Fuels (NR) Bid Specs APP- 4160-001-L-27.pdf

Trinity River Authority of Texas

Purchasing Department

Bid Number: 4160-001-L-27 *Bid Closing Date: October 1, 2026 12:00PM

Commodity

Description:

FUELS (NR) *Bid Reading Date: October 1, 2026 2:00PM

BUYER CONTACT INFORMATION

Name: Brad Westphal Phone:

Instructions:

• Bids must be submitted by the time and date specified above.

• Bids must be uploaded on the following website: https://tra.procureware.com

• ALL PRICING MUST BE ENTERED IN PROCUREWARE ON THE PRICING TAB. PRICING SUBMITTED BY

ANY OTHER METHOD WILL NOT BE ACCEPTED OR CONSIDERED.

MAILING ADDRESS: BID OPENING LOCATION:

Central Regional Wastewater System

6500 Singleton Blvd.

Dallas, TX 75212

Central Regional Wastewater System

6500 Singleton Blvd.

Dallas, TX 75212

VENDOR INFORMATION

Company

Name:

Name

(type or print): Title:

Address:

City: State:

ZIP

Code:

Telephone

Number:

Fax

Nbr.:

E-Mail

Address:

Signature:

Use Ink Only.

Business Designation

(check one):

Individual [ ] Sole Proprietorship [ ] Public Service Corp [ ]

Partnership [ ] Corporation [ ] Government/ Nonprofit [ ] ALL PRICING MUST BE ENTERED IN PROCUREWARE ON THE PRICING TAB. PRICING SUBMITTED BY ANY

OTHER METHOD WILL NOT BE ACCEPTED OR CONSIDERED.

https://tra.procureware.com/

TRINITY RIVER AUTHORITY

FUELS (NR)

SPECIFICATION NUMBER: 4160-001-L-27

Ln.

No.

TRA

No.

Description/Specifications: UOM Quantity Rack Price Mark-up per gallon

Unit Price/Extension

1 5000 Unleaded Gasoline

Estimated usage:

CRWS (30,000 gal) / CSG (15,000 gal)

GAL 45,000

PER

YEAR

2 5000 Unleaded Gasoline

Estimated usage:

TMCRWS

GAL 8,000

PER

YEAR

3 5001 #2 Diesel Fuel – Low

Sulfur Clear.

Estimated Site Usage:

CRWS (20,000 gal) / CSG (5,000 gal)

GAL 25,000

PER

YEAR

4 5001 #2 Diesel Fuel – Low

Sulfur Clear.

Estimated Site Usage:

DCRWS

GAL 5,450

PER

YEAR

5 5001 #2 Diesel Fuel – Low

Sulfur Clear.

Estimated Site Usage:

MCRWS

GAL 2,000

PER

YEAR

6 5001 #2 Diesel Fuel – Low

Sulfur Clear.

Estimated Site Usage:

ROCRWS

GAL 4,000

PER

YEAR

7 5001 #2 Diesel Fuel – Low

Sulfur Clear.

TCWSP

GAL 6,224

PER

YEAR

8 5001 #2 Diesel Fuel – Low

Sulfur Clear.

Estimated Site Usage:

TMCRWS

GAL 8,500

PER

YEAR

GRAND TOTAL OF QUOTE: $

Please provide an estimated unit cost per delivery for Surcharges and Delivery charges.

Price

Fuel Surcharge $_________

Fed Superfund Rec $_________

Fed Oil Spill $_________

TX State Excise Tax 1 $_________

ST Del/Env Fee Reimb $_________

Delivery Charge $_________

SCOPE AND INTENT

The Trinity River Authority (AUTHORITY) is soliciting bids for its two-year annual supply of gasoline and diesel fuel for AUTHORITY on and off-road vehicles.

Denton Creek – DCRWS

TRA Cades Generator Red Dyed 500

TRA Cowboy Seg A Red Dyed 1000

TRA Kirkwood Red Dyed 2200

TRA River Authority - DCRWS Plant Red Dyed 250

TRA River Authority - DCRWS Plant Red Dyed 1000

TRA River Authority - DCRWS Plant Red Dyed 500

BID TERM

The term of the bid will be for two years beginning on January1, 2027 and ending on December 31, 2027.

PRE-BID MEETINGS AND PUBLIC READING OF BIDS

There will be no Pre-Bid Meeting. All information regarding this specification and all questions MUST be addressed via https://tra.procureware.com.

INSTRUCTIONS:

• ALL PRICING MUST BE ENTERED IN PROCUREWARE ON THE PRICING TAB. PRICING SUBMITTED BY

ANY OTHER METHOD WILL NOT BE ACCEPTED OR CONSIDERED.

• Bid must be submitted by the time and date listed above.

• Bids must be uploaded to the following website: tra.procureware.com https://tra.procureware.com/

• The name of the bidding firm and a signature must be provided at the top of each page where specified.

• The required documents included at the end of this bid specification that MUST be completed, signed and submitted along with the bid specification are:

o Texas Resident Bidder Certification o Conflict of Interest Questionnaire (input “NA” for questions that do not apply – then sign and date at the bottom of the form where specified) o TGC 2270 – does not/will not boycott Israel (for bids of or in excess of $100,000)

BIDDER acknowledges above requirements: ____________________________________________

PRODUCT QUALITY

A. All motor fuels delivered under this bid shall be of high quality and shall not contain any foreign substances or water which, may damage AUTHORITY vehicles or contaminate AUTHORITY storage tanks. The AUTHORITY reserves the right to require such tests as deemed necessary to insure the quality of all products delivered. If the products prove to be nonconforming to these specifications, the SUCCESSFUL BIDDER agrees to pay for the tests, removal of the product from the AUTHORITY’s premises and replacement of such with a suitable complying product without any cost the AUTHORITY. If the products pass said test, the AUTHORITY will bear the costs of such tests.

B. At the time of delivery, the AUTHORITY reserves the right to test all fuels for water with a finding paste. Fuel shipments may be rejected if excessive amounts of water exist.

C. All fuels provided must meet American Society for Testing Materials (ASTM) specifications.

Gasoline - Mid-Grade Unleaded (89 Octane Minimum RFG)

Property ASTM Test Method Mid-Grade Unleaded

Research Octane Method Minimum D-908 89

Tetraethyl Lead D-2599 0.01

Sulfur, % Maximum D-3120 0.10

Diesel Fuel - (45 Cetane Minimum)

Property Diesel #2

Flash Point, ºF Minimum 125º

Water and Sediment, % V. Maximum 0.05

Carbon Residue on 10% Residuum, % Wt. Max. 0.35

Ash, % Weight Maximum 0.01

Sulfur, Maximum 0.05

Cetane No. Minimum 45

SPECIAL CONDITIONS

A. For the purpose of "low bid" determination, the delivered net price quoted to the AUTHORITY shall be the

BIDDER’s rack price per gallon plus the BIDDER’s mark-up per gallon from this price. For purposes of this bid, the rack price quoted shall be the BIDDER’s cost on September 30, 2026. The BIDDER shall state the fuel supplier (Fina, Diamond Shamrock, etc.).

BIDDER acknowledges above requirement______________________________________________________

B. BIDDER shall complete the bid pricing for October 1, 2026 . A copy of the Electronic Transmittal Verification for that date must accompany the bid.

BIDDER acknowledges above requirement______________________________________________________

C. The quoted pricing shall not include state tax or loading fee as imposed by H.B. 1588. All other fees, surcharges, labor, freight, added value, and other monetary or non-monetary charges must be included in the bid price (rack price plus mark-up).

D. SUCCESSFUL BIDDER shall be responsible for applying for and obtaining exemption from the Federal Excise Tax per Internal Revenue Code, Section 6416, which allows exemption of the Federal Excise Tax on sales to state and local governments. Invoices under this bid shall not include Federal Excise Tax. The SUCCESSFUL BIDDER shall furnish the required forms for signature by the AUTHORITY and the SUCCESSFUL BIDDER shall execute such exemption forms.

E. It is understood by the AUTHORITY and the BIDDER that fuel prices will fluctuate with the market condition; and that the rack price shall be the base pricing instrument plus mark-up to determine fuel cost under this specification for the term of the bid including any and all extensions. Mark-up from rack price shall be firm for the duration of the bid.

F. BIDDER is required to supply, with bid proposal, at least three references to include: name and address of client;

telephone number; the number of years BIDDER has supplied fuel needs, and the average gallons delivered per month to these references.

G. SUCCESSFUL BIDDER will extend bid pricing to all divisions /departments of the AUTHORITY.

ORDERING

A. AUTHORITY shall issue a new purchase order number for each order to the SUCCESSFUL BIDDER.

SUCCESSFUL BIDDER shall not accept nor ship any order for goods or services to AUTHORITY until an authorized purchase order has been submitted to SUCCESSFUL BIDDER by the AUTHORITY.

Payment cannot be made if there is not a Purchase Order for the goods and services provided to the

AUTHORITY.

SUCCESSFUL BIDDER shall be responsible for all freight charges to delivery location. Primary delivery location is 6500 W. Singleton Boulevard; Dallas, Texas 75212. SUCCESSFUL BIDDER shall allow other AUTHORITY locations to take advantage of this bid if they so desire. A list of other AUTHORITY locations is listed here.

Delivery location will be specified at the time the order is placed.

Central Regional Wastewater System (CRWS)

Collection Systems Group (CSG)

6500 W Singleton Blvd., Dallas, Texas 75212

Denton Creek Regional Wastewater System

(DCRWS)

1687 N. Hwy. 377

Roanoke, Texas 76262

Mountain Creek Regional Wastewater System (MCRWS)

1717 Auger Road

Midlothian, Texas 76065

Red Oak Regional Wastewater System (ROCRWS)

908 Bells Chapel Road

Waxahachie, Texas 75165

Ten Mile Regional Wastewater System (TMCRWS)

1430 Malloy Bridge Circle

Ferris, Texas 75125

Tarrant County Water Supply System (TCWSP)

11201 Trinity Blvd.

Euless, Texas 76040

B. The average delivery of gasoline is 1,500 gallons and average delivery of diesel is 1,800 gallons per order.

C. Deliveries are to be made within two working days of the time the request for delivery is made. For the purpose of delivery, working days are 7:00 a.m. through 3:00 p.m., Monday through Friday, excluding AUTHORITY holidays.

AUTHORITY will provide a purchase order number for each order placed.

D. If delivery is not accomplished within the time frame specified above, the AUTHORITY reserves the right to procure the product on the open market. It shall also be the AUTHORITY’s right to bill the SUCCESSFUL BIDDER the difference between the bid price and the open market price as a penalty for inability to deliver in accordance with the specified time frame.

E. All fuel deliveries shall be on a net gallon basis, temperature corrected to 60ºF. Proper measurement must be verified by tank truck bill of lading.

F. A delivery ticket must accompany each fuel shipment and the delivery ticket shall include a terminal fill receipt with gallons shown.

G. Deliveries shall be invoiced separately. Invoices shall have the purchase order number shown and shall be accompanied by the Electronic Transmittal Verification sheet for that day of delivery.

H. Spillage and Cleanup: SUCCESSFUL BIDDER shall be held responsible for all spillage which may occur during transit and unloading operations. SUCCESSFUL BIDDER agrees that fuel ordered by the AUTHORITY will remain the property of the SUCCESSFUL BIDDER until such time as the fuel is unloaded into AUTHORITY storage tanks.

The SUCCESSFUL BIDDER shall immediately report and clean up any spillage. Failure to clean up spillage shall initiate corrective action by the AUTHORITY and shall result in a back-charge to the SUCCESSFUL BIDDER of any incurred costs.

I. SUCCESSFUL BIDDER shall supply the AUTHORITY with a copy of the Safety Data Sheet (S.D.S.) for each product to be supplied under this bid.

J. The SUCCESSFUL BIDDER will be required to unload fuel in accordance with acceptable commercial standards, including providing and using all safety connections, vapor recovery lines, etc.

PAYMENT

SUCCESSFUL BIDDER shall email all invoices for payment to: accountspayable@trinityra.org (the system will only handle one invoice per email) or mailed to Trinity River Authority of Texas, PO Box 60, Arlington, TX 76018.

1.00 REQUIREMENTS FOR SUBMITTING BIDS

1.01 Only a signed, completed Bid Specification Form will be considered. Any exceptions thereto must be made in writing, notated on the Bid Specification Form, accompanied by a statement of exception on company letterhead and signed by the authorized BIDDER’s agent. Any exceptions attached or included with the bid will not be considered unless the BIDDER specifically references them on the Bid Specification Form. If the BIDDER proposes additional terms and conditions or request to include a master agreement with the Bid Specification

Form, such documents must be submitted with the response. The AUTHORITY may deem a BIDDER’s response non-compliant if the proposed terms materially alter the required performance, reduce the scope of work, or introduce provisions that are prohibited by law. If the BIDDER wants to add additional terms, those must be submitted with the Bid Specification Form, or the Bid may be deemed non-responsive.

1.02 To be considered each bid must be completed, properly identified, signed bid then scanned and uploaded to the following website: tra.procureware.com (WEBSITE). Additionally, data entry of line items or lump sum pricing onto this WEBSITE shall be required. Bid Specifications must be uploaded onto the WEBSITE before the date and time stated on the bid form. The WEBSITE will close bidding on the date and time indicated. If the

BIDDER did not complete the electronic submittal when the bid closes, the bid will not be recorded. Once the

WEBSITE has closed, bids will not be considered under any circumstances.

1.03 Bids must be submitted to the AUTHORITY on this bid form, with attachments when appropriate, on or before the date and time specified for bid opening. If this form is not used, the bid may be rejected. The bid must be typed or printed in ink. The signature must be in ink. Unsigned bids will be disqualified. The person signing the bid should show title or authority to bind his firm in a contract. Each bid should be placed in a separate envelope completely and properly identified delivered to the bid opening address. Late bids will not be considered under any circumstances.

1.04 Telegraphic or facsimile responses to any invitation for bids will not be considered.

1.05 If your firm has chosen not to bid, please indicate so on the WEBSITE.

1.06 Bids cannot be altered or amended after bid opening time. No bid can be withdrawn after opening time without approval from the AUTHORITY, based on a written acceptable reason as determined by the AUTHORITY.

2.00 PRE-BID CONFERENCES

2.01 The BIDDER understands and agrees that its bid is submitted on the basis of the specifications prepared by the

AUTHORITY. The BIDDER shall take all actions to become familiar with these specifications; BIDDERs are expected to examine the specifications and related bid documents with care and observe all their requirements.

Ambiguities, errors or omissions noted by BIDDERs should be promptly reported in writing through the

WEBSITE.

2.02 It is recommended that all prospective BIDDERs attend pre-bid conferences if scheduled. The purpose of these conferences is to clearly communicate the scope and intent of the bid and to allow the BIDDER to offer comments and/or suggestions on the specifications prior to bid opening time in the event changes are necessary.

Certain pre-bid conferences will be designated as mandatory. Failure to attend mandatory pre-bid conferences shall disqualify a BIDDER.

2.03 Registration for pre-bid conferences is provided through the WEBSITE. The pre-bid meetings are conducted in secured facilities. To attend pre-bid meetings or Bid openings, you must register a minimum of 24 hours in advance of the anticipated visit to be allowed entrance. BIDDERs must register via the WEBSITE. Upon arrival, the guard may deny entry if you are not on the admittance list. A valid government issued ID is required for admittance for each member in the party requesting access to the site without exception.

3.00 INSTRUCTIONS FOR COMPLETING BID SPECIFICATION FORM(S)

3.01 All questions regarding this bid specification prior to bid opening must be addressed to the purchasing department via the WEBSITE. BIDDERS ARE SPECIFICALLY INSTRUCTED NOT TO CONTACT AUTHORITY

PERSONNEL BETWEEN THE TIME OF BID OPENING AND BID AWARD. Notwithstanding the foregoing, requests for bid tabulations may be forwarded to the AUTHORITY’s purchasing department. Failure to strictly observe the foregoing prohibitions may result in rejection of the violating BIDDER’s bid, and, in the

AUTHORITY’s discretion, rejection of future bids submitted by the violating BIDDER.

Only questions regarding clarification of instructions or specifications will be handled verbally. If any question results in a change to the bid, the change(s) will be forwarded to all BIDDERs by way of written addendum through the WEBSITE. Any and all addendums are to be considered as part of the specifications. As such, they must be signed, dated, and attached to the specifications prior to submittal when uploading onto the WEBSITE.

Direct all questions via the WEBSITE, tra.procureware.com.

3.02 Bid must be submitted on the AUTHORITY’s Bid Specification Forms. All information must be typewritten or printed in ink.

3.03 BIDDER shall provide: full name of firm; both physical and mailing address; telephone number of the firm; type of ownership (e.g., corporation, partnership, sole proprietorship); firm’s vendor identification number assigned by the Comptroller of Public Accounts of Texas (or Federal employer’s identification number or individual’s social security number); name of the authorized agent for the firm; and the agent’s title or authority to bind the BIDDER in a contract. BIDDER shall also provide the name and telephone number of the customer representative who will represent the firm and provide necessary services to the AUTHORITY.

3.04 Failure to designate the BIDDING firm’s name and/or failure of the BIDDER’s authorized agent to manually sign each Bid Specification Form page and any addendums (if required) may disqualify the entire bid.

3.05 Signing the bid with a false statement shall void the submitted bid or any resulting contracts, and the BIDDER shall be removed from all bid lists and approved vendor lists.

3.06 The Texas Resident Bidder Certification Form must be completed by each BIDDER and submitted with the bid proposal on the WEBSITE’s appropriate section. See “EVALUATION AND ACCEPTANCE OF BIDS”.

Section 8.10.

3.07 A Historically Underutilized Business (HUB) Status Form must be completed and submitted with the bid proposal on the WEBSITE’s appropriate section by BIDDERs that qualify for that status.

3.08 AUTHORITY bids require pricing per unit as stated in the Bid Specifications and/or extensions if requested. If no unit of measure is stated in the specifications, then the BIDDER shall state prices according to the lowest unit of accepted standards within the particular industry and so note the unit designation by the unit price. If a trade discount is shown on the bid, it shall be deducted and net line extensions shown. BIDDER guarantees and warrants that product(s) offered will meet or exceed specifications identified in this invitation for bids.

All pricing shall be entered in the Procureware Procurement System using the Pricing tab. The Pricing tab in Procureware is the official pricing record and the only pricing that will be accepted for evaluation and award purposes. BIDDERs must enter unit prices on the appropriate item line within the

Procureware Pricing tab. Any pricing provided elsewhere, including on the Bid Specification Form, is for reference only and will not be considered. Unit prices shall also be noted on the corresponding item line of the Bid Specification Form; however, in the event of any discrepancy, the pricing entered in the

Procureware Pricing tab shall prevail.

3.09 All bid quotations must include all the various features needed to satisfy the performance and/or material specifications. No amounts will be paid for the items bid in excess of the amounts quoted.

3.10 Quote Delivered at Place Unloaded (DPU). If otherwise, quote the exact cost to deliver to the AUTHORITY’s designated location.

3.11 Purchases made for AUTHORITY use are exempt from State of Texas Sales Tax and Federal Excise Tax. Do not include tax in bid price quotation. A tax exemption certificate will be furnished upon request. If materials are subject to a tariff, the line items need to be identified with the current tariff rate and accompanied with a documentation from the U.S. Customs and Border Protection.

3.12 All prices quoted shall comply with all Federal and State laws and municipal ordinances.

3.13 Any and all guarantees and warranties shall be fully stated by the BIDDER on the Bid Specification Form or attached with the bid proposal.

3.14 All items bid shall be new, including containers suitable for shipment and storage, unless otherwise indicated in the specifications.

3.15 Except where specifically noted, brand names and/or descriptions used in these specifications are to acquaint

BIDDERs with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated. Any catalog, brand name, or the manufacturer’s reference used in the Bid Specification is descriptive only (not restrictive) and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless otherwise noted in the specification. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the BIDDER on the Bid Specification Form and must be included in the Bid Submission. If bidding on other than referenced specifications, the bid must indicated on the Bid Specification; manufacturer, manufacturer’s part number, brand or trade name, and other description of product offered. Vendor literature

WILL NOT suffice in explaining exceptions to these specifications. If other than brand(s) specified is offered, illustrations and complete description of product offered; are requested to be made part of the bid.

It is the responsibility of the BIDDER to document and/or demonstrate the equivalency of the goods and services offered. The AUTHORITY reserves the right to determine whether a substitute offered is equivalent to and meets the standards of the item specified, and the AUTHORITY may require the BIDDER to supply additional descriptive material. The BIDDER guarantees that the product offered will meet or exceed specifications identified in this bid specification.

3.16 Any terms and conditions attached to a bid will not be considered unless the BIDDER specifically references them on the Bid Specification Form, and the terms are included in the Bid response. Such terms and conditions may result in disqualification of the bid (bids with the laws of a state other than Texas, requirements for prepayment, limitations on remedies, materially alter the required performance, etc.).

3.17 Bid prices, once accepted by the AUTHORITY shall be firm for the entire stated Contract period, unless otherwise noted by the BIDDER and accepted by the AUTHORITY. Bids subject to unlimited price increases will not be considered.

3.18 Unless specifically stated in the Bid Specification, the quantities shown on the form are estimates based on projected use or past use. It is specifically understood and agreed that these quantities are approximate, and any increased quantities will be paid at the SUCCESSFUL BIDDER’s quoted unit price. It is further understood that the SUCCESSFUL BIDDER shall not have any claim against the AUTHORITY for orders less than the estimated amount during the bid term.

4.00 INSURANCE REQUIREMENTS

4.01 The SUCCESSFUL BIDDER shall, at its own expense, purchase, maintain and keep in force during the term of this Contract such insurance as set forth below. SUCCESSFUL BIDDER shall not commence work under this

Contract until he has obtained all the insurance required under the Contract and such insurance has been approved by the AUTHORITY, nor shall the SUCCESSFUL BIDDER allow any subcontractor to commence work on his subcontract until all similar insurance of the subcontractor has been obtained and approved. SUCCESSFUL

BIDDER shall be required to furnish the AUTHORITY within 10 days of notification of award certified copies of all insurance certificates showing coverage for all requirements as stated below to be in force throughout the term of the Contract.

4.02 SUCCESSFUL BIDDER shall carry said insurance with a company authorized to do business in the state of

Texas and with an A.M. Best rating of A:VII or better naming the Trinity River Authority as additional insured on all applicable policies except Workers’ Compensation so as to protect AUTHORITY against any and all claims for damages to persons or property as a result of or arising out of the performance of this Contract.

4.03 Insurance policies shall bear an endorsement to the effect that no cancellation will be effective without first giving thirty days written notice to the AUTHORITY, 10-days for non-payment of premium, material change, or any other cause. In the event the SUCCESSFUL BIDDER shall allow said insurance coverage to lapse during the term of the bid then the bid shall automatically be cancelled and terminated.

4.04 SUCCESSFUL BIDDER agrees to indemnify and defend the AUTHORITY against any and all claims for injuries, damages, costs, and expense to persons or property that may rise out of or be occasioned by the performance of this bid by the SUCCESSFUL BIDDER. All applicable policies shall bear an endorsement to the effect that waives subrogation for loss or damage so that insurers have no right of recovery or subrogation against the AUTHORITY, it being the intention that the required insurance policies shall protect all parties to the

Contract and be primary coverage for all losses covered by the policies.

4.05 All copies of Certificates of Insurance on an Acord form shall list the AUTHORITY as certificate holder and reference this bid name/number for which the insurance is being supplied evidencing the required coverages to:

Trinity River Authority of Texas

Attention: Risk Management

P.O. Box 60

Arlington, TX 76004-0060

TRARisk@trinityra.org

4.06 All insurance policies provided under this Contract shall be written on an “occurrence” basis. The policy limits stated below are at a minimum.

Liability Insurance

Commercial General Liability $1,000,000 Per Occurrence/

(No standard coverages are to $2,000,000 Aggregate mailto:TRARisk@trinityra.org be excluded by endorsement. XCU and contractual liability are not to be excluded)

Pollution Liability Insurance $2,000,000 Per Claim and Aggregate

May be included on General Liability

Policy or written separately subject to approval by the AUTHORITY

Automobile Liability Insurance

Commercial Auto Liability Policy $1,000,000 Combined Single Limit (Any Auto, including hired, and non-owned autos)

Umbrella Liability

(Following Form and Drop Down $2,000,000 Each Occurrence Provisions Included)

Workers Compensation Insurance

Workers’ Compensation Statutory Limit

Employer’s Liability $1,000,000 Each Occurrence

$1,000,000 Disease - Each Employee

$1,000,000 Disease – Policy Limit

5.00 ADDITIONAL REQUIREMENTS

5.01 Samples, when requested, must be furnished free of charge to the AUTHORITY and will not be returned. Each sample should be marked with the BIDDER’s name, address, and specification number. Do not enclose samples with the bid proposal, unless otherwise indicated in the specifications.

5.02 BIDDERs must submit a Safety Data Sheet (SDS) with the bid proposal for any chemical quoted.

6.00 DELIVERY REQUIREMENTS

6.01 Delivery shall be made to the Trinity River Authority facility, address noted on the coversheet, unless otherwise stated in the Bid Specifications.

6.02 The perfect tender rule of the Uniform Commercial Code applies to this Contract. Specifically, Subchapter F, 2.601, et, seq., of the Texas Business and Commerce Code Title 1, Chapter 2, subchapter F is made a part of this

Contract for all purposes. If the product or goods delivered do not meet requirements, consignor may be required to remove the material or goods from the premises of the AUTHORITY at consignor’s expense, unless a price adjustment is agreed upon by the consignor and the AUTHORITY.

6.03 The bid proposal shall indicate the number of calendar days required to deliver non-emergency material to the

AUTHORITY’s designated location under normal conditions. Failure to state delivery time obligates the

SUCCESSFUL BIDDER to complete all deliveries within 14 calendar days after receipt of an order unless otherwise specified in Bid Specifications. Delivery time will be a consideration in the award. Unrealistically short or long delivery may cause a bid to be disregarded. Consistent failure to meet delivery deadlines may result in the SUCCESSFUL BIDDER’s removal from future bid lists and termination of an awarded bid.

6.04 If delay is foreseen, SUCCESSFUL BIDDER shall give written notice to the AUTHORITY’s Purchasing Agent.

The AUTHORITY has the right to extend the delivery date in its discretion. SUCCESSFUL BIDDER must keep the Purchasing Agent updated concerning the status of all orders. Default in promised delivery or failure to meet specifications authorizes the AUTHORITY to purchase supplies elsewhere and charge the full increase, if any, in cost and handling to the defaulting BID vendor.

6.05 No substitutions or cancellations are permitted without prior written approval by the Purchasing Agent.

6.06 Delivery shall be made between 7:00 a.m. and 3:00 p.m. Monday through Friday excluding AUTHORITY holidays, unless specifically stated in the Bid Specifications or prior approval for late delivery has been obtained from the AUTHORITY.

6.07 It shall be stated by the AUTHORITY in the Bid Specifications the conditions for an emergency delivery. If an emergency delivery is required and no time is specified, it shall be assumed that an emergency delivery shall be made within 24 hours after receipt of verbal order.

6.08 Non-requested, broken, or faulty items delivered by the SUCCESSFUL BIDDER shall be returned, at no cost to the AUTHORITY, within 14 days of receipt by the AUTHORITY.

6.09 All packing lists, bills of lading, and correspondence with the AUTHORITY must state the AUTHORITY’s purchase order number.

7.00 SPECIAL CONDITIONS

7.01 SUCCESSFUL BIDDER shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by a patent or copyright by suitable legal agreement with the patentee, licensee, or owner. The AUTHORITY shall not be responsible for any such royalty or license fees. The

SUCCESSFUL BIDDER shall indemnify the AUTHORITY and defend all suits or claims for the infringement of any patent or copyright rights and shall save the AUTHORITY harmless from any loss on account thereof.

7.02 SUCCESSFUL BIDDER hereby assigns to the AUTHORITY any and all claims for overcharges associated with this Contract that arise under the antitrust laws of the United States or the State of Texas.

7.03 No right or interest in this Contract shall be assigned or delegation of any obligation made by the SUCCESSFUL

BIDDER without the written permission of the AUTHORITY; however, SUCCESSFUL BIDDER may assign this Contract without prior consent in connection with a merger, acquisition, or sale of substantially all of its assets, provided that the assignee assumes all rights and obligations under this Contract. Any attempted assignment or delegation by the SUCCESSFUL BIDDER shall be void for all purposes unless made in conformity with this paragraph.

8.00 EVALUATION AND ACCEPTANCE OF BIDS

8.01 All information provided by the BIDDER shall be used by AUTHORITY management in its recommendation to the Board of Directors of best and most economical bid, which might not necessarily be the lowest bid price(s).

Prices are firm and not subject to escalation unless otherwise specified in the Bid Specification.

8.02 Award of bid, if it is awarded, shall be to that responsible BIDDER whose bid, conforming to the Bid

Specifications, will be most advantageous to the AUTHORITY, price and other factors considered. Other factors may include but are not limited to: delivery; efficiency; quality; experience; service record; service facilities; business classification; and adaptability of equipment or services to the needs of the AUTHORITY.

8.03 The AUTHORITY reserves the right to accept or reject all or any part of any bid, waive minor technicalities or deficiencies, and award the bid to best serve the interests of the AUTHORITY.

8.04 The AUTHORITY is eligible to participate in the purchasing programs of the State of Texas General Services

Commission under the Texas Local Government Code. The AUTHORITY may compare the bids with comparable item(s) in the State of Texas Cooperative Purchasing Program (Cooperative) and reserves the right to reject all bids and purchase the bid item(s) directly from the Cooperative’s designated contract vendor if this action best serves the AUTHORITY’s interests.

8.05 Bids shall be evaluated as a whole, by group of items, or on an item-by-item basis, whichever is deemed to be in the best interest of the AUTHORITY.

8.06 In case of errors in extension, the unit price will be used to calculate the extended price.

8.07 Any bid with more than a 30% error rate in unit and/or extension quotes may be considered as “nonresponsive”.

8.08 Any items designated as “no bid” by a BIDDER shall have the highest bid price received for that item substituted for the purpose of fair evaluation of the total bid.

8.09 Any bid with “no bid” on over 5% of the items specified may be classified as “non-responsive”.

8.10 In evaluating a bid of a nonresident bidder, an amount, equal to the amount a Texas Resident Bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident bidder’s principal place of business is located, will be added. The amount added is for evaluation purposes only and under no condition shall an amount in excess of the bid be awarded. A nonresident bidder is a business whose principal place of business isn’t in Texas, including contractors whose parent company or majority owner isn’t based in the state, as defined by Texas Government Code §2252.001.

8.11 Authorized AUTHORITY personnel shall have access to any BIDDER’s place of business for the purpose of inspecting merchandise both before and after award of the bid contract. Tests shall be performed on samples submitted with the bid or samples taken off regular shipments. In the event products tested fail to meet or exceed all conditions and requirements of the specification, the cost of the sample used and the cost of testing shall be borne by the BIDDER. Any tests that are requested as part of the bid specifications shall be at the BIDDER’s expense.

8.12 In case of tie bids, a drawing will be held with a representative from each respective firm present.

8.13 The AUTHORITY reserves the right, after evaluation of all bids received, to make no recommendation to its

Board of Directors regarding the award of any bid in the event non-responsive, non-conforming or otherwise unacceptable bids are received, or if budgetary constraints or other unanticipated factors exist.

8.14 Bids shall be officially awarded by the AUTHORITY’s Board of Directors at the meeting designated on the Bid

Specification, or, in certain cases as authorized by the Board of Directors, by the AUTHORITY’s General

Manager. This award does not authorize shipment. A written Purchase Order authorizing shipment will be furnished to the SUCCESSFUL BIDDER.

8.15 The SUCCESSFUL BIDDER shall be notified by email.

8.16 The AUTHORITY may dissolve this bid, once accepted, or discontinue work performed by informing the

SUCCESSFUL BIDDER upon written 60 days’ notice prior to cancellation.

8.17 Neither SUCCESSFUL BIDDER nor AUTHORITY shall be liable to the other for any delay in or failure of performance of any requirement included in any contract resulting from this bid caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance only until after the causes of delay or failure have been removed, provided that the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Matters of the SUCCESSFUL BIDDER’s finances or costs of supplies to the

SUCCESSFUL BIDDER shall not constitute a force majeure. Each party must inform the other in writing, with proof of receipt, within 48 hours of the existence of such force majeure, or otherwise such non-performing party waives this right as a defense to a claim of breach of contract.

9.00 PAYMENT

9.01 The AUTHORITY shall pay from invoice only, not from statements. Invoices should be submitted within 10 calendar days after receipt by the AUTHORITY of the goods or services.

9.02 The AUTHORITY shall issue a different purchase order number for each order. The SUCCESSFUL BIDDER must submit three (3) copies of an itemized invoice for each purchase order after each delivery.

All invoices shall include the following information: invoice number; purchase order number; company name;

address; city; state; zip code; telephone number; quantity shipped; part number; item description; unit costs;

extended line costs; discount or discount rate to be deducted; total cost; date of order; name of AUTHORITY person that placed the order; and any freight and/or demurrage costs.

9.03 The AUTHORITY shall make payment within 30 days upon receipt of invoice, or goods or services, whichever is later.

9.04 All payments relative to this bid contract will be made only to the firm designated on the Bid Specification

Form, not to the firm’s customer representative, if different.

10.00 BIDDER AFFIRMATION

10.01 By signing this bid, a BIDDER affirms that they have not given, offered to give, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any agent of the AUTHORITY in connection with the submitted bid.

11.00 TARIFFS

The AUTHORITY may authorize payment to Contractors for verifiable tariff claims and directly related

Contractor costs for legally required performance and payment bonds and contractually required insurance cost increases, provided it meets the requirements needed for an adjustment. No Contractor overhead charges claimed to be affected by tariffs will be allowable. In order for a Contractor to be reimbursed for tariff costs, it must submit to the AUTHORITY documentation specifically detailing the specific tariff costs imposed. Invoices with a general tariff markup will not be accepted.

11.01 TARIFFS, DUTIES, AND SURCHARGES

All prices submitted in response to this Request for Bid shall be firm and fixed and shall include all applicable tariffs, customs duties, import fees, fuel surcharges, or similar charges in effect on the bid due date. No additional government or tariff-related charges shall be permitted during the term of the Contract unless expressly authorized by the AUTHORITY through a written contract amendment executed in accordance with Texas law.

11.02 TARIFF ADJUSTMENTS

No price increases due to tariffs or governmental surcharges shall be allowed unless: the tariff or surcharge is imposed by a governmental authority after the bid opening date; the tariff or surcharge directly affects the cost of the goods being provided; and the Contractor provides notice of the tariff as soon as practicable. The Contractor shall provide documented proof of the actual increased cost. Any adjustment to the Contract price must be approved in writing by the governmental entity through a formal contract amendment. Under no circumstances shall tariff-related adjustments result in a material change that would have affected the outcome of the competitive sealed bidding process.

BIDDERs must clearly identify in their bid pricing any tariffs or surcharges included in the bid price. Failure to disclose such costs shall be deemed acceptance of all associated costs without additional compensation.

BIDDER acknowledges above requirement: ____________________________________________

12.00 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

12.01 The AUTHORITY’s goal is to increase usage of HUBs in the following areas: Construction, Supplies, Professional Services, Other Services and Investments. A HUB is defined under Texas Government Code

Chapter 2161.

If the Contract goal is not met, evidence of good faith efforts must be presented by the contracting firm or supplier.

It is the intent of the AUTHORITY to involve HUBs in all phases of its procurement practices and provide them equal opportunity to compete for contracts and bids required by the AUTHORITY.

12.02 The notarized HUB Status Form must be submitted with the bid proposal, if applicable.

Failure to submit HUB documentation as required will result in the bid being considered non-HUB, and evaluated as such.

13.00 AUTHORIZATION, ACCEPTANCE, AND ACKNOWLEDGMENT

By signing and submitting this Solicitation, the undersigned certifies, represents, and warrants that:

13.01 The undersigned has read, reviewed, and understands this Solicitation, including all specifications, requirements, addenda, terms, and conditions applicable to this procurement.

13.02 The BIDDER’s submission is made in response to and in compliance with the requirements of this Solicitation.

13.03 The undersigned is duly authorized to act on behalf of and legally bind the BIDDER and has full authority to enter into agreements and contractual obligations on behalf of the BIDDER.

13.04 If awarded, the BIDDER agrees to comply with and be bound by all terms, conditions, specifications, and requirements contained in this Solicitation and any resulting contract or purchase order issued by the

AUTHORITY.

13.05 The BIDDER acknowledges that execution and submission of this document constitutes the BIDDER’s acceptance of the AUTHORITY’s terms and conditions as set forth in this Solicitation, except for any exceptions expressly identified by the BIDDER and accepted in writing by the AUTHORITY.

The signature below constitutes the BIDDER’s acknowledgment, acceptance, and agreement to the foregoing certifications and to the terms and conditions of this Solicitation.

BIDDING FIRM:___________________________ SIGNATURE: ___________________________________