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<br /> A ,\,; t: N I U K Y U r ::; E R V I C E <br />- 8711 <br /> FREESE-NICHOLS <br />August 19, 1996 <br />Mr. Stephen Jenkins <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />- - <br />Re: Wastewater Treatment Plant Expansion <br /> Equipment Procurement <br /> Grit Removal Equipment <br /> Bid Item 4 <br /> Recommendation of Award <br /> . . <br />Dear Mr. Jenkins: <br />On August 8, 1996 bids were received for selected items of equipment for the Wastewater Treatment <br />Plant Project. One of the items included in the bid was the grit removal equipment for the new <br />headworks facility to be constructed at the wastewater treatment plant. Smith & Lovel~ss, Inc. <br />submitted the only bid for the equipment in the amount of $46,080.00. Th~ time for delivery was <br />within the time stipulated for this piece of equipment that will be needed early in the project. Smith <br />& Loveless, Inc.'s proposal includes their stándard terms and conditions, and a few other minor <br />conditions that were not in compliance with the Procurement Documents. <br />We have contacted Smith & Loveless Inc. about the referenced terms and conditions and have <br />received the attached letter confirming that they will accept the terms and conditions of the <br />Procurement Documents with the exceptions they noted: <br /> 1. Agreement to the Waiver of Righrs - Smim & Loveless advises mat their current <br /> insurance carrier would not agree to the waiver. Although they understand that such <br /> waivers are becoming more common, time would not allow changes to be made with <br /> meir current carrier. The insurance required by the Procurement Documents is <br /> property insurance to protect the equipment in transit. Smith & Loveless would not <br /> have any claim against anyone directly involved will the project except the General <br /> Construction Contractor. The General Contractor will be insured to cover damage <br /> during unloading should something happen to damage me equip?1ent during <br /> unloading. <br /> 2. The clarification offered on Special Services is a correct interpretation of me <br /> Procurement Documents. <br /> ¡ <br /> 3. The request to list only the Owner and Engineer as additional insured is acceptable <br /> to the Construction Manager. The Owner and Engineer are vulnerable to patent <br /> claim issues more than the other parties listed. We recommend that this exception <br /> be allowed. <br /> Freese and Nichols, Inc. Engineers Environmental Scientists Architects <br /> 4055 International Plaza Suite 200 Fort Worth, Texas 76109-4895 <br /> 817-735-7300 Metro 817-429-1900 Fax 817-735-7491 <br />