Jordan Basin Improvement District – Procurement Documents Dewatering Dry Polymer Supply Page no 1 of 31

PROCUREMENT DOCUMENTS

FOR

DEWATERING DRY POLYMER SUPPLY

JORDAN BASIN IMPROVEMENT DISTRICT

1253 West Jordan Basin Ln.

Bluffdale, UT 84065

(801) 571-1166

APPLICABLE DATES/DEADLINES:

Post Notice & Invitation to Bid Monday, February 9, 2026 Plant Trials Inquiries and Scheduling: Friday, February 27, 2026 and Thursday, July 23, 2026

Plant Trials: March 23 – April 10 and

August 10 – 28, 2026

Bid Inquiries: Friday, September 11, 2026 Bid Deadline and Opening: Thursday, September 17, 2026 @ 2:00 PM

NOTICES AND INQUIRIES TO BE POSTED AT: Utah Public Procurement (U3P)

Project Manager:

John Gallagher Jordan Basin Water Reclamation Facility 13826 South Jordan Basin Lane Riverton, UT 84065 Telephone: (385) 202-2745 (contact only to schedule Plant Trials)

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TABLE OF CONTENTS

A. The District 3

B. Description of Bidding Process – Notice Inviting Bids 4

C. Instructions to Bidders 7

D. Bid Forms 10

E. Contract Documents: Procurement Agreement & General Conditions 13

F. Technical Specifications 22

G. Exhibits 25

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PART A

THE DISTRICT

The Jordan Basin Improvement District (the “District”) provides wastewater infrastructure and services for portions of Salt Lake County and Utah County, Utah. The District’s collection system is comprised of approximately 1,100 miles of sanitary sewer lines. The District owns and operates a 15 MGD membrane bioreactor wastewater treatment plant known as the Jordan Basin Water Reclamation Facility (JBWRF). The JBWRF is located at 13826 South Jordan Basin Lane, Riverton, Utah.

This Invitation for Bids is for the supply of dry polymer to be used in the dewatering operations of the

JBWRF.

-- End of Part A; The District --

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PART B

DESCRIPTION OF BIDDING PROCESS AND

NOTICE INVITING BIDS

TWO-STAGE BIDDING PROCESS. This Invitation for Bids requires a two (2)- stage process, to consist of mandatory on-site Plant Trials of dry polymer product, and actual bids from potential suppliers.

A. In the first stage, potential suppliers shall participate in two polymer performance testing processes (the “Plant Trials”). The Plant Trials are mandatory – bids will not be considered from suppliers who fail to participate in both Plant Trials. The purpose of the Plant Trials is to evaluate and quantify the efficiency of the dry polymer product proposed by each potential supplier. The Plant Trials are to determine efficiencies during winter and summer operating conditions. During the Plant Trials, the District will evaluate and quantify the efficiency of each potential bidder’s Products and will determine the quantity of dry polymer (in pounds) required to produce one (1) ton of dry solids. The Plant Trial processes will be performed from Monday, March 23 through Friday, April 10, 2026 and Monday August 10 through Friday, August 28, 2026. The length for scheduling on-site trials can be modified by the District based on the number of interested vendors. The duration of each individual trial will remain consistent as outlined in these documents. During these periods, each interested potential supplier will be invited to participate in the demonstration and evaluation of its dry polymer product. The details of the polymer performance testing procedures are set forth in Part G;

Exhibit “1” to these Procurement Documents. Bidders will not submit any financial data or bids during the first stage.

B. The second stage will include bidders’ submission of their bids to the District.

Inquiries about bids shall be submitted to the District through Bonfire (U3P) on or before Friday, September 11, 2026. Suppliers shall submit electronic (PDF) bids to the District through Bonfire (U3P) on or before Thursday, September 17, 2026 at 2:00 pm, at which time bids will be publicly opened. Bids shall utilize the forms included in this bid package, and will clearly identify the exact “per pound” cost of polymer product to be purchased by the District. The District will then calculate the actual cost of using each bidder’s polymer product by evaluating the proposed cost in light of the polymer’s established efficiency in the District’s facilities.1

RECEIPT OF BIDS. Electronic sealed bids shall be received by the District via Bonfire (U3P) no later than 2:00 p.m., on Thursday, September 10, 2026 for the project titled “De-watering Dry Polymer Supply.”

1 The District’s calculation will be based on the considerations set forth on the Total Cost Calculator form included with the Bid Documents, Part G, Exhibit 2.

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SUMMARY OF DATES & DEADLINES

DEADLINE ITEM DATE – NO LATER THAN

District Issues Notice and Invitation to Bid Monday, February 9, 2026 Plant Trials – Inquiries and Scheduling Friday, February 27, 2026 and

Thursday, July 23, 2026 Plant Trials Period Monday, March 23 – Friday April 10, 2026 and

Monday August 10 – Friday August 28, 2026 Bid Inquiries – through Bonfire (U3P) Friday, September 11, 2026 Bid Deadline and opening Thursday, September 17, 2026 at 2:00 p.m.

GENERAL DESCRIPTION OF WORK. Supplying, delivering, and providing technical assistance as needed for dewatering dry polymer supply at the District’s Jordan Basin Water Reclamation Facility. The initial term of the procurement shall run from October 1, 2026, through September 30, 2027. The term may be extended for four (4) one-year renewals as provided herein, with the total contract term not to exceed five (5) years.

SPECIFICATIONS: Dry polymer products proposed in a supplier’s bid shall meet or be of higher quality than outlined in the Technical Specifications set forth in Part F and in Part G;

Exhibit 3, and as contained in the Procurement Documents.

DELIVERY SCHEDULE. The District shall endeavor to place orders with the Supplier at least forty-five (45) calendar days prior to the date of desired delivery. The Supplier shall complete delivery no later than forty-five (45) calendar days after an order has been placed. The Supplier shall notify the District of the approximate date of delivery within five (5) days of an order, and shall notify the District of a firm delivery date no fewer than seven (7) days prior to delivery.

QUANTITIES. The District operates a water treatment plant capable of processing sewer inflows of approximately 15 MGD. The quantities of dry polymer or of other materials are estimated and the District makes no representation that it agrees to purchase Product in estimated amounts or any polymer products at all. Actual purchases may be either less than or greater than the estimated amounts. Individual deliveries shall be made in the form and quantity listed in the specifications.

BID ITEMS. Any Bidder may bid to provide any single item, all items, or any combination of items.

PRICES. Prices quoted must include all charges, including but not limited to: supply, delivery, and technical assistance. Prices shall be firm from October 1, 2026, through September 30, 2027.

Prices for successive annual terms may be adjusted as provided herein, as approved by the District and agreed to by the Supplier. Annual increases shall not exceed 5% per year.

EXEMPTION FROM SALES AND USE TAX. Supplier shall pay all sales, consumer, use and other similar taxes required by law to be paid due to the production and delivery of the Product and Services. The District is exempt from paying sales and use taxes. The District’s Utah State sales and use tax exemption number is: 12257770-002-STC

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PLANT TRIALS QUESTIONS, SCHEDULING, BONFIRE. The scheduling of Plant Trials and all questions relating to Plant Trials shall be directed to John Gallagher, Operations Supervisor as the District’s representative for the project. He can be reached at: (385) 202-2745.

All technical questions are to be posted at Bonfire (U3P) on or before the Plant Trials Inquiries deadline described above. Once Plant Trials are completed, contact with Mr. Gallagher shall terminate and potential suppliers are to monitor Bonfire (U3P) to ensure awareness of any questions that are posted and answered, addenda to these Procurement Documents, or changes in dates.

OWNER’S RIGHTS RESERVED. The District reserves the right to reject any or all bids, to waive any formality in a bid and to make awards in the interest of the District. Discounts offered under payment terms, or award of multiple bid items to a single Bidder, will be evaluated to determine the lowest overall cost to the District. The District may select a single Bidder for the supply and delivery of all bid items or different Bidders for the supply and delivery of any or all items separately.

-- End of Part B; Description of Bidding Process and Notice Inviting Bids --

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PART C

INSTRUCTIONS TO BIDDERS

PLANT TRIALS – LIMITED PURPOSE OF CONTACT WITH PROJECT MANAGER.

The first trials of suppliers’ dry polymer product will be held during the period beginning on March 23, 2026 and ending April 10, 2026. The second trials of suppliers’ dry polymer product will be held during the period beginning on August 10, 2026 and ending on August 28, 2026.

The two trial periods are to test polymers during winter and summer operating conditions.

Suppliers may determine that a single product works well during both conditions. It is the Supplier’s responsibility to determine which polymer to test and demonstrate efficiency during each trial period. The District reserves the right to purchase different products from different Suppliers, based on efficiencies shown during the two trial periods, in the best interests of the District.

Suppliers are to contact the District to arrange dates for trials and testing of their polymer product(s). Contact must be made with John Gallagher, Project Manager, 13826 South Jordan Basin Lane, Riverton, UT 84065, telephone (385) 202-2745. Details of the Plant Trials are set forth on Part G; Exhibit “1” of these Procurement Documents. The purpose of contact with Mr.

Gallagher shall be limited to inquiries about the Plant Trials process, to schedule a supplier’s Plant Trials, and to coordinate the evaluation of a supplier’s proposed product(s). During this period, neither the District nor any supplier shall discuss pricing of proposed product(s).

Each supplier shall provide its polymer product(s) to the District, without charge, in quantities sufficient for the District adequately to evaluate the efficiency of the product. Details of the quantities to be used in the Plant Trials are to be determined by the Project Manager in consultation with each supplier.

FORM OF BID. The bid shall be made on the Bid Forms included herein. The completed documents contained in Part D – Bid Forms shall be submitted via sealed electronic bid in PDF format on Bonfire (U3P).

The remainder of the Bid Documents received from the District are not required to be returned with the bid schedule.

DELIVERY OF THE BID. The bid shall be delivered no later than the time and at the location stipulated in the Notice Inviting Bids. It is the Bidder’s sole responsibility to see that its bid is properly received in proper time. Late bids will not be considered by the District.

WITHDRAWAL OF BID. Bids shall be unconditionally tendered to the District, without alteration or correction; provided however, that a Bidder may by means of written request, signed by the Bidder, withdraw or correct its bid. Such written request to withdraw or correct a bid shall be delivered to Joel Thompson, General Manager, via email (joelt@jbidut.gov), prior to the closing time for receipt of bids.

mailto:joelt@jbidut.gov

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OPENING OF BIDS: The bids will be publicly opened and read at the offices of the District at the time set forth above. After bids are opened and read, the District will determine if bids are responsible and responsive, will then calculate the actual cost to the District of each proposed dry polymer product, and will notify bidders of the results as required by law.

MODIFICATIONS AND ALTERNATIVE BIDS. Unauthorized conditions, limitations, or provisions attached to a bid will render it non-responsive or non-responsible and may cause its rejection. However, alternative bids may be submitted for consideration by the District.

DISCREPANCIES IN BIDS. In the event there is more than one bid item in a bid schedule and/or the total indicated for the schedule does not agree with the sum of the prices being bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Bidder shall be bound by said correction.

BIDDER’S EXAMINATION OF BIDDING DOCUMENTS AND DISTRICT

FACILITIES. It is the responsibility of each Bidder before submitting a bid to:

A. Participate in the Plant Trials;

B. Examine the bid documents thoroughly.

C. Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of work.

D. Consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the work.

E. Study and carefully correlate the Bidder’s observations with the bid documents.

F. Notify the District of all conflicts, errors, or discrepancies in the Procurement Documents.

DISQUALIFICATION OF BIDDERS: If there is a reason to believe that collusion or other irregularity exists among Bidders, all such bids will be rejected. Bidders determined to be collusive shall be debarred from District procurements.

EVALUATION OF BIDS AND AWARD OF PROCUREMENT AGREEMENT. Award of the Procurement Agreement(s) will be made utilizing the following criteria: a responsive and responsible bid; compliance with the Technical Specifications outlined in the Procurement Documents; demonstrated performance during the Plant Trials; and lowest overall cost to the District. The award(s) will be made to the responsive and responsible Bidder whose bid complies with all the requirements of the Procurement Documents and whose bid presents the lowest overall cost to the District. The Polymer Total Cost Worksheet, attached to the Procurement Documents as Part G; Exhibit “2” will be used to evaluate the actual cost to the District of the dry polymer Product. The District reserves the right to purchase products from multiple Suppliers, in the instance that one Supplier’s product performs best in winter conditions, and another Supplier’s product performs best in summer conditions, or vice versa.

EXECUTION OF AGREEMENT. The Bidder to whom award is made shall execute a written Procurement Agreement with the District within 10 calendar days following notification of acceptance by the District. The Procurement Agreement shall be in a form substantially similar to that found in the Procurement Documents, Part E. Failure or refusal to enter the Agreement or

Dewatering Dry Polymer Supply Page no 9 of 31 to conform to the requirements of the Bid Documents shall be cause to annul the award. If the successful bidder fails to execute the Agreement, the District may award the contract to the second lowest responsive and responsible bidder, or reject all bids and re-advertise for rebidding.

PROPRIETARY / PROTECTED INFORMATION. Bids provided to the District are presumed to be public records and are available for public review or inspection. If a firm believes that any portion of its Bid includes proprietary information or is otherwise protected under the Utah Government Records Access Management Act (“GRAMA”), the Bid shall clearly identify each portion of the Bid that the firm claims is protected, clearly designating the same with the words “PROPRIETARY / PROTECTED INFORMATION.” The District will not provide any advice (legal or otherwise) on matters relating to GRAMA, and firms are to seek independent legal advice on issues concerning such matters. To the extent allowed by law, the District will honor a designation of protection under GRAMA. By submission of a Bid the firm acknowledges that, in the event that the District is required to disclose allegedly proprietary or protected materials, the District shall have no obligation or liability for such a disclosure. A bidder that claims material to be exempt from disclosure under GRAMA, shall defend, indemnify and hold harmless the District from any claim or suit arising from the District’s refusal to disclose any such material, including the payment of all costs and attorney’s fees of legal counsel to be selected by the District.

-- End of Part C; Instructions to Bidders --

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PART D

BID FORMS

BIDS TO: JORDAN BASIN IMPROVEMENT DISTRICT/JORDAN BASIN WATER

RECLAMATION FACILITY – FOR DEWATERING DRY POLYMER SUPPLY

1. The undersigned Bidder hereby agrees, if this bid is accepted, to enter a Procurement Agreement with the Owner substantially in the form of Part E of the Procurement Documents.

2. Bidder accepts all requirements, terms and conditions of the Procurement Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders, the Procurement Agreement and the General Conditions.

3. This bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter the Procurement Agreement within the time and in the manner required in the Procurement Documents.

4. Bidder has familiarized itself with the nature and extent of the procurement Work, the location where the Product is to be delivered, the equipment where the Product will be utilized, all applicable legal requirements (federal, state and local laws, ordinances, rules, and regulations), and all conditions affecting cost, progress or performance of the Work, and has made such other independent investigations as Bidder deems necessary.

5. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the District.

6. With respect to all the foregoing, and including all cost schedule(s) and information required of Bidder contained in this bid form, the Bidder further agrees to complete the Work required under the Procurement Documents within the contract time stipulated in the Procurement Documents, and to accept in full payment the contract price based on the total price(s) named in the Cost Schedule submitted herewith.

Dated: ______________, 2026 Bidder: ___________________________ Signature: _________________________ By: ______________________________ Title: _____________________________

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COST SCHEDULE – UNIT PRICE

Schedule of unit prices for procurement of “Dewatering Dry Polymer Supple,” in accordance with the Procurement Documents.

Invitation for Bids

DRY POLYMER

COMPANY NAME:

Annual Estimated Quantity of Dry Polymer Required

Unit: Pound

Unit: Price

Unit Delivery Description

Super Sack – approx. 1,650 lbs.

Name of Manufacturer

Material Origin

Lead Time Required/Days

Additional information, comments of special conditions:

A COPY OF THE SAFETY DATA SHEET FOR THE PRODUCT IS ATTACHED

Bidder understands that the Jordan Basin Improvement District reserves the right to reject any or all bids, to waive any formalities in a bid and to make awards in the interest of the District.

Respectfully submitted, By: __________________________ Phone: ____________________________

Title:_________________________ Complete Business Name and Address:

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BIDDER’S GENERAL INFORMATION

The BIDDER shall furnish the following information with the bid. This general information shall also be used in evaluating the bid. Additional sheets shall be attached as required. Failure to complete this sheet will cause the bid to be non-responsive and may cause its rejection. In any event, no award will be made until all of the Bidder’s general information is delivered to the District.

Sales Office

Name of Company: ___________________________________ Street Address: ___________________________________ Normal Working Hours: _____________________________ Responsible Personnel Name Telephone

Person(s) authorized to sign Affidavit of Compliance-Warranty

Normal Working Hours: _____________________________ Responsible Personnel Name Telephone

Ordering Office Normal Working Hours: _____________________________ Responsible Personnel Name Telephone

Emergency Assistance (24/7) Name Telephone

-- End of Part D; Bid Forms –

PART E

CONTRACT DOCUMENTS

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PROCUREMENT AGREEMENT

THIS PROCUREMENT AGREEMENT is dated and effective _______________, 2026, by and between the Jordan Basin Improvement District, (the “District”) and ___________________________(the “Supplier”). The District and the Supplier, in consideration of the mutual covenants hereinafter set forth and for other valuable consideration the receipt and adequacy of which is acknowledge, agree as follows:

ARTICLE 1: PRODUCT SUPPLY, DELIVERY AND TECHNICAL SERVICES

Supplier shall furnish Dry Polymer Product, delivery, and technical services as specified or indicated in the Procurement Documents and in the Supplier’s awarded Bid.

ARTICLE 2: POINT OF DELIVERY.

The location where the Dry Polymer is to be delivered as defined in the General Conditions as the Point of Delivery is designated as: The Jordan Basin Water Reclamation Facility 13826 South Jordan Basin Lane, Riverton, UT 84065

ARTICLE 3: COMMENCEMENT AND TERM OF CONTRACT – DELIVERY

CAPACITY AND REQUIREMENTS

3.1 Term and Renewal. The Supplier shall provide dewatering dry polymer Product and delivery, along with associated technical assistance commencing October 1, 2026 and continuing through September 30, 2027. This contract may be renewed by the District for successive one

(1) year terms; with the total contract term not to exceed five (5) years. Prices for successive annual terms may be adjusted as provided herein, as approved by the District and agreed to by the Supplier. Annual increases shall not exceed 5% per year.

3.2 Capacity. Supplier warrants that it has the capacity to provide a sufficient quantity of the Product to meet the needs of the JBWRF, which at present has a capacity of 15 MGD of sanitary sewer flows.

3.3 Order Placement and Delivery Deadlines. The District shall place each order not less than 45 days before the required delivery date. The Supplier shall make each delivery no later than forty-five (45) calendar days after an order has been placed by the District. The Supplier shall notify the District of the approximate date of delivery within five (5) days of an order and shall notify the District of a firm delivery date no fewer than seven (7) days prior to delivery.

3.4 Liquidated Damages. The District and Supplier recognize that time is critical in the performance of this Procurement Agreement. The parties further acknowledge that it the Product is not timely delivered, the public health may be placed at risk, and the District may suffer significant financial losses. Further, the District and Supplier acknowledge the considerable delays, expenses and difficulties of proving actual losses or damages in a legal proceeding.

Accordingly, and in lieu of requiring proof of such losses or damages, the District and the Supplier expressly agree that as liquidated damages for delay, Supplier shall pay District One

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Thousand Dollars ($1,000) for each day (or part of a day) that expires after the time specified in paragraph 3.3 for delivery of Supplier’s dry polymer Product. The District shall be entitled to offset liquidated damages against any amounts owed by the District to the Supplier.

ARTICLE 4: CONTRACT PRICE

The District shall pay Supplier for furnishing the dry polymer Product, delivery and technical services in accordance with the Procurement Documents in current funds as shown on the Supplier’s bid. The contract price shall include all charges, including but not limited to supply, delivery, and technical services. Prices shall be firm from October 1, 2026, through September 30, 2027. Prices for successive annual terms may be adjusted as provided herein, as approved by the District and agreed to by the Supplier. Annual increases shall not exceed 5% per year.

ARTICLE 5: PAYMENT PROCEDURES

Payment for Product received shall be based on the quantity of dry polymer Product delivered.

The amount shall be determined from the shipping manifest, and as verified by District’s operator receiving the shipment. The District’s purchase order number shall accompany every request for payment from the Supplier.

ARTICLE 6: PROCUREMENT DOCUMENTS

The Procurement Documents comprise the entire agreement between District and Supplier concerning the Work, and those documents include this Agreement the General Conditions and all Procurement Documents as defined in the General Conditions. The Procurement Documents also include Change Orders which may be delivered or issued after the effective date of this Agreement.

There are no Procurement Documents other than those listed in this Article 6. The Procurement Documents may only be amended by written Change Order as provided in Article 6 of the General Conditions.

ARTICLE 7: MISCELLANEOUS

Terms used in this Agreement and throughout the Procurement Documents which are defined in Article 1 of the General Conditions will have the meanings there indicated.

No assignment by a party of any rights under or interests in the Procurement Documents will be binding on another party without the written consent of the party sought to be bound; and no assignment will release or discharge the assignor from any duty or responsibility under the Procurement Documents.

IN WITNESS WHEREOF, the District and the Supplier have caused this Agreement to be executed the day and year first above written.

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Jordan Basin Improvement District:

By: _____________________________ Its: _____________________________

Attest:

District Clerk

Supplier:

By: _____________________________ Its: _____________________________

Address for Giving Notice:

Address for Giving Notice:

PART E (continued)

CONTRACT DOCUMENTS

GENERAL CONDITIONS

ARTICLE 1: DEFINITIONS

Wherever used in these General Conditions or in the other Procurement Documents, the following terms have the meanings indicated below. Terms used in these General Conditions, which are defined in the Procurement Agreement, will have the meanings indicated in the Procurement Agreement.

Addenda: Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the Procurement Documents.

Bid: The offer or bid of the Supplier submitted on the prescribed form setting forth the price(s) for furnishing the product and services.

Bonfire (U3P): The web provider/portal through which the District conducts its procurement processes.

Change Order: A document, which is signed and dated by Supplier and the District after the effective date of the Procurement Agreement, and authorizes an addition, deletion or revision in the product or services, an adjustment in the contract price or the contract time, or otherwise modifies the terms, conditions or requirements of the Procurement Documents.

Contract Price: The monies payable by the District to Supplier under the Procurement Documents.

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Contract Time: The number of successive calendar days stated in the Procurement Documents for furnishing the product and services. Time is of the essence of every performance or requirement of the Procurement Documents.

Day: A calendar day of 24 hours measured from 12:01 a.m. to the next midnight.

Defect/Defective: Refers to product or services which are unsatisfactory, faulty or deficient, and do not conform to the Procurement Documents or do not meet the requirements of any inspection, reference, standard, test or approval referred to in the Procurement Documents.

District: The Jordan Basin Improvement District

FOB Point of Delivery: All transportation charges to the Point of Delivery, including but not limited to switching, trucking, lighterage, and special handling shall be paid by the Supplier.

JBWRF: The Jordan Basin Water Reclamation Facility located at 13826 South Jordan Basin Lane, Riverton, UT 84065.

Point of Delivery: The place(s) designated in the Procurement Documents where the product is to be delivered. Unless otherwise indicated, the Point of Delivery shall be the JBWRF, defined above.

Procurement Agreement: The agreement made between the District and Supplier as of the specified date.

Procurement Documents: The Procurement Documents are as defined as all documents included in the District’s “Procurement Documents for Dewatering Polymer Supply” issued by the District on or about February 9, 2026.

Product: The dewatering dry polymer product as described in the Procurement Documents and in Supplier’s Bid, to be supplied and delivered by Supplier.

Services: Services to be furnished to the District by Supplier as required by the Procurement Documents.

Supplier: The party to whom the Agreement is awarded; and who has agreed to supply and deliver the Product and/or Services to the District.

Technical Specifications: The Technical Specifications as set forth in the District’s Procurement Documents.

Work: The provision and/or delivery of dewatering dry polymer Product to the District by the Supplier and all Services including technical services associated therewith.

ARTICLE 2: INTENT OF PROCUREMENT DOCUMENTS

2.1 The Procurement Documents comprise the entire agreement between the District and the Supplier concerning the furnishing of the Product and Services. The Procurement Documents

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2.2 The Procurement Documents are complementary; what is called for by one is as binding as if called by all. If, during performance of the Procurement Agreement, Supplier discovers a conflict, error or discrepancy in the Procurement Documents, Supplier shall report the same to the District immediately in writing. If the conflict, error or discrepancy affects Supplier’s performance, Supplier shall request and obtain a written interpretation or clarification from the District before proceeding further.

2.3 All Product, materials, equipment and Services required by the Procurement Documents to produce the specific result, will be supplied and delivered by Supplier to the District. When words which have a well-known technical or trade meaning are used to describe products, materials, equipment or services, such words will be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organizations or association, or to the code of any government authority, whether such reference be specific or implied, shall mean the latest standard specification, manual or code in effect at the effective date of the Procurement Agreement, except as may be otherwise specifically stated.

Where deemed appropriate, clarifications and interpretation of the Procurement Documents shall be issued by and at the discretion of the District.

ARTICLE 3: SHIPMENT AND DELIVERY OF THE PRODUCT

Shipment and delivery of the Product shall be in accordance with this article, except as otherwise provided or specified.

3.1 All products will be delivered FOB Point of Delivery. Supplier shall select the means and methods of transportation. All transportation charges, including but not limited to switching, trucking, lighterage, and special handling will be paid by Supplier.

3.2 All deliveries to the JBWRF will be required to enter the south end of the JBWRF property and proceed to the JBWRF solids handling building. Deliveries shall be made during regular operating hours of the Facility; Monday – Friday, 7:00 am – 3:00 pm MST. No deliveries will be accepted on weekends or holidays without written confirmation from the District.

3.3 The District shall inspect the Product upon delivery for the sole purpose of identifying the product and general verification of quantities in order to provide a basis for payment. Such inspection will not be construed as final or as acceptance of any product not in conformance with the Procurement Documents. If, when delivered, the product apparently is defective, the District will give prompt written notice to Supplier. Supplier shall, without cost to the District, correct the defect or replace the Product with non-defective Product. The District may accept delivery of the defective Product and remedy the defect as appropriate, with a corresponding reduction in the Contract Price and/or deduction from amounts owed to Supplier. The District may refuse to accept delivery of any product that is defective.

3.4 Supplier shall deliver the Product at the Point of Delivery in a safe manner, and as circumstances warrant (or as directed by the District), shall chock the truck and trailer during offloading, wear appropriate protective equipment, perform or participate in any required sampling in a clean and safe manner, and engage in any other activity deemed necessary for the

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ARTICLE 4: TAXES

Supplier shall pay all sales, consumer, use and other similar taxes required by law to be paid due to the production and delivery of the product and furnishing of services. The District is exempt from paying sales and use taxes. The District’s Utah State sales and use tax exemption number is

12257770-002-STC.

ARTICLE 5: SUPPLIER RESPONSIBILITIES

5.1 Supplier shall competently and efficiently coordinate all operations required to deliver the Product and furnish Services. Supplier shall designate in writing to the District a person with authority to act on behalf of Supplier with respect to Supplier’s obligations under the Procurement Documents, and all communications given to or received from that person will be binding on Supplier.

5.2 Unless otherwise specified by the Procurement Documents, all the materials incorporated in the Product will be new and of good quality. All workmanship will be of good quality and free from defects. Supplier shall, if required by the District, furnish satisfactory evidence of the source, kind and quality of the materials incorporated in the Product. All Services of the Supplier will be performed by competent and qualified personnel.

5.3 Supplier shall continue performance of the Procurement Agreement during all disputes or disagreements with the District. No production of Product will be delayed or the timely delivery of Product or furnishing of Services be prejudiced, delayed or postponed pending resolution of any disputes or disagreements, except as Supplier and the District may otherwise agree in writing.

5.4 Supplier shall provide the District, testing agencies, and governmental agencies with jurisdictional interests, proper and safe access to Product in the process of production at reasonable times as is necessary for the performance of their functions in connection with the Procurement Documents.

ARTICLE 6: CHANGES IN THE PRODUCT OR SERVICES

6.1 Without invalidating the Procurement Agreement, the District may order additions, deletions or revisions in the Product or furnishings of Services. These changes will be authorized by Change Orders. Upon receipt of a Change Order, Supplier shall proceed on the basis of the change involved.

6.2 No change may be made in the Product or Services without authorization of a Change Order.

ARTICLE 7: CHANGE OF CONTRACT PRICE

7.1 The contract price constitutes the total compensation payable to Supplier for furnishing the Product and Services. All duties, responsibilities and obligations assigned to or undertaken by Supplier shall be at its expense without change in the contract price.

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7.2 Contract prices for successive annual terms may be adjusted at the time of renewal, as approved by the District and agreed to by the Supplier. Annual increases shall not exceed 5% per year.

ARTICLE 8: CHANGE OF CONTRACT TIME

8.1 The contract time may be changed only by a Change Order.

8.2 The contract time will be extended in an amount equal to time lost due to delays beyond the reasonable control of the Supplier if a claim is made and substantiated.

8.3 All time requirements and performances set forth in the Procurement Documents are of the essence.

ARTICLE 9: WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS,

CORRECTION, REMOVAL OR ACCEPTANCE

9.1 Supplier’s obligation to furnish the Product and Services in accordance with the Procurement Documents is absolute, and Supplier warrants and guarantees to the District that all Product and Services will be in accordance with the Procurement Documents and free from defects. Prompt notice of all observed defects will be given to Supplier. If any defect is found within ten working days of the date of Product delivery, the Supplier shall promptly replace the defective Product without charge to the District.

9.2 Neither any payment by the District to Supplier under the Procurement Documents, nor any use of the Product by the District, nor any act of acceptance by the District, nor any failure to do so, nor the issuance of a notice of acceptability by the District, nor any correction of defective Product or Services by the District, will constitute an acceptance of Product or Services not in accordance with the Procurement Documents nor shall the same constitute a release of Supplier’s obligation to furnish the Product and Services in accordance with the Procurement Documents.

9.3 If at any time the District notifies Supplier in writing that any of the Product is defective, Supplier shall promptly provide Product which conforms to the Procurement Documents. If Supplier fails to do so within ten days, the District may obtain the Product elsewhere, and may invoke the liquidated damages provisions hereof.

9.4 All costs of correcting, removing and replacing defective Product or of obtaining Services elsewhere and of exercising the District’s rights and remedies under the Procurement Documents, will be charged against and paid by Supplier, and, if incurred prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Procurement Documents and reducing the Contract Price, or if incurred after final payment, an appropriate amount will be paid by Supplier to Owner. Such costs will include, but are not limited to, compensation for additional services and all cost of repair and/or replacement of Product or property of the District or others destroyed or damaged by correction, removal or replacement of defective Product. Supplier will not be allowed an extension of the Contract Time because of any delay in performance attributable to the exercise by the District of the District’s rights and remedies under this paragraph.

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ARTICLE 10: SUSPENSION, CANCELLATION AND TERMINATION

10.1 The District may, at any time and without cause, suspend production and/or delivery of the Product or the furnishing of Services by notice in writing to Supplier. The suspension may not exceed ninety days. Upon fifteen days written notice from the District, Supplier shall resume performance. Supplier will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if Supplier makes and substantiates a claim which is approved by the Owner.

10.2 Upon the occurrence of any of the events listed below (10.2.A through 10.2.F), the District may, and after giving Supplier ten days’ written notice, terminate the Procurement Agreement.

A. Supplier commences a voluntary proceeding under any chapter of the Bankruptcy Code (Title 11, U.S. Code), as now or hereafter in effect or if Supplier takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to bankruptcy or insolvency;

B. A petition is filed against Supplier under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Supplier under any other federal or state law in effect at the time relating to bankruptcy or insolvency;

C. Supplier makes a general assignment for the benefit of creditors;

D. A trustee, receiver, custodian or agent of Supplier is appointed to take charge or property of Supplier for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of Supplier’s creditors;

E. Supplier is unable to pay its debts generally as they become due; or

F. Breach by Supplier of any provision of the Procurement Documents, and such breach continues for a period of 15 days after written notice to correct the breach from the District to Supplier.

10.3 Termination of the Procurement Agreement will not affect any rights and remedies of the District against Supplier then existing or which may thereafter accrue. Any retention or payment of moneys due Supplier by the District will not release Supplier from liability.

ARTICLE 11: SUPPLIER QUALIFICATIONS

Supplier hereby represents and warrants to the District that it has furnished similar product and services for water treatment facilities comparable in size and complexity to the District’s project.

ARTICLE 12: PATENT FEES

12.1 Supplier shall pay any royalties and patent license fees required for its performance of the Procurement Documents.

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12.2 Supplier shall indemnify, defend and hold harmless the District, and its Trustees, officers, agents and employees, against all claims or liability arising from any patent, trade secret, know-how, license or copyright in connection with the product.

ARTICLE 13: CONTRACT TERM AND RENEWALS

13.1 The initial contract term shall be one (1) year. The contract may be renewed for one or more extensions; the term, as extended shall not exceed five (5) years. The determination of extensions will be made by the District’s procurement officer considering factors such as overall savings and efficiencies associated with: reduced administrative burdens in procuring, negotiating and administering new contracts; continuity in the operations of the JBWRF; the ability to obtain discounts associated with volume and term; and any other factor deemed relevant to the efficient operation of the District. The financial terms of extensions may be negotiated with the Supplier as deemed by the District, and in its discretion, to be in its best interests. The conditions for renewal will require that the Supplier has demonstrated complete and timely performance of all obligations to the District as defined in the Procurement Documents and that the Supplier consent to extension(s) of the contract on terms that are favorable to the District.

ARTICLE 14: COSTS AND ATTORNEYS FEES

14.1 The prevailing party in any proceeding to enforce the requirements of the Procurement Documents shall be entitled to an award of its costs and attorneys fees.

- End of Part E; Contract Documents –

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PART F

TECHNICAL SPECIFICATIONS

Section 1 – GENERAL

1.01 GENERAL

The Work to be performed shall consist of furnishing all Products, equipment, materials, supplies, and manufactured articles and providing all Services, essential communications, and performing all Work, or other operations required in strict accordance with the Procurement Documents. The District owns and operators a Siemens W3T180412 dry polymer system.

1.02 WORK COVERED BY PROCUREMENT DOCUMENTS

The Work comprises supplying, delivering, unloading, and providing technical assistance for dewatering dry polymer Products at the JBWRF on an as needed basis from October 1, 2026, through September 30, 2027.

Section 2 – THE PRODUCT

1. Product Specifications: See Part G; Exhibit “3” to these Procurement Documents.

2. Placement of Orders. Orders shall be accepted by the Supplier from the District’s representatives between 8 a.m. and 5 p.m., Monday through Friday, excluding State holidays.

The District shall endeavor to place all orders at least forty-five calendar days prior to the date of desired delivery.

3. Point(s) of Delivery.

A. The product shall be delivered to the District at the JBWRF between the hours of 8 a.m. and 3 p.m., Monday through Friday, excluding State holidays. The address to which the delivery shall be made is:

Jordan Basin Water Reclamation Facility 13826 South Jordan Basin Lane Riverton, UT 84065

B. The Supplier shall make the deliveries no later than forty-five calendar days after an order has been placed.

C. Deliveries shall be made in approximately 1,650 pound lots, delivered in “super sacks.”

D. The District shall furnish all materials handling equipment necessary at the JBWRF to transfer the Product from Supplier’s transport provider onto the District’s facilities

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E. All delivery vehicles, cargo trailers and related equipment shall be in good working condition and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued.

F. The Supplier shall be responsible for delivering the Product in a manner that meets all safety requirements for the Product; and shall include a Safety Data Sheet (SDS) prior to or concurrent with each delivery.

G. Upon arrival at the District’s facility, approval to unload must be obtained from the Solids Lead or facility operator receiving the shipment. Prior to unloading, the Supplier shall be required to furnish to the District the following items: the Supplier’s shipping invoice; an Affidavit of Compliance-Warranty; and a shipping manifest. Failure to furnish any of these items may result in rejection of the delivery.

H. After unloading the Product, the truck driver shall obtain approval to leave from the Solids Lead or operator. Approval to leave will be granted after the site has been inspected for spillage or damage caused by the truck driver. All such spillage must be cleaned up before obtaining approval to leave the site. Any damage found shall be documented by the Solids Lead or operator and paid for by the Supplier upon billing by the District.

4. Affidavit of Compliance-Warranty

A. The SUPPLIER shall submit an Affidavit of Compliance Warranty with each delivery of the Product.

B. The Affidavit of Compliance-Warranty shall contain technical details for the product including chemical composition; date of manufacture; lot or batch number from manufacturer;

etc.

C. The Affidavit of Compliance-Warranty shall be in the form described in Part G;

Exhibit “4” to these Procurement Documents.

D. The person(s) authorized to certify the Affidavit of Compliance-Warranty for the Supplier shall be as stated on the bid.

5. Where deemed appropriate by the District, sampling of the Product will be performed prior to accepting the Product.

A. Where appropriate and when due to difficulties obtaining a representative sample of the Product, the Supplier shall provide the District with a sealed sample of the Product taken during loading of the delivery trailer. The sample shall be representative of the product delivered to the District.

B. Each sample shall be labeled with the date, chemical name, shipping invoice number, and sampler’s name.

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C. A chain-of-custody form shall accompany each sample and shall be properly completed by the operator collecting samples.

6. Shipping Manifest. The shipping manifest shall contain the gross weight of the product delivered

7. Testing. The District reserves the right to test any, all, or none of the deliveries for compliance with the technical specifications. In determining acceptability of the delivered product, the District will use the laboratory facilities owned and operated by the District, or may utilize the services of an independent testing laboratory.

8. Safety Data Sheet. The Supplier shall furnish a copy of a competed SDS with the bid. Failure to furnish a completed SDS may result in rejection of the bid.

-- End of Part F; Technical Specifications --

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PART G

EXHIBITS TO PROCUREMENT DOCUMENTS

1. Polymer Performance Testing Procedure

2. Total Cost Calculator

3. Chemical Specification Sheet

4. Affidavit Of Compliance-Warranty

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EXHIBIT “1”

Polymer Performance Testing Procedures

SPECIFICATIONS

In accordance with the Polymer Performance Testing Procedures presented below, full scale Polymer tests will be conducted from March 23 through April 10, 2026 and August 10 through August 28, 2026 at the Jordan Basin Water Reclamation Facility located at 13826 South Jordan Basin Lane, Riverton, Utah. Bidders must schedule testing by calling John Gallagher, Operations Supervisor, at (385) 202-2745. Bids will not be accepted from suppliers who fail to fully participate in the testing procedures.

The District will provide the Bidder with a relatively consistent supply of an aerobically processed sludge with a solids concentration of 0.8-1.5 percent (typically 1.2 percent). The District will operate a centrifuge feed pump and supply sludge at a rate of approximately 120- 200 gpm. The dewatering centrifuge to be used during testing is a GEA/Westfalia Model UCD 755-00-34, operating at 2,700 rpm.