.: 51131-2020 AGREEMENT made as of 11 th day of August, in the year 2020. BETWEEN the City: Contract Amount: The City of Aspen c/o Ryan Loebach 130 South Galena Street Total: $238,858.28 Aspen,Colorado 81611 Phone: (970)920-5055 If this Agreement requires the City to pay And the Vendor: an amount of money in excess of $50,000.00 it shall not be deemed valid Badger Meter, Inc until it has been approved by the City c/o Jon Watson Council of the City of Aspen. 7220 South Fraser Street City Council Approval: Centennial,CO 80112 Phone: (3 03)339-9100 Date:August 11, 2020 Resolution No.: #051 of 2020 Summary Description of Items to be Purchased: Encoded registers for Badger Meters sizes 1/4", 1",and 1.5"and pipe fittings for Badger Meters. Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. The City and Vendor agree as set forth below. 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Delivery. (FOB: 500 Doolittle Drive,Aspen, CO 81601) [Delivery Address] 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. Included 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained,to be performed,kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the.laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation,review or drafting of the Agreement. 1 l. Certification Re ag rding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (A)Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. (B)Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement,or to any solicitation or proposal therefore. (C)Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1)year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (D)In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities,kickbacks and conflict of interest,the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of$50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98,pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein, of which,to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: Attest: By: Aspenlty h'�''��' 'Nicole i kdc &/�- " --- Date SUPPLIER Badger Meter.Inc. By: Charla D Dury Assistant Secretary Title June 11 2020 Date 4545 W Brown Deer Road Badger Meter PO Box 245036 Milwaukee,Wisconsin 53224-9536 414-355-0400 800-876-3837 www.badgermeter.com CERTIFICATION OF SIGNATURE AUTHORITY I certify as follows: By Board Resolution adopted by the Board of Directors of Badger Meter,Inc.and in full force and effect as of this date: The following elected executive officers are,among other things,hereby authorized to execute,amend,and cancel bids and contracts for the sale of products,distributor and representative agreements,bid bonds,surety bonds,contracts,leases and certain other legally binding documents in the ordinary course of business,in the name of Badger Meter,Inc.(or Badger Meter,Inc.dba National Meter&Automation): William R.A.Bergum Vice President—General Counsel&Secretary Kenneth C.Bockhorst President and Chief Executive Officer Kimberly K.Stoll Vice President—Sales&Marketing Robert A.Wrocklage Sr.Vice President—Finance,CFO,and Treasurer The following elected non-executive officers are hereby authorized to execute,amend,and cancel bids,bid- related contracts and documents,requests for proposals and quotes,an all other bid-related documentation in the name of Badger Meter,Inc. (or Badger Meter,Inc.db a National Meter Automation) Wayne Dennis Assistant Secretary Sr.Director—International Sales and Marketing and Business Development Charla D.Dury Assistant Secretary Project Manager—Bid and Contract Administration Frank J.Fenton Assistant Secretary Director—Utility Sales Konrine L.Fleming Assistant Secretary Manager—Bid and Contract Admin. Jessica L.Kent Assistant Secretary Senior Project Manager—Bids and Contract Administration Nathanial R.Hawley Assistant Secretary Director—Distribution Administration Rebecca L.Loomans Assistant Secretary Senior Project Manager—Bids and Contract Administration Benjamin E.Loomis Assistant Secretary Milwaukee Credit Manager Pamela G.Stokke-Ceti Assistant Secretary Assistant General Counsel and Director Christopher D.Washington Assistant Secretary Senior Proposal Lead �tt�ttttrrrr� BY. � •��cGF�M Er�RA' June 5 2x720 _*.' % �pOF?I- Date `4) rVD 0 William R.A.Bergum SEALs =Vice President—General Counsel&Secretary 1905 Badger Meter, Inc. W7SCONg, Badger Meter Exhibit A - List of supplies, Domestic Quotation equipment, materials to be Quotation No.3156884 4545 W Brown Deer Road Milwaukee WI 53223 purchased -- 28 July 2020 PO Box 245036 Milwaukee WI 53224-9536 Phone:800-876-3837 Fax:888-371-5982 Revised Date To Customer ID 00023859 CITY OF ASPEN 130 S GALENA ST ASPEN Colorado 81611 Effective Dates 06-02-2020-06-02-2021 Salesperson Proposal Subject Shipping Terms/INCO Terms Payment Terms 005438 JON WATSON Proposal_3156884_06-03-2020 PREPAY/ADD TO INVOICE NET 30 DAYS FCA FACTORY Description Qty Unit Net Price Line Totals USD USD 308 6.38 1,965.04 BMI Part No.:69262-091 Description: COUPLING 3/4 BRASS, 1N#1NL 430 9.04 3,887.20 BMI Part No.:69262-092 Description: COUPLING 1"BRASS,2NL#2NL 150 81.24 12,186.00 BMI Part No.:69262-006 Description: FLANGE KIT 1-1/2"NL ELLIPTICALW/ZINC HDWR,GASKET#3BPKNL 76 97.29 7,394.04 BMI Part No.:69262-005 Description: FLANGE KIT 2"NL ELLIPTICALW/ZINC HDWR,GASKET#4BPKNL 1 0.00 0.00 BMI Part No.:67660-001 Description: PROGRAMMING KIT HR-E LCD BMI Part No.:64436-041 1 0.00 0.00 Description: ACTISYS IR RAW COMM CABLE-USB ACTISYS ACT IR224UN-L+ Estimated Lead Time 40 1800 86.74 156,132.00 BMI Part No.: 102-4801 Description: R4-REGISTRATION FOR: D61 -MODEL 35 HR-E LCD,CA-FOR CONNECTIVITY TO ORION,2-POLYMER LID/POLYMER SHROUD(GREY) Tom Seal Screw, 1 -Standard,9 Dial-0.01 Gal,E-1,000 NN-YR MFG 9D BRCD IN,YR MFG 9D OUT None,PJ-PIGTAIL-25 FT(MTR,EP)N/A BOA- BADGER METER STANDARD(ID=BOA)0-NONE 24 PACK DEFAULT 16 Cat String: R4-DB1-E1CA-2B1-9AE-NN-XX-PJ-XX-BOA Thank you for your businessl This quotation is an offer made subject to the terms&conditions found on our website:www.badgermeter.com/Company/Legal/Sales-Terms.aspx Quoted prices are firm for acceptance,via an order,within the effective dates provided,shipping within 60 calendar days past the expiration of this quotation. Page 1 of 2 Badger Meter Domestic Quotation g Quotation No.3156884 Description Qty Unit Net Price Line Totals USD USD 350 86.74 30,359.00 BMI Part No.: 100-9232 Description: R4-REGISTRATION FOR:KC1 -MODEL 70 HR-E LCD,CA-FOR CONNECTIVITY TO ORION,2-POLYMER LID/POLYMER SHROUD(GREY) Tom Seal Screw, 1 -Standard,9 Dial-0.01 Gal,E-1,000 NN-YR MFG 9D BRCD IN,YR MFG 9D OUT None, PJ-PIGTAIL-25 FT(MTR, EP)N/A BOA- BADGER METER STANDARD(ID=BOA)0-NONE 24 PACK DEFAULT 16 Cat String: R4-KCI-E1CA-2B1-9AE-NN-XX-PJ-XX-BOA 250 107.74 26,935.00 BMI Part No.: 101-3702 Description: R4-REGISTRATION FOR:Model 120,HR-E LCD,CA-FOR CONNECTIVITY TO ORION,2-POLYMER LID/POLYMER SHROUD(GREY)Tom Seal Screw, 1 -Standard,9 Dial-0.1 Gal, E-1,000 NN-YR MFG 9D BRCD IN,YR MFG 9D OUT None, PJ-PIGTAIL-25 FT(MTR, EP)N/A BOA-BADGER METER STANDARD(ID=BOA)0-NONE 24 PACK DEFAULT 16 Cat String: R4-ND1-E1CA-2B1-9BE-NN-XX-PJ-XX-BOA Subtotal-USD 238,858.28 Total Price-USD 238,858.28 Notes and Assumptions Estimated Lead Time 5-6 Weeks on time of ordering. If applicable,sales tax and freight,if included on the proposal, is an estimate and will be recalculated based on rates and tax status in effect at the time of invoicing. To aid in processing your order, please include the Quote number on the PO that is submitted for this proposal. If you would like to place an order,please contact us at Utilityorders2@badgermeter.com or by calling 1-800-876-3837. Thank you for your businessl This quotation is an offer made subject to the terms&conditions found on our website:www.badgermeter.com/Company/Legal/Sales-Terms.aspx Quoted prices are firm for acceptance,via an order,within the effective dates provided,shipping within 60 calendar days past the expiration of this quotation. Page 2 of 2 Badger Meter HR-E® LCD Encoder DESCRIPTION Applications:The High Resolution encoder(HR-E LCD)is a fully electronic,solid-state encoder with no moving parts.It is designed for use with all current Badger Meter Recordall•Disc,Turbo Series, Compound Series,Combo Series and Fire Service meters and assemblies.The HR-E LCD provides connectivity with Badger Meter ORION*and GALAXY®AMR/AMI endpoints and other AMR/AMI technology solutions approved by Badger Meter. NOTE: For more detailed information,refer to the document HR-E LCD Encoder User Manual,available at www.badgermeter.com. Field Programmable:The HR-E LCD encoder comes standard as factory programmed to customer specifications,with the option for field programming the unit of measure,meter type,meter model, digit resolution from the encoder,billing units,and rate-of-flow time and units.Programming is performed through the IR port via a computer. Electronic Resolution:Standard encoded output from the HR-E SPECIFICATIONS LCD is nine digits. Straight reading,permanently sealed, Status Indicators:Status indicators are sent as part of the encoder Encoder type electronic LCD absolute encoder with extended message to AMR/AMI systems such as ORION Cellular, field-programmable option Fixed Network and Migratable endpoints that are capable of Status indicators,unit of measure,billing units, receiving an extended message.The details can also be read automatic toggle between 9-digit and 6-digit through an IR interface. Encoder display consumption(segmented leak detector in this Mounting:Icons on the HR-E LCD encoder face indicate encoder mode),rate of flow,meter model status and alarm conditions.The fully potted encoder assembly U.S.gallons,Imperial gallons,cubic feet, has a bayonet mount compatible with all Recordall Disc,Turbo Unit of measure cubic meters,and liters clearly identified on Series,Compound Series,Combo Series and Fire Series meters register face and assemblies.The bayonet mount positions the encoder in any Flow rate Seconds,minutes,and hours of four orientations for visual reading convenience.The HR-E LCD Numerals 7 mm(0.28 in.)high encoder can be removed from the meter without disrupting Weight 11 ounces water service. Humidity 0...100%condensing Magnetic Drive Communication:The HR-E LCD encoder detects Storage:-40...60°C(-40...140°F) movement of the wet side meter magnet with magnetic sensors to Temperature Max.ambient for 1 hr:72°C(150°F) provide reliable and dependable encoded communication. Electronics&Display:-10...60°C(14...140°F) Tamper-resistant Features: Electronic and visual icons for: Unauthorized removal of the HR-E LCD encoder is inhibited by a meter functioning correctly,meter alarm tamper-resistantTorx seal screw.Torx seal screws are provided as Status (indicates temperature limits exceeded, standard accessories.Optional proprietary tamper-proof screws are indicators magnetic tamper or encoder removal),reverse also available. flow,suspected leak,30-day no usage,end of batter life Magnetic sensors detect and report an attempted encoder Signal output Industry standard ASCII format removal.In addition,the HR-E LCD encoder is resistant to magnetic tampering.The encoder detects an attempted tamper—as well as Signal type Three-wire synchronous for AMR/AMI solutions encoder removal—and sends a tamper alarm in either situation. Red=clock/power,Black=ground;Green=data Approved endpoints capable of receiving the alarms,such as Battery Lithium thionyl chloride AA cell,fully ORION Cellular,Fixed Network and Migratable endpoints,can then encapsulated within encoder housing report the tamper condition to the meter reading software. Battery Life 20 years(calculated) ENC-DS-01763-EN-04(August 2017) Product Data Sheet HR-Ea LCD Encoder Construction:The housing of the HR-E LCD encoder is constructed MEASUREMENT RESOLUTION of an engineered polymer enclosure and a polycarbonate lens. The electronic encoder output resolution of the HR-E LCD is as For long-term performance,the enclosure is fully encapsulated, noted below. weatherproof,and UV-resistant to withstand harsh environments and to protect the electronics in flooded or submerged pit Recordall 9-dial encoder 9-dial encoder al Size(in.) encoder applications.An epoxy potting(patent pending)comprises the Disc Series output(gal) output(ft3) output(m3) encoder bottom.Due to this unique sealing,the HR-E LCD exceeds LP 5/8,5/8 x 3/4 0.01 0.001 0.0001 all applicable requirements of AWWA Standard C706 and C707. M25 5/8,5/8 x 3/4 0.01 0.001 0.0001 Wire Connections:The HR-E LCD encoder is available with an M35 3/4 0.01 0.001 0.0001 in-line connector for easy connection and installation to AMR/AMI M40 1 0.01 0.001 0.0001 endpoints.It is also available with a flying lead for a field splice M55 1 0.01 0.001 0.0001 connection,or fully prewired to an AMR/AMI endpoint. M70 1 0.01 0.001 0.0001 M120 1-1/2 0.1 0.01 0.001 Operating Characteristics:The HR-E LCD encoder is shipped in M170 2 0.1 0.01 0.001 storage mode so a meter status alarm is not triggered.In storage Recordall mode,the meter model screen is displayed.Upon sensing two Turbo Size 9-dial encoder 9-dial encoder 9-dial encoder revolutions of the meter magnet,the encoder goes into normal Series (in.) output(gal) output(ft3) output(m3) operation mode.The display then automatically toggles between T160 1-1/2 0.1 0.01 0.001 these four modes: T200 2 0.1 0.01 0.001 • 9-digit consumption displays for 45 seconds. T450 3 0.1 0.01 0.001 • 6-digit consumption(segmented leak detector in this mode) T1000 4 0.1 0.01 0.001 displays for 5 seconds. T2000 6 1 0.1 0.01 • Rate of flow displays for 5 seconds. T3500 8 1 0.1 0.01 • Meter model displays for 5 seconds. T5500 10 1 0.1 0.01 DIMENSIONAL DRAWINGS T6 12 10 1 0.01 T666 00 00 16 10 1 0.01 T10000 20 10 1 1 0.01 9-dial Recordall Size 9-dial encoder 9-dial encoder encoder Compound Series (in.) output(gal) output(ft") output(m3) High Side T200 2 0.1 0.01 0.001 Low Side M25 2 0.01 0.001 0.0001 High Side T450 3 0.1 0.01 0.001 JEW Low Side M25 3 0.01 0.001 0.0001 High Side T1000 4 0.1 0.01 0.001 Low side M35 4 0.01 0.001 0.0001 High Side T2000 6 1 0.1 0.01 Low Side M35 6 0.01 0.001 0.0001 High Side T3500 8 1 0.1 0.01 Figure 1:Top view Low side M120 1 8 1 0.1 1 0.01 0.001 NOTE: For Fire Service Meters and Assemblies,please refer to appropriate Disc and TSM information provided above. 1.78" 2.27" I 0 I 3.53" Figure 2:Front view Making Water Visible® Figure 3:Lek side view GALAXY,Making Water Visible,ORION and Recordall are registered trademarks of Badger Meter,Inc.Other trademarks appearing in this document are the property of their respective entitles.Due to continuous research,product improvements and enhancements,Badger Meter reserves the right to change product or system specifications without notice,except to the extent an outstanding contractual obligation exists.m 2017 Badger Meter,Inc.All rights reserved. www.badgermeter.com The Americas I Badger Meter 14545 West Brown Deer Rd I PO Box 2450361 Milwaukee,WI 53224-95361800-876-3837 414-355-0400 M6xico I Badger Meter de las Americas,S.A.de C.V.I Pedro Luis Ogaz6n N*321 Esq,Angelina N'241 Colonia Guadalupe Inn I CP 01050 1 Mexico,DF I ML&xlco 1+52-55-5662-0882 Europe,Eastern Europe Branch Office(for Poland,Latvia,Lithuania,Estonia,Ukraine,Belarus)I Badger Meter Europe I ul.Korfantego 6 44-193 Knur6w I Poland 1+48-32-236-8787 Europe,Middle East and Africa I Badger Meter Europa GmbH I Nurtinger Str 76 172639 Neuffen I Germany I+49-7025.9208-0 Europe,Middle East Branch office I Badger Meter Europe I PO Box 341442 1 Dubai Silicon Oasis,Head Quarter Building,Wing C,Office#C2091 Dubai/UAE 1+971-4-371 2503 Slovakia I Badger Meter Slovakia s.r.o.I Racianska 109/B 183102 Bratislava,Slovakia 1+421-2-4463 83 01 Asia Pacific I Badger Meter 180 Marine Parade Rd 21-06 Parkway Parade I Singapore 449269 1+65-63464836 China I Badger Meter 7-1202 199 Hangzhong Road I Minhang District I Shanghai I China 2011011+86-21-5763 5412 Switzerland I Badger Meter Swiss AG I Mittelholzerstrasse 8 13006 Bern I Switzerland 1+41-31-932 01 11 Legacy Document Number:LCD-T-01 HR-E° LCD Badger Meter High Resolution ELCD encoder PRODUCTS COVERED This Badger Meter warranty shall apply to the High Resolution With respect to products not manufactured by Badger Meter,the ELCD encoder(HR-E LCD)("Product"),sold on or after warranty obligations of Badger Meter shall in all respects conform April 20,2016.The warranty is extended only to utilities, and be limited to the warranty extended to Badger Meter by municipalities,or other commercial users,and authorized the supplier. Badger Meter,Inc.(Badger Meter®)distributors,hereinafter referred to as"Customer,"and does NOT apply to consumers or any person THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF or entity who is not an original customer of Badger Meter or its ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, authorized distributors. INCLUDING BUT NOT LIMITEDTO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE MATERIALS AND WORKMANSHIP (except warranties of title). Badger Meter warrants the Product to be free from defects in Any description of a Product,whether in writing or made orally materials and workmanship appearing within ten(10)years and six by Badger Meter or its agents,specifications,samples,models, (6)months after shipment from Badger Meter. bulletins,drawings,diagrams,engineering sheets or similar materials used in connection with any Customer's order are for the PRODUCT RETURNS sole purpose of identifying the Product and shall not be construed as an express warranty.Any suggestions by Badger Meter or its Product failures must be proven and verified to the satisfaction agents regarding use,application or suitability of the Product shall of Badger Meter.The Badger Meter obligation hereunder shall be not be construed as an express warranty unless confirmed to be limited to such repair and replacement and shall be conditioned such,in writing,by Badger Meter. upon Badger Meter receiving written notice of any asserted defect within 10(ten)days after its discovery.If the defect arises and a EXCLUSION OF CONSEQUENTIAL DAMAGES AND valid claim is received within the Warranty Period,at its option, DISCLAIMER OF OTHER LIABILITY Badger Meter will either(1)exchange the Product with a new,used or refurbished Product that is at least functionally equivalent to the Badger Meter liability with respect to breaches of the foregoing original Product,or(2)refund the purchase price of the Product. warranty shall be limited as stated herein.Badger Meter liability shall in no event exceed the contract price.BADGER METER SHALL Product returns must be shipped by the Customer prepaid F.O.B. NOT BE SUBJECTTO AND DISCLAIMS:(1)ANY OTHER OBLIGATIONS to the nearest Badger Meter factory or distribution center.The OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF Customer shall be responsible for all direct and indirect costs WARRANTY,(2)ANY OBLIGATIONS WHATSOEVER ARISING FROM associated with removing the original Product and reinstalling the TORT CLAIMS(INCLUDING NEGLIGENCE AND STRICT LIABILITY) repaired or replacement Product.A replacement Product assumes OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECTTO the remaining warranty of the original Product,or ninety(90)days PRODUCTS SOLD OR SERVICES RENDERED BY BADGER METER,OR from the date of replacement,whichever provides longer coverage. ANY UNDERTAKINGS,ACTS OR OMISSIONS RELATING THERETO, AND(3)ALL CONSEQUENTIAL,INCIDENTAL AND CONTINGENT LIMITS OF LIABILITY DAMAGES WHATSOEVER. This warranty shall not apply to any Product repaired or altered by any party other than Badger Meter.The foregoing warranty applies only to the extent that the Product is installed,serviced and operated strictly in accordance with Badger Meter instructions.The warranty shall not apply and shall be void with respect to a Product exposed to conditions other than those detailed in applicable technical literature,or which have been subject to vandalism, negligence,accident,acts of God,improper installation,operation or repair,alteration,or other circumstances which are beyond the reasonable control of Badger Meter. ENC-WR-02058-EN-02(April 2016) Badger Meter Warranty HR-E*LCD,High Resolution ELCD encoder Making Water Visible® HR-E and Making Water Visible are registered trademarks of Badger Meter,Inc.Other trademarks appearing in this document are the property of their respective entities.Due to continuous research,product improvements and enhancements,Badger Meter reserves the right to change product or system specifications without notice,except to the extent an outstanding contractual obligation exists.co 2016 Badger Meter,Inc.All rights reserved. www.badgermeter.com The Americas I Badger Meter 14545 West Brown Deer Rd I PO Box 2450361 Milwaukee,W 153224-9536 800-8763837(414-355-0400 MAxico I Badger Meter de las Americas,S.A.de C.V.I Pedro Luis Ogaz6n N°32 I Esq.Angelina N*241 Colonia Guadalupe Inn I CP 010501 MOxico,OF I M6xico 1+52-55-5662-0882 Europe,Middle East and Africa I Badger Meter Europa GmbH I Nurtinger Str 76172639 Neuffen I Germany 1+49-7025-9208-0 Europe,Middle East Branch Office I Badger Meter Europe I PO Box 341442 1 Dubai Silicon Oasis,Head Quarter Building,Wing C,Office#C2091 Dubai/UAE 1+971-4-371 2503 Czech Republic I Badger Meter Czech Republic s.r.o.I Mafikova 2082/261621 00 Brno,Czech Republic I+420-5-41420411 Slovakia I Badger Meter Slovakia s.r.o.I Racianska 109/B 183102 Bratislava,Slovakia 1+421-2-4463 83 01 Asia Pacific I Badger Meter 180 Marine Parade Rd 121-06 Parkway Parade I Singapore 449269 1+65-63464836 China I Badger Meter 17-1202 199 Hangzhong Road I Minhang District I Shanghai I China 201101 +8621-5763 5412 Legacy document number:LCD-W-01