Butterfly Valves

Tarrant Regional Water District is seeking proposals for Butterfly Valves. Proposals are to be submitted through the Procurement Portal at https://procurement.opengov.com/portal/trwd

Proposals are due no later than 2:00 pm on Tuesday, May 5, 2026. 

Project Details

• Reference ID: 26-098
• Department: Operations- Pipeline
• Department Head: Boyd Miller (Operations Director)

Important Dates

• Questions Due: 2026-04-28T22:00:00.000Z

Addenda

• Addendum #1 (released 2026-04-21T15:30:31.752Z) —

  Adding Valmatic Valve to the list of approved manufacturers. 

  Please use the See What Changed link to view all the changes made by this addendum.

Evaluation Criteria

• GOVERNING LAW AND VENUE —

  This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceeding lies exclusively in Tarrant County, Texas.

• Scope of Work —

  Project Description:
  The District is seeking bids for the purchase and delivery of various sizes of AWWA Valves. This is a commodity purchase only, and the District will be responsible for the installation of the valves.

   

  Delivery Location:

  TRWD Fort Worth Receiving Warehouse
  600 E. Northside Drive
  Fort Worth, TX 76164

   

  Packaging and Delivery Method:
  The valves should be securely packaged to prevent any damage during transit. Please provide a description of the proposed packaging method, including any protective wrapping, crate dimensions, or other relevant packaging details. Additionally, specify the delivery method and timeline to ensure timely and safe arrival of the goods.

   

  Valves Needed

  The following quantities and specifications are required:

  • Butterfly Valves:
    • Qty 20 – 8in Butterfly Valve Class 150 Flange with Gear and 2in Operator Nut 250 Rated AWWA
       

  General Specifications for All Valves:

  • All valves are 150 class, with flanges drilled on 150 class hole spacing.
  • Fusion-bonded epoxy (FBE) coating is acceptable; no alternative coatings are required.
  • Gear operators shall be factory-installed.
  • The valves must be capable of handling a maximum operating pressure of 200 psi and a temperature range of 100-120 degrees F.

  Please include the following details with your bid:

  1. Source of Valves: Provide the manufacturer and location where the valves will be sourced from.
  2. Drawings or Pictures: Include relevant drawings, diagrams, or images of the proposed valves for review.
      

  Estimated Quantities and Adjustments

  Please note that the quantities listed are based on the best available data and serve as a guide only. The District reserves the right to adjust the quantities according to actual needs, and the final purchase may not meet or exceed the estimated quantities.

   

  Acceptable Manufacturers

  Bids will be considered from the following manufacturers:

  • Blackhall Engineering, Ltd.
  • Clow Valve (McWane Plant & Industrial/MPI)
  • J&S Valve, Inc.
  • Kennedy Valve (MPI)
  • Valmatic Valve

   

  Submission Requirements

  Bidders must submit the following with their bid:

  • Detailed product specifications and compliance with the required standards.
  • Lead time for delivery and any applicable shipping or handling charges.
  • Warranty information, if applicable.
  • Proof of compliance with the acceptable manufacturers list.
• OFFICIAL BID DOCUMENTS —

  Official Documents are available through the procurement portal at the following website:

  https://procurement.opengov.com/portal/trwd

  Prospective offerors must register with the Procurement Website as a plan holder, even if bidding documents are obtained from a plan room or other site. All official notifications, addenda and other documents will be offered only through the Procurement Website

  Proposal forms obtained from any source other than the District may be incomplete and bidders risk not receiving necessary addenda, or other required documents causing the bid to be considered non-responsive, and eliminating the proposal from award. The District will not be responsible for the completeness, accuracy, or timeliness of the final bid documents obtained from other sources.

• INTERPRETATION OF THE BIDDING DOCUMENTS —
  1. Questions are to be submitted using the Question and Answer process through the Procurement Portal at https://procurement.opengov.com/portal/trwd. Response to questions posted on the Procurement Portal will be posted in the portal by the District for the benefit of all bidders. Questions are to be submitted by 5:00 pm on Tuesday, April 28, 2026. 
  2. Review the following guidelines for asking questions on the Procurement Website before posting questions:
     1. Read the previously posted questions before posting a similar question to avoid duplication
     2. Post only one question per entry. Multiple part questions cannot be answered until all responses have been prepared.  A response to multiple part questions will be to request bidder to resubmit questions individually
     3. Provide adequate information to allow a response to be made. i.e. reference specific sections, provide a brief background to set the stage for your question, etc
     4. Do not use this as a forum to request approval of an alternate product.  Follow the provision of the bidding documents for this process
     5. Ask questions early.  The deadline for questions will not be extended unless the date for receipt of bids is extended.  No response will be made to questions asked after the deadline
     6. Responses to questions are not part of the Contract Documents and cannot modify the Contract Documents.  An addendum must be issued to clarify, correct or change the Contract Documents, addenda or the related supplemental data.
• INDEPENDENT CONTRACTOR —

  The Vendor shall operate hereunder as an independent contractor and not as an officer, agent, or employee of District. Vendor shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants.

• ASSIGNMENT —

  This Contract may not be assigned in whole or in part by the Vendor without the previous written consent of the District, which consent may be withheld or conditioned at the District’s sole discretion.

• PRE-BID MEETING —

  This section does not apply to this project. 

• CONFLICT OF INTEREST —

  Neither the Vendor, nor any consultant, shall have other interests which conflict with the interests of District, specifically including, but not limited to, a connection with the sale or promotion of equipment or material which may be used on the project. The Vendor agrees to make a reasonable inquiry of all consultants concerning the existence of or potential for such conflicts. The Vendor shall comply with the provisions of Texas Local Government Code Chapter 176.

• RESTRICTION OF COMMUNICATION —

  All communications relating to this bid are required to go through the process addressed in Section 2 – Interpretation of the Proposal Documents.  All other communications between a bidder and District staff concerning any part of this bid are strictly prohibited.  Failure to comply with this requirement may result in the District disqualifying the bidder’s submittal.

• SEVERABILITY —

  Any provision or part of the Contract held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon District and Vendor, who agree that the Contract shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

• NON-COLLUSION —

  By submitting a bid, bidder certifies that it has not been a party to any collusion among bidders in the restraint of freedom of competition by agreement to submit a bid at a fixed price or to refrain from offering a bid.  Bidder certifies that it has not been a party to any collusion among any officials or employees of the District as to quantity, quality, or price in the prospective contract, or any other terms of the prospective contract.

• CODE OF ETHICS —
  1. It is the policy of the District that the following ethical principles govern the conduct of District employees assigned to the Purchasing Department who are involved directly or indirectly, in the District’s procurement process:
     1. 1. 1. Employees shall avoid activities that compromise or give the perception of compromising the best interests of the District
           2. Employees shall not knowingly use confidential proprietary information for actual or anticipated gain.  Employees shall keep the proprietary information of bidders confidential
           3. Employees shall avoid any activity that creates a conflict between their personal interest and the interest of the District
           4. Employees shall avoid the appearance of unethical or compromising practices in relationships, actions, and communications associated with District procurement
           5. Employees shall not solicit or accept money, loans, gifts, favors, or anything of value, from present or potential vendors that might influence or give the perception of influencing a purchasing decision.
  2. Conflict exists in any relationship where the District’s best interest may differ from the employee’s best interest or the best interest of someone associated with the employee.  If conflict of interest exists, the employee shall notify the Purchasing Manager in writing and remove him/herself from the District’s procurement process.
• MODIFICATIONS —

  This contract can be modified only by written agreement of the parties.

• REMEDIES —

  No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this contract may be waived without consent of the parties. Forbearance or indulgence by any party shall not constitute a waiver of any covenant or condition to be performed pursuant to this contract.

• REQUESTS FOR ALTERNATE PRODUCTS —

  Submit request for alternate items not in strict compliance with the bid documents no later than ten (10) days prior to bid due date.  Requests shall be submitted via email to Natalya.Saucedo@trwd.com.

• INVOICE REQUIREMENTS —
  1. Invoice must include, at a minimum, the following information:
     1. Workday Contract Number
     2. Coordinating Line Item of Contract
     3. Company Name
     4. Point of Contact Who Placed Order
     5. Date of Delivery/ Date of Service
     6. Delivery Address/ Project Location
  2. Invoice shall be submitted via email to: purchasinginvoices@trwd.com 
  3. If electronic submission of an invoice is not available invoices can be mailed to the following address: 

      

     Tarrant Regional Water District

     Purchasing Department

     600 East Northside Drive

     Fort Worth, Texas 76102

  4. No payment will be made for goods ordered or services performed without a proper order authorization.
  5. Payment shall not be made until the materials, goods, or services have been received, inspected, and accepted by the District in the quality and quantity ordered.
  6. Invoices resulting from scheduled goods or services shall be received no less than thirty (30) days apart. 
  7. When applicable, invoices shall be compiled per the purchase order number in a thirty (30) day cycle.
  8. At no time shall an invoice reflect multiple purchase order numbers. Such invoice(s) will be considered incorrect and will not be processed until corrected.
  9. The District will: 
     1. Not accept an incorrect invoice.
     2. Incur no penalty for late payment if payment is made in thirty (30) days or less from receipt of goods/services and/or a correct/accurate invoice, whichever is later in accordance with the Texas Prompt Payment Act.
     3. Dismiss invoices lacking an authorized Purchase Order number and/or Service Agreement number, as such invoice will be considered as incorrect.
• ADDENDA —

  Any changes made will be made in the form of written addendum and posted to the Procurement Website.  It is the bidder’s responsibility to obtain and review any addenda. Bidder must provide a signature as indicated in the bid form to show acknowledgement of receipt of addendum.

  Oral answers will not be authoritative, and the District will not entertain any protest based on verbal instruction.

• PAYMENT TERMS —

  All payment terms shall be Net 30, and payments shall be made on approved invoices in accordance with Texas Government Code Chapter 2251.

• BID TO REMAIN SUBJECT TO ACCEPTANCE —

  All bids will remain subject to acceptance for ninety (90) calendar days after the bid opening, but the District may, at its sole discretion, release any bid and return the bid security prior to the end of this period.

• BID SECURITY —

  This section does not apply.

• TAXES —

  The District generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any city or state sales or use taxes. Vendor assumes responsibility for including any applicable sales taxes in the bid price. Vendor affirms that the Bid Price includes all applicable sales and/or use taxes. Further, Vendor shall include on each invoice submitted hereunder (i) the amount of any applicable sales and/or use tax and (ii) a statement on said invoice verifying that the amount submitted for payment includes the stated and applicable sales and/or use tax. Vendor hereby agrees to provide the Owner copies of any audits by the State of Texas Comptroller of Vendor’s payment of sales taxes applicable to transactions under this Contract. Further, Vendor, in consideration of the rights, duties and obligations contained herein, hereby waives confidentiality of audits conducted by the State of Texas Comptroller pertaining to transactions under this Contract and authorizes the State of Texas Comptroller, upon request of the Owner, to release to the Owner copies of Vendor’s audits pertaining to transactions under this Contract. IN ADDITION TO OTHER INDEMNITIES CONTAINED HEREIN, VENDOR SHALL INDEMNIFY, RELEASE AND HOLD HARMLESS THE OWNER FROM ALL COST, LOSS OR EXPENSE ARISING FROM VENDOR’S FAILURE TO (I) INCLUDE THE SALES AND/OR USE TAXES IN THE STATED BID PRICE, (II) SEPARATELY STATE THE SALES AND/OR USE TAXES ON INVOICES, AND/OR (III) PROVIDE WRITTEN VERIFICATION ON INVOICES THAT THE SALES TAX IS INCLUDED IN THE BID PRICE.

• FUNDING —

  The District’s fiscal year starts on October 1^st and ends on September 30^th. Vendor recognizes that the continuation of any contract after the close of any given fiscal year will be subject to the District approval. Should the funding not be approved, this contract will terminate and become null and void.

• LIQUIDATED DAMAGES —

  Should the successful bidder fail to complete the project within the specified completion schedule, the sum of $xxxx per calendar day will be deducted from the monies due to the successful bidder.  This sum shall not be considered as a penalty, but rather as reasonable forecast of damages likely to actually result, since it would be impracticable or extremely difficult to fix the actual damages.  An extension of time may be allowed for delays beyond the control of the successful bidder at the discretion of the District.  Any requests for an extension to the completion time must be submitted in writing within seven (7) calendar days of the occurrence.  Request for extensions will not be unreasonably rejected.

• EXAMINATION OF CONTRACT DOCUMENTS —
  1. Use a complete set of the Contract Documents in preparing bids.  Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.
  2. Before submitting a bid:
     1. 1. 1. Examine and carefully study the Contract Documents, including any addenda and related supplemental data
           2. Become familiar with laws and regulations that may affect cost, progress or the completion of this project
           3. Promptly notify the District of all conflicts, errors, ambiguities, or discrepancies that the bidder discovers in the Contract Documents, addenda and the related supplemental data
           4. Determine that the Contract Documents, addenda and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of the project
• VENDOR TO PACKAGE GOODS —

  Vendor will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Vendor's name and address: (b) consignee's name, address and purchase order or purchase change order number; (c) container number and total number of container, e.g., box 1 of 4; and (d) number of the container bearing the packing slip. Vendor shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. District's count or weight shall be final and conclusive on shipments not accompanied by packing list.

• PLACE OF DELIVERY OR SERVICE LOCATIONS —

  The place of delivery shall be set forth in the block of the District purchase order entitled "Ship to.”

• BRAND NAME OR EQUAL —

  The material furnished under this Invitation to Bid specifications shall be quality workmanship and material.  The bidder represents that all material offered under these specifications shall be new.  Used, shopworn, demonstrator, prototype or discontinued models are not accepted.  Any reference to model and/or make/manufacturer used in the bid specifications is descriptive, not restrictive and is indicative of the type and quality the District desires to purchase.  Materials found defective or not meeting specifications shall be picked up and replaced by the successful bidder at no expense to the District.

• WAGE RATES —

  This project does not fall under the federal Davis Bacon Act.  However, Bidder must comply with all statutes, including but not limited to Texas Government Code section 2258.022, and rulings of the State of Texas Comptroller. 

• TITLE AND RISK OF LOSS —

  The title and risk of loss of goods shall not pass to the District until the District actually receives and takes possession of the goods at the point(s) of delivery, and after inspection and acceptance of goods.

• FORCE MAJEURE —

  Vendor shall not be liable for delay in delivery or performance when such delay is due to factors beyond its control, including but not limited to, explosions, governmental regulations, court orders or decrees, or acts of nature such as flood, wind, earthquake, tornado or hurricane. If the Vendor is unable to perform any of its obligations as a result of force majeure, Vendor shall immediately give written notice to the Purchasing Department of the date of inception of the force majeure condition and the extent to which it will affect performance.

• PUBLIC INFORMATION ACT —

  Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (The "Public Information Act").

• PROPRIETARY INFORMATION —

  If a bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The District will, to the extent allowed by law, protect such information from disclosure.  The final decision as to what information must be disclosed, however, lies with the Texas Attorney General.  Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request.

• RIGHT OF INSPECTION —

  District shall have the right to inspect the goods upon delivery before accepting them. Vendor shall be responsible for all charges for the return to Vendor of any goods rejected as being nonconforming under the specifications.

• BID SUBMITTAL REQUIREMENTS —
  1. At a minimum the bidder shall submit one (1) fully executed original of the following documentation:
     
     1. References Form
     2. Vendor Utilization Form
     3. Non-Collusion Affidavit
     4. Conflict of Interest Questionnaire
     5. Compliance to State Law on Nonresident Bidders
     6. Compliance to Texas Sales Tax Code
  2. Bid shall be submitted through the Procurement Portal at https://procurement.opengov.com/portal/trwd 
  3. It is the sole responsibility of the Offeror to ensure the timely delivery of the proposal.
  4. Any bid received after the required date and time will not be accepted. 
• RIGHT TO AUDIT —

  Vendor agrees that the District shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Vendor involving transactions relating to this Contract. Vendor agrees that the District shall have access, during normal working hours, to all necessary vendor facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. The District shall give Vendor reasonable advance notice of intended audits.

• WARRANTY SERVICE CLAUSE —

  Under the terms of the warranties which arise from these Contract Documents and/or by the terms of any applicable special warranties required by the Contract Documents, if any of the work in accordance with this Contract is found to not be in accordance with the requirements of the Contract Documents, the Vendor shall correct such work promptly after receipt of written notice from the District or the architect, engineer or other. This obligation shall survive acceptance of the work under the Contract and termination of the Contract. In order to facilitate a prompt response, Vendor agrees to provide for warranty service to the extent practical, from local businesses, including goods and services, when such goods and services are comparable in availability, quality and price. If Vendor fails within a reasonable time after written notice to correct defective work or to remove and replace rejected work, or if Vendor fails to perform the work in accordance with the Contract Documents, or if Vendor fails to comply with any provision in the Contract Documents, either the District or its designee may, after seven (7) days written notice to Vendor, correct and remedy any such deficiency at the Vendor’s expense.

• MODIFICATION, WITHDRAWAL OR NO BID —
  1. The Bidder may modify or withdraw a bid using a document executed in the same manner that a bid must be executed, no later than the bid due date and time. 
  2. The Bidder may withdraw its bid in writing via email to natalya.saucedo@trwd.comno later than the bid due date and time.
  3. If the Bidder chooses not to bid on the project, the District would appreciate the bidder submitting a formal “no bid” letter to the purchasing department located at 800 E. Northside Drive, Fort Worth, Texas 76102 or via email to natalya.saucedo@trwd.com.
• BID OPENING —

  All bids will be opened and monetary values will be read aloud via Microsoft Teams at 02:00PM CST on May 12, 2026.

  https://teams.microsoft.com/meet/234645708913638?p=nDZgfRG24ASqLlel6S

• OWNERSHIP OF WORK PRODUCT —

  Vendor agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Vendor for the District pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter are Work Product (the “Work Product”) and Vendor acknowledges that such Work Product may be considered “work(s) made for hire” and will be and remain the exclusive property of the District. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Vendor hereby agrees that this Contract effectively transfers, grants, conveys, and assigns exclusively to the District, all rights, title and ownership interests, including copyright, which Vendor may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and the District shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Vendor for itself and on behalf of its vendors hereby waives any property interest in such Work Product.

• EVALUATION OF BID AND AWARD OF CONTRACT —

  A. The bid award shall be based on, but not necessarily limited to, the District’s evaluation of the following factors:

  1. Unit Price
  2. Qualifications of the bidder (including safety records)
  3. Qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for portions of the work
  4. Delivery Schedule
  5. Bidder’s past performance record with the District or others;
  6. Quality of the proposed goods or services
  7. District’s past experience with products; and/or
  8. Special needs and requirements of the District

  B. The District reserves the right to reject any or all bids, including the bid of any bidder which does not meet the above criteria and/or the other terms and conditions expressed herein to the District’s satisfaction.  The District also reserves the right to waive all formalities and technicalities and to adopt the most advantageous construction of the Contract Documents or any applicable statute or code.  The Bidder may also be disqualified and their bid not considered, among other reason, for any of the following specific reasons:

  1. Reason for believing collusion exists between the bidder and other bidders;
  2. Reasonable grounds for believing that any bidder has a financial interest in more than one bid for the work contemplated
  3. The bidder being a party to or having a financial interest in any litigation against the District
  4. The bidder being in arrears on any existing contract or having defaulted on a previous contract
  5. Lack of ability to perform the contract, if awarded to the bidder, as reflected by the bidder’s financial statement, experience and equipment, references prior work history, or answer to questionnaires
  6. Uncompleted work, which in the sole judgment of the District, will prevent or hinder the prompt completion of additional work, if the contract is awarded to bidder

  C. The District may conduct investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the bidder, proposed subcontractors and other persons and organizations to do the work in accordance with the specifications to the District’s satisfaction.

  D. Discrepancies between the multiplication of units of work in a bid and unit price will be resolved in favor of the unit prices.  Discrepancies between the indicated sum of any column of figures in a bid and the correct sum thereof will be resolved in favor of the correct sum.  If units of work are not required on the bid form and only a lump sum price is required, the discrepancies between words and figures will be resolved in favor of the words.

  E. Recommendation of award will be given to the lowest responsive, responsible bidder considered to be the most advantageous and in the best interest of the District.

  F. Acceptance of a bid will be in the form of a purchase order or a contract.  The contents of this bid shall become a part of this contract.  The District will under no circumstances be responsible for goods or services provided without an acceptance signed by an authorized District representative.

• INDEMNIFICATION —

  WITHOUT LIMITING IN ANY WAY ANY OTHER RIGHTS OF THE PARTIES, VENDOR FURTHER AGREES TO THE GREATEST EXTENT PERMITTED BY LAW TO INDEMNIFY AND HOLD HARMLESS THE DISTRICT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, CONTRACTORS, SUBCONTRACTORS AND RELATED PARTIES (THE “DISTRICT INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, DAMAGES AND EXPENSE (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE SERVICES, BODILY INJURY, DEATH, OR DESTRUCTION OF TANGIBLE PROPERTY TO THE EXTENT CAUSED BY ANY ACT OR OMISSION OF VENDOR, ANY SUBCONTRACTOR, ANY SUPPLIER, OR ANY INDIVIDUAL OR ENTITY DIRECTLY OR INDIRECTLY EMPLOYED OR RETAINED BY ANY OF THEM, OR ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE, REGARDLESS OF WHETHER SUCH CLAIM, COST, LOSS, DAMAGE OR EXPENSE IS ALLEGED TO BE CAUSED IN PART BY A DISTRICT INDEMNIFIED PARTY HEREUNDER, SUBJECT TO THE DISTRICT’S DEFENSES AND LIABILITY LIMITS UNDER THE TEXAS TORT CLAIMS ACT. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE VENDOR TO INDEMNIFY A DISTRICT INDEMNIFIED PARTY AGAINST A CLAIM, COST, LOSS, DAMAGE OR EXPENSE CAUSED BY THE (I) NEGLIGENCE OR FAULT, (II) BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD OR RULE, OR (III) THE BREACH OF CONTRACT BY A DISTRICT INDEMNIFIED PARTY. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, VENDOR INDEMNIFIES EACH OF THE DISTRICT INDEMNIFIED PARTIES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE VENDOR, ITS AGENTS OR SUBCONTRACTORS OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF A DISTRICT INDEMNIFIED PARTY.

• POST BID DOCUMENTS REQUIRED FROM SUCCESSFUL BIDDER —

  This section does not apply.

• CONTRACT TERM —

  This Contract, if a contract is awarded, shall be for a period of TBD. The District shall have the option to renew for up to four (4) additional one (1) year periods.

  Prices bid must be valid for the first full year of the contract and any request for price adjustment for the subsequent years must be received in writing by the District’s Purchasing Department no less than ninety (90) days prior to the commencement of each period.  The amount of any price adjustment requested, as well as the District’s experience with the Vendor’s service for the year ending, will be used in the District’s determination as to whether or not any price adjustment will be authorized.  Failure of the District and Vendor to agree to any such price adjustments shall result in termination of the Contract as of the last day of the current contract year.  Any such termination shall be without penalty to the District.  Work in progress shall be completed at the previous agreed pricing.

• TERMINATION FOR DEFAULT —

  The District reserves the right to terminate the Contract without prior notice in the event the Vendor defaults or breaches any of the terms and conditions of this Contract. In the event of termination, the District reserves the right to complete the work or services in any manner it deems desirable, including engaging the services of other parties. Any such act by the District shall not be deemed a waiver of any other right or remedy of District. If after exercising any such remedy, the cost to the District of the performance of the balance of the work or services is in excess of that part of the contract sum, which has not therefore been paid to the Vendor hereunder, Vendor shall be liable for and shall reimburse the District for such excess and liquidated damages, if any.

• TERMINATION WITHOUT CAUSE —

  The District shall have the right to terminate the Contract, in whole or in part, without cause at any time upon thirty (30) days prior written notice. Upon receipt of a notice of termination, the Vendor shall promptly cease placing orders and all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The District shall pay the Vendor, to the extent funds are appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof, less liquidated damages, if any.

• NO THIRD-PARTY BENEFICIARY —

  For purposes of this Contract, including its intended operation and effect, the parties to this Contract specifically agree that: (1) the Contract only affects matters/disputes between the parties to this Contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entity may be in a contractual relationship with District or Vendor or both; and (2) the terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either District or Vendor.

• BANKRUPTCY OR INSOLVENCY —

  If the Vendor shall file a petition in bankruptcy, or if the same shall be adjudged bankrupt or insolvent by any Court, or if a receiver of the property of the Vendor shall be appointed in any proceeding brought by or against the bidder’s creditors, or proceedings shall be commenced on or against the Vendor’s operations of the premises, the District reserves the right to terminate this Contract immediately.

• ORDER PLACEMENT —

  Requests for goods and services will be on an as-needed basis by authorized District employees only. The District will supply the Vendor with the names of personnel authorized to place orders. The District shall place written orders or electronically via email in the form of a purchase order or Notice to Proceed which will include a purchase order number.

• MISCONDUCT —

  The District is committed to maintaining an alcohol, drug, tobacco and firearm free workplace. Possession or use of firearms, or possession, use of, or being under the influence of alcohol or controlled substances by Vendor’s employees or subcontractors’ employees while in the performance of any service(s) or delivery of goods to the District is strictly prohibited. Violation of this requirement may constitute grounds for immediate cancellation of the Contract. The District reserves the sole right to determine whether this clause is violated, which may be grounds for immediate termination.

• COMPLIANCE WITH LAWS —

  Vendor agrees to give all notices and comply with all federal, state and local laws, statutes, ordinances, safety codes, rules and regulations (collectively “Laws and Regulations”) in any matter bearing on the performances of the services specified herein. This contract and the rights and obligations of the parties hereto shall be interpreted, construed, and enforced in accordance with the laws of the State of Texas.

• Bonds —
  1. 1. 1. Payment and Performance Bonds
           Vendor shall furnish performance and payment bonds, each in an amount at least equal to the Bid Price as security for the faithful performance and payment of all Vendor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due. Vendor shall also furnish such bonds as are required by the Contract Documents.
           
           All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be in full compliance with Texas Government Code section 2253.021 and Texas Insurance Code Chapter 3503. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
           
           If the surety on any bond furnished by Vendor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of the terms and conditions specified herein, Vendor shall promptly notify the District, within twenty (20) days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements specified herein.
           
           All bonds and insurance required by the Contract Documents to be purchased and maintained by Vendor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided herein and in the Contract Documents. Such bonds and insurance shall not require the District to execute additional documentation to be effective.
• INSURANCE —
  1. 1. 1. Insurance
           Vendor shall maintain insurance in the minimum coverage amounts set forth herein. At least two (2) weeks prior to the commencement of service and renewals thereafter during the term of agreement, the successful bidder shall furnish a completed insurance certificate to the District at 804 E. Northside Drive, Fort Worth, Texas 76102 or electronically to insurance@trwd.com, which shall be completed by an agent authorized to bind the name underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon.
           
           The District shall have no duty to pay or perform under this Contract until such certificate has been delivered to the Purchasing Department. The District reserves the right to review insurance requirements of this section during the effective period of the Contract and to adjust insurance coverages and their limits when deemed necessary and prudent by the District’s Risk Manager upon changes in statutory law, court decisions, or the claims history of the industry as well as the successful bidder.
           
           Insurance companies providing insurance required by Contract Documents shall have a minimum rating of A FSC of Class VIII according to A.M. Best Company.
           
           Coverages
           General Liability - $1,000,000/per occurrence, $2,000,000/general aggregate
           Auto Liability - $1,000,000
           Worker’s Compensation – Statutory Limits
           
           Except for the Workers Compensation and Professional Liability policies, the District will be named as an additional insured on each such policy of insurance.
           
           Vendor hereby waives any and all rights of subrogation by, through, or under it against the District or any related party by any insurance carrier or other third person.
           
           Certificates of insurance shall list Tarrant Regional Water District as the Certificate Holder with the address 804 East Northside Drive, Fort Worth, Texas 76102.
           
           Certificates of insurance shall contain in the “Descriptions of Operations/Locations” field a Project Name or description of the Work, as specified by the District and must be received no later than ten (10) days after the notice of award of contract.
           
           Certificates of insurance must specify the Contract, the start and end date, must be on a standard Accord form, and must be submitted electronically.
           
           By signing this Contract or providing or causing to be provided a certificate of coverage, the person signing this Contract is representing to the District that all employees of the person signing this Contract who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the bidder to administrative penalties, criminal penalties, civil penalties, or other civil actions.
           
           
        2. Texas Administrative Code Title 28 Section 110.110(c)(7) requires the following language to be contained in certain building and construction bid specifications and contracts:
           “Workers Compensation Insurance Coverage -
           1.  Definitions:
              Certificate of coverage (“certificate”) – A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project for the duration of the project.
              
              Duration of the project – Includes the time from the beginning of the work on the project until the contractor’s/person’s work on the project has been completed and accepted by the governmental entity.
              
              Persons providing services on the project (“subcontractor” in 406.096) – Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
           2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project.
           3. The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.
           4. If the coverage period shown on the contractor’s current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.
           5. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity:
              
              (1) A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and
              (2) No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.
           6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
           7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.
           8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers’ Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
           9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to:
              
              (1) Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;
              (2) Provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;
              (3) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
              (4) Obtain from each other person with whom it contracts, and provide to the contractor:
              (a) A certificate of coverage, prior to the other person beginning work on the project; and
              (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
              (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
              (6) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and
              (7) Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.
           10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.
           11. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.”
• BACKGROUND CHECK —

  In addition, upon request of the District, Vendor shall perform background checks on all employees responsible for performing work related to this project. Background checks shall be at the expense of the District and shall be performed by a qualified vendor approved by the District. In the event a background check discloses information that the District, at its sole discretion, deems unsatisfactory, Vendor agrees to immediately cease using said employee or subcontractor on work related to this project.

• STANDARD OF PERFORMANCE —

  Vendor agrees to provide the services in a good, professional, and workmanlike manner, recognizing that time is of the essence to the services. Vendor agrees to file all necessary registrations and reports with all applicable regulatory authorities which may be required in the course of providing services. Vendor further agrees to provide services in a manner which complies with all applicable Laws and Regulations. The District agrees to cooperate with Vendor by providing information in its possession, staff access, and such other and further resources reasonably available to it as may be necessary to facilitate the timely and proper rendition of services.

• NO WAIVER OF SOVEREIGN IMMUNITY —

  Nothing in this Agreement shall be deemed or construed to waive the District’s sovereign immunity or otherwise invalidate its immunity from suit and/or liability.

• CONFLICTS —

  In the event of a conflict between these TRWD Standard Terms and Conditions, and the terms of any Vendor issued terms, conditions, purchase orders, scope of work, or other vendor issued documents, the terms of this TRWD Standard Terms and Conditions shall govern.

Submission Requirements

• Lead Time for Delivery (required)
• Bidder confirms submitting valve manufacturer information (required)
• References Form (required) —

  Please download the below documents, complete, and upload.

• Vendor Utilization Form (required) —

  Please download the below documents, complete, and upload.

• Non-Collusion Affidavit (required) —

  Please download the below documents, complete, and upload.

• Conflict of Interest Questionnaire (required) —

  Complete the form, sign and date where indicate. We are required to have a completed copy of the CIQ form to be signed and dated even if there is(are) no conflict(s). Form is not considered complete unless signed and dated.

• Compliance To State Law On Nonresident Bidders (required) —

  Please download the below documents, complete, and upload.

• Compliance To Texas Sales Tax Code (required) —

  Please download the below documents, complete, and upload.

• Is a Bond required? (required)
• DB Percentage (required) —

  2% or 5%

• Does the Standard Contract Term apply? (required)
• Please provide the initial term of the contract. (required) —

  Example: nine (9) months

Questions & Answers