The URL can be used to link to this page

R-06-01-26-10C1 - 1/26/2006RESOLUTION NO . R -06-01-26-10C1 WHEREAS, the City of Rock has duly advertised for bids for cold water meters for the City, and WHEREAS, Master meter, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Master Meter, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Cold Water Meters with Master Meter, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of January, 2006 NY ATTEST: CHRISTINE R. MARTINEZ, City Secr=ary @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R60126C1.WPD/SC 410 � nE Mayor 401/4 �f Round Rock, Texas CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF COLD WATER METERS FROM MASTER METER, INC. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: That this Agreement for purchase of cold water meters (referred to herein as the "Agreement") is made and entered into on this the day of the month of 200 , by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and MASTER METER, INC., a Texas corporation whose offices are located at 101 Regency Parkway, Mansfield, Texas 76063 (referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase cold water meters from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for City to provide said goods and services, and City has selected the Bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE: WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby Vendor is obligated to furnish specified goods, equipment and/or services, and City is obligated to pay for said goods, equipment and/or services. The instant Agreement includes the following: (a) City's Invitation for Bid designated as IFB 05-028, Specification Number 05-890-44 dated June 2005; (b) Vendor's Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. 00093613/jkg EXHIBIT b 2 0 8 "A" Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Purchaser's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified services, supplies, materials, or equipment. F. Vendor means Master Meter, Inc., or any of its successors or assigns. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for three (3) consecutive twelve (12) month periods from the effective date. Prices shall be firm for the duration of the terms of this Agreement, except as otherwise provided for herein. This Agreement may be renewed for two (2) additional periods not to exceed twelve (12) months for each renewal, only upon the express written agreement of both parties and only provided Vendor has performed each and every contractual obligation specified in this Agreement. C. City reserves the right to review Vendor's performance at any time during the initial agreement period or any renewal periods, and may elect to terminate this Agreement with or without cause or may elect to continue. 2 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the goods and services as outlined in IFB 05-028, Specification Number 05-890-44 dated June 2005, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods and services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are as fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on Exhibit "A" are awarded to Vendor. 5.01 COSTS Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 7.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, 3 supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 ORDERS PLACED WITH ALTERNATE VENDORS If.Vendor cannot provide the goods and services as specified, City reserves the right and option to obtain same from other suppliers or sources. 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 05-028 and its bid response. 4 13.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Mark McCartan City of Round Rock Meter Service Supervisor 212 Commerce Cove Round Rock, Texas 78664 512-218-5578 Roy Franklin City of Round Rock Utility Support Superintendent 212 Commerce Cove Round Rock, Texas 78664 512-218-5578 14.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event, the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods and services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of perfoiiiiance under the "Right to Assurance" section herein; or 5 D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement for cause, that being in the event of a material and substantial breach by City, by providing the City with one hundred twenty (120) days' written notice prior to termination of the Agreement; and in the event of such written notice of termination, Vendor shall continue services for a period of time not to exceed one hundred twenty (120) days after written notification. Termination under this subsection (C) of Section 16.01 shall not relieve Vendor of any obligation or liability that has occurred prior to cancellation. D. In the event City terminates under subsections (A) or (B) of this Section 16.01, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as 6 amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 19.01 ASSIGNMENT AND DELEGATION The parties each bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor transfer any interest in this Agreement without prior written authorization of the other party. 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Master Meter, Inc. Attention: Ric O'Connor 101 Regency Parkway Mansfield, Texas 76063 Notice to City: David Kautz Assistant City Manager 221 East Main Street Round Rock, TX 78664 Stephan L. Sheets City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 7 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 23.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision, which is of the essence of this Agreement, be determined void. 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this 8 Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. CITY OF ROUND ROCK, TEXAS By: Title: Printed Name: Date Signed: ATTEST: Christine R. Martinez, City Secretary FOR CITY, APPROVED AS TO FORM: Stephan L. Sheets, City Attorney 9 MASTER METER, INC., a Texas corpor , ion Title: 177E2 Printed Name: .fr'/'v Date Signed: /c AMINE Mlb. Bid Opening: 7/19/05 11. B2O Technology 1 Discounts -0 7 o (o 0 CO C 0 ou7r E N C) N J Less 10% if awarded items 6-9 in toto. Less 10% if awarded items 10-13 in toto. ¢ z Q z Q z Less 10% if awarded items 18-21 in toto. TOTAL CO CO c> O O Cn CO M 4,677.50 O O Q) 10 0) O CC) CV CO inN. O O D7 CO 3,874.75 I N CO co P CO CO CO a r (D O O CO CC7 CO cd ri 19,450.00 O CO (D CD r CO CO O co M N O O O O 'd' CD O O O O 0 N O O O O O O O O O 1 N O O CV O r V O r O CO CO co N 1� N CO M d- d' d' CO CO (0 CO Q W 30.97 O Cy CO 'd' Cf) LO C) O 190.58 1.0 OD r M N ti r C j 774.95 1,557.79 CO V' CO N N 1,335.60 O O 0 co r CO N Cr) N CO O O r '1 d O O O COO' st O O N CO O 8,500.00 480.00 278.80 V CO Cn dM' r�`} 1C) V n 0) co r National Waterworks TOTAL O O O 0) CO CO O ti 0) C'3.. 3,583.00 O 0 M CO t` 11,477.50 0 !� O N N N O 0) 0) 0 N (!) 5,672.25 8,274.54 O O) 0) 10 O C O c M '1 r 0 O c h O '0 'd' (0 O 0) 0) Cl r (O N V N d' O O O N 33,446.16 CC) Cn r M CO N 3,599.10 0 co CC) N 10 U) O O 0 h M N (o 0 (n 6 Q W 27.99 0) M CO ~ co r 10 N Beer- 1(7 0) O r F 0 ° r 2,758.18 0) N r M O N 3,729.58 r COO (O 5,356.53 O rN' (O 8,361.54 r M COO O sY 0) ('4 N 368.39 O (0 CMO 926.04 Master Meter TOTAL 82,710.00 2,067.75 2,750.00 7,800.00 10,350.00 2,475.00 0 O O 0 CO 0 O 0 1 0 O O 0 CO 0 O O 0 r r 0 O O O CO r O O O 0 CO r j;% a';4J,;:: "t t ;iii �`'? ;5; yti :;: Vii....:. 16,733.32 CO CO (O CO O N 0 O O O M N 2,200.00 2,625.00 0 O CD O V 0 0 0 V' CO 5,250.00 Q N N 27.57 O 0 L() t(7 156.00 207.00 0 O Cf) 680.00 1,335.00 0 0 0 0 N 0 0 0 CO r O 0 O N r 0 O 0 0 N zL' _.' . riE 'ii-; 4,183.33 (0 CO r ([) 0 0 0 O CO 0 O O 175.00 O 0 h CO 405.00 875.00 USM&T TOTAL O O 0 0 O O O 0 CO CO co. r N O O t(') M IN O o { W �t d O) CO r 3,027.80 3,386.67 O O 1- N CO ►' CO O� CD 6r O r r n 11,122.20 O (C) 0) 0) N . Q ... CJ .. Ci Y i �.�. '. ': t " CSE Qs OiF. .IP O O u) N r tV 0 co. In CO N CO (0 r CO M 2,770.56 CO M W 35.00 O 0 CMD 147.00 183.00 I 378.89 (() O CO CO 2,090.00 (D 00) r n eY N 4,331.67 EC1IY r P 11 s` ,© f- O • N CO 4) N M N ti Estimated Annual Quantity 3,000 50 50 10 I 15 2 w I -a 5/8" X 3/4" Multi -Jet 3/4" Multi -Jet 1" Multi -Jet 1-1/2" Multi -Jet 2" Multi -Jet 3" Turbine 4" Turbine 6" Turbine 8" Turbine 3" Compound C o E 0 U 4t 6" Compound 8" Compound 4" Fire Service Meter 6" Fire Service Meter 8" Fire Service Meter 3" Fire Hydrant Meter 3" Strainer 4" Strainer 6" Strainer 8" Strainer W ! r N M 4--) CO (� O 0) O r N M ct 0[D O Q) N N Z00 E1 NISVHOHAd HMO t19 - O N N O N 69. TOTAL BID SZOL8TZZT5 XHd 9g:17T 900Z/9T/TO 7/512005 CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. RETURN SIGNED ORIGINAL AND ONE COPY OF BID SHOW BID OPENING DATE & BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED BID ENVELOPE & SHOW RETURN ADDRESS OF BIDDING FIRM. FACSIMILE RESPONSES SHALL NOT BE ACCEPTED BID F.O.B. DESTINATION (Paid & Allowed) UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock 5494 Interstate 35 Round Rock, TX 78681 INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 INVITATION FOR BID (IFB) BIDDING INFORMATION: Cold Water Meters BID NUMBER 05-028 OPENING DATE: 7/19/2005 at 3:00 P.M. BID LOCATION: 221 E. Main Street, 1st Floor Council Chambers, Round Rock, TX 78664 BIDDER SHALL SIGN BELOW Failure to sign bid will disqualify bid Authorized Sign�tCre Jerry Potter, President 7-18-05 Date Print Name Tice BIDDER AGREES TO COMPLY WITH ALL CONDITIONS SET FORTH BELOW AND ON THE REVERSE SIDE OF THIS IFB. SEE 1.7 OF BIDDING INSTRUCTIONS ATTACHED TAX IDNO.: 75-1739575 ITEM # LEGAL BUSINESS NAME: MASTER METER, INC . PRICE PER ITEM (EA) ADDRESS: 101 REGENCY PARKWAY 5/8" X 3/4" MULTI -JET ADDRESS: MANSFIELD, TX 76063 82,710.00 CONTACT: RIC O' C O N N O R 75 TELEPHONE NO.: 817 842 8000 3 BUSINESSENTITYTYPE: WATER METER MANUFACTURER, AMR PRODUCTS BIDDER AGREES TO COMPLY WITH ALL CONDITIONS SET FORTH BELOW AND ON THE REVERSE SIDE OF THIS IFB. "By the signature hereon affixed, the bidder h the antitrust laws of this State, codified in Sec indirectly, the bid made to any competitor or a .o n A I I r nor the entity represented by the bidder, or anyone acting for such entity has violated and Commerce Code, or the Federal antitrust laws, nor communicated directly or e of business." ITEM # ITEM ESTIMATED ANNUAL QUANTITY PRICE PER ITEM (EA) TOTAL PRICE (Lot - Annual) 1 5/8" X 3/4" MULTI -JET 3,000 27.57 82,710.00 2 3/4" MULTI -JET 75 27.57 2,067,75 3 1"MULTI-JET 50 55,00 2,750.00 4 1-1/2" MULTI -JET 50 156.00 7,800.00 5 2" MULTI -JET 50 207, 00 10,350, 00 6 3"TURBINE 5 495.00 2,475.00 7 4"TURBINE 5 680.00 3,400.00 8 6"TURBINE 3 1,335.00 4,005. 00 9 8"TURBINE 3 2,100, 00 6,300, 00 10 3" COMPOUND 10 1,130,00 11, 300, 00 11 4" COMPOUND 10 1,650.00 16,500.00 12 6" COMPOUND 5 2,700,00 13,500,00 13 8" COMPOUND 3 N/A N/A , 14 4" FIRE SERVICE METER 4 4,183,33 16,733,32 15 6" FIRE SERVICE METER 4 5,016..67 20,066,68 16 8" FIRE SERVICE METER 4 5,850,00 23,400..00 17 3" FIRE HYDRANT METER 5 440.00 2,200.00 18 3" STRAINER 15 175.00 2,625.00 19 4"STRAINER 15 267.00 4,005, 00. 20 6" STRAINER 8 405.00 3,240.00 21 8" STRAINER 6 875.00 5,250.00 EXHIBIT TOTAL ESTIMATED PRICE 240,677.75 "By the signature hereon affixed, the bidder h the antitrust laws of this State, codified in Sec indirectly, the bid made to any competitor or a .o n A I I r nor the entity represented by the bidder, or anyone acting for such entity has violated and Commerce Code, or the Federal antitrust laws, nor communicated directly or e of business." SPECIFICATION NO. 05-890-44 June 2005 CITY OF ROUND ROCK COLD WATER METERS 1. PURPOSE: The City seeks to contract with a qualified bidder to provide Cold Water Meters to the City of Round Rock. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City — Identifies the City of Round Rock, Williamson and Travis Counties, Texas. 2.3. Contract — A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services shall be procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Randy Barker Purchasing Supervisor City of Round Rock Telephone: 512-218-3295 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. PART I GENERAL CLAUSES AND CONDITIONS 1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. Page 1 of 14 SPECIFICATION NO. 05-890-44 June 2005 4. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Long-term cost to the City in acquiring goods or services. 4.6. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 5. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid. 6. AGREEMENT: This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. 6.1 The term of this Agreement shall be for three (3) consecutive twelve (12) month periods of time from the effective date. Prices shall be firm for the duration of the Agreement, except as provided for herein. This Agreement may be renewed for two (2) additional periods of time not to exceed twelve (12) months for each renewal provided the parties agree. 6.2 The City reserves the right to review the Vendor's performance at the end of each twelve (12) month period of time, and to cancel the contract (without penalty) or continue the contract through the next period. 6.3 The City reserves the right to review Vendor's performance at any time during the initial agreement or renewal period, and may elect to terminate this Agreement with or without cause or may elect to continue. 7. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly services or quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Contractor a written notice of termination at the end of its then current fiscal year. 8. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior notice to the other party. Contractor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Contractor of any obligation or liability that has occurred prior to cancellation. Note: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 9. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re -advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Page 2 of 14 SPECIFICATION NO. 05-890-44 June 2005 10. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost increase in goods or services in accordance with the Producers Price Index located at http://stats.bls.ciov/ppi/home.htm. Any price increase shall be requested by the Vendor in writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price decreases in excess of the allowable percentage change. 11. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 12. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 13. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 14. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. 14.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 14.2. - The following standard insurance policies shall be required: 14.2.1. General Liability Policy 14.2.2. Automobile Liability Policy 14.2.3. Worker's Compensation Policy 14.3. The following general requirements are applicable to all policies: 14.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 14.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 14.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 14.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 14.3.5. Policies shall include, but not limited to, the following minimum limits: 14.3.6. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 14.3.7. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 14.3.8. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for Page 3 of 14 SPECIFICATION NO. 05-890-44 June 2005 each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 14.3.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 14.3.10. Coverage shall be maintained for two years minimum after the termination of the Contract. 14.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 15. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions 15.1.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 15.1.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear) as to all applicable coverage. 15.1.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 15.1.4. Remove all language on the certificate of insurance indicating: 15.1.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 15.1.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 15.1.5. Provide for notice to the City at the addresses listed below by registered mail: 15.1.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent it may be covered by the proceeds of insurance. 15.1.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 15.1.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 15.1.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 15.1.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock, TX 78664-5299 Round Rock, TX 78664 16. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and Page 4 of 14 SPECIFICATION NO. 05-890-44 June 2005 accidents as set forth in the requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 17. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 18. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 18.1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 18.2 Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the OWNER. 18.3 Persons providing services on the Droiect ("subcontractor") in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity, which fumishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 18.4 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 18.5 The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 18.6 If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 18.7 The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: A. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and B. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 18.8 The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 18.9 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 18.10 The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Page 5 of 14 SPECIFICATION NO. 05-890-44 June 2005 18.11 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: A. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; B. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; C. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 1) a certificate of coverage, prior to the other person beginning work on the project; and 2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G), with the certificates of coverage to be provided to the person for whom they are providing services. 18.12 By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 18.13 The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. 19. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 20. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County, State of Texas. 21. CONTRACT ADMINISTRATOR: All goods purchased under this contract will be supervised and verified by the City representative(s) noted below. Mark McCartan, Meter Service Supv. or Roy Franklin, Utility Support Supt. at (512) 218-5578. 22. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. D. E. F. G. Page 6 of 14 SPECIFICATION NO. 05-890-44 June 2005 PART II SPECIFICATIONS 1. SCOPE: This specification describes the equipment necessary to meet the City's need for Cold Water Meters. The successful bidder shall provide all labor and materials to supply and deliver Cold Water Meters to the City of Round Rock. 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance and design criteria of Cold Water Meters as well as certain details to which the successful bidder shall conform. Bidders shall be responsible for furnishing equipment that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that is designed for the intended application. 3. NOTICE TO BIDDER: Bidders are cautioned to read the specifications carefully, as there may be special requirements not commonly offered by the equipment manufacturer. Any unit delivered to the FOB point, which does not meet this specification in every aspect, will not be accepted. 4. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the bid that is the Best Value for the City from information submitted with the bid. All bidders shall furnish the following information at a minimum: 4.1 References: Provide the name, address, telephone number and point of contract of at least three firms for which the bidder has performed similar service within the past five years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. Failure to include references with submittal shall result in disqualification from consideration for award. 4.2 Identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted. The City retains the right to approve or disapprove all subcontractors prior to any work being performed. 5. CONFIDENTIALITY OF CONTENT: Bids received shall be subject to release as public information unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act. Bidders are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential bidders. 5.1 If a bidder believes that a bid or parts of a bid are confidential, then the bidder shall so specify. The bidder shall stamp in bold red letters the term "confidential" on that part of the solicitation, which the bidder believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All bids and parts of bids that are not marked as confidential will be automatically considered public information after the contract is awarded. 6. MANUALS: One set of manuals and documentation shall be supplied for each type of meter purchased upon delivery and shall provide complete and comprehensive information on all equipment, equipment components and accessories. 7. WARRANTY: The unit shall be warranted against defects in material and workmanship for a period of not less than 12 months beginning with the date of acceptance. If the manufacturer's standard warranty exceeds 12 months, then the manufacturer's standard warranty shall be in effect. The successful bidder shall furnish a copy of the manufacturer's warranty at time of delivery. 8. ESTIMATED QUANTITIES: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the quantity needed to satisfy operating requirements, which may be more or Tess than indicated. The following chart reflects estimated quantities of Cold Water Meters required by the City on an annual basis. Page 7 of 14 - SPECIFICATION NO. 05-890-44 June 2005 SIZE: ESTIMATED ANNUAL QUANTITIES: 5/8 " x 3/4' multi -jet 3000 3/4' multi jet 75 1" multi -jet 50 1 %2 " multi -jet 50 2" multi jet 50 3" turbine 5 4" turbine 5 6" turbine 3 8" turbine 3 3" compound 10 4 " compound 10 6 " compound 5 8 " compound 3 4" fire service meter 4 6" fire service meter 4 8" fire service meter 4 3" fire hydrant meter 5 3" strainer 15 4" strainer 15 6" strainer 8 8" strainer 6 9. RESIDENTIAL AND SMALL BUSINESS WATER METERS: 5/8" through 1" water meters shall meet the following minimum requirements: 9.1. FUNCTIONAL REQUIREMENTS: 9.1.1. Conformance To Standards: Shall comply with ANSI/AWWA Standard C708- 96 or latest revision. Each meter shall be tested to insure compliance. 9.1.2. Construction: Water meter shall consist of three basic components: main case, measuring chamber and sealed register. 9.1.2.1. Main cases shall be bronze with externally -threaded spuds. 9.1.2.2. Registers shall be housed in synthetic polymer ring and lid. 9.1.2.3. Measuring chambers shall be made of Polystyrene, Nylon and Polycarbonate. 9.1.2.4. Water meters shall be corrosion -resistant, tailored thermoplastic material formulated for Tong -term performance and especially suitable for aggressive water conditions. 9.1.2.5. Bronze or plastic bonnet on 5/8" meter; plastic bonnet on 3/4" and 1" meters. 9.1.3. Register: Standard register shall include: 9.1.3.1. Hermetically sealed glass lenses; 9.1.3.2. Magnetic drive design to eliminate dirt and moisture contamination, tampering and lens fogging problems; 9.1.3.3. A straight reading, odometer -type totalization display; 9.1.3.4. A 360 -degree test circle with center sweep hand; 9.1.3.5. A low flow (leak) detector; Page 8 of 14 SPECIFICATION NO. 05-890-44 June 2005 9.1.3.6. Gears shall be self-lubricating, molded plastic for long life and minimum friction. 9.1.4. Tamper -Resistant Feature: Shall contain a locking system to prevent customer removal of the register to obtain free water. 9.1.5. Magnetic Drive: The water meter shall contain a hydro -dynamically cushioned design that eliminates premature wear of components. 9.1.5.1. The meter shall utilize a positive, reliable drive coupling. 9.1.5.2. The high-strength magnets used shall eliminate "drive slip" in normal use and also provide adequate strength to drive remote register units. 9.1.6. Operation: 9.1.6.1. Water shall flow through the meter's strainer and into the measuring chamber where it drives the impeller. 9.1.6.2. The impeller shall have a bearing balanced on a tungsten -based titanium stainless steel shaft. 9.1.6.3. The drive magnet shall transmit the rotation of the impeller to a drive magnet located within the hermetically sealed register. 9.1.6.4. The drive magnet shall be connected to the register gear train to reduce the impeller's rotation into volume totalization units displayed on the register dial face. 9.2. TECHNICAL REQUIREMENTS: 9.2.1. Normal operating flow: 5/8" size 1 to 20 gal/min.; 3/4" size: 2 to 30 gal/min.; 1" size: 3 to 50 gal/min. 9.2.2. Accuracy: 100% ± 1.5% of actual thru put in normal flow range. 9.2.3. Low flow registration: 5/8" size: 97% at 1/4 gal/min.; 3/4" size: 97% at gal/min.; 1" size: 97% at 3/4 gal/min. 9.2.4. Maximum pressure loss: 5/8" size: 7.0 psi at 20 gal/min.; 3/4" size: 9.0 psi at 30 gal/min.; 1" size: 7.3 psi at 50 gal/min. 9.2.5. Maximum operating pressure: 150 psi (10.0 bar). 9.2.6. Measurement element: Multi -jet. 9.2.7. Register: Straight reading, hermetically sealed, magnetic drive. 9.2.8. Registration: 9.2.8.1. 10 gallons, 1 cubic foot or 0.01 -m3 -sweep hand resolution. 9.2.8.2. 10,000 gallons, 1,000,000 cubic feet or 10,000-m3 capacity; 9.2.8.3. 6 odometer wheels. 9.2.9. Materials: 9.2.9.1. Main case and register box — bronze; 9.2.9.2. measuring chamber - Nylon, Polycarbonate; 9.2.9.3. bottom plate — bronze; 9.2.9.4. magnets — ceramic material; 9.2.9.5. casing bolts: stainless steel; 9.2.9.6. strainer — synthetic polymer. 10. RESIDENTIAL AND SMALL BUSINESS WATER METERS: 1 %2' and 2" water meters shall meet the following minimum requirements: Page 9 of 14 SPECIFICATION NO. 05-890-44 June 2005 10.1. FUNCTIONAL REQUIREMENTS: 10.1.1. Conformance To Standards: Shall comply with ANSI/AWWA Standard C708- 96 or latest revision. Each meter shall be tested to insure compliance; 10.1.2. Construction: Water meters shall consist of three basic components: main case; measuring chamber; and sealed register; 10.1.2.1. Main cases shall be bronze with flanges. 10.1.2.2. Measuring chambers shall be made of Polystyrene, Nylon and Polycarbonate; corrosion -resistant, tailored thermoplastic material formulated for long-term performance and especially suitable for aggressive water conditions. 10.1.2.3. Registers shall be housed in synthetic polymer ring and lid. 10.1.2.4. Water meters shall have a plastic bonnet. 10.1.3. Register: Standard register shall include: 10.1.3.1. Hermetically sealed glass lenses; 10.1.3.2. Magnetic drive design to eliminate dirt and moisture contamination, tampering and Tens fogging problems; 10.1.3.3. A straight reading, odometer -type totalization display; 10.1.3.4. A 360 -degree test circle with center sweep hand; 10.1.3.5. A low flow (leak) detector; 10.1.3.6. Gears shall be self-lubricating, molded plastic for long life and minimum friction. 10.1.3.7. No change gears shall be required for accuracy calibration. 10.1.4. Tamper -Resistant Feature: Shall contain a locking system to prevent customer removal of the register to obtain free water. 10.1.5. Magnetic Drive: The water meter shall contain a hydro -dynamically cushioned design that eliminates premature wear of components. 10.1.5.1. The meter shall utilize a patented positive, reliable drive coupling. 10.1.5.2. The high-strength magnets used shall eliminate "drive slip" in normal use and also provide adequate strength to drive remote register units. 10.1.6. Operation: 10.1.6.1. Water shall flow through the meter's strainer and into the measuring chamber where it drives the impeller. 10.1.6.2. The impeller shall have a bearing balanced on a tungsten -based titanium stainless steel shaft. 10.1.6.3. The drive magnet shall transmit the rotation of the impeller to a drive magnet located within the hermetically sealed register. 10.1.6.4. The drive magnet shall be connected to the register gear train to reduce the impeller's rotation into volume totalization units displayed on the register dial face. 10.2. TECHNICAL REQUIREMENTS: 10.2.1. Normal operating flow range: 1-1/2" (DN 40mm) size: 5 to 100 gal/min.; 2" (DN 50mm) size: 8 to 160 gal/min. 10.2.2. Accuracy: 100% + 1.5% of actual through -put in normal flow range. 10.2.3. Low flow registration: 1-1/2" (DN 40mm) size: 95% at 1.5 gal/min.; 2" (DN 50mm) size: 95% at 2 gal/min. Page 10 of 14 SPECIFICATION NO. 05-890-44 June 2005 10.2.4. Maximum pressure loss: 1-1/2" (DN4Omm) size: 3.3 psi @ 50 gal. /min.; 2" (DN 50mm) size: 4.3 psi @ 80 gal/min. 10.2.5. Maximum operating pressure: 150 psi (10.0 bar). 10.2.6. Measurement element: Multi -Jet. 10.2.7. Register: Straight reading, hermetically sealed, magnetic drive. 10.2.8. Registration: 10.2.8.1. 100,000,000 gallons, 100 gallon / sweep hand revolution; 10.2.8.2. 10,000,000 cubit feet, 10 C.F./ sweep hand revolution; 10.2.8.3. 100,000 c.m. 0.1 m3h/sweep hand revolution. 10.2.9. Materials: Main case — bronze;Register box- synthetic polymer (standard); 10.2.13. Measuring chamber - nylon, polycarbonate; Bottom plate -bronze; Magnets - ceramic material; Casing bolts -stainless steel; Strainer -synthetic polymer. 11. COLD WATER TURBINE METER, SIZES 3" & 4": 11.1. Specifications: 11.1.1. Hermetically sealed direct read register. 11.1.2. Lightweight bronze body. 11.1.3. Quick service with unitized measuring chamber. 11.1.4. AWWA Compliance C701 Class II. 11.1.5. Flow regulator to protect impeller and measuring unit from foreign particles. 11.1.6. Vacuum sealed register in stainless steel housing with heat treated glass Tens, center sweep hand, leak indicator, easily adapts to metric and 360 degree register rotation simplifies meter reading. 11.1.7. Main case, register box and lid to be bronze. 11.1.8. Inlet and outlet connections shall be flanged. 11.1.9. Shall have a distinct advantage of low flow accuracy, with a streamlined flow pattern for reduced head Toss. 12. COLD WATER TURBINE METER, SIZES 6" & 8": 12.1. Specifications: 12.1.1. Hermetically sealed direct read register. 12.1.2. Light weight bronze body. 12.1.3. Quick service with unitized measuring chamber. 12.1.4. AWWA Compliance C701 Class II. 12.1.5. Flow regulator to protect impeller and measuring unit from foreign particles. 12.1.6. Vacuum sealed register in stainless steel housing with heat treated glass lens, center sweep hand, leak indicator, easily adapts to metric and 360 degree register rotation simplifies meter reading. 12.1.7. Main case, register box and lid to be bronze. 12.1.8. Inlet and outlet connections shall be flanged. 12.1.9. Shall have a distinct advantage of low flow accuracy, with a streamlined flow pattern for reduced head loss. 13. COMPOUND METERS, 3", 4", 6" AND 8": 13.1. Specifications: 13.1.1. 3" — Minimum flow — %Z g.p.m.; Continuous operating range — 4-160 g.p.m.; Maximum flow — 320 g.p.m. Page 11 of 14 SPECIFICATION NO. 05-890-44 June 2005 13.1.2. 4" — Minimum flow — 3/4 g.p.m.; Continuous operating range — 6-250 g.p.m.; Maximum flow — 500 g.p.m. 13.1.3. 6" and 8" — Minimum flow — 1 '/2 g.p.m.; Continuous operating range — 10-500 g.p.m.; Maximum flow —1000 g.p.m. 13.1.4. At low flows, the differential pressure valve remains closed and water flows through the multi jet meter only. 13.1.4.1. When flow increases to about one-half the rated capacity of the low flow meter, hydraulic pressure in the differential pressure valve housing shall drop and cause the valve to open. 13.1.4.1.1. This allows water to flow through both the turbine and multi jet meters. 13.1.5. Total registration will be the combination of registration on both the turbine and multi jet meters. 13.1.6. At crossover meter accuracy will decrease to about 97% of the actual flow. This accuracy decrease shall result from the operation of the automatic valve. 13.1.7. Compound meter must accurately measure at least 97% of flows well above the AWWA specified 90%. 13.1.8. All piping and connections shall be bronze to meet AWWA Standard C-800 or latest revision. 13.1.9. The bronze housing of the differential pressure valve shall surround an engineered plastic clapper with stainless steel shaft and rubber valve seat. 14. FIRE SERVICE METERS, 4", 6" AND 8": 14.1. Specifications: 14.1.1. Shall meet the accuracy requirements of AWWA C703-86 or latest revision. 14.1.2. Single body housing turbine meter and check valve that is incorporated into assembly. 14.1.2.1. FM approved fire service strainer 14.1.2.2. Low flow bypass. 14.1.2.2.1. A multi jet meter on the bypass shall provide measurement of low flows. 14.1.3. External spring loaded check valve allowing for inspection of proper valve operation without interruption of service. 14.1.4. Fire service strainer shall be epoxy -coated fabricated steel body housing a 304 stainless steel screen; 14.1.4.1. Strainer shall incorporate a bolted, 0 -ring sealed drain plug, for easy flushing of debris without lid removal and easy resealing. 14.1.4.2. After removal of the lid bolts, strainer screen and screen support shall be removable, simplifying disposal of accumulated debris. 14.1.5. Turbine meter shall be an epoxy -coated, ductile iron body housing both turbine chamber and automatic check valve. 14.1.5.1. The meter's bronze upper body and measuring assembly shall allow measuring unit removal without pulling the meter from the line. 14.1.5.2. A combination of a fiberglass -reinforced nylon fixed flow straightener and flow straightener incorporated into the chamber housing condition flows to maximize accuracy. 14.1.6. Automatic check valve shall be incorporated into a single housing with the meter; Page 12 of 14 SPECIFICATION NO. 05-890-44 June 2005 14.1.6.1. Externally loaded spring valve shall offer check valve inspection and manipulation without any disruption of service. 14.1.6.2. External spring arm and springs shall be covered to eliminate accidental damage. 14.1.6.3. The valve shall have bronze clapper, ring, arm, and bushings, with rubber seat and stainless steel shaft. 14.1.6.4. Test port shall be provided in the valve cover. 14.1.7. Bypass meter shall be an appropriately -sized bronze case multi -jet meter providing tow -flow measurement to the Fire Service assembly. 14.1.8. The measuring chamber housing and measurement element shall be constructed of a rugged polymer. 14.1.8.1. The chamber housing shall be constructed in two parts, allowing easy access to the impeller. 14.1.8.2. Gate valves on the bypass shall allow isolation of the multi jet meter for maintenance. 14.1.8.3. Utilities will designate either left or right side factory installation of the bypass meter assembly. 15. FIRE HYDRANT METER, 3": 15.1. Specifications: 15.1.1. Hermetically sealed direct read register 15.1.2. Interchangeable measuring element 15.1.3. Shall include a locking carrying handle 15.1.4. Shall include a vacuum sealed register in stainless steel housing with heat treated glass tens. 15.1.5. Shall have a center sweep hand. 15.1.6. Shall have a leak indicator. 15.1.7. Shall easily adapt to metric. 15.1.8. Shall have a 360 degree register rotation to simplify meter readings. 15.1.9. Maincase shall be lightweight aluminum. 15.1.10. Inlet connection shall be a 2 %' NST swivel fitting while the outlet fitting is 2 W' male NST. 15.1.11. Shall include a built in strainer to provide protection from foreign particles while reducing the effects of uneven water flow due to upstream piping variations. 15.1.12. Shall be designed for accuracy over a wide range of flows the MFH has a distinct advantage of low flow accuracy with a streamline flow pattern for reduced head toss. 15.1.13. Operating range shall be 6-350 g.p.m.; extended flow to 500 g.p.m. for intermittent use. 15.1.14. Accuracy shall be 100% + 1.5%. 15.1.15. Pressure loss shall be 8 psi at 350 g.p.m. (including built in strainer). 15.1.16. Weight shall be approximately 20 lbs. 15.1.17. Length shall be 16 '/". 16. STRAINERS: 3", 4", 6" AND 8": 16.1. Specifications: 16.1.1. Strainer body and cover shall be bronze and/or cast iron with epoxy coating and lining. Page 13 of 14 - SPECIFICATION NO. 05-890-44 June 2005 16.1.2. Strainers shall be furnished with a stainless steel screen with an effective open area at least double the area of the meter. 16.1.3. Fire service meter strainers shall have an effective open area of at least four times the equivalent area opening of the meter. PART III DELIVERY, ACCEPTANCE AND PAYMENT 1. DELIVERY: All shipments shall be FOB Destination (Paid and Allowed) our dock and received between the hours of 8:00 AM and 4:00 PM, Monday through Friday, within three working days after verbal request of the order from the City. Physical address is as follows: City of Round Rock 5494 Interstate 35 Round Rock, TX 78681 2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be notified within this time frame if the unit delivered is not in full compliance with the specifications. If any purchase order is canceled for a unit for non-acceptance, the needed equipment may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 3. INVOICING: Contractor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock, TX 78664-5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 4.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3. There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 5. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. Page 14 of 14 rirtA MASTER widEnv, Mr. Randy Barker Purchasing Director City of Round Rock 221 E. Main St. Round Rock, Texas 78664 Dear Sir, 101 REGENCY PARKWAY MANSFIELD, TX 76063 817-842-8000 FAX 817-842-8100 July 18, 2005 Thanks for allowing Master Meter to submit its products for your consideration. All of our meters comply fully, both with materials of construction and performance standards to the latest respective AWWA Standard. Our products vary in the headloss requirements listed as well as the length on the Fire Hydrant meter. It's our understanding that this is an oversight in the specifications. We would like to point out that all of the meters bid can be upgraded to our 3G RF automatic Meter Reading System without removing the meter from service. We would also like to state that we are willing to provide the full %" meter in place of the 5/8x3/4" meters. With the advent of larger homes, which include lawn irrigation systems, many Cities have the full 3/4" meter as their standard. The 3/4" meter offers fifty percent more capacity to your customer in the same setting. We believe this warrants serious consideration by the City. As way of reference required the following three Cities' have used our products. City of Lubbock 402 Municipal Dr. Lubbock, Texas 79457 Paul Nolan 806-775-2598 City of Odessa P.O. Box 4398 Odessa, Texas 79760 Roy Staggs 432-335-4625 1 City of Temple 2 North Main Temple TX 76501 Mr. Anthony Daniel 254-298-5621 All of us at Master Meter look forward to serving the City of Round Rock in the coming year. Sincerely Jerry Potter President Master Meter Inc. 2 DATE: January 19, 2006 SUBJECT: City Council Meeting - January 26, 2006 ITEM: 10.C.1. Consider a resolution authorizing the Mayor to execute an Agreement for the Purchase of Cold Water Meters from Master Meter, Inc. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Director of Utilities Justification: The purchase of water meters is a budgeted item included in each year's operating budget. The meters are used for new housing and commercial installations and for replacement of existing meters. The meters will be purchased on an as needed basis. Funding: Cost: Total Estimated Price - $240,677.75 Source of funds: Operating Budget 05-06 Utility Support Outside Resources: Master Meter, Inc. Background Information: The Purchasing Department received 4 bids on July 19, 2005. Master Meter, Inc. submitted the best evaluated bid. Staff recommends approval of the bid. Public Comment: N/A CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF COLD WATER METERS FROM MASTER METER, INC. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: That this Agreement for purchase of cold water meters (referred to herein as the "Agreement") is made and entered into on this the f4.0 day of the month of $ 200 Lo , by and between the CITY OF ROUND ROCK, TEXAS, a home -rue municipals,; whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and MASTER METER, INC., a Texas corporation whose offices are located at 101 Regency Parkway, Mansfield, Texas 76063 (referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase cold water meters from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for City to provide said goods and services, and City has selected the Bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE: WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby Vendor is obligated to furnish specified goods, equipment and/or services, and City is obligated to pay for said goods, equipment and/or services. The instant Agreement includes the following: (a) City's Invitation for Bid designated as IFB 05-028, Specification Number 05-890-44 dated June 2005; (b) Vendor's Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. 00093613/j kg e-06-01- /a -ICC' Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: This Agreement; Purchaser's Response to IFB; City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified services, supplies, materials, or equipment. F. Vendor means Master Meter, Inc., or any of its successors or assigns. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for three (3) consecutive twelve (12) month periods from the effective date. Prices shall be firm for the duration of the terms of this Agreement, except as otherwise provided for herein. This Agreement may be renewed for two (2) additional periods not to exceed twelve (12) months for each renewal, only upon the express written agreement of both parties and only provided Vendor has performed each and every contractual obligation specified in this Agreement. C. City reserves the right to review Vendor's performance at any time during the initial agreement period or any renewal periods, and may elect to terminate this Agreement with or without cause or may elect to continue. 2 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the goods and services as outlined in IFB 05-028, Specification Number 05-890-44 dated June 2005, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods and services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are as fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on Exhibit "A" are awarded to Vendor. 5.01 COSTS Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 7.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, 3 supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services perfoiiiied which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods and services as specified, City reserves the right and option to obtain same from other suppliers or sources. 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 05-028 and its bid response. 4 13.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Mark McCartan City of Round Rock Meter Service Supervisor 212 Commerce Cove Round Rock, Texas 78664 512-218-5578 Roy Franklin City of Round Rock Utility Support Superintendent 212 Commerce Cove Round Rock, Texas 78664 512-218-5578 14.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event, the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods and services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or 5 D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement for cause, that being in the event of a material and substantial breach by City, by providing the City with one hundred twenty (120) days' written notice prior to termination of the Agreement; and in the event of such written notice of termination, Vendor shall continue services for a period of time not to exceed one hundred twenty (120) days after written notification. Termination under this subsection (C) of Section 16.01 shall not relieve Vendor of any obligation or liability that has occurred prior to cancellation. D. In the event City terminates under subsections (A) or (B) of this Section 16.01, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as 6 amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 19.01 ASSIGNMENT AND DELEGATION The parties each bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor transfer any interest in this Agreement without prior written authorization of the other party. 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Master Meter, Inc. Attention: Ric O'Connor 101 Regency Parkway Mansfield, Texas 76063 Notice to City: David Kautz Assistant City Manager 221 East Main Street Round Rock, TX 78664 Stephan L. Sheets City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 7 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 23.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision, which is of the essence of this Agreement, be determined void. 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this 8 Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. CITY OF ROUND ROC XAS MASTER METER, INC., Printed Name. ,/Jy/ c, MAC 11056,L, Date Signed: I -a6-e4, (o ATTEST: Christine R. Martinez, City Secretary FOR CI Y APPROVED S TO FORM: Stephan eets, City Attorney 9 a Texas co r s r . ion Title: Printed Name: Date Signed: //? M/2005 CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. RETURN SIGNED ORIGINAL AND ONE COPY OF BID SHOW BIO OPENING DATE & BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED BID ENVELOPE & SHOW RETURN ADDRESS OF BIDDING FIRM. FACSIMILE RESPONSES SHALL NOT BE ACCEPTED BID F.O.B. DESTINATION (Paid & Allowed) UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock 5494 Interstate 35 Round Rock, TX 78681 INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 BIDDER AGREE INVITATION FOR BID (IFB) BIDDING INFORMATION: Cold Water Meters BID NUMBER 05-028 OPENING DATE: 7/19/2005 at 3:00 P.M. BID LOCATION: 221 E. Main Street, 1st Floor Council Chambers, Round Rock, TX 78664 BIDDER SHALL SIGN BELOW Failure to sign bid will disqualify bid 7-18-05 Authorized Sign re Jerry Potter, President Date Print Na .v.::'•nv.: :'v:, SEE 1.7 OF BIDDING INSTRUCTIONS ATTACHED TAXIDNO.: 75-1739575 LEGAL BUSINESS NAME: MASTER DIETER, INC. ADDRESS: 101 REGENCY PARKWAY ADDRESS: MANSFIELD, TX 76063 CONTACT: R 1 C 01 CONN 0 R TELEPHONE NO.: 817 842 8000 BusINESSENTITYTyPE: WATER METER MANUFACTURER, AMR PRODUCTS .v.::'•nv.: :'v:, - - ---- -- •-- --. _..._.....,... • ........ -.._w.. .• -.•x.•r.; v.•..:.., .v .y ...v.•�;.v::i, f ....... f::?•?: v:: ......:: :.... :..-.:::a.:.,..v..:r:rf..:.i:{: ......:.v :.i5:.}:•.•.• ! ::n:Y.•:i::vi:?:r?•y:•!iis Y4}is�i:�:•::4i'?.v:::::::v-:.:x:vv:.v:rv•.•.v:::::x :r:::.v:..v::::nv.-.•..........................n............:.:::.•.vv::.?•: }..,.; n..:.. v:n4:u ''.n.+ v.m r r,c rtcir rc.7G ::.:.................... ............... :::.•.v..::• ?.;l •:.v.....; :::.vr. ..... .7Iuc Jr 1 rt to IrO. .... .,... r.•:.•.:v:::::.vv.:vv::::.�..•.•:::::?::...}•n.?i'+.?••:iii:• ITEM # ITEM ESTIMATED ANNUAL QUANTITY PRICE PER ITEM (EA) TOTAL PRICE (Lot - Annual) 1 518" X 3/4" MULTI -JET 3,000 27.57 82,710.00 2 3/4" MULTI -JET 75 27,57 2,067,75 3 1"MULTI-JET 50 55.00 2,750, 00 4 1-1/2" MULTI -JET 50 156.00 7,800.00 5 2" MULTI -JET 50 207,00 10,350, 00 6 3"TURBINE 5 495.00 2,475. 00 7 4"TURBINE 5 680.00 3,400.00 8 6"TURBINE 3 1,335.00 4,005.00 9 8"TURBINE - 3 2,100, 00 6,300,00 10 3"COMPOUND 10 1,130, 00 11,300, 00 11 4"COMPOUND 10 1,650.00 16,500.00 12 6" COMPOUND 5 2,700, 00 13,500, 00 13 8"COMPOUND 3 N/A . N/A . 14 4" FIRE SERVICE METER 4 4,183.33 16,733,32 15 6" FIRE SERVICE METER 4 5,016..67 20,066,68 16 8" FIRE SERVICE METER 4 5,850,00 23,400..00 17 3" FIRE HYDRANT METER 5 440.00 2,200.00 18 3"STRAINER 15 175. 00 2,625. 00 19 4"STRAINER 15 267,00 4,005, 00. 20 6" STRAINER 8 405.00 3,240.00 21 8" STRAINER 6 875.00 5,250.00 EXHIBIT TOTAL ESTIMATED PRICE 240,677.75 �� w �•a, w�u�c �.ciGu�� airutea, the Dlgder the antitrust laws of this State, codified in Sec indirectly, the bid made to any competitor or a nAH r nor the entity represented by the bidder, or anyone acting for such entity has violated and Commerce Code, or the Federal antitrust laws, nor communicated directly or e of business." SPECIFICATION NO. 05-890-44 June 2005 CITY OF ROUND ROCK COLD WATER METERS 1. PURPOSE: The City seeks to contract with a qualified bidder to provide Cold Water Meters to the City of Round Rock. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City — Identifies the City of Round Rock, Williamson and Travis Counties, Texas. 2.3. Contract — A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services shall be procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Randy Barker Purchasing Supervisor City of Round Rock Telephone: 512-218-3295 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. PART 1 GENERAL CLAUSES AND CONDITIONS 1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. Page 1 of 14 - SPECIFICATION NO. 05-890-44 June 2005 4. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Long-term cost to the City in acquiring goods or services. 4.6. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 5. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid. 6. AGREEMENT: This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. 6.1 The term of this Agreement shall be for three (3) consecutive twelve (12) month periods of time from the effective date. Prices shall be firm for the duration of the Agreement, except as provided for herein. This Agreement may be renewed for two (2) additional periods of time not to exceed twelve (12) months for each renewal provided the parties agree. 6.2 The City reserves the right to review the Vendor's performance at the end of each twelve (12) month period of time, and to cancel the contract (without penalty) or continue the contract through the next period. 6.3 The City reserves the right to review Vendor's performance at any time during the initial agreement or renewal period, and may elect to terminate this Agreement with or without cause or may elect to continue. 7. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly services or quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Contractor a written notice of termination at the end of its then current fiscal year. 8. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior notice to the other party. Contractor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Contractor of any obligation or liability that has occurred prior to cancellation. Note: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 9. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re -advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Page 2 of 14 SPECIFICATION NO. 05-890-44 June 2005 10. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost increase in goods or services in accordance with the Producers Price Index located at http://stats.bls.00v/ppi/home.htm. Any price increase shall be requested by the Vendor in writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price decreases in excess of the allowable percentage change. 11. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 12. CODES. PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 13. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and alt other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 14. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. 14.1. Certificates of Insurance and endorsements shall be fumished to the City and approved by the City before work commences. 14.2. _ The following standard insurance policies shall be required: 14.2.1. General Liability Policy 14.2.2. Automobile Liability Policy 14.2.3. Worker's Compensation Policy 14.3. The following general requirements are applicable to all policies: 14.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 14.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 14.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 14.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 14.3.5. Policies shall include, but not limited to, the following minimum limits: 14.3.6. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 14.3.7. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 14.3.8. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for Page 3of14 SPECIFICATION NO. 05-890-44 June 2005 each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 14.3.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 14.3.10. Coverage shall be maintained for two years minimum after the termination of the Contract. 14.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 15. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions 15.1.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 15.1.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear) as to all applicable coverage. 15.1.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 15.1.4. Remove all language on the certificate of insurance indicating: 15.1.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 15.1.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 15.1.5. Provide for notice to the City at the addresses listed below by registered mail: 15.1.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other Toss to the extent it may be covered by the proceeds of insurance. 15.1.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with . the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 15.1.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 15.1.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 15.1.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock, TX 78664-5299 Round Rock, TX 78664 16. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and Page 4 of 14 SPECIFICATION NO. 05-890-44 June 2005 accidents as set forth in the requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 17. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 18. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 18.1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement '(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 18.2 Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the OWNER. 18.3 Persons providing services on the project ("subcontractor") in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity, which fumishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 18.4 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 18.5 The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 18.6 If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 18.7 The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: A. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for alt persons providing services on the project; and B. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 18.8 The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 18.9 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 18.10 The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Page 5 of 14 SPECIFICATION NO. 05-890-44 June 2005 18.11 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: A. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for alt its employees providing services on the project, for the duration of the project; B. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; C. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 1) a certificate of coverage, prior to the other person beginning work on the project; and 2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project E. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; F. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and G. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G), with the certificates of coverage to be provided to the person for whom they are providing services. 18.12 By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and -that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 18.13 The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. 19. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 20. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County, State of Texas. 21. CONTRACT ADMINISTRATOR: All goods purchased under this contract will be supervised and verified by the City representative(s) noted below. Mark McCartan, Meter Service Supv. or Roy Franklin, Utility Support Supt. at (512) 218-5578. 22. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. Page 6 of 14 SPECIFICATION NO. 05-890.44 June 2005 PART 1I SPECIFICATIONS 1. SCOPE: This specification describes the equipment necessary to meet the City's need for Cold Water Meters. The successful bidder shall provide all labor and materials to supply and deliver Cold Water Meters to the City of Round Rock. 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance and design criteria of Cold Water Meters as well as certain details to which the successful bidder shall conform. Bidders shall be responsible for furnishing equipment that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that is designed for the intended application. 3. NOTICE TO BIDDER: Bidders are cautioned to read the specifications carefully, as there may be special requirements not commonly offered by the equipment manufacturer. Any unit delivered to the FOB point, which does not meet this specification in every aspect, will not be accepted. 4. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the bid that is the Best Value for the City from information submitted with the bid. All bidders shall furnish the following information at a minimum: 4.1 References: Provide the name, address, telephone number and point of contract of at least three firms for which the bidder has performed similar service within the past five years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. Failure to include references with submittal shall result in disqualification from consideration for award. 4.2 Identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted. The City retains the right to approve or disapprove all subcontractors prior to any work being performed. 5. CONFIDENTIALITY OF CONTENT: Bids received shall be subject to release as public information unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act. Bidders are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential bidders. 5.1 If a bidder believes that a bid or parts of a bid are confidential, then the bidder shall so specify. The bidder shall stamp in bold red letters the term "confidential" on that part of the solicitation, which the bidder believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All bids and parts of bids that are not marked as confidential will be automatically considered public information after the contract is awarded. 6. MANUALS: One set of manuals and documentation shall be supplied for each type of meter purchased upon delivery and shall provide complete and comprehensive information on all equipment, equipment components and accessories. 7. WARRANTY: The unit shall be warranted against defects in material and workmanship for a period of not less than 12 months beginning with the date of acceptance. If the manufacturer's standard warranty exceeds 12 months, then the manufacturer's standard warranty shall be in effect. The successful bidder shall furnish a copy of the manufacturer's warranty at time of delivery. 8. ESTIMATED QUANTITIES: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the quantity needed to satisfy operating requirements, which may be more or less than indicated. The following chart reflects estimated quantities of Cold Water Meters required by the City on an annual basis. Page 7 of 14 SPECIFICATION NO. 05-890-44 June 2005 SIZE: ESTIMATED ANNUAL QUANTITIES: 5/8 " x 3/4" multi -jet 3000 3/4' multi jet 75 1" multi jet 50 1 %2 " multi jet 50 2" multi jet 50 3" turbine 5 4" turbine 5 6" turbine 3 8" turbine 3 3" compound 10 4 " compound 10 6 "compound 5 8 " compound 3 4" fire service meter 4 6" fire service meter 4 8" fire service meter 4 3" fire hydrant meter 5 3" strainer 15 4" strainer 15 6" strainer 8 8" strainer 6 9. RESIDENTIAL AND SMALL BUSINESS WATER METERS: 5/8" through 1" water meters shall meet the following minimum requirements: 9.1. FUNCTIONAL REQUIREMENTS: 9.1.1. Conformance To Standards: Shall comply with ANSI/AWWA Standard C708- 96 or latest revision. Each meter shall be tested to insure compliance. 9.1.2. Construction; Water meter shall consist of three basic components: main case, measuring chamber and sealed register. 9.1.2.1. Main cases shall be bronze with extemally-threaded spuds. 9.1.2.2. Registers shall be housed in synthetic polymer ring and lid. 9.1.2.3. Measuring chambers shall be made of Polystyrene, Nylon and Polycarbonate. 9.1.2.4. Water meters shall be corrosion -resistant, tailored thermoplastic material formulated for long-term performance and especially suitable for aggressive water conditions. 9.1.2.5. Bronze or plastic bonnet on 5/8" meter; plastic bonnet on %" and 1" meters. 9.1.3. Register: Standard register shall include: 9.1.3.1. Hermetically sealed glass lenses; 9.1.3.2. Magnetic drive design to eliminate dirt and moisture contamination, tampering and lens fogging problems; 9.1.3.3. A straight reading, odometer -type totalization display; 9.1.3.4. A 360 -degree test circle with center sweep hand; 9.1.3.5. A low flow (leak) detector; Page 8 of 14 SPECIFICATION NO. 05-890-44 June 2005 9.1.3.6. Gears shall be self-lubricating, molded plastic for long life and minimum friction. 9.1.4. Tamper -Resistant Feature: Shall contain a locking system to prevent customer removal of the register to obtain free water. 9.1.5. Magnetic Drive: The water meter shall contain a hydro -dynamically cushioned design that eliminates premature wear of components. 9.1.5.1. The meter shall utilize a positive, reliable drive coupling. 9.1.5.2. The high-strength magnets used shall eliminate "drive slip" in normal use and also provide adequate strength to drive remote register units. 9.1.6. Operation: 9.1.6.1. Water shall flow through the meter's strainer and into the measuring chamber where it drives the impeller. 9.1.6.2. The impeller shall have a bearing balanced on a tungsten -based titanium stainless steel shaft. 9.1.6.3. The drive magnet shall transmit the rotation of the impeller to a drive magnet located within the hermetically sealed register. 9.1.6.4. The drive magnet shall be connected to the register gear train to reduce the impeller's rotation into volume totalization units displayed on the register dial face. 9.2. TECHNICAL REQUIREMENTS: 9.2.1. Normal operating flow: 5/8" size 1 to 20 gal/min.; 3/4' size: 2 to 30 gal/min.; 1" size: 3 to 50 gal/min. 9.2.2. Accuracy: 100% ± 1.5% of actual thru put in normal flow range. 9.2.3. Low flow registration: 5/8" size: 97% at' gal/min.; 3/a" size: 97% at gal/min.; 1" size: 97% at 3/ gal/min. 9.2.4. Maximum pressure Toss: 5/8" size: 7.0 psi at 20 gal/min.; 3/4" size: 9.0 psi at 30 gal/min.; 1" size: 7.3 psi at 50 gal/min. 9.2.5. Maximum operating pressure: 150 psi (10.0 bar). 9.2.6. Measurement element: Multi jet. 9.2.7. Register: Straight reading, hermetically sealed, magnetic drive. 9.2.8. Registration: 9.2.8.1. 10 gallons, 1 cubic foot or 0.01 -m3 -sweep hand resolution. 9.2.8.2. 10,000 gallons, 1,000,000 cubic feet or 10,000-m3 capacity; 9.2.8.3. 6 odometer wheels. 9.2.9. Materials: 9.2.9.1. Main case and register box — bronze; 9.2.9.2. measuring chamber - Nylon, Polycarbonate; 9.2.9.3. bottom plate — bronze; 9.2.9.4. magnets — ceramic material; 9.2.9.5. casing bolts: stainless steel; 9.2.9.6. strainer — synthetic polymer. 10. RESIDENTIAL AND SMALL BUSINESS WATER METERS: 1 %2" and 2" water meters shall meet the following minimum requirements: Page 9 of 14 SPECIFICATION NO. 05-890-44 June 2005 10.1. FUNCTIONAL REQUIREMENTS: 10.1.1. Conformance To Standards: Shall comply with ANSI/AWWA Standard C708- 96 or latest revision. Each meter shall be tested to insure compliance; 10.1.2. Construction: Water meters shall consist of three basic components: main case; measuring chamber; and sealed register; 10.1.2.1. Main cases shall be bronze with flanges. 10.1.2.2. Measuring chambers shall be made of Polystyrene, Nylon and Polycarbonate; corrosion -resistant, tailored thermoplastic material formulated for long-term performance and especially suitable for aggressive water conditions. 10.1.2.3. Registers shall be housed in synthetic polymer ring and lid. 10.1.2.4. Water meters shall have a plastic bonnet. 10.1.3. Register: Standard register shall include: 10.1.3.1. Hermetically sealed glass lenses; 10.1.3.2. Magnetic drive design to eliminate dirt and moisture contamination, tampering and lens fogging problems; 10.1.3.3. A straight reading, odometer -type totalization display; 10.1.3.4. A 360 -degree test circle with center sweep hand; 10.1.3.5. A low flow (leak) detector; 10.1.3.6. Gears shall be self-lubricating, molded plastic for long life and minimum friction. 10.1.3.7. No change gears shall be required for accuracy calibration. 10.1.4. Tamper -Resistant Feature: Shall contain a locking system to prevent customer removal of the register to obtain free water. 10.1.5. Magnetic Drive: The water meter shall contain a hydro -dynamically cushioned design that eliminates premature wear of components. 10.1.5.1. The meter shall utilize a patented positive, reliable drive coupling. 10.1.5.2. The high-strength magnets used shall eliminate "drive slip" in normal use and also provide adequate strength to drive remote register units. 10.1.6. Operation: 10.1.6.1. Water shall flow through the meter's strainer and into the measuring chamber where it drives the impeller. 10.1.6.2. The impeller shall have a bearing balanced on a tungsten -based titanium stainless steel shaft. 10.1.6.3. The drive magnet shall transmit the rotation of the impeller to a drive magnet located within the hermetically sealed register. 10.1.6.4. The drive magnet shall be connected to the register gear train to reduce the impeller's rotation into volume totalization units displayed on the register dial face. 10.2. TECHNICAL REQUIREMENTS: 10.2.1. Normal operating flow range: 1-1/2" (DN 40mm) size: 5 to 100 gal/min.; 2" (DN 50mm) size: 8 to 160 gal/min. 10.2.2. Accuracy: 100% + 1.5% of actual through -put in normal flow range. 10.2.3. Low flow registration: 1-1/2" (DN 40mm) size: 95% at 1.5 gal/min.; 2" (DN 50mm) size: 95% at 2 gal/min. Page 10 of 14 SPECIFICATION NO. 05-890-44 June 2005 10.2.4. Maximum pressure loss: 1-1/2" (DN4Omm) size: 3.3 psi @ 50 gal. /min.; 2" (DN 50mm) size: 4.3 psi @ 80 gal/min. 10.2.5. Maximum operating pressure: 150 psi (10.0 bar). 10.2.6. Measurement element: Multi -Jet. 10.2.7. Register: Straight reading, hermetically sealed, magnetic drive. 10.2.8. Registration: 10.2.8.1. 100,000,000 gallons, 100 gallon / sweep hand revolution; 10.2.8.2. 10,000,000 cubit feet, 10 C.F./ sweep hand revolution; 10.2.8.3. 100,000 c.m. 0.1 m3h/sweep hand revolution. 10.2.9. Materials: Main case — bronze;Register box- synthetic polymer (standard); 10.2.13. Measuring chamber - nylon, polycarbonate; Bottom plate -bronze; Magnets - ceramic material; Casing bolts -stainless steel; Strainer -synthetic polymer. 11. COLD WATER TURBINE METER, SIZES 3" & 4": 11.1. Specifications: Hermetically sealed direct read register. Lightweight bronze body. Quick service with unitized measuring chamber. AWWA Compliance C701 Class II. Flow regulator to protect impeller and measuring unit from foreign particles. Vacuum sealed register in stainless steel housing with heat treated glass lens, center sweep hand, leak indicator, easily adapts to metric and 360 degree register rotation simplifies meter reading. 11.1.7. Main case, register box and lid to be bronze. 11.1.8. inlet and outlet connections shall be flanged. 11.1.9. Shall have a distinct advantage of low flow accuracy, with a streamlined flow pattern for reduced head Toss. 12. COLD WATER TURBINE METER, SIZES 6" & 8": 12.1. Specifications: 12.1.1. Hermetically sealed direct read register. 12.1.2. Light weight bronze body. 12.1.3. Quick service with unitized measuring chamber. 12.1.4. AWWA Compliance C701 Class 1l. 12.1.5. Flow regulator to protect impeller and measuring unit from foreign particles. 12.1.6. Vacuum sealed register in stainless steel housing with heat treated glass lens, center sweep hand, leak indicator, easily adapts to metric and 360 degree register rotation simplifies meter reading. 12.1.7. Main case, register box and lid to be bronze. 12.1.8. Inlet and outlet connections shall be flanged. 12.1.9. Shall have a distinct advantage of low flow accuracy, with a streamlined flow pattern for reduced head loss. 13. COMPOUND METERS, 3", 4", 6" AND 8": 13.1. Specifications: 13.1.1. 3" — Minimum flow — %2 g.p.m.; Continuous operating range — 4-160 g.p.m.; Maximum flow — 320 g.p.m. Page 11 of 14 SPECIFICATION NO. 05-890-44 June 2005 13.1.2. 4" — Minimum flow — 3/4 g.p.m.; Continuous operating range — 6-250 g.p.m.; Maximum flow — 500 g.p.m. 13.1.3. 6" and 8" — Minimum flow — 1 % g.p.m.; Continuous operating range — 10-500 g.p.m.; Maximum flow —1000 g.p.m. 13.1.4. At low flows, the differential pressure valve remains closed and water flows through the multi jet meter only. 13.1.4.1. When flow increases to about one-half the rated capacity of the low flow meter, hydraulic pressure in the differential pressure valve housing shall drop and cause the valve to open. 13.1.4.1.1. This allows water to flow through both the turbine and multi jet meters. 13.1.5. Total registration will be the combination of registration on both the turbine and • multi jet meters. 13.1.6. At crossover meter accuracy will decrease to about 97% of the actual flow. This accuracy decrease shall result from the operation of the automatic valve. 13.1.7. Compound meter must accurately measure at least 97% of flows well above the AWWA specified 90%. 13.1.8. All piping and connections shall be bronze to meet AWWA Standard C-800 or latest revision. 13.1.9. The bronze housing of the differential pressure valve shall surround an engineered plastic clapper with stainless steel shaft and rubber valve seat. 14. FIRE SERVICE METERS, 4", 6" AND 8": 14.1. Specifications: 14.1.1. Shall meet the accuracy requirements of AWWA C703-86 or latest revision. 14.1.2. Single body housing turbine meter and check valve that is incorporated into assembly. 14.1.2.1. FM approved fire service strainer 14.1.2.2. Low flow bypass. 14.1.2.2.1. A multi jet meter on the bypass shall provide measurement of low flows. 14.1.3. Extemal spring loaded check valve allowing for inspection of proper valve operation without interruption of service. 14.1.4. Fire service strainer shall be epoxy -coated fabricated steel body housing a 304 stainless steel screen; 14.1.4.1. Strainer shall incorporate a bolted, 0 -ring sealed drain plug, for easy flushing of debris without lid removal and easy resealing. 14.1.4.2. After removal of the lid bolts, strainer screen and screen support shall be removable, simplifying disposal of accumulated debris. 14.1.5. Turbine meter shall be an epoxy -coated, ductile iron body housing both turbine chamber and automatic check valve. 14.1.5.1. The meter's bronze upper body and measuring assembly shall allow measuring unit removal without pulling the meter from the line. 14.1.5.2. A combination of a fiberglass -reinforced nylon fixed flow straightener and flow straightener incorporated into the chamber housing condition flows to maximize accuracy. 14.1.6. Automatic check valve shall be incorporated into a single housing with the meter; Page 12 of 14 SPECIFICATION NO. 05-890-44 June 2005 14.1.6.1. Externally loaded spring valve shall offer check valve inspection and manipulation without any disruption of service. 14.1.6.2. External spring arm and springs shall be covered to eliminate accidental damage. 14.1.6.3. The valve shall have bronze clapper, ring, arm, and bushings, with rubber seat and stainless steel shaft. 14.1.6.4. Test port shall be provided in the valve cover. 14.1.7. Bypass meter shall be an appropriately -sized bronze case multi jet meter providing low -flow measurement to the Fire Service assembly. 14.1.8. The measuring chamber housing and measurement element shall be constructed of a rugged polymer. 14.1.8.1. The chamber housing shall be constructed in two parts, allowing easy access to the impeller. 14.1.8.2. Gate valves on the bypass shall allow isolation of the multi jet meter for maintenance. 14.1.8.3. Utilities will designate either left or right side factory installation of the bypass meter assembly. 15. FIRE HYDRANT METER, 3": 15.1. Specifications: 15.1.1. Hermetically sealed direct read register 15.1.2. Interchangeable measuring element 15.1.3. Shall include a locking carrying handle 15.1.4. Shall include a vacuum sealed register in stainless steel housing with heat treated glass lens. 15.1.5. Shall have a center sweep hand. 15.1.6. Shall have a leak indicator. 15.1.7. Shall easily adapt to metric. 15.1.8. Shall have a 360 degree register rotation to simplify meter readings. 15.1.9. Maincase shall be lightweight aluminum. 15.1.10. Inlet connection shall be a 2 1/2" NST swivel fitting while the outlet fitting is 2 1/2" male NST. 15.1.11. Shall include a built in strainer to provide protection from foreign particles while reducing the effects of uneven water flow due to upstream piping variations. 15.1.12. Shall be designed for accuracy over a wide range of flows the MFH has a distinct advantage of low flow accuracy with a streamline flow pattern for reduced head loss. 15.1.13. Operating range shall be 6-350 g.p.m.; extended flow to 500 g.p.m. for intermittent use. 15.1.14. Accuracy shall be 100% + 1.5%. 15.1.15.- Pressure loss shall be 8si at 350 p g.p.m. (including built in strainer). 15.1.16. Weight shall be approximately 20 lbs. 15.1.17. , Length shall be 16'/4". 16. STRAINERS: 3", 4", 6" AND 8": 16.1. Specifications: 16.1.1. Strainer body and cover shall be bronze and/or cast iron with epoxy coating and lining. Page 13 of 14 SPECIFICATION NO. 05-890-44 June 2005 16.1.2. Strainers shall be furnished with a stainless steel screen with an effective open area at least double the area of the meter. 16.1.3. Fire service meter strainers shall have an effective open area of at least four times the equivalent area opening of the meter. PART III DELIVERY, ACCEPTANCE AND PAYMENT 1. DELIVERY: All shipments shall be FOB Destination (Paid and Allowed) our dock and received between the hours of 8:00 AM and 4:00 PM, Monday through Friday, within three working days after verbal request of the order from the City. Physical address is as follows: City of Round Rock 5494 Interstate 35 Round Rock, TX 78681 2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be notified within this time frame if the unit delivered is not in full compliance with the specifications. If any purchase order is canceled for a unit for non-acceptance, the needed equipment may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 3. INVOICING: Contractor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock, TX 78664-5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event 4.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3. There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 5. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. Page 14of14 FATA1 MASTER MI: 1r Mr. Randy Barker Purchasing Director City of Round Rock 221 E. Main St. Round Rock, Texas 78664 Dear Sir, 101 REGENCY PARKWAY MANSFIELD, TX 76063 817-842-8000 FAX 817-842-8100 July 18, 2005 Thanks for allowing Master Meter to submit its products for your consideration. AH of our meters comply fully, both with materials of construction and performance standards to the latest respective AWWA Standard. Our products vary in the headloss requirements listed as well as the length on the Fire Hydrant meter. It's our understanding that this is an oversight in the specifications. We would like to point out that all of the meters bid can be upgraded to our 3G RF automatic Meter Reading System without removing the meter from service. We would also like to state that we are willing to provide the full 3/" meter in place of the 5/8x3/4" meters. With the advent of larger homes, which include lawn irrigation systems, many Cities have the full 3/" meter as their standard. The 3/" meter offers fifty percent more capacity to your customer in the same setting. We believe this warrants serious consideration by the City. As way of reference required the following three Cities' have used our products. City of Lubbock 402 Municipal Dr. Lubbock, Texas 79457 Paul Nolan 806-775-2598 City of Odessa P.O. Box 4398 Odessa, Texas 79760 Roy Staggs 432-335-4625 1 City of Temple 2 North Main Temple TX 76501 Mr. Anthony Daniel 254-298-5621 All of us at Master Meter look forward to serving the City of Round Rock in the coming year. Sincerely, Jerry Potter President Master Meter Inc. 2