1-26-146-P - Solicitation Packet v2 - Final.pdf

REQUEST FOR PROPOSAL NO. 26-146-P

Public Opinion Research Services

PRE-PROPOSAL MEETING:

Tuesday, June 9, 2026, at 10:30 AM Central

SUBMITTALS ARE DUE PRIOR TO:

Thursday, June 25, 2026, at 2:00 PM Central

RFP 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:

NORTH TEXAS MUNICIPAL WATER DISTRICT

PROCUREMENT DEPARTMENT

PO BOX 2408

WYLIE, TX 75098

NORTH TEXAS MUNICIPAL WATER DISTRICT CONTACT:

Polly Pritchard ppritchard@ntmwd.com

SOLICITATION SUMMARY FOR

REQUEST FOR PROPOSAL 26-146-P (RFP)

1 GENERAL DESCRIPTION

The North Texas Municipal Water District (NTMWD) is seeking proposals from qualified, experienced consultants to provide public opinion research services.

2 SCHEDULE OF EVENTS

Please find below a tentative schedule of events for this RFP. NTMWD reserves the right, in its sole discretion, to revise the tentative schedule of events if the said revision is in its best interest.

▪ RFP Release Date: May 28, 2026

▪ Pre-Proposal Meeting: June 9, 2026, at 10:30 AM Central

▪ Deadline for Questions: June 11, 2026, at 4:00 PM Central

▪ Proposal Due Date and Time: June 25, 2026, at 2:00 PM Central

▪ Contract Execution: Anticipated in late July 2026

The proposal opening will be held via Webex immediately following the Proposal Due Date and Time. To participate in the opening, please utilize the following information:

URL: https://ntmwd.webex.com/meet/ppritchard

OR

TEL: 1-415-655-0001 or 844-621-3956 Access Code: 2663 657 8661

Only the names of companies who submitted proposals will be read.

3 TERM

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.

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.

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

4 INSURANCE REQUIREMENTS

Before a contract can be executed, the successful proposer shall provide evidence of insurance coverage in accordance with the “Insurance Provisions” in SPECIAL PROVISIONS contained within this solicitation document. Bidders and their insurance agent, broker or representative must review the insurance provisions to understand its requirements and cost to contract with NTMWD. An insurance affidavit is included in this solicitation to verify the proposer will comply with the insurance provisions if a contract is awarded.

TABLE OF CONTENTS

PROPOSAL INSTRUCTION AND REQUIREMENTS

1 Contact Information 2 Addenda and Clarifications 3 Proposal Preparation 4 Proposal Format Requirements

5 Submittal of Proposals 6 Proposal Receipt / Evaluation of Proposals 7 Proposal Award 8 Determination of Non-Responsible Proposer

9 Determination of Non-Responsive Proposal 10 Rejection of Proposals 11 Withdrawing Proposals 12 Proposal Preparation Forms

EVALUATION CRITERIA

SCOPE OF WORK

SPECIAL PROVISIONS

1 NTMWD’s Right to Inspect and Audit 2 Term 3 Insurance Provisions

GENERAL TERMS AND CONDITIONS

1 Assignment 2 Changes In Contract 3 Compliance With Laws 4 Confidential or Proprietary Information 5 Federal Fair Labor Standards Act (Federal Minimum Wage) 6 Fiscal Year Funding 7 Force Majeure

8 Indemnification and Hold Harmless 9 Independent Contractor 10 Jurisdiction 11 Non-Compete Agreement or Clauses 12 Notice of Delays 13 Occupational Safety and Health Act of 1970 14 Personal Liability of Public Officials 15 Severability 16 Subletting of Contract

17 Tax Exemption Status 18 Termination of Contract: Default And Remedies 19 Termination of Contract For NTMWD Convenience 20 Terms of Payments 21 Third-Party Beneficiary Clause

PROPOSAL RESPONSE FORMS

1 Proposal Pricing Format 2 Cooperative Purchasing Provisions 3 Insurance Review Verification 4 Subcontractor Agreement Verification 5 Organizational Summary Information 6 Insurance Affidavit 7 Vendor Supplemental Information 8 Proposal Endorsement Form 9 Prohibition on Contracts with Companies Boycotting Energy Companies 10 Prohibition on Contracts with Companies that Discriminate Against Firearm & Ammunition Industries

PROPOSAL INSTRUCTIONS & REQUIREMENTS

A Proposal is requested by NTMWD. NTMWD will receive separate sealed Proposals until the Proposal Due Date and Time. This Section provides information on how and where to submit a Proposal and other pertinent information regarding this RFP. Those who submit proposals are required to read and comply with these instructions.

1. CONTACT INFORMATION

It is the Proposer’s responsibility to ask questions and obtain clarification of any information contained herein. Proposers must submit all questions or requests for clarification ONLY in writing and ONLY to the contact person identified on the Cover of this RFP (the “NTMWD Contact”). The Solicitation Number must be referenced in all correspondence pertaining to this RFP. Proposer contact with NTMWD personnel, other than the NTMWD Contact, may be cause for Proposal rejection.

2. ADDENDA AND CLARIFICATIONS

NTMWD may, in its sole discretion, elect to issue changes or clarifications to the RFP. NTMWD will issue changes or clarifications in the form of a written addendum. Written addenda shall be the ONLY FORM of amendment to the RFP. Other written information or verbal communications shall not constitute a change to the requirements of the RFP. Addenda, if issued, will be mailed, faxed, and/or emailed to all known prospective Proposers prior to the date and time of the Proposal Due Date and Time.

It is the Proposer’s responsibility to ensure receipt of any addenda issued by NTMWD. Failure of any Proposer to receive any such addendum or interpretation shall not relieve the Proposer from any obligations under its Proposal as submitted. The Proposer must sign all addenda and return them with their Proposal. All addenda shall become part of the contract documents.

3. PROPOSAL PREPARATION

A. Submittals: Proposer must submit all Proposal Response Forms, plus all addenda, completed forms, and any requested information and documentation as part of its Proposal. Proposer’s failure to include all submittals may be cause to consider a Proposal non-responsive.

B. Endorsing the Proposal: An authorized officer of the Proposing Firm must sign the Proposal. Signature of the Proposal will signify agreement and compliance with all requirements set forth in this RFP except where properly noted in the Proposal Response Forms. Proposers that take exception to NTMWD’s General Terms and Conditions, Special Provisions, and/or Scope of Work shall do so at the risk of Proposal rejection.

C. Tax Exempt Status: Purchases by NTMWD are exempt from sales and use tax under Section 151.309 of the Texas Tax Code (the “Code”). In addition, purchases of tangible personal property and taxable services for the purpose of reselling them to NTMWD may also be exempt from sales and use tax under Code Section

151.302. Where legally permitted, a Consultant shall provide the vendor or supplier with a properly executed resale certificate at the time of purchasing tangible personal property and/or taxable services that are to be resold to NTMWD pursuant to a contract.

D. Acceptance of Specification Requirements: NTMWD will presume that the service offered complies with each requirement of the scope of work unless indicated otherwise. If the service offered is different than specified, Proposer must note the difference on an attached document that details the exception(s) to scope of work.

Failure of the Proposer to make the required acknowledgements may cause the Proposal to be considered non-responsive, in the sole determination of NTMWD. Should any product be delivered or service performed which is not as the Successful Proposer has purported it to be in its Proposal, said Successful Proposer will be required to correct any deficiencies without additional cost to NTMWD.

E. Proposer Requirements: The Proposer must have demonstrated experience of a similar nature and scope in the successful completion of the services to be performed pursuant to the Scope of Work. The Successful Proposer must take prime Consultant responsibility, including the management and performance of all subcontractors and products (goods) provided.

F. Proposer Costs: Any costs that may be incurred to prepare responses, attend meetings, attend site inspections, provide requested follow-up information, make formal and informal presentations, and / or contract negotiations, if applicable, shall be the sole responsibility of the Proposer.

G. Confidential or Proprietary Markings: Any portion of the Proposal that Proposer considers confidential or proprietary information, or to contain trade secrets of Proposing Firm, must be marked accordingly. This marking must be explicit as to the designated information. This designation may not necessarily guarantee the non-release of the information under the Public Information Act or as otherwise required by law but does provide NTMWD with a means to review the issues thoroughly and, if justified, request an opinion by the Attorney General's office prior to releasing any information requested under the Public Information Act.

4. PROPOSAL FORMAT REQUIREMENTS

Overview

To facilitate and expedite the evaluation process, all information in the Proposal should be organized and presented as directed below. A Proposal may be deemed to be non-responsive and may be disqualified, at NTMWD’s discretion, if the Proposal fails to comply with the following instructions.

Proposal Organization

The original hard copy Proposal shall be submitted in a 3-ring binder or electronically via Bonfire.

Proposals that are uploaded to ntmwd.bonfirehub.com by the specified due date and time will satisfy the bidding requirements.

Proposal text shall be typed in font no smaller than 10 point, on 8.5-inch by 11-inch paper, with one-inch margins.

Proposals may be either single-sided or double-sided pages and single-spaced the entire document.

All Proposal sections shall be divided by the use of numeric index tabs. All pages within these sections shall be uniquely numbered for purposes of easy reference.

Proposals shall be assembled in accordance with the following format.

Cover Letter (1 Page Limit)

• Include an explicit statement indicating that the Proposer, if successful, will be the Prime Consultant for the Work.

Table of Contents

• Include references to sections and page numbers.

Disclosure Statements

• Proposer’s disclosure and description of any outstanding legal issues and claims against it in connection with current Scope of Work or other Scope of Work undertaken in the last five (5) years.

• Proposer shall include in its response a statement affirming that no member of NTMWD, no officer, director, agent, or employee of NTMWD, and no member of any commission, committee, NTMWD or corporation controlled or appointed by NTMWD has already received, in connection with or related in any way to this contract, or has been promised, in the event this contract is awarded to the firm, any commission, finder's fee or other thing of value. In addition, the firm shall furnish a statement that identifies any member of NTMWD and any official or employee of NTMWD who, the firm has reason to believe, would or may be financially affected, whether affirmatively or negatively, and whether personally or through a spouse or other family member, if this contract were awarded to the Proposer. Upon request by NTMWD’s Executive Director, or an authorized agent thereof, the Proposer shall respond to any questions relating to the subject of this section.

Addenda

• The acknowledgement page(s) of all addenda issued by NTMWD shall be signed by the Proposer’s authorized representative and submitted in this section.

Section 1 – Company Overview

• Provide the name of the person who is authorized to answer questions regarding the firm’s proposal.

Please include a phone number and e-mail address.

• Provide a brief overview of your firm including history, mission and/or philosophy, services offered, areas of expertise and organizational structure. Include the number of years in business and the size of company.

• Describe your firm’s history of performing public opinion research consulting. Indicate whether your firm is local, regional, or international.

Section 2 – Team Qualifications

• Provide a list of staff proposed for this project.

• Provide the qualifications, experience, and credentials/designations held by each member of the team assigned to NTMWD’s account.

• Identify each member of the team by their assigned role for the NTMWD account.

• Describe the average tenure of the consultants and staff assigned to the NTMWD account.

Section 3 – Methodology and Approach

• Describe your team’s approach to public opinion research survey design.

• Identify the platform or platforms used by your company to conduct public opinion research.

• Describe your team’s approach to reporting survey results to your clients, including how you deliver the full survey results, and associated reports and presentations.

• Describe your approach to translating surveys and conducting public opinion research with Spanish-speaking audiences.

• Describe your approach to focus groups (either in-person, virtual or both).

• Describe what assistance will be required from NTMWD’s staff.

• Identify inherent Scope of Work challenges and the overall plan for meeting the requirements.

• Provide any additional information which will be useful in evaluating your proposal.

Section 4 – Past Experience

• Describe your firm’s experience in providing the services described in the scope of work.

o Include your firm’s experience working with either public utilities or municipalities to conduct public opinion research.

o Include your firm’s experience on research projects related to water conservation or the water industry.

• Provide the following:

o Certifications, licenses or industry-specific credentials relevant to the scope of work.

o Awards or recognitions relevant to the scope of work.

o Sample deliverables (i.e. reports, studies, etc.)

• List 3 – 5 projects that are most similar in scope, size, complexity and deliverables to the requirements specified in this request for proposal. It is preferred that projects be related to water conservation, water conservation programs and/or the water industry. For each project, provide the following information:

o Project name o Project description o Client name o Contract value o Duration (planned versus actual) o Key deliverables and scope elements that match NTMWD requirements

• Upon request, please provide a minimum of three (3) references, for which work has been completed in the past thirty-six (36) months. References should include public entities, if available, and shall be from clients for whom your firm has provided services of similar size and scope to the requirements specified in this request for proposal. Please include a narrative description of the scope of the project. For each, provide the following information:

o Client name o Location (city and state) o Contact name(s) o Phone number o Email address(s) o Brief description of work performed, and how it is relevant to the Scope of Work in this RFP.

o List any team members who worked on the referenced project that are also proposed for this RFP’s

Scope of Work.

• List all clients that have, in the past two (2) years, terminated their contract prior to the contract’s original completion date, including decisions by the client not to exercise remaining contract option years.

For any contracts listed, give the reason for termination (if known) and the names and telephone numbers of the client’s agent or employee responsible for administering the contract.

Pricing (Do not include this information in the binder)

Provide one (1) copy of the proposed pricing in a sealed envelope entitled “Pricing”. Proposal pricing shall be assembled and presented in accordance with the format and instructions of this RFP.

SUBMITTAL OF PROPOSALS

• NTMWD will accept Proposals no later than the Deadline for Proposal Due Date and Time. NTMWD will not consider late proposals. All Proposals submitted in response to this RFP shall become the property of NTMWD and will not be returned to the Proposer.

• Hard Copy Proposals must be signed, sealed in an envelope or container, and delivered to NTMWD’s Procurement Department. Unsigned, unsealed or late Proposals will not be considered. The Proposer must submit one (1) original. The Proposal submittal must be clearly marked with the RFP Number, Proposal Due Date and Time and addressed to the attention of the Procurement Department.

• Proposals that are uploaded to ntmwd.bonfirehub.com by the specified due date and time will satisfy the bidding requirements. Technical questions regarding how to upload your submission should be directed to Bonfire support. All other questions regarding this solicitation should be submitted on Bonfire by the question due date and time. If Bonfire is unavailable, questions can be directed to ppritchard@ntmwd.com.

• Proposer must provide all information requested in this RFP for a Proposal to be considered responsive.

• Non-Compete Agreements or Clauses: By submission of a bid or proposal or the execution of a contract, Bidder/Consultant agrees that NTMWD will not be bound by any non-compete agreements or similar agreements that inhibit NTMWD’s right to award and execute a contract to any company that submits a bid or proposal to NTMWD.

PROPOSAL RECEIPT / EVALUATION OF PROPOSALS

Responses to this RFP (Proposals) become the exclusive property of NTMWD. Proposals will be opened by NTMWD so as to avoid disclosure of contents to competing Proposers and kept secret during the process of negotiation.

After Proposals are opened, they will be evaluated on the basis given in the Scope of Work and as described in the “Evaluation Criteria” Section of this RFP. Until final award of a Contract, NTMWD reserves the right to reject any or all Proposals, to waive technicalities, or to proceed with an award for the services otherwise as deemed in NTMWD’s best interest.

• NTMWD reserves the right to require additional information from any or all Proposers and to conduct necessary investigations to determine (a) if the product and/or service offered meets NTMWD’s requirements, (b) the quality and reliability of the Proposer’s performance, and/or (c) to determine the accuracy of the Proposal information. As part of said investigations, NTMWD may interview and/or visit companies or public entities listed as references.

• NTMWD reserves the right to select any/all options that is/are determined to be in its best interests and at the sole discretion of NTMWD.

PROPOSAL AWARD

• If a Purchase Order or Contract is awarded as a result of this RFP, it will be made by NTMWD to the Proposer whose Proposal is determined to be the most advantageous to NTMWD, taking into consideration the relative importance of price and other evaluation factors, as identified in the Evaluation Criteria Section of this RFP.

• Proposals shall remain valid during the evaluation process time period including award of the Purchase Order or Contract. This time period is a minimum of 120 days.

• NTMWD reserves the right to make multiple awards if NTMWD believes it is in its best interest to do so.

• NTMWD and the Consultant agree to perform this Contract in strict accordance with the documents listed below, all of which are made a part of this award, in the order of precedence listed:

• Negotiated Modifications, if applicable

• Addenda, if applicable

• RFP Scope of Work

• Special Provisions

• General Terms and Conditions

• Consultant’s Proposal

• Proposer is required to review all the terms, conditions and contract provisions contained in this RFP to ensure it can comply with and concurs with all requirements.

• Proposer is required to review the payment terms and is advised that, unless other terms are requested and accepted, payment shall be made within 30 days after receipt of a valid invoice or receipt of products / services in accordance with the scope of work, whichever is later.

DETERMINATION OF NON-RESPONSIBLE PROPOSER

• NTMWD may disqualify a Proposer as non-responsible and its Proposal shall not be considered for reasons including but not limited to the following:

• Reason for believing collusion exists among the Proposers.

• The Proposer being in arrears on any existing contract or having defaulted on a previous contract.

• Where the Proposer, in the judgment of NTMWD, has failed to perform in a satisfactory manner on a previous contract.

DETERMINATION OF NON-RESPONSIVE PROPOSAL

• NTMWD may disqualify a Proposal as non-responsive and it shall not be considered for reasons including but not limited to the following:

• Proposal received after the Proposal Due Date and Time.

• Proposal was not signed.

REJECTION OF PROPOSALS

• NTMWD will automatically reject any Proposal that is submitted after the Proposal Due Date and Time and return it unopened.

• Until a Purchase Order is issued, NTMWD reserves the right to reject any or all Proposals, to waive technicalities, to re-solicit, to decline to proceed, or to otherwise proceed with procurement of goods and services herein defined by other method(s) allowed by law and in the best interests of NTMWD.

WITHDRAWING PROPOSALS

• Proposer, by submitting a proposal, warrants and guarantees that the proposal has been carefully reviewed and checked and that it is in all things true, accurate and free of mistakes. However, Proposers have a common law right to withdraw a proposal due to material mistake in the proposal.

• Proposer must submit a request to withdraw a proposal in writing to the Procurement Manager. The written request to withdraw a proposal must state the reason for the withdrawal request and, if the request is made after the Proposal Due Date and Time, the details of the material mistake must be included in the request.

A proposal for which withdrawal is properly requested prior to the Proposal Due Date and Time will be returned to the Proposer unopened.

• If the Proposer elects to withdraw its proposal and the withdrawal is accepted by the Procurement Manager or Designee, then the proposal/bid will become null and void. The proposal/bid will not be eligible to be reinstated.

PROPOSAL CHECKLIST

RFP NO. 26-146-P PROPOSER:

A check mark in the space provided indicates these forms, documents, or actions have been completed and are included in the proposal package. All deviations from the scope of work, form submittals, or action items must be documented separately and included in the submission.

Please include a copy of a completed checklist with the proposal response.

Proposal Submittals

Signatures. All forms requiring a signature have been signed.

Proposal Forms. All forms completed, including:

Proposal Pricing Form(s) Organizational Summary Form Proposal Endorsement Form All other forms requested as part of the RFP

Addenda. When applicable, Proposer submits signed addenda issued as part of the RFP. If any addenda included amended proposal pages or attachments, those documents must be used and included with the proposal.

Vendor References. Proposer provided the requested number of references for the Proposer.

Proposer Qualifications. When applicable, Proposer to provide all certifications, licensing, or other requested qualifications verification forms or information necessary to validate qualifications to provide products or services.

Proposal Completion Actions

Read/Confirm Intent to Comply. Proposer has read the Scope of Work, Special Provisions, General Terms and Conditions and confirms that he/she will comply with all requirements as provided.

Proofreading. Proposer has proofread all documents to ensure all information provided by the Proposer is accurate and responsive to the RFP scope of work.

NTMWD is not responsible for errors made by the Proposer.

Proposer has proofread all mathematical and number entries to ensure accuracy and commitment to honor pricing as submitted.

Late Proposals. Please note the time, date and delivery location (or mailing address if submitted by U.S. Postal Service). Late bids or proposals will not be accepted.

END OF PROPOSAL INSTRUCTIONS AND REQUIREMENTS

This checklist is intended to be an aid to reduce the possibility of errors in proposal submission; it is not intended to relieve the Proposing Firm from its obligations to review and comply with the RFP requirements.

EVALUATION CRITERIA

1 The evaluation criteria listed below will be used to determine which proposal response is most advantageous to NTMWD. Said determination will be made by NTMWD based on NTMWD’s best interest, and shall be considered final. Responses received to this RFP will be evaluated based on the criteria and corresponding weight given in each evaluation category listed herein. NTMWD’s evaluation team may consider feedback from references and/or NTMWD’s direct experience with a Proposing Firm as part of their evaluation process and consideration for scoring proposals. NTMWD’s evaluation team reserves the right to shortlist firms based upon scores/ratings received during the evaluation process.

2 Discussions may be conducted with finalist firms as determined by the evaluation team for clarifications as needed. Proposers shall be treated fairly and equally with respect to any opportunity for discussions. Inasmuch as NTMWD may not request best and final offers, Proposers are strongly urged to provide competitive pricing since revisions may not be permitted after submissions and before the award of the Contract.

3 The evaluation criteria are listed below:

Criterion Weight

Company Overview, Qualifications and Personnel Experience (Sections 1 – 2) 20 Points

Methodology and Approach (Section 3) 20 Points

Prior Experience Completing Similar Projects (Section 4) 30 Points

Price 30 Points

END OF EVALUATION CRITERIA

SCOPE OF WORK

Background

The North Texas Municipal Water District (NTMWD) provides vital wholesale water, wastewater and solid waste management services to 2.2 million people across more than 70 communities in North Texas. NTMWD’s water service area covers 2,200 square miles across 10 counties.

NTMWD aggressively pursues water conservation within its district, including partnering with member cities and customers on programming and communications related to water conservation. As part of those efforts, NTMWD is seeking a consultant to deliver public opinion surveys on water conservation and other related topics.

Basic Services Consultant shall provide full range of services related to public opinion surveys including:

• Develop of the survey instrument proposed for a public opinion poll and the methodology to be employed for a statistically valid sampling of the region, including guidance and recommendations on best practices for survey methodology.

• Provide English and Spanish versions of the survey.

• Conduct data collection for the survey.

• Provide a written report on survey results. The final report will include at a minimum the framework and methodology used; the tabulation of all calls and/or contacts made as part of the survey; the tabulation of survey results, key findings, and detailed findings (i.e., top-lines, and cross tabs); and conclusions and recommendations for future water conservation messaging and avenues for communication with area residents.

• Provide separate presentations to NTMWD staff and other organizations.

Phase I

Consultant shall deliver a public opinion survey across the NTMWD, Tarrant Regional Water District, and City of Dallas Water Utilities multi-county service area of homeowners with irrigation systems that will measure the:

• Awareness and reputation of Water Is Awesome (waterisawesome.com) as a well-known water conservation resource and behavior change program.

• Awareness levels of residents about how Water Is Awesome advertising, messaging and website promote the importance of water conservation in our region.

• Recollection and effectiveness of past Water Is Awesome campaign messaging as a call-to-action for reducing water use across the region.

• Exposure of Water Is Awesome messaging across varying channels of communication.

Consultant will work with NTMWD’s communications and water conservation team to develop and execute the survey.

Phase I Timeline

Work shall begin immediately upon execution of the contract and end by September 30, 2026.

Phase II Consultant shall provide Basic Services on an as-needed basis. As determined and authorized by NTMWD, Consultant will provide individual project scope of work in accordance with this section.

1. Consultant shall develop, document, and finalize scope of work and requirements for individual projects in accordance with the identified objectives. Individual project scope document should include, but not be limited to:

a. Purpose and justification

b. Scope description

c. High-level requirements

d. Boundaries

e. Strategy

f. Deliverables

g. Timeline of completion

h. Acceptance criteria

i. Constraints

j. Assumptions

k. Not-to-exceed price of project

a. Consultant shall utilize contract rates to determine the not-to-exceed price for the project.

2. The individual project scope of work shall include the NTMWD contract number.

3. NTMWD shall issue a purchase order or written approval for each approved individual project scope of work.

a. If Consultant requires NTMWD signature on the individual project scope of work, it shall be signed by the requisite NTMWD Signature Authority.

Optional Services

Consultant shall be able to provide additional optional services, including:

• Conducting 1-2 focus groups of NTMWD, Tarrant Regional Water District, and City of Dallas Water Utilities multi-county service-area homeowners with irrigation systems to provide a review and assessment of the messaging of past Water Is Awesome program deliverables (commercials, print advertising, and others).

• Additional presentations to staff members, board members and other stakeholders.

SPECIAL PROVISIONS

1 NTMWD’S RIGHT TO INSPECT AND AUDIT

1.1 The Consultant (and Consultant’s suppliers, vendors, subcontractors, insurance agents and other agents) shall maintain and NTMWD shall have the right to examine records, documents, books, accounting procedures and practice and any other supporting evidence deemed necessary by NTMWD to substantiate compliance with the terms of this Contract, including Change Orders. Such right of examinations shall include reasonable access to and cooperation by all Consultant personnel who have worked on or have knowledge related to the performance of this Contract. The Consultant shall provide all records and retrieval requested, within seven (7) calendar days.

2 TERM

2.1 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.

2.2 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.

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

3 INSURANCE PROVISIONS

3.1 DEFINITIONS FOR INSURANCE PROVISIONS

• “We”, “us”, or “our” means the North Texas Municipal Water District.

• “You” or “your” means the vendor, contractor, tenant, consultant, engineer, architect, and their agents, servants, employees, or other party to a contract with us.

• “Contract” means the contract, purchase order, Invitation for Bid, or similar memorandum or agreement.

• For purpose of defining Additional Insured and Waiver of Subrogation, the term “North Texas Municipal Water District (the District) shall also mean the elected officials, Board, officers, employees, agents and representatives of the District and the Cities.

3.2 GENERAL REQUIREMENTS

• You shall, at your own expense, maintain in effect not less than the following coverages and limits of insurance. If your coverage fails to comply with these requirements, you agree to amend, supplement or endorse the existing coverage to comply, at no additional cost to us, and to maintain such insurance through the end of the contract, warranty period, or other specified time period, whichever is longer. ANY deviation from the requirements outlined below requires the prior written approval of the District.

• All required policies must be written through a company approved to transact that class of insurance in the State of Texas, with a minimum rating of ‘A -‘,and ‘VII’ by A. M. Best Company. If the rating of any insurer should fall below this standard, you shall cause the policy to be replaced promptly by an acceptable insurer.

• All required policies, except policies for workers’ compensation and professional liability, shall designate the below mentioned parties as “Additional Insureds.”

“North Texas Municipal Water District”

• All required policies shall waive the insurer’s right of recovery or subrogation against the District.

• If any policy is in excess of self-insured retention (SIR), the amount of such SIR must be clearly identified. We reserve the right to reject any SIR exceeding $100,000.

• All required policies must be primary with respect to coverage provided for the District.

• All required policies must be non-contributory with other coverage or self-insurance available to the District.

• All required Liability policies, except Professional, must be written on an “Occurrence Form.” Neither “Modified Occurrence” nor “Claims-Made” policies are acceptable, and the Contractor will be in contractual default if your insurance is “Modified Occurrence” or “Claims Made.” If the Professional Liability policy is Claims- Made, the Retroactive Date must be on or before the contract date or the date of the Contractor’s first professional service to the District related to our contract.

• All required liability policies must cover cross-suits between insureds.

• All required liability policies must contain a “severability of interests” provision.

3.3 REQUIRED COVERAGE AND LIMITS

Workers’ Compensation ............................................................................... Texas Statutory Coverage Employer’s Liability Insurance ........................................................................ $500,000 Each Accident Each Disease, Each Employee…………………………………...$500,000 Each Disease Policy Limit…………………………………………$500,000

• All employees, leased or co-employees, independent contractors, and employees of subcontractors and vendors, occupants of the building as tenants, sub-tenants or sub sub-tenants, performing work for the District, or entering upon the District’s premises, must be covered by Texas Workers’ Compensation.

• If Contractor is a sole proprietorship without employees and which will not be using any subcontractor(s) in the performance of the Contract Work, it may substitute the following for workers compensation insurance: The Contractor must provide the District with a Hold Harmless and Indemnification Agreement in the form attached in the “Proposal Response Forms” section.

Commercial General Liability (CGL)

Limit Any One Occurrence .................................................................................................... $1,000,000 Damage to Rented Premises .................................................................................................... $100,000 Personal and Advertising Injury ........................................................................................... $1,000,000

Policy Aggregate .................................................................................................................... $2,000,000 Products and Completed Operations Aggregate ................................................................ $2,000,000

• Aggregate limits of General Contractors or construction contracts General Liability policies shall be “per project” or “per location,” as appropriate. If any aggregate limit is reduced by 25% or more by reserved and/or paid claims, the contractor must notify the District and promptly reinstate the required aggregates.

Business Automobile Liability

Combined Single Limit for Each Accident… ........................................................................... $500,000

• Coverage must apply to all vehicles (owned, non-owned, or hired) operating on our site/location, or transporting our people or property off our site, except vehicles operated by you or your employee(s) commuting in personal vehicles to our parking facilities, in which case you must only carry Employer’s Non-Ownership coverage, (same limit), and ensure that such vehicle(s) are personally insured.

Professional Liability Insurance ............................................................................................... $1,000,000

• Your policy must cover the type of professional service you will provide in fulfilling your contract with the District including covering data breaches, infringement of intellectual property, trademark or copyright, invasion of privacy, information theft, damage to or destruction of electronic data, extortion and network security.

• If the Professional Liability policy is Claims-Made, the Retroactive Date must be on or before the contract date or the date of the contractor’s first professional service to the District.

3.4 ADDITIONAL REQUIREMENTS

• Should this Contract require the use of Subcontractors, it will be the sole responsibility of the General Contractor to either endeavor to require Subcontractors to provide and maintain the insurance limits and coverages required herein or provide said insurance coverage for the subcontractor by designating the Subcontractor as an additional insured either by a blanket additional insured endorsement, or by specific endorsement.

• The General Contractor shall verify that such Subcontractors are in compliance with all contractual insurance requirements.

• The General Contractor shall assume all liability for those Subcontractors who do not meet the insurance requirements.

3.5 CERTIFICATE OF INSURANCE

Upon execution of the contract or prior to commencement of work, whichever is first, you shall provide the Procurement Manager with a current insurance certificate by emailing your certificate to ppritchard@ntmwd.com with your contract number and business name in the subject line. Please copy the Procurement Manager on email submissions. You shall cause your insurance data to be kept current with the District for the period of time you are liable for your product or work, but not less than through the warranty period of our contract.

You further agree, upon our oral or written request, to furnish copies of certificates of insurance, certified by an authorized representative of the insurer(s), within ten (10) days of request. Certificate shall include the RFP/Contract number.

You shall provide the District at least thirty (30) days prior to cancellation, except ten (10) days for non-payment of premium of cancellation of any required coverage. You shall then arrange acceptable alternate coverage to comply with our requirements and provide an updated insurance certificate.

No policy submitted shall be subject to limitations, conditions or restrictions that are inconsistent with the intent of the Insurance Requirements to be fulfilled by you. The District's decision thereon shall be final.

Approval, disapproval or failure to act by the District regarding any insurance obtained by you shall not relieve you of full responsibility or liability for damages and accidents as set forth herein. Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate you from liability.

No special payment, except when separate line item is provided, shall be made by the District for any insurance that the Contractor may be required to carry; all are included in the Contract amount and the Contract unit prices.

END OF SPECIAL PROVISIONS

GENERAL TERMS AND CONDITIONS

1 ASSIGNMENT

The Consultant is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of the Contract or its rights, title, or interests therein, or its power to execute such agreement to any other person, company, or corporation without the prior approval, in writing, by the North Texas Municipal Water District (NTMWD), whose approval shall be discretionary. Such consent shall not relieve the assignor of liability in the event of default by its assignee.

2 CHANGES IN CONTRACT

NTMWD reserves the right to make changes in the scope of the Work as may be considered necessary or desirable, and Consultant shall perform the Work as altered, whether increased or decreased, for a new Contract price equitably adjusted to reflect the changes. No allowance will be made for anticipated profits where the scope of the Work has been diminished. All Contract changes must be executed in writing.

Payment will be made only for actual quantities of products delivered or Work performed.

3 COMPLIANCE WITH LAWS

Consultant shall comply with all applicable Federal, State and Local laws, statutes and ordinances, and with all applicable regulations or orders of any governmental department, NTMWD, bureau or agency, including NTMWD.

4 CONFIDENTIAL OR PROPRIETARY INFORMATION

Any portion of the Consultant’s Proposal that is marked confidential or proprietary, or clearly states contains trade secrets of the Consultant may not necessarily guarantee the non-release of the information under the Public Information Act or as otherwise required by law. If access is requested to information in the Consultant’s Proposal so marked, NTMWD shall review the issues thoroughly and, if justified, shall request an opinion by the Attorney General's office prior to releasing any information requested under the Public Information Act.

5 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE):

All contracts and subcontracts that result from this RFP incorporate by reference the provisions of 29 CFR part 201, the Federal Labor Standards Act (FLSA), with the same force and effect as if given in full text.

The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers.

Consultant has full responsibility to monitor compliance to the referenced statute or regulation. Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

6 FISCAL YEAR FUNDING

NTMWD's fiscal year begins October 1 and ends the following September 30th. Budget funds are approved by NTMWD and Board on an annual basis. In the event 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. Consultant 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 NTMWD.

7 FORCE MAJEURE

Neither Consultant nor NTMWD shall be responsible or deemed to be in default of its obligations to the other to the extent any failure to perform or delay in performing its obligations under this Contract is caused by events or conditions beyond the reasonable control of that party, and are not due to the negligence or willful misconduct of such party (hereinafter, “force majeure events”). For purposes of this Contract, force majeure events shall include, but not be limited to, acts of God or public enemy, war, riot or civil commotion, strikes, epidemic, fire, earthquake, tornado, hurricane, flood, explosion, or other catastrophes, or events or conditions due to governmental law, regulations, ordinances, order of a court of competent jurisdiction, executive decree or order. However, in the event of such delay(s) or nonperformance, the party so delayed shall furnish prompt written notice to the other party (including the date of inception of the force majeure event and the extent to which it will affect performance) and shall undertake all efforts reasonably possible to cure the delay or nonperformance and mitigate its effects or to otherwise perform. NTMWD shall not be responsible for payment for any product or service delayed or foreclosed by any force majeure event unless and until such delayed or foreclosed product or service is provided. The provisions of this section shall not preclude NTMWD from canceling or terminating this Contract (or any order for any goods or services included herein), or from revising the scope of the Work, as otherwise permitted under this Contract.

8 INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS

TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONSULTANT SHALL

INDEMNIFY, DEFEND, AND HOLD HARMLESS OWNER, AND THE OFFICERS, DIRECTORS,

MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONSULTANTS OF

EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES

(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS,

ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER

DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE

WORK, PROVIDED THAT ANY SUCH CLAIM, COST, LOSS, OR DAMAGE IS ATTRIBUTABLE TO

BODILY INJURY, SICKNESS, DISEASE, OR DEATH, OR TO INJURY TO OR DESTRUCTION OF

TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE

RESULTING THEREFROM BUT ONLY TO THE EXTENT CAUSED BY ANY NEGLIGENT ACT OR

OMISSION OF CONSULTANT, ANY SUBCONSULTANT, ANY SUPPLIER, OR ANY INDIVIDUAL OR

ENTITY DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM ANY OF THE

WORK OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE.

IN ANY AND ALL CLAIMS AGAINST OWNER OR ANY OF THEIR OFFICERS, DIRECTORS,

MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, OR SUBCONSULTANTS BY ANY

EMPLOYEE (OR THE SURVIVOR OR PERSONAL REPRESENTATIVE OF SUCH EMPLOYEE) OF

CONSULTANT, ANY SUBCONSULTANT, ANY SUPPLIER, OR ANY INDIVIDUAL OR ENTITY

DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM ANY OF THE WORK, OR

ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION

UNDER PARAGRAPH 11.1 SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE

AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR

CONSULTANT OR ANY SUCH SUBCONSULTANT, SUPPLIER, OR OTHER INDIVIDUAL OR ENTITY

UNDER WORKERS’ COMPENSATION ACTS, DISABILITY BENEFIT ACTS, OR OTHER EMPLOYEE

BENEFIT ACTS.

9 INDEPENDENT CONSULTANT

The relationship of Consultant to NTMWD is that of Independent Consultant. Under no circumstances shall NTMWD be considered in privity of Contract with any subconsultant or supplier hired by Consultant, and such subconsultant or supplier, if any, shall look solely to Consultant or to the Contract Bond Surety, if any, for recovery of any claims for monies owed for material supplied or labor performed relating to the Work hereunder.

10 JURISDICTION

This Contract shall be construed in accordance with the laws and court decisions of the State of Texas and be enforceable in Collin County, and if legal action is necessary by either party with respect to the enforcement of any and all of its terms and conditions, exclusive venue for same shall lie exclusively in Collin County, Texas.

11 NON-COMPETE AGREEMENTS OR CLAUSES

By execution of this contract, Consultant agrees that NTMWD will not be bound by any non-compete agreements or similar agreements that inhibit NTMWD’s right to award and execute a contract to any company that submits a bid or proposal to NTMWD.

12 NOTICE OF DELAYS

Whenever the Consultant encounters any difficulty which is delaying or threatens to delay timely performance (including actual or potential labor disputes), the Consultant shall immediately give notice in writing to NTMWD including all relevant information. Such notice shall not in any way constitute a basis for an extension of the delivery or performance schedule or be construed as a waiver by NTMWD of any right or remedies to which it is entitled by law or pursuant to provisions herein. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery or performance schedule because of such delay.

13 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970:

All contracts and subcontracts that result from this RFP incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The Consultant must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Consultant retains full responsibility to monitor its compliance and their subconsultant’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

14 PERSONAL LIABILITY OF PUBLIC OFFICIALS

In carrying out any of…