1-25-213-B Solicitation Packet 2025-08-21.pdf

REQUEST FOR BID NO. 25-213-B

LIQUID AMMONIUM SULFATE

PRE-BID MEETING:

Tuesday, September 2, 2025, at 10:00 AM Central

BID SUBMITTALS ARE DUE PRIOR TO:

Friday, September 12, 2025, at 10:00 AM Central

BID MAY BE SUBMITTED ELECTRONICALLY TO (Registration is free):

ntmwd.bonfirehub.com

DOCUMENTS MAY BE DELIVERED TO:

NORTH TEXAS MUNICIPAL WATER DISTRICT

PROCUREMENT DEPARTMENT

501 E. BROWN STREET

WYLIE, TX 75098

DOCUMENTS MAY BE MAILED TO:

PROCUREMENT DEPARTMENT

PO BOX 2408

WYLIE, TX 75098

NORTH TEXAS MUNICIPAL WATER DISTRICT CONTACT:

Nancy Leyva nleyva@ntmwd.com

INSTRUCTIONS TO BIDDERS

1. REQUIRED INFORMATION

The North Texas Municipal Water District’s (NTMWD) solicitation packets contain various documents that require completion by the bidder. Said information must be completed and submitted prior to the closing date and time for the submission of bids. Failure to provide required information may result in the rejection of your bid.

2. SUBMISSION OF BIDS

A response to a Request for Bid (RFB) may be submitted to NTMWD by any of the following means:

• Electronically submitted via ntmwd.bonfirehub.com;

• Hand delivered to the North Texas Municipal Water District Administrative Building, 501. E. Brown Street, Wylie, Texas 75098;

• Mailed to the North Texas Municipal Water District, Procurement Department, at P.O. Box 2408, Wylie, Texas 75098;

• No oral, telegraphic, telephonic, or facsimile submittals will be considered or accepted.

3. OFFICIAL TIME & LATE SUBMITTALS

The time clock at the North Texas Municipal Water District front receptionist area shall be the official time of receipt for all responses to a RFB submitted in hard copy paper form. All submittals received after the submission deadline shall be rejected. Absolutely no late submittals will be considered. Bidder will be notified of the rejected late bid submission and will advise NTMWD as bidder’s desired disposition of the bid submittal by either (1) pick up, (2) return at bidder’s expense, or (3) destroyed with written authorization of the bidder. If bids are sent by USPS to the Administration Building, the bidder shall be responsible for actual delivery of the bid to the Administration Building before the advertised date and hour for opening of bids. If mail is delayed either in the postal service or in the internal mail system of NTMWD beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be disposed of as authorized.

4. NOTIFICATION

NTMWD uses www.bonfire.com and The Wylie News to disseminate notification of bid opportunities. NTMWD shall not be responsible for receipt of notification and information from any source other than those listed above. It shall be the Bidder’s responsibility to verify the validity of all information received by sources other than those listed.

5. ELECTRONIC SUBMITTALS

NTMWD exclusively uses Bonfire for the electronic notification and dissemination of all bids. The receipt of documents through any other company may result in the receipt of incomplete specifications and/or addenda. NTMWD accepts no responsibility for the receipt and/or notification of solicitations through any other company.

To streamline the solicitation process, all Bidders are highly encouraged to utilize the Bonfire system. There is no cost to the Bidder to download or respond to NTMWD solicitations on Bonfire. Even though electronic response submission are recommended, Bidders may continue to submit a hard copy, paper bid directly to NTMWD if desired.

6. MODIFICATION AND WITHDRAWAL

Bids may be withdrawn at any time prior to the official opening of the bids. Alterations made by a bidder before opening time must be initialed by bidder guaranteeing authenticity and must be resealed. After the official opening, bids become the property of NTMWD and may not be amended, altered, or withdrawn without the authorization of the Procurement Manager.

7. BID OPENINGS

All submittals will be opened and presented according to the legal requirements for the type of solicitation at the designated time and place specified in the solicitation. However, the reading of a bid at the opening should not be construed as a comment on the responsiveness of such bid or as any indication that NTMWD accepts such bid as responsive. NTMWD will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, NTMWD purchasing guidelines, and project documents, including but not limited to the specifications and required submittal documents. NTMWD will notify the successful bidder upon award of the contract and, according to State law, all bids received will be available for inspection at that time.

8. BID SUBMISSIONS

Due care and diligence has been used in preparation of the information contained in this request for bids, and the information is believed to be substantially correct. However, it is Bidder’s responsibility to determine the full extent of its exposure and to verify all information presented in the request for bids. NTMWD and its representatives are not http://www.bonfire.com/ responsible for any errors or omissions in these specifications. Additionally NTMWD and its representatives are not responsible for Bidder’s failure to determine the full extent of the exposure and risk associated with this request for bids.

This bid is issued in compliance with the NTMWD Purchasing Policy and with authorization from NTMWD’s Board of Directors.

A. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or other irregularities of any kind. However, NTMWD reserves the right to waive any irregularities and to make one or more awards in the best interest of NTMWD.

B. NTMWD reserves the right to accept or reject in part or in whole any bids submitted and to waive any technicalities in the best interest of NTMWD. Bids may be rejected, among other reasons, for any of the following specific reasons:

• Bids containing any irregularities, and

• Unbalanced value of any items.

C. Bidders may be disqualified and their submissions not considered, among other reasons, for any of the following specific reasons:

• If NTMWD believes collusion exists among the bidders;

• Reasonable grounds for believing that any bidder has an interest in more than one bid for the work contemplated;

• The bidder having an interest in any litigation against NTMWD;

• The bidder being in arrears on any existing contract or having defaulted on a previous contract;

• Lack of competency as revealed by a financial statement, experience, equipment, questionnaires, etc.; and

• Uncompleted work which, in the sole judgment of NTMWD, will prevent or hinder the prompt completion of additional work, if awarded.

D. It is the bidders’ sole responsibility to print and review all pages of the bid document, attachments, questions and their responses, addenda and special notices.

E. When in the best interest of NTMWD, NTMWD reserves the right to request additional information or clarification from bidders to determine bidders’ ability to meet the requirements specified by this bid.

F. NTMWD reserves the right to reject any of all submissions without cause prior to award, to waive formalities, or to proceed otherwise when in the best interest of the NTMWD.

9. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Bidders must examine the Solicitation, make observations and investigations, correlate knowledge and observations with the requirements of the Solicitation and consider these in preparation of a bid for the project.

B. Bidders must read the Solicitation and related technical data and reports thoroughly. Use a complete set of Solicitation Documents in preparing Bids. Assume responsibility for errors or misinterpretations resulting from the use of partial or incomplete documents.

C. Bidders may visit the sites to become familiar with general, local and site conditions that may affect cost, progress, or performance of the work in any manner.

D. Bidders must become familiar with federal, state and local laws, ordinances, rules, and regulations affecting cost, progress, or performance of the work.

E. Bidders should make additional visits and investigations as necessary to determine the bid price for performance of the work in compliance with the terms of the Solicitation before submitting a bid. Cost associated with these investigations is to be paid by the Bidders.

F. By the submission of a Bid for this project, Bidders acknowledge sole responsibility for job site safety.

G. The submission of a Bid is an incontrovertible representation by the Bidder that Bidder has complied with every requirement of this Section.

10. UNIT OF MEASURE

Responses to the RFB must be submitted in the units of measure specified in the bid pricing form.

11. INTERPRETATIONS

Bidders must submit all questions about the meaning or intent of the Solicitation to NTMWD in writing by the question due date and time. Replies are issued by Addenda to all parties recorded as having received the bidding documents.

Only questions answered by formal written Addenda are binding. Oral and other interpretations or clarifications will be without legal effect.

12. ADDENDA

Any interpretations, corrections, or changes to this bid will be made by written addenda. Sole issuing authority of addenda shall be vested in NTMWD’s Procurement Department. Addenda will be issued via ntmwd.bonfirehub.com. It is the responsibility of the bidder to ensure receipt of all addenda, and acknowledge by signing and including with the bid submittal.

13. CONFIDENTIALITY

A. Any material that is to be considered confidential must be clearly marked as such and shall be treated as confidential to the extent allowable under Chapter 552, Government Code.

B. The Texas Public Information Act gives the public the right to request access to government information, subject to certain narrow exceptions. NTMWD is an entity subject to this Act. Therefore, please be advised that your company's declaration that certain information submitted in response to a bid request is "confidential" will not be treated as such if NTMWD receives a request for a copy of the bid proposal. NTMWD will of course make an effort to inform your company of such a request and to provide you with an opportunity to object to the release of any proprietary information, but NTMWD cannot and will not make an agreement to withhold information from the public contrary to NTMWD’s responsibilities under the Act.

C. To the extent your response is incorporated into the contract, that contract will become an official record available for public inspection.

D. Bids shall be opened so as to avoid disclosure of contents to competing bidders and kept secret during the process of awarding a contract. All bids that have been submitted shall be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in the submission and identified as such.

14. BID TABULATIONS

As-Read Bid tabulations will be electronically posted to ntmwd.bonfire.com within forty-eight (48) hours after the bid opening.

15. PREPARATION COSTS

NTMWD will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to this bid.

16. TAXES

NTMWD is exempt from Federal Excise and State Sales Taxes. Tax must not be included in the pricing.

17. PRICING

Prices must be firm for a minimum of ninety (90) days from the date of the bid closing. In the case of an annual contract, the prices must remain firm for the period as specified in the solicitation.

18. BIDDER QUALIFICATIONS

A prospective Bidder must meet the following minimum requirements:

• Must have adequate financial resources, or the ability to obtain such resources as required;

• Must be able to comply with the required or proposed delivery/completion schedule;

• Must have a satisfactory record of performance;

• Must have a satisfactory record of integrity and ethics;

• Must be otherwise qualified and eligible to receive an award;

• NTMWD may request representation and other information sufficient to determine the Bidder’s ability to meet these minimum standards listed above.

19. AWARD OF CONTRACT

NTMWD reserves the right to award this contract by one of the following methods. The method selected will be in the best interest of NTMWD, as determined by the Procurement Manager.

• To the lowest responsible Bidder(s), bidding all items and meeting all specifications;

• To one or more Bidders, if deemed in the best interest of NTMWD;

• To the lowest responsible Bidder(s) meeting specifications per line item;

• If specified, to the low Bidder(s) meeting specifications, per category. To qualify for an award of a category, a Bidder must bid all items within that category. If all items of a category are not bid by all Bidders, award shall be made in the best interest of NTMWD;

• To the Bidder(s) who provide the goods or services specified in the solicitation at the best value to NTMWD.

• NTMWD reserves the right to compare all bids against any State and/or Interlocal contracts in determination of the award of this bid.

[END OF SECTION]

SPECIAL CONDITIONS

1. GENERAL INFORMATION

The North Texas Municipal Water District (NTMWD) is soliciting sealed bids for an annual contract purchase of Liquid Ammonium Sulfate in accordance with the specifications provided herein.

2. PRE-BID MEETING

A pre-bid meeting will be on Tuesday, September 2, 2025, at 10:00 AM Central via Webex. It is highly recommended that all bidders attend the pre-bid meeting. Bidders may ask questions about the specification and bid process during the meeting. Questions and answers will be made in the presence of all attendees. If a question cannot be answered during the meeting, answers will be provided via a written addendum and distributed through ntmwd.bonfirehub.com.

URL:

https://ntmwd.webex.com/join/nleyva

OR

TEL: 1-415-655-0001 or 844-621-3956 Access Code: 2590 090 3440

3. DURATION OF AGREEMENT

A. The initial term of this agreement shall commence on the date of the last signatory and shall be for a period of one

(1) year. The agreement will automatically renew under the same pricing, terms, and conditions for four (4) additional one-year periods unless NTMWD provides Contractor with written notice of its intent to terminate the agreement at least sixty (60) days prior to the expiration of the current term. If said notice is given by NTMWD, the agreement shall terminate at the conclusion of the current one-year term. In no event shall the entire term of this agreement exceed five (5) years.

B. Prices changes are subject to the Price Adjustment provisions of this Contract.

C. NTMWD reserves the option to temporarily extend this service for an additional ninety (90) days from its expiration date for any reason without exercising the renewal options outlined in Section 2(A) herein.

4. BID QUESTIONS & CLARIFICATION

All questions regarding this request for bid shall be submitted in writing on ntmwd.bonfirehub.com no later than 4:00

PM Central on Wednesday, September 3, 2025. All questions will be addressed in an addendum. Questions received after the deadline may not be answered.

5. ESTIMATED ANNUAL CONTRACTS

The quantities specified are estimates of our projected annual requirements. The award of an estimated annual contract allows NTMWD to use the items and services as the requirements and needs of NTMWD arise on an annual basis and during any subsequent renewal period(s). Quantities may be increased beyond the estimated quantities listed in this bid, as necessary, provided funding is available. Quantities may be decreased below the estimated quantities l isted in this bid, as necessary, if funding is not available or if items and services are no longer needed. NTMWD is not obligated to pay for or use a minimum or maximum amount of items or services and payment will be made pursuant to the unit prices bid in the contract. The Contractor shall have no claim against NTMWD for anticipated profits for the estimated quantities listed, diminished, or deleted.

6. BID SUBMITTAL REQUIREMENTS & OPENING

A. If paper bids are submitted, each firm shall submit one (1) original copy of their bid, including all supporting documentation. Paper bids must clearly show Bid No. 25-213-B. If bids are submitted electronically, the Bidder shall make sure all required supporting documentation is uploaded into the Bonfire system. Failure to provide requested information in this request for bid may result in disqualification from consideration. Bids shall be accepted until 10:00 AM Central Time on Friday, September 12, 2025. No late bids will be accepted.

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

URL:

https://ntmwd.webex.com/join/nleyva

OR

https://ntmwd.bonfirehub.com/contracts/36875/people

TEL: 1-415-655-0001 or 844-621-3956 Access Code: 2590 090 3440

C. The following documents must be included with this bid. Failure to supply the required forms may deem you non-responsive:

• Bid Signature Form

• Bid Pricing Form

• Safety Data Sheet(s)

• Disaster Recovery Plan

• Laboratory Analysis

• References

7. METHOD OF AWARD

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

8. SAFETY DATA SHEETS

The contractor(s) shall furnish Safety Data Sheets (SDS), 29 CFR 1910.1200(g), on all chemicals and hazardous materials specifying the generic and trade name of product, product specification, and full hazard information including receiving and storage hazards. Instructions, special equipment needed for handling, information on approved containers, and instructions for the disposal of the material are also required. The SDS, instructions and information must be included with each shipment, to each location under the contract and to that location again if any of the following occur:

• Any change in composition of the product

• Any change in manufacturing / production / packaging process

• Any change in the distributor’s supplier

• Any change in the label, packaging, brand name

9. LABORATORY ANALYSIS

The contractor(s) shall furnish, by attachment to the Bid, a typical analysis of Liquid Ammonium Sulfate. This analysis shall have been made using the methods described in AWWA Standard B302-05 or the most current version. The contractor(s), on an annual basis, or at any time there is a change in the manufacturing practices through the term of this Contract, shall submit such typical analysis.

10. DISASTER RECOVERY PLAN

The Contractor will provide, as part of this bid submittal, a Disaster Recovery Plan. The Contractor will attach, as a separate document, the Disaster Recovery Plan in the order as outlined below. The plan will thoroughly describe the following:

A. How your company will provide product to NTMWD on a timely basis in the event of disruption in the flow of the product, or raw materials needed to produce it, to the distribution facility that is primarily expected to provide the chemical.

B. How your company will handle the following at your distribution facility: power outages, spills, scheduled and unscheduled plant shut downs, strikes, bad weather, large increases in demand for product, logistics (rail, trucking etc.) to and from your distribution facilities, contract hauler issues, plant personnel turnover, etc.

C. Identify all sources of raw materials required to manufacture the product and indicate whether they are of domestic or foreign origin. Indicate whether raw materials are railed or trucked to your local facility and if the product is manufactured locally? List all the locations, manufacturer names, contacts, and telephone numbers, etc.

D. Provide a copy of your company’s safety plan, or your contract hauler’s safety plan, as it relates to driver selection and training, spill response, and emergency procedures when transporting and off-loading chemicals at client sites.

E. List all the key personnel at your distribution facility, including: telephone numbers, fax numbers, cell numbers, emergency numbers, toll free numbers, etc.

F. Any other factors which might be helpful in the event of implementing this Disaster Recovery Plan.

G. Identify the primary and all secondary suppliers of the product.

H. Your company’s security plan and/or procedures, or your contract hauler’s security plan and/or procedures, as it relates to the security of chemicals being produced at your facilities and transported by your drivers or drivers of your contract hauler.

NTMWD will not be responsible for any additional costs associated with this Disaster Recovery Plan in the event of its implementation.

[END OF SECTION]

SPECIFICATIONS

1. QUALITY

NTMWD is soliciting bids for Liquid Ammonium Sulfate (LAS), to be used in the disinfection processes at NTMWD

Water Treatment Plants. The LAS shall be certified as meeting ANSI/NSF Standard 60: Drinking Water Treatment

Chemicals – Health Effects. The LAS shall meet or exceed all requirements of AWWA Standard No. B302-05.

LAS shall contain 9.8 to 10.3 percent NH3. LAS is a nearly colorless liquid with a specific gravity of 1.21 to 1.23 mg/L.

LAS for use in potable water must be ANSI/NSF 60 certified and must conform to A.W.W.A. Standard B302-05 for ammonium sulfate. The method of analysis shall be in accordance with A.W.W.A. standard B302-05.

2. WARRANTY

The bidder shall warrant that all deliveries made under this contract are of good quality and conform to ANSI/NSF Standard 60. NSF 60 certification shall be supplied with each chemical delivery. Furthermore, the material furnished shall contain no soluble mineral or organic substances in quantities capable of providing deleterious or injurious effects on the health of those consuming the water, or that would otherwise render unfit for public water supply use the water which has been treated properly with the material.

3. ORDERING PROCEDURES

Orders furnished under this contract will be placed to suit NTMWD’s requirements throughout the contract period.

Orders will be placed by NTMWD authorized representatives, a Senior Level Operator or the Water Operations Assistant, via email. The Contractor shall provide email address(es) where the orders and attachment will be sent.

Within twenty-four (24) hours of receiving an order, the Contractor shall confirm by sending an email reply to the email address of the requesting treatment plant, as listed in POINT OF DELIVERY. The Contractor’s confirmation email shall state acceptance of NTMWD’s requested delivery date or shall propose a modified delivery timetable.

Additional orders or order cancellations will be made through the same email exchange.

NTMWD’s LAS usage can vary significantly on a day-to-day or week-to-week basis due to changes in weather or other factors. The Contractor shall make all attempts to accommodate these changes in demand.

4. SHIPPING INSTRUCTIONS

Shipments to each of the NTMWD treatment plants shall be via Bulk Tanker Truck.

Prior to arrival of the chemical delivery at the receiving water treatment plant, Contractor shall send the NTMWD confirmation to the applicable receiving water treatment plant email address along with the following information:

• Hatch and connection seal numbers on the tanker

• truck and trailer numbers

• hatch and connection seal numbers

• the Certificate of Analysis

• date and estimated time of arrival

The Contractor shall call the receiving water treatment plant when the delivery truck leaves the Contractor’s (or contract carrier’s) facilities. All shipping documents shall include the following information:

• Product name

• contract number

• truck and trailer numbers

• hatch and connection seal numbers

• the Certificate of Analysis

5. DELIVERY

Packaging or shipping of all Liquid Ammonia Sulfate (LAS) shall conform to current Federal, State, and local regulations. NTMWD requires that weight certificates from a certified scale accompany bulk shipments. Failure to do so may result in rejection of material by NTMWD. LAS may be shipped in suitable lined tank trucks of greater than 3500-gallon capacity. LAS shall be delivered in trucks equipped with self-pressurized pneumatic system with applicable hoses for unloading into a two-inch (2") quick coupling, system must provide sufficient discharge pressure for transfer to distant or elevated storage tanks. The truck shall be equipped to allow the hoses to be evacuated with air pressure either during or after unloading to minimize the chance of spillage. No spillage from the hoses while connecting or disconnecting to NTMWD facilities will be allowed. The supplier must clean up any spillage immediately. All containers must be labeled in accordance with D.O.T. requirements.

Shipments are required within one (1) working days after receipt of order, unless otherwise scheduled and approved by NTMWD. NTMWD requires that deliveries be made on weekends and on holidays as requested. Deliveries must normally be made during daylight hours. Deliveries may be accepted during the nighttime with prior approval by the Senior Plant Supervisor or Water System Manager.

6. POINT OF DELIVERY

Prices bid for materials must be for deliveries FOB Destination at the location(s) specified below. Title to any shipment shall be held to pass only upon actual delivery and acceptance at the designated delivery point(s).

NTMWD personnel will visually inspect the load and check seals for adherence to contract requirements prior to accepting the delivery. All deliveries shall be made by truck between the hours of 7:30 A.M. and 2:30 P.M. Central Time, Monday through Friday.

Bonham Treatment Plant

2073 FM 273

Bonham, TX 75418

Leonard Treatment Plant

17600 S State Highway 78

Leonard, TX 75452

Tawakoni Treatment Plant

18015 CR 329

Terrell, TX 75161

Wylie Treatment Complex – Plants I and II 810 Highway 78 North

Wylie, TX 75098

Wylie Treatment Complex – Plants III and IV 775 Lynda Lane Wylie, TX 75098

All deliveries to the NTMWD Tawakoni Treatment Plant must be via FM 429 at Ables Springs onto County Road 330; from there, continue to the water treatment plant. All trucks must enter and leave via this route.

7. AUTHORITY FOR DELIVERY

Deliveries of the material purchased under the terms of this contract are to be made if, as and when required and ordered by the System Manager or designated representative of NTMWD, and at such intervals as directed by the System Manager.

8. REJECTION OF DELIVERIES

NTMWD may reject and refuse delivery of any shipment which falls below the quality designated in these specifications. If the material does not meet the requirements of this specification, the Contractor shall remove the material from the premises of the NTMWD, at no cost to NTMWD, or a price adjustment may be agreed on between the Contractor and the NTMWD. NTMWD shall not be held to have accepted any shipment until after analysis of the material and inspection of the container(s) and NTMWD has had an opportunity to exercise this right of rejection.

9. TESTING OF DELIVERIES

The quality in each lot of LAS may be determined from the analysis of a five-part composite sample collected on the arrival of such lot at the point of delivery. The total sample volume needed shall be two liters. A NTMWD representative will take representative samples from each delivered shipment for a composite sample. This composite sample shall be divided into three (3) equal portions: one for NTMWD for immediate testing, one for the vendor if requested within five (5) days of date of sampling, the third sample shall be retained with seal unbroken to be tested by an independent testing laboratory selected by both parties. The analysis of the testing laboratory shall be final and binding upon both parties.

10. BASIS OF PAYMENT

The basis of payment shall be the net weight of liquid ammonia sulfate supplied at a minimum 9.8% solution. No additional payment will be made for any shipment of liquid ammonia sulfate that exceeds the 10.3% solution.

11. SECURITY REQUIREMENTS FOR BULK DELIVERIES

After filling the delivery trailer at the loading location, the valve hood bonnet, all hatches and connection caps shall be sealed against tampering. The seals shall be uniquely numbered and tamper evident as defined in Section 6.2.4 of ANSI/AWWA Standard No. B302-05 or latest revision, or an alternative method as approved by NTMWD. The seal numbers shall be recorded and disclosed on shipping documents. Seals will be inspected at the point of delivery and evidence of tampering or removal will be reported to the carrier and the Contractor and the load may be rejected.

12. WEIGHING DELIVERED PRODUCT

All bulk truckload deliveries shall be accompanied by one scale ticket from a state certified scale indicating the following:

• the name of the scale company

• the scale company’s location

• date

• truck and trailer numbers

• gross weight

• tare weight

• net weight

The weight tickets shall be for the actual load delivered to NTMWD. Weight tickets that do not identify the required information will be grounds for rejecting a shipment. An alternative method of determining weight for liquid chemical products is to provide a single totalized weight determined by the use of a mass flow meter on the trailer fill line. If this method of determining weight is selected, the Contractor must provide to NTMWD the Certificate of Calibration from an independent, third party. The certification must be made annually and copies of the certification results provided to NTMWD Purchasing Department.

NTMWD reserves the right to determine the quantity delivered through online instrumentation or weighing after offloading, at the Contractor’s expense, if it believes weight tickets are inaccurate or that an entire shipment was not offloaded. It further reserves the right to make payments based on this determination.

NTMWD reserves the right to withhold payment until all weight tickets have been received and verified.

13. SPILLS AND LEAKS

Any and all chemical spills or leaks caused by chemical delivery drivers, delivery trucks/trailers or their associated equipment must be cleaned up immediately at the expense of the Contractor. This is to include any and all spills or leaks occurring on NTMWD property. Delivery drivers are not to add water to or attempt to clean up spills or leaks prior to NTMWD personnel assessing the spill/leak. If NTMWD personnel are not readily available, the delivery driver shall immediately notify NTMWD and take reasonable actions to contain/clean up the spill until NTMWD personnel arrive and assess the spill. Any and all spills or leaks that are not remediated by the chemical vendor will be done so by NTMWD and the service of such will be billed to the chemical vendor.

14. REQUIRED DOCUMENTATION

A current SDS sheet, a certificate of analysis of the product, definitive product identification and NSF 60 certification shall be included with each shipment. Weights must be determined by use of certified scales and a weight ticket must be provided with each load.

15. ESTIMATED QUANTITIES

NTMWD will require approximately 9,000 tons of LAS each year. Quantities could be as much as or in excess of

1,300 tons per month during peak demand season.

16. CHEMICAL RECEIVING

A standardized approach to unloading trailers filled with potentially hazardous chemicals follows:

A. ENTERING PLANT SITE

The driver will:

• Check in with the gate security guard (Wylie Complex), or main control room (Leonard, Bonham or Tawakoni)

• Verify contents of shipment with Security using Bill of Lading.

• Receive map of facility and directions from control room (if needed)

The control rooms will:

• Confirm what chemical is being delivered.

• Confirm that UN placard on truck is for designated chemical.

• Confirm what plant and location the chemical will be delivered to.

• Direct the driver to proceed to the designated chemical unloading location.

• Dispatch an operator to the chemical unloading location. The shipment will be met at the delivery point by an operator.

B. BEFORE UNLOADING

The operator will:

• Verify chemical contents by reviewing the Bill of Lading.

• Check tanker seal and record seal number.

• Verify UN number on trailer placards matches corresponding chemical.

• Not allow transfer if there is any discrepancy in paperwork and notify Control Room of concerns.

• Check that there are machine printed unloaded and loaded weight tickets

• Check the level of the storage tank to be sure it will accept load.

• Identify the proper unloading port for the chemical to be unloaded.

• Unlock the fill line to the storage tank.

• Instruct the driver to remain at the unloading station during unloading.

• Make sure spill prevention equipment, such as a 5-gallon bucket to catch drips, is in use.

• Make the driver aware of safety shower and eyewash locations.

• Contact the Control Room when transfer begins.

The driver will:

• Have and use the proper personal protective equipment (PPE).

• Turn on the vehicle’s emergency flashers.

• Place orange safety cones in front of and behind the vehicle.

• Use portable spill containment equipment, such as a 5-gallon bucket, where needed to catch drips.

• Connect the chemical transfer hose.

• Connect the air padding hose (if needed).

The operator will:

• Initial the bill of lading and driver’s paperwork if applicable (include date and time) to signify it is OK to start unloading.

• Enter information on Chemical Delivery Log.

The operator and driver will:

• Check that the transfer hose (and air hose) are securely connected and have no leaks.

• Confirm when unloading will be completed.

C. AFTER UNLOADING

The driver will:

• Notify the Main Control Room that that the unloading is completed.

• Wearing proper PPE, relieves air pressure and disconnects transfer hose.

• Cap both ends of the transfer hose and store it properly.

• Remove orange safety cones.

• Turn off the vehicle’s emergency flashers.

The Main Control Room will:

• Dispatch an operator to the chemical unloading location

The operator and driver will:

• Check area for evidence of spills.

• Sign Bill of Lading (include date and time).

The operator will:

• Install lock on fill line.

• Keep a copy of the Bill of Lading and other paperwork at the chemical building office to turn in at the end of the day.

The driver will:

• Check out with main control room.

17. ADDITIONAL INFORMATION

A. NTMWD does not pay container deposits, but will return reusable containers at Contractor’s expense.

B. Successful contractors may be required to submit a sample together with a certified analysis upon request by the NTMWD prior to award of a contract.

C. Contractor must disclose in its bid the name(s) of any person or entity who shall, during the duration of the

Chemical Supply Agreement, serve as a supplier or subcontractor for the labor, materials, and/or transportation to be provided by Contractor to NTMWD under the terms of the Agreement. All such listed persons or entities shall be evaluated by NTMWD, along with the Bidder, to determine the lowest responsible bidder.

D. In order to protect load zoned roads and to avoid impacting residential areas, specific routes may be designated for some chemicals and delivery sites. If a route is specified, deliveries must be made using the designated route with no deviations allowed. It is the responsibility of the successful bidder to guarantee compliance by the transport drivers and all such compliance shall be at the sole cost and expense of the Contractor.

E. The successful contractor shall be required to submit regularly printed literature as published by the factory, which sets out and describes the equipment or materials to be furnished. Upon award of the bid(s) the successful contractor(s) shall be required to provide Safety Data Sheets for each chemical at each location.

F. It is the responsibility of the successful contractor(s) to provide all transport drivers and employees with Personal Protective Equipment (PPE) and related safety equipment as appropriate for the chemical provided.

BID PRICING FORM

Line Item

Description

Unit of

Measure

Unit Price

Estimated Quantity

Extended Price

Liquid Ammonium Sulfate - Bonham WTP – Bonham, Texas

Truck Load

Wet Ton 30

Leonard WTP – Leonard, Texas

Wet Ton 725

Tawakoni WTP – Terrell, Texas

Wet Ton 245

4 Liquid Ammonium Sulfate – Wylie Complex – Wylie, Texas

Wet Ton

8,000

*Unit prices shall be the price per wet ton delivered.

TOTAL PRICE $

SUBCONTRACTORS and SUPPLIERS to CONTRACTOR (if any):

FIRM NAME TELEPHONE NO.

ADDRESS

FIRM NAME TELEPHONE NO.

ADDRESS

FIRM NAME TELEPHONE NO.

ADDRESS

INSURANCE REQUIREMENTS

Contractors doing business with NTMWD shall have, at minimum, the following insurance coverages and limits for the duration of the contract:

1. COMMERCIAL GENERAL LIABILITY – covering bodily injury and property damage (including property of NTMWD, its officers, agents and employees) with minimum limits on a per project basis of One Million Dollars ($1,000,000) occurrence, Two Million Dollars ($2,000,000) aggregate for premises/operations and One Million Dollars ($1,000,000) occurrence, Two Million Dollars ($2,000,000) aggregate for products/completed Operations.

2. AUTOMOBILE LIABILITY - covering all operations of Contractor pursuant to this contract involving the use of motor vehicles, including all owned, non-owned and hired vehicles with minimum limits of not less than Five Hundred Thousand Dollars ($500,000) combined single limit for bodily injury, death and property damage liability.

3. WORKERS’ COMPENSATION – in full accordance with the requirements of the state of Texas and shall include bodily injury, occupational illness or disease coverage with minimum Employer’s Liability limits of not less than Five Hundred Thousand Dollars ($500,000/$500,000/$500,000). These limits do not affect the payment of medical expenses or lost wages to injured employees.

4. Waiver of Subrogation – The Commercial General Liability, Workers Compensation and Auto insurance required pursuant to this Contract shall provide for waivers of all rights of subrogation against NTMWD, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent the loss, if any, is covered by the proceeds of insurance.

5. Additional Insured Status – All insurance shall be endorsed to name NTMWD, its officers, and employees as additional insureds as to all applicable coverage except for the Workers Compensation Insurance.

6. Proof of Carriage of Insurance – All certificates of insurance will be required in duplicate and filed with NTMWD.

7. All certificates shall provide North Texas Municipal Water District with an unconditional thirty (30) days’ written notice in case of cancellation or any major change to Contractor’s insurance policies or the contractually required coverages mentioned herein.

8. All copies of the certificates of insurance shall reference the project name and/or bid number for which the insurance is being supplied.

9. The Contractor is responsible for making sure any sub-contractor(s) performing work under this contract have the required insurance coverage(s) and supply NTMWD with the proper documents verifying the coverage.

10. The certificate of insurance shall cite the bid/contract number.

11. The certificate of insurance shall include the following name and address as the Certificate Holder:

North Texas Municipal Water District 501 E. Brown St Wylie, Texas 75098

ANNUAL PRICE ADJUSTMENTS

A. The unit prices of all items purchased under an estimated annual contract are firm for the first annual period of the agreement. A price adjustment upward or downward may be requested by either the Contractor or NTMWD by the application of the formula set forth in (B) below. The Contractor must submit the price adjustment request to NTMWD ninety (90) days prior to the expiration of the current term. The index to be used in the computation of the price adjustment shall be the Argus North American Fertilizer Index. The index identification is as follows:

North American Price List: Ammonium Sulfate (g) $/st Houston/Pasadena fot

B. The index published in the month of August (of the prior year) shall be used as a base for determining price adjustment(s) for the upcoming renewal period. If a renewal option is exercised and a price adjustment is requested, the index published at the time of a contract renewal shall be used as the method for determining a price adjustment for the subsequent renewal period. Contract price adjustments shall be determined as follows: Unit Price X% change (the index published at the time of contract renewal divided by the base index at the time of the most recent contract period) if the index equals the amount of price change. There shall be a minimum of at least twelve months between price adjustments for contracts with multiple renewal options.

Example: May 2025 Index / May 2024 Index – 1 = Percentage Increase

252.14 / 245.51 – 1 = 2.70% Increase

Base Unit Price x [1+Percentage Increase] = New Unit Price $50.00 x [1.027] = $51.35

C. At the time of renewal, the Contractor may submit a written request for price adjustment and such request shall include the new proposed unit price(s) and the calculation for the price adjustment request.

D. If approved by NTMWD, in its sole discretion, the new unit prices will then be firm for the term of the renewal contract period.

E. If the requested adjustment is not supported by the referenced index, NTMWD, in its sole discretion, may consider approving an adjustment on fully documented market increases.

F. If the requested adjustment is not supported by the referenced index and NTMWD does not otherwise approve an adjustment, the contract will end at the end of the current Contract term and will be re-bid.

GENERAL TERMS AND CONDITIONS

By submitting a bid in response to NTMWD’s Request for Bids (the “Solicitation”), the bidder agrees that the Contract shall be governed by the following terms and conditions. Bidder shall be referred to Contractor below. Unless otherwise specified in the Contract, Sections 16, 17, 18, 19, 20, 21, 22, 32 and 33 shall apply only to a Solicitation to purchase Goods, and Sections 23, 24, 25, 26, 27, 28 and 34 shall apply only to a Solicitation to purchase Services to be performed principally on NTMWD’s property.

1. ADDITIONAL TERMS

No additional terms or conditions of Contractor, whether contained within Contractor’s invoice or otherwise, shall be accepted by NTMWD. Exceptions to terms and conditions may deem you non-responsive.

2. CONTRACTOR’S OBLIGATIONS

The Contractor shall fully and timely provide all Deliverables described in the Solicitation and in the Contractor’s Bid in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations.

3. EFFECTIVE DATE/TERM

Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by NTMWD, and shall continue in effect until all obligations are performed in accordance with the Contract.

4. ASSIGNMENT OF CONTRACT

Contractor shall not sell, assign, transfer or convey this Contract in whole or in part without the prior written consent of NTMWD. NTMWD may withhold consent for any reason or no reason at all.

5. INDEPENDENT CONTRACTOR

The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture.

The Contractor’s services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of NTMWD.

6. SUCCESSORS AND ASSIGNS

Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

7. SEVERABILITY

Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intent of the stricken provision.

8. VENUE

NTMWD and Contractor agree that the contract shall be governed and construed according to the laws of the State of Texas. NTMWD and Contractor agree that venue shall lie exclusively in the State district courts of Collin County, Texas for any legal action arising of and/or relating to this Agreement.

9. FISCAL YEAR FUNDING

The NTMWD's fiscal year begins October 1 and ends the following September 30th. Budget funds are approved by the NTMWD and NTMWD’s Board on an annual basis. In the event the NTMWD’s Board should fail to fund the Contract for any fiscal year during the Contract term, the Contract shall automatically terminate on the last day of the fiscal year for which funding has been approved. Contractor will be given no less than sixty-(60) days written notice of any such non-approval of Contract funding. Termination under this clause shall be without penalty to the

NTMWD.

10. TAXES

NTMWD is exempt from Federal Excise and State Sales Taxes. Tax exemption certificates will be executed by NTMWD and furnished upon request.

11. PAYMENT TERMS AND METHOD

Payment terms are Net 30 for invoices submitted to and approved by NTMWD.

NTMWD utilizes a 3rd party payment provider. Vendors will be required to complete a vendor profile upon award notification to, and select your preferred payment method.

12. INVOICES

Invoices shall be fully documented in accordance with the scope of work. Invoice must include the appropriate Purchase Order number and the NTMWD Work Order Number (if applicable). Payment may be delayed on invoices not listing the Purchase Order number. Invoices should also reference department name, job site location, NTMWD employee requesting goods or services, and a complete breakdown of charges.

The breakdown on the invoice should be in accordance with the bid pricing. If applicable, invoices should provide clear detail and breakdown for labor (to include hourly rate and cost per hour), and mark-up on parts/materials should be provided on the invoice and extended (detail to show vendors cost, and then extended to show markup).

Invoices shall be priced per unit prices as awarded unless Contractor invoices at a discounted unit price. If Contractor invoices for less than the contracted unit price, NTMWD has the right to accept invoice and pay the discounted price as full satisfaction of compensation due the Contractor.

Unless otherwise directed, invoices shall be submitted by mail or email to:

North Texas Municipal Water District

Attn: Accounts Payable

P. O. Box 2408

Wylie, Texas 75098

Email: payables@ntmwd.com

13. INTEREST

NTMWD is not obligated to pay interest on moneys not paid except as provided in Section 2252.032 of the Texas Government Code.

14. SPECIFICATIONS/NAME BRAND

Any catalog, brand name, or manufacturer's reference used is considered to be descriptive, not restrictive, and is indicative of the type and quality NTMWD desires to purchase. Bids on brands of like nature and quality may be considered unless specifically excluded. If bidding on other than reference, bid must certify article offered is equivalent to specifications and it is subject to approval by NTMWD.

15. SAMPLES

Samples if required, shall be furnished free of expense to NTMWD and if not used or destroyed in examination and testing, will be returned to the Bidder, if requested, at the Bidder’s expense. Each sample must be marked with the Bidder's name and address and NTMWD RFB number. SAMPLES SHOULD NOT BE ENCLOSED WITH A BID

SUBMITTAL UNLESS REQUESTED.

16. PLACE OF DELIVERY

The place of delivery shall be that set forth in the specifications. The terms of this contract are “no arrival, no sale.”

17. DELIVERY TERMS AND CHARGES

Deliverables shall be shipped F.O.B Destination to the designated NTMWD facilities unless otherwise specified in the Solicitation. Contractor’s price shall include all delivery and packaging costs. NTMWD assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in the case of damaged or missing goods, shall ship replacement goods immediately upon notification by

NTMWD.

18. DELIVERY PROMISE

When delivery delay can be foreseen, the bidder shall give prior written notice to NTMWD, who shall have the right, in its sole discretion, to extend the delivery date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes NTMWD to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting contractor.

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

19. PACKAGING

Unless otherwise indicated, items provided by the Contractor will be shipped new, unused, in first class condition and in containers suitable for damage free-shipment and storage.

20. TITLE & RISK OF LOSS

The title and risk of loss of the deliverables shall not pass to NTMWD until NTMWD actually receives and takes possession of the goods at the point(s) of delivery.

21. SAFETY DATA SHEETS

Where required by law, contractor will include Safety Data Sheets (SDS) with delivery for applicable items. Failure to include the SDS for such items will constitute a material breach of contract and may result in refusal to accept delivery.

22. RIGHT OF INSPECTION AND REJECTION

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

23. PLACE AND CONDITION OF WORK

NTMWD shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient…