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R-88-1153 - 8/25/1988WHEREAS, the City of Round Rock has duly advertised for bids for a flow computer system for the West Wastewater Treatment Plant, and WHEREAS, Gulf Systems has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Gulf Systems, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Gulf systems is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Gulf Systems for a flow computer system for the West Wastewater Treatment Plant. ATTEST: RESOLVED this C29RESGULFS RESOLUTION NO. //.53/C day of August, 1988. MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: August 22, 1988 SUBJECT: Council Agenda, August 25, 1988 ITEM: 10C. Consider a resolution authorizing the Mayor to enter into a contract with Gulf Systems for Flow Computers at the West Wastewater Treatment Plant. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: In order to comply with Water Commission requirements, two flow recorders need to be installed at the West Wastewater Treatment Plant. One bid was received on 8 -9 -88. Public Works staff recommends award to Gulf Systems for the price, of $9,000.00. CITY OF ROUND ROCK PUBLIC WORKS PROJ ECT FLOW COMPUTER SPECIFICATIONS AND CONTRACT DOCUMENTS 1153/& FLOW COMPUTER SPECIFICATIONS AND CONTRACT DOCUMENTS THE CITY OF ROUND ROCK, TEXAS AUGUST 1988 TABLE OF CONTENTS 1.0 NOTICE TO BIDDERS NB -1 2.0 BID DOCUMENTS BD -1 3.0 POST BID DOCUMENTS PBD -1 4.0 GENERAL CONDITIONS GC - 5.0 SPECIAL CONDITIONS SC -1 6.0 TECHNICAL SPECIFICATIONS T -1 1.0 NOTICE TO BIDDERS NOTICE TO BIDDERS Saaled proposals addressed to the City Manager, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing and delivering two (2) Flow Canputers to the City of Round Rock, Texas, will be received until Tuesday, August 9, 1988 at 2:00 p.m. then publicly opened and read aloud. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time wiil be returned unopened. Bids must be submitted on City of Round Rock proposal forms and must be accompanied by an acceptable bid security, payable to the City of Round Rock, Texas, equal to five percent (5%) of the total bid amount. Proposal forms, Specifications and Instructions to Bidders may be obtained from the Department of Public Works, 300 South Blair, in Round Rock, Texas, beginning July 21, 1988 for a non - refundable charge of $5.00 per set. In case of ambiguity, duplication or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round rock further reserves the right to reject any or all bids and waive formalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds when required as outlined in the bid documents. Publication Dates: 7/18/88 7/25/88 8/01/88 8/08/88 NB - 1 Joanne Land City Secretary City of Round Rock 2.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders ar required to read the specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigations of the difficulties to be encountered and judge for themselves of the ease of providing the services outlined in the proposal and all attending circumstances affecting the cost of providing the services outlined in the proposal and the time required for their completion; and obtain all information required to make an intelligent proposal. 2. Should the bidder find discripancies in, or omissions from, the specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Owner and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Invitation to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall bec accompanied by a cashier's check upon a National or State bank in an amount less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee performance and payment bonds within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will promptly be returned to the respective bidder except that of the top three (3) successful bidders which the City of Round Rock will hold until the successful bidder will be returned. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. BD -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) p r i c e s submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within thirty (30) days after opening of the proposals, and no bidder may withdraw his proposal within said thirty (30) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a satisfactory performance bond in the amount of one - hundred percent (100 %) of the total contract price and a satisfactory payment bond in such amount, both duly executed by such bidder as principal and by a corporate surety duly authorized to so act under the laws of the State of Texas and Surety. 12. If the total project amount is less than $25,000.00, the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the surety bond as required, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and /or material furnished. BD -2 17. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an Organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by 'issuing to his supplier an exemption certificate complying with State Comptroller's ruling 495 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling 495 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. BD -3 and fiunly bound unto the The CONDITIONS OF THIS OBLIGATION has submitted the above mentioned the "SPECIFICATIONS FOR FURNISHING at the office of the OWNER on BID BOND ITCH ALL MEN BY THESE PRESENTS, THAT WE , hereinafter refer- red to as the "OWNER ", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for services described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ NOW, THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the town bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a resonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 19 . Principal Surety By (Seal) By: (Seal) BD , as PRINCIPAL and , as SURETY, and held ARE SUCH THAT whereas, said PRINCIPAL bid to the OWNER, for services under FLOW COMPUTERS , for which bids are to be opened , 19 . 'E 1 F PROPOSAL BIDDING SHEET JOB NAME: Flow Computers JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: August, 1988 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby propcses to do all the work,• to furnish all necessary superintendence, labor, machinery, equipment, tools, matAr;als, insurance and miscellaneous items, to complete all the work on which he hfris as provided by the attached supplemental specifications for providing FLOW COMPUTERS and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: BASE BID Bid Item Description Unit Them Quantity Unit and Written Unit Price Price 1. 2 Ea. Flow Computer, complete including delivery, per Each for Four Thousand Dollars 'and 00 Cents $ 4,000 00 $ 8.000.00 TOTAL BASE BID (Item 1) $ 8.000.00 ALTERNATE BID A lA 2 Ea. Flow Computer, complete including delivery and installation, per Each for Four Thousand Five Hundred Dollars and • 00 Cents $ 4,500.00 $ 9,000.00 • TOTAL ALTERNATE BID A $ 9,000.00 BD - 5 Amount If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within five (5) days after written notice to proceed. The undersigned further agrees to complete the work in full within 45 calendar days after the date of the written notice to proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The owner reserves the right to reject any or all bids and may waive any informalities. Respectfully submitted, Pre .du - Title for: N mcLu Name of firm Secretary, if Contractor is a Corporation BD -6 P.O. Bo< 453'2 /456%) 78 _ Ad re s 5125 4$-!1 Te ephone 0 I.i ELI ►_� ��" • 3.0 POSP BID DOCUMENTS THE STATE OF TEXAS COUNTY OF WELLIAMSON AGREEMENT KNOWN ALL MEN BY THESE PRESENTS That this Agreement made and entered into this U/' ,;clay of A.D., 19 �`� , by and between the CEPY OF ROUND ROCK TEXAS, it Mayor, FFE Party, hereinafter termed the Owner, and 4k1D of the City of Ougitiu ,County of , State of , Second Party, hereinafter termed Contractor. The The The The The The TiAtacii Notice to Bidders Instructions to Bidders Proposal and Bidding Sheets Performance & Payment Bonds Certificate of Insurance General Conditions of Agreement PBD -1 WICNESSEPH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said First Party (Owner), the said Second Party (Contractor) hereby agrees with tho First Party to commence and complete the work for certain imprpvements at the prices set forth in the Contractor's Proposal dated gl 9 fr ' or certain improvements described as follows: The Contractor shall perform all work - -- described in the Specifications anal shall meet all requirements of this Agreement, the General and Special Conditions of the Contract and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to this Agreement . The Contractor hereby agrees to commence work under this contract within 5 consecutive calendar days after the date in the Notice to Proceed given to the Contractor and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within 45 calendar days after the date of the written Notice to Proceed. Time is of the essence to this contract- The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deductions, all as provided in the General Conditions of the Agreement. The following documents together with this Agreement, comprise the Contract, and they are as fully a part thereof as if herein repeated in full: The Special Conditions of Agreement The Technical Specifications The Special Provisions Addenda Change Orders The Plans 1 1 1 1 1 1 1 ,AGREEMENT (CONTINUED) IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in the year and day first above written. ATTES • By OA AL AL! # i Cl Secretary PBD -2 CITY OF ROUND • +CK TEXAS, OWNER By Mayor Contractor • THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND . KNOW ALL MEN BY THESE PRESENTS THAT, City of , County of , and State of as.principal, and • authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Round Rock, Texas,•here- inafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (Owner), in the penal sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bond themselves, and their heirs, administrators, executors, successors and assigns jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein consisting of: of the • NOW THEREFORE,. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said contract and shall, in all respects, duly and faith- fully observe and perform all and singular the convenants, conditions and agreements in and by said Contract, agreed and convenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workman- ship of, the in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the Contract Completion Certificate and all other covenants and conditons, according to the true intent and meaning of said Contract, and the Plans and Specifications hereto annexed, then remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copies at length herein. • . Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. PBD •- 3 1. PERFORMANCE BOND (CONTINUED) 1 � ' IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this 11 instrument this day of , 19 11 Principal Surety 1 By - By • Title Title 11 Address " " Address' '] ' I The name and address of the Resident Agent of Surety is: 1 I 11 1 1 1! 1 1 11 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON THAT, County of and State of as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (OWNER), in the penal sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bond themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: • • WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of • , 19 _, to which contract.is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID Prin- . cipal shall pay all claimants supplying labor and material to him or a subcon- '-tractor in the of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of and said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of , 19 • Principal Surety By Title Address PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS of the City of II The name and addre c,f the Resident Agent of Surety is : PRn - 5 qOf CERTIFICATE OF INSURANCE COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND COND1- TION90F SUCH POLICIES, TYPE OF INSURANCE GENERAL LIABILITY A i3 COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCPEOUL ED 30 HIRED Ad TOO ` 03 053300 3)10E0 GARAGE LIABILOT EXCESS LIABILITY OTHER THAN UMBRELLA FORM TPP300421 POLICY NUMBER WC694207 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS 003C/ E'/ECTRE DATE ,M1.U06-Y 12 -11 -87 12 -11 -87 'Ot'CY EiPRA003 CATE ■MM,CDNY' 12 -11 -88 12 -11 -88 $ 100 $ 500 $ 100 ALL LIMITS IN THOUSANDS GENENAI 003330333 S 300 =ROaCTS COAIPOPS AGGREGA•E S 300 PER50331 1 000 0RNSNG'3.03I $ 300 URAE•.01 S _ 300 15: S 300.3 5003 ,PEA 2 45GN1 C woR 03ui11l S rArUroav $ *03nE,A _ :000H ACC'015 :' 1015EASE POLICY L MI•) I DISEASE EACH EMPLOYEE) 1 WORKERS' COMPENSATION AND EMPLOYERS' UABILITY OTHER CERTIFICATE HOLDER .City of Round Rock 214 E. Main, 'Round Rock, Texas 78664 Attn: Danny Halden CANCELLATION Issue DATE (M ADOITT) 9 -14 -88 SHOULD ANY OF THE ABOVE DESC LIED POLICIES BE CANCELLED BEFORETHE EX•. • PIRATON DATE THEREOF, THE ISSUING COMPANY WILL MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILTY OF ANY KIND THE COMPANY, ITS NTS OR REPRESENTATIVES. AUTHORIZED REPRESE COMPANY LETTER B Northwestern PRODUCER Dan Ross Insurance 4202 Spicewood Springs Rd. #105 Austin, Texas 78759 INSURED A.T. Systems, Inc. dba Gulf Systems P.O. Box 4537 Austin, Texas 78765 19 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER A Northwestern National Lloyds COMPANY G LETTER COMPANY D LETTER COMPANY E LE National Casualty TYPE OF INSURANCE POLICY NO. EFFECTIVE . —DATE . EXPIRATION .. DATE.... . — .LIMITS.OF.LIABILITY Workmen's Compensation •. Statutory,.State of Texas, $ Employer'.s Liability Comprehensive General Liability Includes Contractual ---- •- Liability Covers Independent Contractors Owner's Protective • • • - . • • • . . :'. Bodily. Injury $ • •- each person $ each person . Property.Damage $' ". each accident $• aggregate Bodily Injury .$ each person '•$ each accident Property Damage •$ • • • ...each accident $ • aggregate - Comprehensive Automobile %_: Liability--. .. Owned Vehicles -- Hired Vehicles Non -owned .Vehicles Includes Contractual Liability ... • - ... ' - . - • . . / -_ ::;le•: - • ' - . - ,_ ' Bodily Injury - '$ .• •..:.•each person '' '$ • each accident Property Damage . S each accident • . 1 TO: City of Round Rock 214 East Main Street Round Rock, Texas 78664 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT is, at the date of this certificate, insured by this company with respect to the business opera- tions hereinafter described, for the types of insurance and in accordance with ' the provisions of the standard policies used by this company, and further here- inafter described. Exceptions to standard policies are noted on the reverse - side hereof. PBD - 6 Date: Description of Work: 1 ' 1 1 ( 1 CERTIFICATE OF INSURANCE (CONTINUED) The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than ten (10) days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, ' or alters the coverage afforded by policy or policies indicated by this certificate. PBD - 7 (Name of Insurer By: Title: Address: by MAINTENANCE BOND BOND NUMBER AMOUNT That we, KNOW ALL MEN BY THESE PRESENTS, (hereinafter called the "Principal.") as Princpai, and the , a corporation duly organized under the laws of the State of , and duly licensed to transact business in the State of (hereinafter ca ll e d th "Surety"), as Surety, are he and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of dollars (5 ),for the payment cf which sum well and truly to be made, we, the said Principal and the caul Surety, bind ourselves, our heirs, executors, administrators, succes -s and assigns, j3intly and severally, firmly by these presents. Sealed with our seals and dated this day cf ,A.D. nineteen hundred and WHEREAS, the said Principal has heretofore entered into a contract with dated , 19 , far construction of WHEREAS, the said Principal is required to guarantee the work under swirl contract, against defects in materials or workmanship, which may develop during the period of year(S) from the date cf acceptance of the project above described, by owner THE CITY OF ROUND ROCK, TEXAS NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION IS SUCH, that if said Prindcal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of year(S) from the date of acceptance of the project above described, by owner THE CITY OF ROUND ROCK, TEXAS or shall pay over, make good and reimburse to the said Obligee all lass and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise stall remain in full force and effect. Principal PBD - 8 Surety by 4.0 GENERAL CONDITIONS GENERAL CONDITIONS OF THE AGREEMENT General Conditions of the Agreement, on file at the Department of Public Works, 300 South R1air, Round Rock, Texas 78664, are hereby included by reference. GC - 1 5.0 SPECIAL CONDITIONS SECTION 01- INFORMATION 01 - ENGINEER The word "Owner" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, named and designated in the Agreement as the "Party of the first Part" acting through its duly authorized officers and agents. 01 - COPIES OF SPECIFICATIONS FURNISEED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and Technical Specifications free of charge, and additional sets will be obtained from the owner at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All services contracted for and as provided for under these Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 - LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the canpletion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withold permanently fran the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $50.00 per calendar day. SC -1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 SECTION 02- SPECIAL CONSIDERATIONS 02 - 01 CROSSING UTILITIES Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. 02 -03 GUARANTEES Guarantee work, including equipment installed, shall be free from defects due to faulty workmanship for a period of one (1) year from the date of final acceptance by the Owner. Materials furnished shall be free from defects for a period of one (1) year or the period provided by the manufacturer, whichever is longer, from the date of final acceptance by the Owner. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. Prior to payment by the Owner to the Contractor, the Contractor shall provide to the Owner a Maintenance Bond for not less than ten (10) percent of the total contract amount and such bond shall be in force for a time period as outlined above. 02 - MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. SC -2 02 -05 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources cannitted to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accanplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be emitted. At any time during the duration of this contract, the Owner reserves the right to snit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 - CONSTRUCTION REVIEW SECTION 03- INSURANCE The Owner shall provide a project representative to review the quality of materials and workmanship. 02 - LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to canplete all work included in this contract, so authorized by the Owner, as described in the contract documents and technical specifications. A11 items of work not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Owner. 03 -01 Insurance policies must be obtained by the Contractor or separate endorsement obtained by his existing insurance policies on projects that involve special hazards, such as blasting, excavation on public properties, etc. The principal types of insurance which will be necessary are: Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 3.17 in the General Conditions entitled Indemnification ". The liability coverage under this policy shall cover Independent Contractors. SC -3 Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $300,000 each person $300,000 each accident Property Damage $100,000 each accident $100,000 aggregate A $500,000 umbrella coverage shall also be required. Public Liability and Property Damage to protect the Contractor, any of his sub- contractors and the Owner against claims arising from personal injury, including accidental death, as well as claims or property damage. The amount for liability is $250,000 /$500,000. The amount of property damage is $100,000 per accident. Automobile and Truck Public Liability and Property Damage to protect the same individuals as indicated above, and in the same amount of liability. Worker's Ca pensaion and Employer's Liability Builder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. The Contractor shall supply to the Owner a Certificate of Insurance, on a form supplied by the insurance canpanies or a form similar to the attached samples from the Contractor prior to the start of work. Owner's Protective as required by the General Conditions of the Agreement. SC - 4 6.0 TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS FOR FLOW COMPUTERS GENERAL TRANSDUCER SENSOR CABLE There shall be supplied two (2) each Flow Computers, and they shall be delivered complete with all cables, connectors, mounting brackets, appurtenances, and all other hardware necessary for their complete installation, operation and intended application. The Flow Computers shall be delivered to the Owner at the location as specified by the Owner. Each Flow Computer shall consist aE a solid state pressure transducer and a computer capahle of being field mounted. Each Flow Computer shall be equivalent to Model WDM -4 Flow /Level Computer as manufactured by Montedoro-Whitney and shall be as specified herein. The Depth Transducer shall be of the solid state, direct immersion, piezo-resistive type. The Transducer shall be polyurethane encapsulated and shall have a direct hydraulic coupling, and shall interface with the fluid through a permanently gel - filled port not larger than 1/32nd of an inch diameter, so that it shall be immune to fouling by silt, sludge, bacterial growth; and shall not be affected by velocity changes. The Transducer shall be temperature compensated, and barometric-pressure equalized, and shall have an integral amplifier to allow the Transducer to have an output voltage of 1-6 VDC. The Transducer shall have a flat stainless steel plate attached to its bottom to allow for mounting. The Depth Transducer sh$11 be designed specifically for installation beside a 90 V -Notch Weir on the wall immediately adjacent to the Weir and a stainless steel mounting bracket to allow for such installation shall be provided. The Depth Transducer shall have an accuracy of 0.25% Full. Scale, minimal hysteresis, and repeatability of + one count. The Depth Transducer and the Computer shall be interconnected by means of special, oceanographic grade cable. The sensor cahle shall have a waterproof outer jacket T -1 COMPUTER of polyurethane which shall, remain flexible to -40 degrees F. The sensor cable shall be resistant to acidental penetration, and shall contain within a single jacket both the electrical conductors and the atmospheric reference tut The sensor cable shall be permanently bonded to the Transducer housing to provide a permanent water -tight aal There shall be supplied a Computer, suitahle for fi.id installation, including stainls steel mounting packets as required. The Computer shall be manufactured by the same manufacturer of the above specified specified sensor. However, a Computer compatible with the above specified sensor and equivalent to the aforementioned Computer may be supplied with written approval from the Owner. In all cases the computer shall meet the following minimum criteria - HOUSING The Computer shall be furnished housed in a NEMA 4X water tight enrleeure, of torsion- resistant fiberglass, with locking hasps and Lexan viewing window. The dimensions of the enclosure shall be adequately sized to contain the computer, printer, back -up battery and all other necessary appurtenances and shall be as relected by the Owner. COMPUTER The Computes shall be a dedicated microprocessor, of CMOS electronic design, which shall operate on either AC voltage of 110 VAC 60 HZ or on 12 VDC. The Computer shall accomplish all of the specified functions of the instrument internally. FUNCTIONS The Computer shall be programmable in the field for time, date, instrument identification number, flow equation, engineering units, display scaling, output scaling, and printer operation functions. All such field programming shall be accomplished by means of either front panel elector switches ar internal matrix programming switches. No external programming device shall be required. FLOW EQUATIONS The Computer shall be supplied pre- programmed with flow equations for most common weirs and flumes, and shall be T -2 cap hle of being optionally programmed in the field for any smooth depth- to-flow relationship, including half -round pipe, and the Manning equation. FRONT PANEL There shall be supplied on the front panel a liquid crystal display which shall indicate either depth or flow, as Pelected by a rotary switch on the front panel. Also on the front panel shall be a rotary switch which shall control the functions of the integral digital printer. The rotary switches shall also provide for: setting and viewing date and time (including year, month, day, hours and minutes); testing and viewing back -up battery system status; and, setting and viewing the identification number or code There shall also be located on the front panel a 6 -digit electromechanical totalizer of the "secret reset" variety, which shall be programmah1P by the matrix switches in the Computer. DIGITAL PRINTER Mounted integrally with the front panel, and internally in the NEMA 4X enclosure shall be a digital printer which shall be controlled by the dedicated microprocessor. The printer shall accept an RS -232 -C ASCII output from the microprocessor, and shall be controlled by the front panel switches. The printer shall: print the results of the automatic system diagnostic check on command; print the header, time, date, and instrument identification number on demand, or automatic -any a 0000 hours every day; print the column headers "FLOW" or "DEPTH" as selected on rhw matrix switches; and pant averages of either flaw or depth on mlected time intervals of 1, 2, 5, 10, 15, 20, 30, or 60 minutes. These time intervals shall be user - selectable by means of the matrix switches in the Computer. At 0000 hours, or on demand, the printer shall print "AVERAGE DAILY FLOW (LEVEL) " /QUANTPPY; "MINIMUM FLOW (LEVEL)" /QUANTITY /TIME; "MAXIMUM FLOW ( LEVEL ) " /Q UANTIT Y/TIM E. Sufficient thermal printer paper shall be supplied with the printer to allow for an entire year of operation with one roll of paper when the time interval of 60 minutes or "hourly average flow" is selected. An additional five (5) rolls of thermal printer paper, each capable of allowing for an entire year of operation as outlined above, shall also be supplied Analog chart recorders, or digital printers which print only digital code shall. not be acceptable T -3 TRADE NAMES OUTPUTS The Computer shall generate digitally with 0 to 4095 steps of resolution a 4 -20 mADC output, a 1 -5 VDC output, a programmahlP SPST Dry contact sampler trigger, and an RS -232 -C ASCII output. BATTERY BACK -UP SYSTEM The Computer shall integrally contain a a1f- recharging 12VDC battery back -up system which shall maintain the computer in operating mode for a minimum of 3 hours after loss of AC power. The battery shall be a rechargpah1P, cealerl, lead acid gel cell, and shall be housed internally in the instrument enclosure. The status of the battery back -up system shall be capable of being checked and tested by the Computer. Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dfa1r, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Owner in the Owner's golf. discretion. MATERIALS AND WORKMANSHIP Where mai-prialA or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufactures, but rather to set a definite standard of quality for performance, and to establish an equal hams for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to are used, they shall be understood to mean that the item referred to shall be "proper", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Owner. Unless otherwise specified, all materials shall be new and the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words or equal to" or other such expressions may be used in the specifications in conection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Owner, and the Owner will have the right to require the use of such sper•ifimlly designated material, article or process T -4 INSTRUCTION MANUALS There shall be included with each Flow Computer supplied, a new and complete set of Instruction Manuals that contain all necessary and pertinent information and manufacturer's recommendations for the proper operation, maintenance and installation of each Flow Computer. INSTALLATION Each Flow Computer shall be installed in accordance with the manufacturer's recommendations. PAYMENT Each installation shall be in accordance with all applicahla ccdes and ordinances as adopted by the City of Round Rock, Texas. All electrical work wi11 be inspected by the Building Inspection Department of the City of Round Rock. All non - electrical work will be inspected by the Public Works Department of the City of Round Rock. The Contractor will correct any part of the installation deemed unacceptable by Building Inspection or Public Works. The Owner shall specifiy the location for each installation. Upon completion of installation, a demonstration shall be made to the Owner and/or the Owner's representatives showing that all functions of each Flow Computer operate Properly. Payment for materials furnished will be made by the Owner within thirty (30) days after the date that such materials are delivered to the Owner and have been deemed acceptable by the public. Works Department of the City of Round Rock, Texas. Payment for materala furnished and installed will be made by the Owner within thirty (30) days after the date that installation is complete and deemed acceptable by the Public. Works Department of the City of Round Rock, Texas. Note that payment will not be made until all appropriate Maintenance Bonds have been provided to the Owner as stipulated in Section 02 -03 of the Special Conditions. T -5