1-25-198-B Solicitation Packet 2025-07-24.pdf

REQUEST FOR BID NO. 25-198-B

RIGHT-OF-WAY EASEMENT CLEARING SERVICES

PRE-BID MEETING:

Tuesday, August 5, 2025, at 1:00 PM Central

BID SUBMITTALS ARE DUE PRIOR TO:

Tuesday, August 19, 2025, at 11:00 AM Central

BID MAY BE SUBMITTED ELECTRONICALLY TO (Registration is free):

ntmwd.bonfirehub.com

DOCUMENTS MAY BE DELIVERED TO:

NORTH TEXAS MUNICIPAL WATER DISTRICT

PROCUREMENT DEPARTMENT

501 E. BROWN STREET

WYLIE, TX 75098

DOCUMENTS MAY BE MAILED TO:

PROCUREMENT DEPARTMENT

PO BOX 2408

WYLIE, TX 75098

NORTH TEXAS MUNICIPAL WATER DISTRICT CONTACT:

Nancy Leyva nleyva@ntmwd.com

INSTRUCTIONS TO BIDDERS

1. REQUIRED INFORMATION

The North Texas Municipal Water District’s (NTMWD) solicitation packets contain various documents that require completion by the bidder. Said information must be completed and submitted prior to the closing date and time for the submission of bids. Failure to provide required information may result in the rejection of your bid.

2. SUBMISSION OF BIDS

A response to a Request for Bid (RFB) may be submitted to NTMWD by any of the following means:

• Electronically submitted via ntmwd.bonfirehub.com;

• Hand delivered to the North Texas Municipal Water District Administrative Building, 501. E. Brown Street, Wylie, Texas 75098;

• Mailed to the North Texas Municipal Water District, Procurement Department, at P.O. Box 2408, Wylie, Texas 75098;

• No oral, telegraphic, telephonic, or facsimile submittals will be considered or accepted.

3. OFFICIAL TIME & LATE SUBMITTALS

The time clock at the North Texas Municipal Water District front receptionist area shall be the official time of receipt for all responses to a RFB submitted in hard copy paper form. All submittals received after the submission deadline shall be rejected. Absolutely no late submittals will be considered. Bidder will be notified of the rejected late bid submission and will advise NTMWD as bidder’s desired disposition of the bid submittal by either (1) pick up, (2) return at bidder’s expense, or (3) destroyed with written authorization of the bidder. If bids are sent by USPS to the Administration Building, the bidder shall be responsible for actual delivery of the bid to the Administration Building before the advertised date and hour for opening of bids. If mail is delayed either in the postal service or in the internal mail system of NTMWD beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be disposed of as authorized.

4. NOTIFICATION

NTMWD uses www.bonfire.com and The Wylie News to disseminate notification of bid opportunities. NTMWD shall not be responsible for receipt of notification and information from any source other than those listed above. It shall be the Bidder’s responsibility to verify the validity of all information received by sources other than those listed.

5. ELECTRONIC SUBMITTALS

NTMWD exclusively uses Bonfire for the electronic notification and dissemination of all bids. The receipt of documents through any other company may result in the receipt of incomplete specifications and/or addenda.

NTMWD accepts no responsibility for the receipt and/or notification of solicitations through any other company.

To streamline the solicitation process, all Bidders are highly encouraged to utilize the Bonfire system. There is no cost to the Bidder to download or respond to NTMWD solicitations on Bonfire. Even though electronic response submission are recommended, Bidders may continue to submit a hard copy, paper bid directly to NTMWD if desired.

6. MODIFICATION AND WITHDRAWAL

Bids may be withdrawn at any time prior to the official opening of the bids. Alterations made by a bidder before opening time must be initialed by bidder guaranteeing authenticity and must be resealed. After the official opening, bids become the property of NTMWD and may not be amended, altered, or withdrawn without the authorization of the Procurement Manager.

7. BID OPENINGS

All submittals will be opened and presented according to the legal requirements for the type of solicitation at the designated time and place specified in the solicitation. However, the reading of a bid at the opening should not be construed as a comment on the responsiveness of such bid or as any indication that NTMWD accepts such bid as responsive. NTMWD will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, NTMWD purchasing guidelines, and project documents, including but not limited to the specifications and required submittal documents. NTMWD will notify the successful bidder upon award of the contract and, according to State law, all bids received will be available for inspection at that time.

8. BID SUBMISSIONS

Due care and diligence has been used in preparation of the information contained in this request for bids, and the information is believed to be substantially correct. However, it is Bidder’s responsibility to determine the full extent http://www.bonfire.com/ of its exposure and to verify all information presented in the request for bids. NTMWD and its representatives are not responsible for any errors or omissions in these specifications. Additionally NTMWD and its representatives are not responsible for Bidder’s failure to determine the full extent of the exposure and risk associated with this request for bids.

This bid is issued in compliance with the NTMWD Purchasing Policy and with authorization from NTMWD’s Board of Directors.

A. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or other irregularities of any kind. However, NTMWD reserves the right to waive any irregularities and to make one or more awards in the best interest of NTMWD.

B. NTMWD reserves the right to accept or reject in part or in whole any bids submitted and to waive any technicalities in the best interest of NTMWD. Bids may be rejected, among other reasons, for any of the following specific reasons:

• Bids containing any irregularities, and

• Unbalanced value of any items.

C. Bidders may be disqualified and their submissions not considered, among other reasons, for any of the following specific reasons:

• If NTMWD believes collusion exists among the bidders;

• Reasonable grounds for believing that any bidder has an interest in more than one bid for the work contemplated;

• The bidder having an interest in any litigation against NTMWD;

• The bidder being in arrears on any existing contract or having defaulted on a previous contract;

• Lack of competency as revealed by a financial statement, experience, equipment, questionnaires, etc.;

and

• Uncompleted work which, in the sole judgment of NTMWD, will prevent or hinder the prompt completion of additional work, if awarded.

D. It is the bidders’ sole responsibility to print and review all pages of the bid document, attachments, questions and their responses, addenda and special notices.

E. When in the best interest of NTMWD, NTMWD reserves the right to request additional information or clarification from bidders to determine bidders’ ability to meet the requirements specified by this bid.

F. On the Bid Pricing Form, in the case of a conflict between the unit price indicated and the extended amount shown, the unit price indicated, multiplied by the stated quantity shall govern.

G. NTMWD reserves the right to reject any of all submissions without cause prior to award, to waive formalities, or to proceed otherwise when in the best interest of the NTMWD.

9. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Bidders must examine the Solicitation, make observations and investigations, correlate knowledge and observations with the requirements of the Solicitation and consider these in preparation of a bid for the project.

B. Bidders must read the Solicitation and related technical data and reports thoroughly. Use a complete set of Solicitation Documents in preparing Bids. Assume responsibility for errors or misinterpretations resulting from the use of partial or incomplete documents.

C. Bidders may visit the sites to become familiar with general, local and site conditions that may affect cost, progress, or performance of the work in any manner.

D. Bidders must become familiar with federal, state and local laws, ordinances, rules, and regulations affecting cost, progress, or performance of the work.

E. Bidders should make additional visits and investigations as necessary to determine the bid price for performance of the work in compliance with the terms of the Solicitation before submitting a bid. Cost associated with these investigations is to be paid by the Bidders.

F. By the submission of a Bid for this project, Bidders acknowledge sole responsibility for job site safety.

G. The submission of a Bid is an incontrovertible representation by the Bidder that Bidder has complied with every requirement of this Section.

10. UNIT OF MEASURE

Responses to the RFB must be submitted in the units of measure specified in the bid pricing form.

11. INTERPRETATIONS

Bidders must submit all questions about the meaning or intent of the Solicitation to NTMWD in writing by the question due date and time. Replies are issued by Addenda to all parties recorded as having received the bidding documents. Only questions answered by formal written Addenda are binding. Oral and other interpretations or clarifications will be without legal effect.

12. ADDENDA

Any interpretations, corrections, or changes to this bid will be made by written addenda. Sole issuing authority of addenda shall be vested in NTMWD’s Procurement Department. Addenda will be issued via ntmwd.bonfirehub.com.

It is the responsibility of the bidder to ensure receipt of all addenda, and acknowledge by signing and including with the bid submittal.

13. CONFIDENTIALITY

A. Any material that is to be considered confidential must be clearly marked as such and shall be treated as confidential to the extent allowable under Chapter 552, Government Code.

B. The Texas Public Information Act gives the public the right to request access to government information, subject to certain narrow exceptions. NTMWD is an entity subject to this Act. Therefore, please be advised that your company's declaration that certain information submitted in response to a bid request is "confidential" will not be treated as such if NTMWD receives a request for a copy of the bid proposal. NTMWD will of course make an effort to inform your company of such a request and to provide you with an opportunity to object to the release of any proprietary information, but NTMWD cannot and will not make an agreement to withhold information from the public contrary to NTMWD’s responsibilities under the Act.

C. To the extent your response is incorporated into the contract, that contract will become an official record available for public inspection.

D. Bids shall be opened so as to avoid disclosure of contents to competing bidders and kept secret during the process of awarding a contract. All bids that have been submitted shall be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in the submission and identified as such.

14. BID TABULATIONS

As-Read Bid tabulations will be electronically posted to ntmwd.bonfire.com within forty-eight (48) hours after the bid opening.

15. PREPARATION COSTS

NTMWD will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to this bid.

16. TAXES

NTMWD is exempt from Federal Excise and State Sales Taxes. Tax must not be included in the pricing.

17. PRICING

Prices must be firm for a minimum of ninety (90) days from the date of the bid closing. In the case of an annual contract, the prices must remain firm for the period as specified in the solicitation.

18. BIDDER QUALIFICATIONS

A prospective Bidder must meet the following minimum requirements:

• Must have adequate financial resources, or the ability to obtain such resources as required;

• Must be able to comply with the required or proposed delivery/completion schedule;

• Must have a satisfactory record of performance;

• Must have a satisfactory record of integrity and ethics;

• Must be otherwise qualified and eligible to receive an award;

• NTMWD may request representation and other information sufficient to determine the Bidder’s ability to meet these minimum standards listed above.

19. AWARD OF CONTRACT

NTMWD reserves the right to award this contract by one of the following methods. The method selected will be in the best interest of NTMWD, as determined by the Procurement Manager.

• To the lowest responsible Bidder(s), bidding all items and meeting all specifications;

• To one or more Bidders, if deemed in the best interest of NTMWD;

• To the lowest responsible Bidder(s) meeting specifications per line item;

• If specified, to the low Bidder(s) meeting specifications, per category. To qualify for an award of a category, a Bidder must bid all items within that category. If all items of a category are not bid by all Bidders, award shall be made in the best interest of NTMWD;

• To the Bidder(s) who provide the goods or services specified in the solicitation at the best value to

NTMWD.

• NTMWD reserves the right to compare all bids against any State and/or Interlocal contracts in determination of the award of this bid.

SPECIAL CONDITIONS

1. GENERAL INFORMATION

The North Texas Municipal Water District (NTMWD) is soliciting sealed bids for right-of-way easement clearing services in accordance with the specifications provided herein.

2. PRE-BID MEETING

A pre-bid meeting will be on Tuesday, August 5, 2025, at 1:00 PM Central via Webex. It is highly recommended that all bidders attend the pre-bid meeting. Bidders may ask questions about the specification and bid process during the meeting. Questions and answers will be made in the presence of all attendees. If a question cannot be answered during the meeting, answers will be provided via a written addendum and distributed through ntmwd.bonfirehub.com.

URL:

https://ntmwd.webex.com/join/nleyva

OR

TEL: 1-415-655-0001 or 844-621-3956 Access Code: 2590 090 3440

3. DURATION OF AGREEMENT

A. The initial term of this agreement shall commence on the date of the last signatory and shall be for a period of one (1) year. The agreement will automatically renew under the same pricing, terms, and conditions for four (4) additional one-year periods unless NTMWD provides Contractor with written notice of its intent to terminate the agreement at least sixty (60) days prior to the expiration of the current term. If said notice is given by NTMWD, the agreement shall terminate at the conclusion of the current one-year term. In no event shall the entire term of this agreement exceed five (5) years.

B. Prices shall remain firm for the duration of the initial contract period. Thereafter, price changes are subject to the price adjustment provisions of this Contract.

C. NTMWD reserves the option to temporarily extend this service for an additional ninety (90) days from its expiration date for any reason.

4. BID QUESTIONS & CLARIFICATION

All questions regarding this request for bid shall be submitted in writing on ntmwd.bonfirehub.com no later than 4:00

PM Central on Wednesday, August 6, 2025. All questions will be addressed in an addendum. Questions received after the deadline may not be answered.

5. ESTIMATED ANNUAL CONTRACTS

The quantities specified are estimates of our projected annual requirements. The award of an estimated annual contract allows NTMWD to use the items and services as the requirements and needs of NTMWD arise on an annual basis and during any subsequent renewal period(s). Quantities may be increased beyond the estimated quantities listed in this bid, as necessary, provided funding is available. Quantities may be decreased below the estimated quantities listed in this bid, as necessary, if funding is not available or if items and services are no longer needed. NTMWD is not obligated to pay for or use a minimum or maximum amount of items or services and payment will be made pursuant to the unit prices bid in the contract. The Contractor shall have no claim against NTMWD for anticipated profits for the estimated quantities listed, diminished, or deleted.

6. BID SUBMITTAL REQUIREMENTS & OPENING

A. If paper bids are submitted, each firm shall submit one (1) original copy of their bid, including all supporting documentation. Paper bids must clearly show Bid No. 25-198-B. If bids are submitted electronically, the Bidder shall make sure all required supporting documentation is uploaded into the Bonfire system. Failure to provide requested information in this request for bid may result in disqualification from consideration. Bids shall be accepted until 11:00 AM Central Time on Tuesday, August 19, 2025. No late bids will be accepted.

https://ntmwd.bonfirehub.com/contracts/36875/people

B. The bid opening will be held on the bid due date and time via Webex:

URL:

https://ntmwd.webex.com/join/nleyva

OR

TEL: 1-415-655-0001 or 844-621-3956

Access Code: 2590 090 3440

C. The following documents must be included with this bid. Failure to supply the required forms may deem you non-responsive:

• Bid Signature Form

• Bid Pricing Form

7. METHOD OF AWARD

NTMWD’s intent is to award to the lowest, responsive, responsible bidder(s) meeting the specifications.

SPECIFICATIONS

BACKGROUND INFORMATION

The North Texas Municipal Water District (NTMWD) has approximately 2200 square miles of service area covering eleven (11) counties. This number includes over 250 sites, 600 miles of water pipelines and over 250 wastewater pipelines. The number of facilities will increase as new pipelines are constructed and easements are acquired. Requested services for these sites could include but are not limited to: land clearing of trees, brush, and debris within utility rights of way, chipping and/or incinerating tree limbs using a curtain burner, and spraying of herbicides along gates and appurtenances. The awarded vendor shall furnish all materials, labor, supervision, tools and equipment necessary to provide the services described herein.

Due to the nature of the facilities being maintained, and the data being transferred between NTMWD and the contractor, all documentation including but not limited to: Geographic Information Systems (GIS) files, maps, videos, photographs and all other documents related to the projects resulting from this contract, will remain the property of NTMWD. Contractor shall not post pictures of NTMWD property on their website without prior permission.

SCOPE OF WORK

I. RIGHT-OF-WAY (ROW) EASEMENT CLEARING AREAS

NTMWD has the need to establish a work order contract for land clearing, grubbing and stripping of areas to be designated on a per-hour basis. This contract will establish rates to be used throughout the duration of the agreement. When an area is identified by NTMWD to be maintained, the Contractor will be given the opportunity to visit the site, evaluate the extent of the required work, measure the area, and prepare a firm proposal using the rates established under this contract to perform the work. Most of the areas to be maintained are owned by NTMWD or NTMWD owns the Right-of-Way (ROW) access to them. The work areas include, but are not limited to pipeline ROWs, fenced-in areas where NTMWD equipment is maintained, empty lots where NTMWD may install equipment, etc. Prior to commencing any work, the Contractor shall be responsible to identify, clearly mark, and protect any in-place equipment which could be damaged using lawn tractors or shredders. This includes cathodic protection test-points, equipment location bollards, concrete rip-raps, pressure relief valves and associated concrete enclosures, manholes, manhole covers, etc. When removing large shrubs and overgrown vegetation, care shall be exercised to prevent disrupting the original grades established when the pipeline was installed and to prevent equipment damage. Original grades can be obtained from as-build drawings as needed.

The work shall include the furnishing of all implements, machinery, equipment, tools, materials, transportation, labor and all incidentals required for the safe implementation and completion of the work.

The Contractor shall obtain a right-of-entry should one be needed to access an easement or portion of an easement.

Easements that will be encountered under this contract can vary from wet, low-lying areas next to creeks, streams or rivers to those in fully developed neighborhoods and business districts, to easements on steeply sloped embankments, or to areas at municipal owned facilities.

II. SPECIAL REQUIREMENTS

A. RIGHT-OF-WAY (ROW) CLEARING ACTIVITES

Contractor agrees to coordinate with NTMWD to schedule each ROW clearing project. The clearing of each ROW shall be determined by NTMWD within the parameters of this agreement. Required completion timelines will vary per project.

B. CLEARING SEQUENCE AND SCHEDULE

Prior to commencing work, Contractor shall submit to NTMWD a planned work schedule for each easement requested to be cleared. The submitted schedule shall become the basis for:

1. Contractor’s projected work schedule

2. Inspection of work by NTMWD

3. Invoicing

4. Payment for services rendered.

Any subsequent changes to the submitted schedule throughout the duration of the Contract must have prior approval of NTMWD.

C. EXISTING SERVICE AREAS

Projects may be located in the following counties: Collin, Dallas, Denton, Fannin, Grayson, Hopkins, Hunt, Kaufman, Rains, Rockwall and Van Zandt. NTMWD will provide maps, easement boundary information and access coordination for each project

D. NEW SERVICE AREAS

Following the Contract Award, as new facilities and easements are acquired, NTMWD reserves the right to add additional service areas to this contract. The service areas under this provision shall conform to the specifications and scope of services as outlined in this Request for Bid. Pricing shall be determined by pricing provided in the Bid Pricing Form.

E. WORK HOURS

Contractor must coordinate with District representative and plant personnel in order to schedule work.

Due to high traffic volumes in some areas, night or weekend work may be necessary for safety reasons.

Typical hours of operation will be 7:00 A.M Central Time until Dusk, Monday thru Saturday. Any work completed outside of the specified time frame will need to be approved by NTMWD. No Sunday work will be permitted unless authorized in writing by the NTMWD Maintenance Manager. Request for working outside of normal operating hours must be made seventy-two (72) hours in advance.

F. DEFICIENCIES

All areas cleared by Contractor must present an appearance which is satisfactory to NTMWD. Any deficiency in Contractor’s performance will be reported verbally and in writing to Contractor within seventy-two (72) hours following completion of work, and such deficiencies shall be corrected by Contractor no later than seventy-two (72) hours following receipt of such notice, at Contractor’s own expense.

G. DAMAGES

Contractor shall carry on the operations in such a manner so as not to damage the existing ground areas, signs, sign posts, piping, valves, blow-offs, gates/gate posts and/or fence h-bracing.

Care should be taken not to operate during wet conditions where turf damage or ruts would occur. In the event that damage occurs to any appurtenances on the ROW during and by reason of the clearing operations, Contractor shall replace or repair same at its own cost and expense in like kind and at the direction of NTMWD at no additional expense to NTMWD.

It is highly recommended Contractor document by means of video or picture to verify that damage was done prior to the clearing operation.

H. EQUIPMENT

The Contractor shall possess or have available by formal agreement at the time of bidding, the equipment required on the Bid Form and any other necessary equipment and tools required to perform the work as outlined in these specifications. The equipment used for clearing operations shall be of sufficient type, capacity, and quantity to safely and efficiently perform the work as specified. A weed-eater and small tractor mounted mower, or push-type mower may be required to perform hand work around specified areas in each ROW.

All equipment used in this project shall be subject to routine inspection by NTMWD. Any equipment found to be unsuitable for use in the opinion of NTMWD must be properly repaired or replaced.

The Contractor shall utilize the proper equipment and personnel based upon the work required and the surrounding land uses. The Contractor will protect the health of the Contractor’s personnel, NTMWD personnel, and the public at all times. The Contractor will protect all property at all times.

All vehicles and trailers utilized under this contract must be reasonably clean with minimal mud, dirt and grime. Equipment with large sections of noticeable rust or faded paint are not to be used for this contract.

All vehicles, trailers, and rider-type equipment used by contractor must be identified with company name, logo, or the word “contractor” with vehicle number conspicuously displayed on door or side panels. This includes vehicles used by supervisors or company officers. Numbers must be at least three

(3) inches in height and contrast with the color of the equipment. Properly done hand lettering, magnetic signs, or pressure sensitive decals may be used to comply with this specification.

I. SAFETY

The Contractor shall comply with all O.S.H.A. regulations applicable to the work (refer to www.OSHA.com for complete listing). The Contractor's employees shall wear and utilize all OSHA required safety equipment while performing this work including, but not limited to, safety helmets, safety glasses, face shields, steel toe or composite toe safety shoes, reflective and fluorescent traffic safety vests, gas detection, and confined space entry equipment, chain saw chaps, etc.

The Contractor is responsible for complying with all applicable federal, state, county, and municipal policies, procedures, and laws relative to the work outlined in this contract.

NTMWD shall have the right to suspend operations if, in its opinion, the work is not being conducted in a safe manner. Failure to comply with mandated safety regulations shall result in a meeting with a NTMWD Maintenance Management representative to discuss and rectify lack of compliance. Repeated or flagrant safety violations may constitute grounds for contract termination.

III. SPECIFICATIONS

A. EASEMENT CLEARING DETAIL

NTMWD requires that final height of tree canopies on the edge of the easement lines be such that the vertical clearance at any point be no less than ten (10) feet high. All tree trimming shall be performed in accordance with current ANSI 300 standards, latest revisions, with regards to current and future tree health and symmetry. All trees, brush and vegetation with diameters greater than one (1) inch shall be cut at or near ground level and ground four (4) inches below grade. Stumps smaller than one (1) inch shall be snipped below ground level and shall not obstruct or impede the travel of rubber tire vehicles.

In non-residential areas, all wood chips (mulch) produced as part of the clearing work shall either be removed or they may be spread evenly, no greater than four (4) inches thick, within the easement. It is the intent that the final trimming and clearing shall provide an unobstructed space between appurtenances for all areas within the easement. The final product shall present a neat and attractive appearance that also provides for ease of mowing once clearing activities are complete. All easement clearing and maintenance activities shall be performed in the manner described herein, and to the satisfaction of NTMWD.

B. DEBRIS REMOVAL

Contractor shall collect, transport and legally dispose (off site) all other debris exposed during the performance of the work. Debris could include but is not limited to: scrap metal, concrete blocks or other non-organic materials. Contractor shall be responsible for providing NTMWD with information regarding State approved disposal sites and providing the disposal manifest for each load.

C. NON-CLEARING AREAS

The NTMWD representative will coordinate with the Contractor’s designee to discuss and coordinate non-clearing areas. These areas are most often found in regions with increased development that has http://www.osha.com/ http://www.osha.com/ encompassed the utility ROW. However, these areas also incorporate crop lands and hay meadows.

Additional areas may be added due to changing landscapes and development beyond the control of NTMWD. It is the Contractor’s responsibility to ensure that these areas are not damaged. Contractor will be responsible for damages to property or crops impacted by clearing activities in a non-clear area.

D. RIGHT-OF-WAY (ROW)

The typical ROW width is twenty (20) feet, however, some sections do vary. The entire portion of the ROW is within the boundaries of access control fences or access control lines where no fences exist.

The awarded Contractor will be provided a list with currently known ROW widths. Measurements of ROW shall be confirmed with NTMWD. It is the responsibility of the Contractor to verify and stake the easement boundaries.

E. UTILITY LINE LOCATES

The Contractor shall be responsible for location of utilities other than the sewer or water mains where applicable. Contractor shall contact the proper organizations to have the utilities located prior to any clearing or excavation activities. If the Contractor damages any utilities they are responsible for the repairs at their own expense.

F. TRIMMING

Contractor shall be responsible for the trimming of vegetation from around appurtenances, obstacles and their proximities that occur within the designated easement area in order to present a neat and attractive appearance. Obstacles may include, but not limited to, sign posts, valves, vent pipes, gates, gate posts and h-bracing. Trimming shall be done by equipment as close as mechanical means will allow and in the most effective manner for Contractor. Trimming is incidental to, but part of, the clearing process.

G. HERBICIDE APPLICATION

Contractor will be required to apply an approved herbicide to all NTMWD gate assemblies and appurtenances within the ROW easement, during the project, except in areas designated as non-clear areas. These locations will be addressed at the direction of the ROW Maintenance Supervisor.

Contractor must utilize one of the chemicals on the approved list provided in Attachment A.

H. OBSTACLES

Fixed objects occurring within the ROW infrastructure, either naturally or unnaturally. They shall include, but not be limited to the following: sign posts, piping, valves, blow-offs, gate posts and h-bracing.

I. BASAL SHOOTS

All basal shoots or sucker trees that are smaller than two and one-half (2.5) inches in diameter shall be removed from the ROW as part of this contract.

J. INGRESS/EGRESS

NTMWD will inform Contractor of any special easements restrictions, including ingress/egress and travel along easements, in accordance with individual landowner easement agreements.

K. MOBILE OPERATIONS

Work performed under this contract should be done in a manner that maximizes road user movement (including pedestrians). Whenever possible, work crews should park in parking lots, side streets, or easements where there are no sidewalks or trails for pedestrian traffic.

L. CONTRACTOR CONTACT INFORMATION

Contractor must provide to Contract Administrator an address of the company, a primary office phone number; current e-mail addresses and working cell phone numbers for the company’s owner, for its officers, and for the field supervisor responsible for this contract

M. FIELD SUPERVISOR

Contractor must assign a full-time supervisor who can communicate effectively in English with Contract

Administrator. Field supervisor must have a minimum of three (3) years’ experience supervising ROW clearing maintenance on and around utility sites, ROW and near neighborhoods, or other relevant experience.

N. COMMUNICATION

Telephone calls and emails must be answered during normal working hours, 8:00 A.M. to 5:00 P.M.

Central Time, Monday through Friday, with no more than a two (2) hour return time for all calls where a message is left. Emails sent before noon should be responded to in the same day during normal working hours. Emails sent in the afternoon should be responded to no later than the following morning by 9:00 AM Central Time All emails require a written response for District’s records.

O. MAINTENANCE CONFLICTS

If conflicts between required work and District use of a location arise, stop work and report the situation to Contract Administrator immediately.

P. WEEKLY INSPECTIONS AND FOLLOW-UP

Field Supervisor and District representative will coordinate to provide for a weekly inspection report and follow-up during the ROW clearing work. Preferred communication will be via email. NTMWD representative will perform routine site visits to ensure that work is complete and acceptable.

Q. EMPLOYEE CONDUCT

Contractor and employees must remain courteous to the public and to District employees at all times while at the work site. Contractor must remove any personnel that are deemed by Contract Administrator to be negligent or incompetent or who endanger persons or property. The contractor’s supervisory personnel will be alerted to any problems concerning employees. NTMWD reserves the right to require immediate removal from sites any contractor employee who is deemed incompetent or detrimental to the best interest of NTMWD.

R. EMPLOYEE APPEARANCE

Contractor employees are required to report to work in a company uniform including a clean shirt, long pants, boots and required OSHA approved personal protection equipment (PPE). No loose-fitting clothes or jewelry are to be worn while working on this contract. If Contractor’s employees are discovered working without necessary uniform and PPE, they will be required to stop all work in progress. Contractor will not be allowed to return to work until all employees are in required attire.

S. EMPLOYEE HIRING

Contractor is to hire crews with knowledge on current ROW clearing and maintenance practices. Any new hires must be trained by Contractor to perform at a high level.

T. SITE SECURITY

At no time will any contractor be authorized to begin work on any site without prior communication and scheduling with NTMWD’s Representative. All gates on easements and ROWs should be closed after entry or exit, regardless of how they were found. NTMWD will provide locks for gates when necessary.

U. TRAFFIC CONTROL

Contractor shall be responsible for providing traffic control when necessary due to high traffic volumes.

Temporary road closures will be permitted when necessary. Contractor shall provide cones, barricades, signage and delineation devices.

V. EQUIPMENT PARKING/STORAGE

At no time will Contractor be authorized to leave equipment overnight on any site without prior communication and scheduling with NTMWD’s Representative and approval from property owner. If NTMWD does authorize the Contractor to leave equipment overnight, NTMWD shall not be held responsible for any damage or theft of property.

W. WATER SUPPLY

Contractor shall be responsible for supplying water when necessary and shall coordinate with local water provider to acquire required supply. Contractor shall be reimbursed for the cost of water. An invoice shall be submitted for the amount charged by the provider (a copy of the original invoice shall be attached) without a cost mark-up.

IV. QUALIFICATIONS

A. PRIMARY BUSINESS

Bidder’s primary business must be pipeline and easement clearing and maintenance activities.

B. PREVIOUS EXPERIENCE

Bidder must have a minimum of three (3) years previous experience with vegetation removal, mulching and clearing, preferably on utility pipelines and ROW maintenance.

C. HERBICIDE APPLICATIONS

Upon award of the Contract, Contractor shall supply NTMWD with a list of certified applicators and copies of the appropriate licenses for herbicide applications. Applicator shall follow all federal, state, and local laws for the jurisdiction in which the pesticides are applied. Specifically, Contractor shall follow the Texas Department of Agriculture (TDA) laws and regulations, as well as the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) and all federal, state and local laws, rules, and regulations pertaining to applications/applicators. Additionally the Contractor shall follow the Texas Commission on Environmental Quality Pesticide General Permit (PGP) requirements when such applications are made into or over, including near waters of the United States as defined in the general permit.

BID PRICING FORM

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PLEASE FILL OUT THE EXCEL BID PRICING FORM PROVIDED SEPARATELY.

INSURANCE REQUIREMENTS

Contractors doing business with NTMWD shall have, at minimum, the following insurance coverages and limits for the duration of the contract:

1. COMMERCIAL GENERAL LIABILITY – covering bodily injury and property damage (including property of NTMWD, its officers, agents and employees) with minimum limits on a per project basis of One Million Dollars ($1,000,000) occurrence, Two Million Dollars ($2,000,000) aggregate for premises/operations and One Million Dollars ($1,000,000) occurrence, Two Million Dollars ($2,000,000) aggregate for products/completed Operations.

2. AUTOMOBILE LIABILITY - covering all operations of Contractor pursuant to this contract involving the use of motor vehicles, including all owned, non-owned and hired vehicles with minimum limits of not less than Five Hundred Thousand Dollars ($500,000) combined single limit for bodily injury, death and property damage liability.

3. WORKERS’ COMPENSATION – in full accordance with the requirements of the state of Texas and shall include bodily injury, occupational illness or disease coverage with minimum Employer’s Liability limits of not less than Five Hundred Thousand Dollars ($500,000/$500,000/$500,000). These limits do not affect the payment of medical expenses or lost wages to injured employees.

4. Waiver of Subrogation – The Commercial General Liability, Workers Compensation and Auto insurance required pursuant to this Contract shall provide for waivers of all rights of subrogation against NTMWD, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent the loss, if any, is covered by the proceeds of insurance.

5. Additional Insured Status – All insurance shall be endorsed to name NTMWD, its officers, and employees as additional insureds as to all applicable coverage except for the Workers Compensation Insurance.

6. Proof of Carriage of Insurance – All certificates of insurance will be required in duplicate and filed with NTMWD.

7. All certificates shall provide North Texas Municipal Water District with an unconditional thirty (30) days’ written notice in case of cancellation or any major change to Contractor’s insurance policies or the contractually required coverages mentioned herein.

8. All copies of the certificates of insurance shall reference the project name and/or bid number for which the insurance is being supplied.

9. The Contractor is responsible for making sure any sub-contractor(s) performing work under this contract have the required insurance coverage(s) and supply NTMWD with the proper documents verifying the coverage.

10. The certificate of insurance shall include the following name and address as the Certificate Holder:

North Texas Municipal Water District 501 E. Brown St Wylie, Texas 75098

PRICE ADJUSTMENTS FOR ANNUAL CONTRACTS

A. The unit prices of all items purchased under an estimated annual contract are firm for the first annual period of the agreement. A price adjustment upward or downward may be requested by either the Contractor or NTMWD by the application of the formula set forth in (B) below. The Contractor must submit the price adjustment request to NTMWD ninety (90) days prior to the expiration of the current term. The index to be used in the computation of the price adjustment shall be the Consumer Price Index for all Urban Consumers, which is issued by the U.S. Department of Labor, Bureau of Labor Statistics. The series identification is as follows:

Series ID: CUURS37ASA0 Series Title: All items in Dallas-Fort Worth-Arlington, TX all urban consumers

B. The index published in the month of July (of the prior year) shall be used as a base for determining price adjustment(s) for the upcoming renewal period. If a renewal option is exercised and a price adjustment is requested, the index published at the time of a contract renewal shall be used as the method for determining a price adjustment for the subsequent renewal period. Contract price adjustments shall be determined as follows: Unit Price X% change (the index published at the time of contract renewal divided by the base index at the time of the most recent contract period) if the index equals the amount of price change. There shall be a minimum of at least twelve months between price adjustments for contracts with multiple renewal options.

Example: May 2021 Index / May 2020 Index – 1 = Percentage Increase

252.14 / 245.51 – 1 = 2.70% Increase

Base Unit Price x [1+Percentage Increase] = New Unit Price $50.00 x [1.027] = $51.35

C. At the time of renewal, the Contractor may submit a written request for price adjustment and such request shall include the new proposed unit price(s) and the calculation for the price adjustment request.

D. If approved by NTMWD, in its sole discretion, the new unit prices will then be firm for the term of the renewal contract period.

E. If the requested adjustment is not supported by the referenced index, NTMWD, in its sole discretion, may consider approving an adjustment on fully documented market increases.

F. If the requested adjustment is not supported by the referenced index and NTMWD does not otherwise approve an adjustment, the contract will end at the end of the current Contract term and will be re-bid.

GENERAL TERMS AND CONDITIONS

By submitting a bid in response to NTMWD’s Request for Bids (the “Solicitation”), the bidder agrees that the Contract shall be governed by the following terms and conditions. Bidder shall be referred to Contractor below. Unless otherwise specified in the Contract, Sections 16, 17, 18, 19, 20, 21, 22, 32 and 33 shall apply only to a Solicitation to purchase Goods, and Sections 23, 24, 25, 26, 27, 28 and 34 shall apply only to a Solicitation to purchase Services to be performed principally on NTMWD’s property.

1. ADDITIONAL TERMS

No additional terms or conditions of Contractor, whether contained within Contractor’s invoice or otherwise, shall be accepted by NTMWD. Exceptions to terms and conditions may deem you non-responsive.

2. CONTRACTOR’S OBLIGATIONS

The Contractor shall fully and timely provide all Deliverables described in the Solicitation and in the Contractor’s Bid in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations.

3. EFFECTIVE DATE/TERM

Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by NTMWD, and shall continue in effect until all obligations are performed in accordance with the Contract.

4. ASSIGNMENT OF CONTRACT

Contractor shall not sell, assign, transfer or convey this Contract in whole or in part without the prior written consent of NTMWD. NTMWD may withhold consent for any reason or no reason at all.

5. INDEPENDENT CONTRACTOR

The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture.

The Contractor’s services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of NTMWD.

6. SUCCESSORS AND ASSIGNS

Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

7. SEVERABILITY

Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intent of the stricken provision.

8. VENUE

NTMWD and Contractor agree that the contract shall be governed and construed according to the laws of the State of Texas. NTMWD and Contractor agree that venue shall lie exclusively in the State district courts of Collin County, Texas for any legal action arising of and/or relating to this Agreement.

9. FISCAL YEAR FUNDING

The NTMWD's fiscal year begins October 1 and ends the following September 30th. Budget funds are approved by the NTMWD and NTMWD’s Board on an annual basis. In the event the NTMWD’s Board should fail to fund the Contract for any fiscal year during the Contract term, the Contract shall automatically terminate on the last day of the fiscal year for which funding has been approved. Contractor will be given no less than sixty-(60) days written notice of any such non-approval of Contract funding. Termination under this clause shall be without penalty to the

NTMWD.

10. TAXES

NTMWD is exempt from Federal Excise and State Sales Taxes. Tax exemption certificates will be executed by NTMWD and furnished upon request.

11. PAYMENT TERMS AND METHOD

Payment terms are Net 30 for invoices submitted to and approved by NTMWD.

NTMWD utilizes a 3rd party payment provider. Vendors will be required to complete a vendor profile upon award notification to, and select your preferred payment method.

12. INVOICES

Invoices shall be fully documented in accordance with the scope of work. Invoice must include the appropriate Purchase Order number and the NTMWD Work Order Number (if applicable). Payment may be delayed on invoices not listing the Purchase Order number. Invoices should also reference department name, job site location, NTMWD employee requesting goods or services, and a complete breakdown of charges.

The breakdown on the invoice should be in accordance with the bid pricing. If applicable, invoices should provide clear detail and breakdown for labor (to include hourly rate and cost per hour), and mark-up on parts/materials should be provided on the invoice and extended (detail to show vendors cost, and then extended to show markup).

Invoices shall be priced per unit prices as awarded unless Contractor invoices at a discounted unit price. If Contractor invoices for less than the contracted unit price, NTMWD has the right to accept invoice and pay the discounted price as full satisfaction of compensation due the Contractor.

Unless otherwise directed, invoices shall be submitted by mail or email to:

North Texas Municipal Water District

Attn: Accounts Payable

P. O. Box 2408

Wylie, Texas 75098

Email: payables@ntmwd.com

13. INTEREST

NTMWD is not obligated to pay interest on moneys not paid except as provided in Section 2252.032 of the Texas Government Code.

14. SPECIFICATIONS/NAME BRAND

Any catalog, brand name, or manufacturer's reference used is considered to be descriptive, not restrictive, and is indicative of the type and quality NTMWD desires to purchase. Bids on brands of like nature and quality may be considered unless specifically excluded. If bidding on other than reference, bid must certify article offered is equivalent to specifications and it is subject to approval by NTMWD.

15. SAMPLES

Samples if required, shall be furnished free of expense to NTMWD and if not used or destroyed in examination and testing, will be returned to the Bidder, if requested, at the Bidder’s expense. Each sample must be marked with the Bidder's name and address and NTMWD RFB number. SAMPLES SHOULD NOT BE ENCLOSED WITH A BID

SUBMITTAL UNLESS REQUESTED.

16. PLACE OF DELIVERY

The place of delivery shall be that set forth in the specifications. The terms of this contract are “no arrival, no sale.”

17. DELIVERY TERMS AND CHARGES

Deliverables shall be shipped F.O.B Destination to the designated NTMWD facilities unless otherwise specified in the Solicitation. Contractor’s price shall include all delivery and packaging costs. NTMWD assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in the case of damaged or missing goods, shall ship replacement goods immediately upon notification by

NTMWD.

18. DELIVERY PROMISE

When delivery delay can be foreseen, the bidder shall give prior written notice to NTMWD, who shall have the right, in its sole discretion, to extend the delivery date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes NTMWD to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting contractor.

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19. PACKAGING

Unless otherwise indicated, items provided by the Contractor will be shipped new, unused, in first class condition and in containers suitable for damage free-shipment and storage.

20. TITLE & RISK OF LOSS

The title and risk of loss of the deliverables shall not pass to NTMWD until NTMWD actually receives and takes possession of the goods at the point(s) of delivery.

21. SAFETY DATA SHEETS

Where required by law, contractor will include Safety Data Sheets (SDS) with delivery for applicable items. Failure to include the SDS for such items will constitute a material breach of contract and may result in refusal to accept…