2-26-021-B Solicitation Packet 2025-10-30.pdf

REQUEST FOR BID NO. 26-021-B

Waste Hauling Services

PRE-BID MEETING:

Friday, November 7, 2025, at 10:00 AM Central

BID SUBMITTALS ARE DUE PRIOR TO:

Monday, December 1, 2025, at 1:00 PM 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:

Adrienne Conyer aconyer@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 an annual contract for as-needed hauling services in accordance with the specifications provided herein.

2. PRE-BID MEETING

A pre-bid meeting will be on Friday, November 7, 2025, at 10:00 AM 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/meet/aconyer

OR

TEL: 1-415-655-0001 or 844-621-3956 Access Code: 2660 710 2008

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 2:00 PM Central on Monday, November 10, 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. 26-021-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 1:00 PM Central Time on Monday, December 1, 2025. No late bids will be accepted.

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

URL:

https://ntmwd.bonfirehub.com/contracts/36875/people https://ntmwd.webex.com/meet/aconyer

OR

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

Access Code: 2660 710 2008

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

• References

7. METHOD OF AWARD

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

SPECIFICATIONS

Background The North Texas Municipal Water District (NTMWD) provides solid waste disposal services to approximately 980,000 residents and businesses across five member cities—Allen, Frisco, McKinney, Plano, and Richardson—as well as Collin County and surrounding areas. Solid waste is collected and delivered to one of three, soon to be four, NTMWD transfer stations. Waste is then hauled to the

Regional Disposal Facility in Melissa Texas.

Scope of Services NTMWD transfers an estimated 600 loads of municipal solid waste per week to the 121 Regional

Disposal Facility (121 RDF) located in Melissa, Texas. This facility has an intake capacity of 145

MSW (municipal solid waste) loads per day, however the average is 111. NTMWD is looking to contract with a company to provide dedicated hauling services on Saturdays and provide as needed hauling service in an on-call capacity from transfer stations to the Regional Disposal Facility during normal operating hours: Monday – Saturday 7:00AM - 7:00PM.

The Contractor must furnish all labor, materials, equipment, supplies, supervision, and maintenance necessary to transfer municipal solid waste in a safe, timely, and efficient manner, in accordance with all laws, from designated NTMWD transfer stations to 121 RDF. The contractor awarded should be able to perform the following:

1. Provide a dedicated Saturday haul (Estimated 20 loads) from Custer Transfer Station to

121 RDF.

• Have a fleet and certified drivers able to load and offload MSW on a dedicated Saturday haul from the Custer Transfer Station to the 121 Regional Disposal Facility in Melissa, Texas.

2. Additional Transport Support (As Needed)

• Provide additional hauling support Monday through Saturday, as requested by NTMWD, with a response time of no more than 24 hours from the time of request (excluding

Sundays).

3. Logistics:

Municipal solid waste will be picked up at one of the listed transfer stations and transported to

121 RDF. Respondents are asked to provide inclusive pricing per load, for each route and schedule.

NTMWD Solid Waste Facility locations are as follows:

NTMWD Fleet / Solid Waste Service Locations

121 RDF (Landfill) 3820 Sam Rayburn Highway

Melissa, Texas 75454

Custer Road -Transfer Station 9901 Custer Road

Plano, Texas 75025

Parkway - Transfer Station 4030 W. Plano Parkway

Plano, Texas 75093

Lookout Drive - Transfer Station 1601 E Lookout Dr.

Richardson, Texas 75082

Gateway Transfer Station PGA Parkway & Dallas North

Tollway.

4. Equipment Readiness

• Have a fleet that can transfer and offload municipal solid waste. Maintain all trailers and equipment in good working conditions to prevent service delays or safety hazards.

5. Potential Loading Locations

• Be prepared to load trailers at other NTMWD-designated locations, including new facilities, temporary or permanent loading zones within or adjacent to the transfer stations, as operational needs evolve.

6. Unloading At RDF 121 Contractors will be able to, at their own risk, utilize the NTMWD Phelps Trailer Tippers, providing their equipment is compatible.

7. Public Safety and Complaint Resolution The Contractor shall:

• Ensure all hauling operations are conducted in a safe, efficient, and environmentally responsible manner, in compliance with all applicable local, state, and federal regulations.

• Conduct operations in a manner that minimizes disruption to the public and surrounding properties.

• Implement appropriate safety measures to prevent accidents or hazards to the public and NTMWD personnel.

• Respond to all public complaints, in writing, related to hauling operations within 48 hours.

• Provide NTMWD with a written record of each complaint and its resolution to the contract manager at NTMWD.

• Resolve complaints to the satisfaction of NTMWD. If the Contractor fails to do so, NTMWD reserves the right to resolve the issue and recover associated all costs associated with the resolution from the Contractor.

8. Performance Standards

• The Contractor is required to provide certified quality drivers to perform duties herein.

NTMWD reserves the right to audit drivers’ records, service logs, inspect equipment, and monitor performance throughout the contract term.

• Repeated failure to meet performance standards may result in request for driver removal or contract termination.

BID PRICING FORM

THIS PAGE LEFT BLANK INTENTIONALLY.

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 cite the bid/contract number.

11. 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: CWURS37ASAG Series Title: other goods and services in Dallas-Fort Worth-Arlington, TX, urban wage earners and clerical workers, not seasonally adjusted

B. The index published in the month of October (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.

file://ntmwd.com/bdcdfs/home/anobles/Projects/For%20Nicole/Bid%20Packets/payables@ntmwd.com

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 delivery.

22. RIGHT OF INSPECTION AND REJECTION

NTMWD shall have the right to inspect goods upon delivery before accepting them, and to reject defective or non-conforming deliverables. Contractor shall be responsible for all charges for the return to of any goods rejected as being nonconforming under the specifications.

23. PLACE AND CONDITION OF WORK

NTMWD shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of NTMWD’s service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor’s obligations under the contract. The Contractor hereby releases and holds NTMWD harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions.

24. LIABILITY FOR DAMAGE TO NTMWD PROPERTY

The Contractor shall be liable for all damages to government-owned, leased or occupied property and equipment caused by the Contractor and its employees, agents, subcontractors and supplies, including any delivery or cartage company, in connection with any performance pursuant to the Contract. Contractor shall notify NTMWD in writing of any such damage within one (1) calendar day.

25. WORKFORCE

A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract.

B. Vehicle operators are required to have appropriate state licenses and comply with all federal, state and local laws governing the operation of motor vehicles.

C. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under An NTMWD contract or on NTMWD’s property:

• use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or

• use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job.

D. If NTMWD or NTMWD’s representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without NTMWD's prior written consent.

E. The immigration reform and control act of 1986 (IRCA) makes it illegal for employers to knowingly hire or recruit immigrants who do not possess lawful work authorization and requires employers to verify their employees' work eligibility on a U.S. department of justice form I-9. The contractor warrants that contractor is in compliance with IRCA and will maintain compliance with IRCA during the term of the contract with NTMWD. Contractor warrants that contractor has included or will include a similar provision in all written agreements with any subcontractors engaged to perform services under this contract.

26. SAFETY

A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work, including but not limited to the requirements of the United States Occupational Health & Safety Administration. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

• all persons on the Site or who may be affected by the Work;

• all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site;

and

• other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of project.

B. Contractor shall comply with all applicable laws and regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

C. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, any

Subcontractor, Supplier, or any other 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, shall be remedied by Contractor.

D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and final payment has been issued.

E. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

F. Debris discharged into the street, into traffic lanes, down gutters/waterways, down storm drains or onto private property must be minimized and cleaned up as quickly as possible.

27. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS

A. The Contractor, its’ Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by NTMWD and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern.

B. Services, products, materials, and supplies provided by the Contractor must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Contractor agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. The Contractor shall indemnify and hold NTMWD harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s obligations under this section.

28. PREVAILING WAGE RATES

Contractors are required to pay not less than the rates determined using the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et seq.), and its subsequent amendments, to a worker employed by it in the execution of a contract for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. Contractors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project.

29. TRAVEL EXPENSES

All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms.

30. PRICE

Unit prices of all items purchased under this Contract are firm for the initial period of the Contract. If applicable, prices may be adjusted for subsequent terms pursuant to the provisions contained in “North Texas Municipal Water District Price Adjustments for Annual Contracts,” as attached. The prices specified by the bidder shall include all direct and indirect costs including, but not limited to freight, delivery, fuel surcharges, etc. No additional charges shall be permitted for either response or invoice purposes.

31. WARRANTY – PRICE

The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor.

32. WARRANTY – TITLE

The Contractor warrants that it has good and indefeasible title to all Deliverables furnished under the Contract, and that the Deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold NTMWD harmless from and against all adverse title claims to the Deliverables.

33. WARRANTY – DELIVERABLES

The Contractor warrants and represents that all Deliverables sold NTMWD under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the Deliverables shall be new, and not used or reconditioned.

A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect.

B. Unless otherwise specified in the specifications, the warranty period shall be at least one (1) year from the date of acceptance of the Deliverables or from the date of acceptance of any replacement Deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non-conforming Deliverables, or replace the non-conforming Deliverables with fully conforming Deliverables, at NTMWD’s option and at no additional cost to NTMWD. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs, shall be borne exclusively by the Contractor. NTMWD shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair NTMWD’s rights under this section.

C. If the Contractor is unable or unwilling to repair or replace defective or non-conforming Deliverables as required by NTMWD, then in addition to any other available remedy, NTMWD may reduce the quantity of Deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming Deliverables from other sources. In such event, the Contractor shall pay to NTMWD upon demand the increased cost, if any, incurred by NTMWD to procure such Deliverables from another source.

D. If the Contractor is not the manufacturer, and the Deliverables are covered by a separate manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to NTMWD. If for any reason the manufacturer’s warranty cannot be fully transferred to NTMWD, the Contractor shall assist and cooperate with NTMWD to the fullest extent to enforce such manufacturer’s warranty for the benefit of NTMWD.

34. WARRANTY – SERVICES

The Contractor warrants and represents that all services to be provided NTMWD under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations.

A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect.

B. Unless otherwise specified in the Contract, the warranty period shall be at least one (1) year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to NTMWD. All costs incidental to such additional performance shall be borne by the Contractor. NTMWD shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair NTMWD’s rights under this section.

C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by NTMWD, then in addition to any other available remedy, NTMWD may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to NTMWD upon demand the increased cost, if any, incurred by NTMWD to procure such services from another source.

35. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES

If, instead of requiring immediate correction or removal and replacement of defective or non-conforming Deliverables, NTMWD prefers to accept it, NTMWD may do so. The Contractor shall pay all claims, costs, losses and damages attributable to NTMWD’s evaluation of and determination to accept such defective or non-conforming Deliverables. If any such acceptance occurs prior to final payment, NTMWD may deduct such amounts as are necessary to compensate NTMWD for the diminished value of the defective or non-conforming Deliverables. If the acceptance occurs after final payment, such amount will be refunded to NTMWD by the Contractor.

36. OWNERSHIP OF DOCUMENTS

All documents, including but not limited to all drawings, illustrations, schedules, maps, plans, specifications, and other data or information, created or used by Contractor in performance of the contract (the "Contractor's Documents") are the property of NTMWD. Contractor will provide all of Contractor's Documents to NTMWD as soon as practicable, but not later than the conclusion of the services.

37. CONFIDENTIALITY

In order to provide the Deliverables to NTMWD, Contractor may require access to certain of NTMWD’s and/or its licensors’ confidential…