TRINITY RIVER AUTHORITY OF TEXAS BIDDING INSTRUCTIONS

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1 TRINITY RIVER AUTHORITY OF TEXAS BIDDING INSTRUCTIONS Items below apply to and become a part of terms and conditions of bid. Any exceptions thereto must be in writing REQUIREMENTS FOR SUBMITTING BIDS 1.01 Bids must be submitted on the Trinity River Authority (AUTHORITY) Bid Specification Forms. Each bid is to be scanned then uploaded on this website (WEBSITE), completely properly identified and signed. Additionally, line item pricing may be required to be keyed in onto this WEBSITE Bid proposals must be uploaded onto the WEBSITE no later than the date and time stated on the bid form Bids will not be accessible for submittal to the WEBSITE after the bid closing time. Late bids will not be considered under any circumstance Telegraphic or facsimile responses to any invitation for bids will not be considered If your firm has chosen not to bid, please indicate so on the WEBSITE 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 No bid can be withdrawn after opening time without approval from the AUTHORITY, based on a written acceptable reason as determined by the AUTHORITY A deposit may be requested by the AUTHORITY of BIDDERS for Bid Specifications. Deposits shall be refunded upon the return of Bid Specifications in good condition within 30 days of bid opening PRE-BID CONFERENCES It is recommended that all prospective BIDDERS attend scheduled pre-bid conferences. 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 a mandatory pre-bid shall disqualify a BIDDER INSTRUCTIONS FOR COMPLETING BID SPECIFICATION FORM(S) 3.01 Questions requiring only 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. Any and all addendums are to be considered as a part of the specifications. As such, they must be signed, dated, and attached to the specifications prior to submittal when Page 1 of 8

2 uploading onto the website. Direct all questions via the WEBSITE Bids cannot be altered or amended after opening time. Alterations may be made up to opening time; through the WEBSITE, original scanned bid should be deleted and replaced with the corrected document Bid must be submitted on the AUTHORITY S Bid Specification Forms. All information must be typewritten or printed in ink BIDDER shall provide: full name of firm; both physical and mailing address; telephone number of 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 firm 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 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 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 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 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. See Section for definition 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. Unit prices shall be noted on the appropriate item line on the Bid Specification Form. Quote unit price, show extended price on quantity (if noted), and show page sub-total and bid grand total 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 Quote F.O.B. destination. If otherwise, quote exact cost to deliver to the AUTHORITY S Page 2 of 8

3 designated location 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 All prices quoted shall comply with all Federal and State laws and municipal ordinances Any and all guarantees and warranties shall be fully stated by the BIDDER on the Bid Specification Form or attached with the bid proposal All items bid shall be new, in first-class condition, including containers suitable for shipment and storage, unless otherwise indicated in the specifications Any catalog, brand name, or manufacturer's reference used in the Bid Specifications 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 specifications. If bidding on other than reference specifications, BIDDERS are to indicate in the Bid Specifications; manufacturer, manufacturer's part number, brand or trade name, and other description of product offered. If other than brand(s) specified is offered, illustrations and complete description of product offered; are requested to be made part of the bid. If BIDDER takes no exception to specification or reference data in the bid, BIDDER will be required to furnish brand names, number, etc., as specified in the Bid Specifications Any terms and conditions attached to a bid will not be considered unless the BIDDER specifically references them on the Bid Specification Form. WARNING: 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, etc.) Bid prices, once accepted by the AUTHORITY at the designated Board of Directors meeting, 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 Unless specifically stated in the Bid Specifications, 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. Page 3 of 8

4 4.00 ADDITIONAL REQUIREMENTS 4.01 BIDDER must provide two copies of illustrative literature or pamphlets on the product(s) offered Samples, when requested, must be furnished free of charge to the AUTHORITY and will not be returned. Each sample should be marked with BIDDER S name, address, and specification number. Do not enclose samples with the bid proposal, unless otherwise indicated in the specifications BIDDERS must submit a Material Safety Data Sheet with the bid proposal for any chemical quoted DELIVERY REQUIREMENTS 5.01 Delivery shall be made to the Trinity River Authority Central Regional Wastewater System facility, located at 6500 West Singleton Blvd., Dallas, Texas, unless otherwise stated in the Bid Specifications The perfect tender rule of the Uniform Commercial Code applies to this agreement. 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 agreement 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 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 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 promises without valid reason may result in the SUCCESSFUL BIDDER'S removal from future bid lists and termination of the contract If delay is foreseen, SUCCESSFUL BIDDER shall give written notice to the Purchasing Agent of the Central Regional Wastewater System. The AUTHORITY has the right to extend the delivery date if the reasons appear valid. 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 No substitutions or cancellations are permitted without prior written approval by the Bid Contract Coordinator of the Central Regional Wastewater System 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. Page 4 of 8

5 5.07 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 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 All packing lists, bills of lading, and correspondence with the AUTHORITY must state the AUTHORITY'S purchase order number SPECIAL CONDITIONS 6.01 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 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 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. Any attempted assignment or delegation by the SUCCESSFUL BIDDER shall be void for all purposes unless made in conformity with this paragraph EVALUATION AND ACCEPTANCE OF BIDS 7.01 All information provided by the BIDDER shall be used by AUTHORITY management in its recommendation to the Board of Directors of the lowest and best bid Award of bid, if it be 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 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 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 Page 5 of 8

6 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 Bids shall be evaluated in whole, by group of items, or on an item-by-item basis, whichever is deemed to be in the best interest of the AUTHORITY In case of errors in extension, the unit price will be used to calculate an accurate extended price Any bid with more than a 30% error rate in unit and/or extension quotes may be considered as nonresponsive 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 Any bid with "no bid" on over 5% of the items specified may be classified as non-responsive 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. See Section 3.07 for definition of nonresident bidder 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 In case of tie bids, a drawing will be held with a representative from each respective firm present 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 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 The SUCCESSFUL BIDDER shall be notified by mail. Page 6 of 8

7 7.16 Either party may dissolve this bid, once accepted, by informing the other party upon written 60 days notice prior to cancellation 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 forty-eight 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 PAYMENT 8.01 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 The AUTHORITY shall issue a different purchase order number for each order. The SUCCESSFUL BIDDER must submit 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 The AUTHORITY shall make payment within 30 days upon receipt of invoice, or goods or services, whichever is later 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 BIDDER AFFIRMATION 9.01 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. Page 7 of 8

8 10.00 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) The AUTHORITY S goal is to achieve at least 25% usage of Historically Underutilized Businesses in the following areas: Construction, Supplies, Professional Services, Other Services and Investments. 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 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 Definition of HUB Historically underutilized business means: (a) (b) (c) (d) (e) A corporation formed for the purpose of making a profit in which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more persons who are socially disadvantaged because of their identification as members of certain groups, including Black Americans, Hispanic Americans, women, Asian Pacific Americans, and Native Americans, who have suffered the effects of discriminatory practices or similar insidious circumstances over which they have no control; A sole proprietorship created for the purpose of making a profit that is 100% owned, operated, and controlled by a person described by Paragraph (a) of this subdivision; A partnership formed for the purpose of making a profit in which at least 51% of the assets and interest in the partnership is owned by one or more persons described by Paragraph (a) of this subdivision. Those persons must have a proportionate interest in the control, operation, and management of the partnership affairs; A joint venture in which each entity in the joint venture is a historically underutilized business under this subdivision; or A supplier contract between a historically underutilized business under this subdivision and a prime contractor under which the historically underutilized business is directly involved in the manufacture or distribution of the supplies or materials or otherwise warehouses and ships the supplies. Page 8 of 8

9 ATTACHMENT A TRINITY RIVER AUTHORITY OF TEXAS NORTHERN REGION FACILITY LOCATIONS CENTRAL REGIONAL WASTEWATER SYSTEM 6500 West Singleton Boulevard Dallas, Texas No Charge for Deliveries made at this Location TEN MILE CREEK REGIONAL WASTEWATER SYSTEM Malloy Bridge Road Ferris, Texas Additional Delivery Charge: TARRANT COUNTY WATER SUPPLY PROJECT Trinity Blvd Euless, Texas Additional Delivery Charge: RED OAK CREEK REGIONAL WASTEWATER SYSTEM 908 Bells Chapel Road Waxahachie, Texas Additional Delivery Charge: DENTON CREEK REGIONAL WASTEWATER SYSTEM 1687 N. Hwy 377 Roanoke, Texas Additional Delivery Charge:

10 TRINITY RIVER AUTHORITY OF TEXAS HUB STATUS FIRM'S NAME is certified as a HUB. A person commits a criminal offense if the person intentionally applies as an historically underutilized business for an award of a purchasing contract or public works contract and the person knowingly does not meet the definition of an historically underutilized business in the Texas Government Code. Please state how your firm qualifies: A copy of the certification from is attached. AUTHORIZED AGENT'S SIGNATURE DATE Subscribed and sworn to before me by the above named on this the day of, 19. Notary Public in and for County, for the State of.

11 TRINITY RIVER AUTHORITY OF TEXAS RESIDENT BIDDER CERTIFICATION Pursuant to Texas Government Code Chapter 2252, Subchapter A (Nonresident Bidders), the Trinity River Authority requires a residence certification in connection with bids. The Government Code defines a resident bidder as a person [or company] whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. TEX. GOV T CODE (4). It likewise defines a nonresident bidder as a person [or company] who is not a resident. TEX. GOV T CODE (3). Please complete the appropriate portion of the following certification. I certify that is a Resident Bidder of Texas as defined in [Company Name] the Texas Government Code. FIRM S AUTHORIZED AGENT TITLE AUTHORIZED AGENT S SIGNATURE DATE I certify that is a Nonresident Bidder as defined in [Company Name] the Texas Government Code and our principal place of business is. [City and State] FIRM S AUTHORIZED AGENT TITLE AUTHORIZED AGENT S SIGNATURE DATE