REQUEST FOR PROPOSAL

QUICKLIME (RE-BID)

PROPOSAL NO: RFP49-26

PROPOSALS DUE:

August 19, 2026 @ 1:30 PM (MST)

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EPWATER – PUBLIC SERVICE BOARD

RFP49-26 QUICKLIME (RE-BID)

Contents

PART 1 - REQUEST FOR PROPOSAL

1.1 RFP SOLICITATION INFORMATION

1.2 ESTIMATED TIMELINE

1.3 PROPOSAL CHECKLIST

1.4 OFFEROR INFORMATION

PART 2 – GENERAL CONDITIONS AND SPECIFICATIONS

2.1 SOLICITATION INFORMATION

2.2 SPECIFICATIONS

PART 3 – EVALUATION

3.1 SELECTION PROCESS

3.2 EVALUATION CRITERIA SUMMARY

3.3 EVALUATION SELECTION PROCEDURE

PART 4 – ADDITIONAL RFP INFORMATION AND REQUIRED DOCUMENTATION

4.1 PRICE ESCALATION

4.2 PRICE DE-ESCALATION

4.3 DISCOUNT

4.4 SALES AND USE TAX EXEMPTION

PART 5 – DELIVERY REQUIREMENTS

5.2 TESTING REQUIREMENTS

5.3 PERSONNEL IDENTIFICATION

5.4 TRANSPORTATION

PART 6 – GENERAL INFORMATION

6.1 RESIDENT/NON-RESIDENT BIDDERS

6.2 STATEMENT OF RESIDENCY

6.3 STATEMENT OF NONDIVESTMENT FROM ISRAEL

6.4 CONTRACT CLAUSES

6.5 EPWATER TERMS AND CONDITIONS

PART 7 – FORMS

PART 8 – INSTRUCTIONS TO OFFERORS

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RFP49-26 QUICKLIME (RE-BID)

PART 1 - REQUEST FOR PROPOSAL

1.1 RFP SOLICITATION INFORMATION

This is an RFP Solicitation. Items will be awarded based on the total number of all line items based on the evaluation criteria of this solicitation and in accordance with Chapter 252 of the Texas Local Government Code.

All items noted on the last pages of the attached “INSTRUCTIONS TO OFFERORS” will apply to this proposal except for the following:

Item(s) # 14 – Proposal Security and # 15 – Performance and Payment Bond

A Pre-Proposal Meeting will be held on August 4, 2026, at 10:00 a.m. MST. Please visit our website at https://epwater.ionwave.net/HOMEPAGE.aspx and click on the “Activities” Tab for the link to this meeting.

E-Proposal or Sealed Proposal submittals for “QUICKLIME (RE-BID)” will be received via electronic submittal through EUNA Procurement (IonWave) or by hard copy (in person or by mail) until August 19, 2026, at 1:30 p.m.

(MST).

Proposals received after 1:30 p.m. will not be accepted.

The proposal opening will be live-streamed. Check scheduling information on Section 1.2 of the solicitation and visit our (e-proposal) webpage at: https://epwater.ionwave.net/HOMEPAGE.aspx for link to live opening in the “Activities” tab on IonWave.

Proposals shall be submitted at the time and place through the e-proposal response submittal process via EUNA Procurement (IonWave) and/or hard copies. If submitting hard copies, ensure they are enclosed in an opaque, sealed envelope, marked with the Project title, name, and address of the Offeror. The sealed envelope shall be enclosed in a separate envelope with the notation "PROPOSAL ENCLOSED" on its face. Offeror(s) must ensure proposals are received before the deadline.

By submitting the proposal, the Offeror states that he or she fully understands the solicitation's requirements and agrees to comply with all of them.

Pursuant to the Cone of Silence policy, any communication between potential Offeror(s) and EPWater staff relating to this project is prohibited. Any requests for clarification to this solicitation shall be sent via the EUNA Procurement (IonWave) application by:

• Clicking on QUICKLIME (RE-BID)

• Search for Proposal RFP49-26

• Submit your question(s) on the Question Tab.

In response to such questions, interpretations or clarifications considered necessary by EPWater staff will be addressed with an Addenda, which will be posted on EPWater’s EUNA Procurement (IonWave) electronic (e-proposal) website. Offerors will be responsible for checking the website regularly for any addenda or additional information for the project. Questions submitted after the deadline will not elicit a response.

Violation of this provision by the Respondent and/or their agent may lead to disqualification of the Respondent’s proposal from consideration.

Refer to Part 8 of this RFP for additional information.

https://epwater.ionwave.net/HOMEPAGE.aspx https://epwater.ionwave.net/HOMEPAGE.aspx

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RFP49-26 QUICKLIME (RE-BID)

1.2 ESTIMATED TIMELINE

July 26 & August 2, 2026 ............................................................................... RFP Advertisement Dates August 4, 2026, at 10 am (MST)………………..……...Pre-Proposal Meeting (Recommended to attend) August 07, 2026, by 5:00 PM (MST)………………..............................Receipt of Written Questions Due August 12, 2026 ………………………………………………............................Answers to Questions Due August 19, 2026, by 1:30 PM (MST)………………............................................................Proposals Due August 19, 2026, at 2:00 PM (MST) ....................................................................................Live Opening September 09, 2026……………………………………..………....…EP Water Board Approval and Award

EPWater reserves the right, at its sole discretion, to adjust this Schedule of Events as it deems necessary. EPWater will communicate adjustments to any event in the Schedule in the form of an Addendum.

1.3 PROPOSAL CHECKLIST

1. MANDATORY Complete PDF Solicitation. Initialed, signed, and with all blanks filled in.

2. MANDATORY Part 1 of Request for Proposal (Section 1.1)

3. MANDATORY Offeror Information form with acknowledgment of any issued addenda(s) (Failure to acknowledge any issued addenda or fail to include this form with the proposal may deem the Offeror 's submission non-responsive. (Section 1.4)

4. MANDATORY Conflict-of-Interest Questionnaire (Section 7.4)

5. MANDATORY Statement of Residency (6.1)

6. MANDATORY Statement of Non-Divestment from Israel (Section 6.3)

7. MANDATORY Texas Ethics Commission, "Certificate of Interested Parties”, Form 1295 (Sections 7.3-7.4)

8. MANDATORY W9 Form (Section 7.1)

9. MANDATORY New Vendor Form (Section 7.5)

10. MANDATORY Complete Excel Proposal Worksheet. Pricing shall be based on quantities provided; no additional pricing assumptions will be accepted.

11. MANDATORY All Offeror’s information for Evaluation Criteria as requested (Section 3.2)

12. MANDATORY – E-Proposal response via EUNA Procurement (IonWave) or Sealed Proposal/submittal.

a. If not submitted electronically, is your proposal completely signed and initialed?

b. In a sealed envelope marked with the Proposal Number and Company name?

c. If hand-delivering or mailing the Proposal to EPWater’s Purchasing Department (address listed below), ensure this entire packet, including Instructions to Offerors, is included in your hard copies.

SOLICITATION FOR EPWATER

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RFP49-26 QUICKLIME (RE-BID)

1154 HAWKINS BLVD., EL PASO, TX 79925

Phone: (915) 594-5628 Fax: (915) 594-5689

QUICKLIME (RE-BID)

RFP49-26

1.4 OFFEROR INFORMATION

PRINT OR TYPE LEGIBLY

FIRM: __________________________________________________________________________________ MAILING ADDRESS: ________________________________ SIGNATURE: _______________________ STREET ADDRESS: ___________________________________ PRINTED NAME: ____________________ CITY/STATE/ZIP: ____________________________________ TITLE: _________________________ PHONE NUMBER: ___________________________________ FAX: ______________________________ E-MAIL: ____________________________________________ DATE: _____________________________

1. The undersigned OFFEROR offers and agrees, if this Proposal is accepted, to enter into an agreement with EPWater to perform and furnish all the materials, labor, supplies, equipment and /or services indicated in this Proposal in accordance with specifications, terms, and conditions set forth herein.

2. OFFEROR accepts all the terms and conditions of the Advertisement, Event Details of this Proposal on EUNA Procurement (IonWave), and Instructions to Offerors Part 8 of this solicitation.

3. In submitting this Proposal, OFFEROR represents, as more fully outlined in the Agreement, that OFFEROR has examined copies of all PROPOSAL DOCUMENTS, including the Excel Proposal Form and any of the following Addenda (receipt of all of which is hereby acknowledged). Include the following with your proposal:

Addenda Number Date Acknowledged

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RFP49-26 QUICKLIME (RE-BID)

PART 2 – GENERAL CONDITIONS AND SPECIFICATIONS

2.1 SOLICITATION INFORMATION

EPWater operates the following plants that use QUICKLIME (RE-BID) for solids processing:

• John T. Hickerson Water Reclamation Facility, which serves west El Paso with projected QUICKLIME (RE-BID) delivery orders 30-35 tons annually.

• Fred Hervey Water Reclamation Plant, which serves northeast El Paso with projected QUICKLIME (RE-BID) delivery orders of 25 tons with projected usage between 5,000 tons annually.

John T. Hickerson Water Reclamation Facility operates three belt presses and uses QUICKLIME (RE-BID) for stabilization of biosolids. The Fred Hervey Water Reclamation Plant operates three centrifuges and uses QUICKLIME (RE-BID) for stabilization of biosolids and for the softening and pH treatment of wastewater. Each plant operates under a Texas Commission on Environmental Quality discharge permit and dewatered solids are transported by a third-party contractor to a TCEQ licensed monofill.

2.2 SPECIFICATIONS

NOTE: Offerors are to complete and submit all documents in this solicitation and the Excel spreadsheet found with this Informal Proposal announcement located at: https://epwater.ionwave.net/HomePage.aspx

*The quantities shown on the Excel spreadsheet are estimated annual usage. Although no obligation shall exist to purchase these quantities, EPWater reserves the right to increase, decrease and/or change these requirements to provide for continued operation during the Contract Period.

Note:

A current Safety Data Sheet (SDS) for QUICKLIME (RE-BID) shall be provided with the proposal submittal.

Failure to provide the Safety Data Sheet (SDS) with the proposal may result in the disqualification of this proposal submittal.

THE ITEM(S) CONTAINED WITHIN THIS SOLICITATION IS / ARE TO BE PROVIDED IN ACCORDANCE

WITH THE FOLLOWING AND OR ATTACHED SPECIFICATIONS:

REFERENCE STANDARDS

Without limiting the generality of these specifications, the Supplier shall conform to the applicable requirements of the following documents:

A. Latest version of the American National Standards Institute/ National Sanitation Foundation Standard 60.

B. Latest version of the American Water Works Association Standard B202 – QUICKLIME (RE-BID) and Hydrated Lime.

PRODUCT REQUIREMENTS AND SPECIFICATIONS

QUICKLIME (RE-BID) provided under this contract will meet the following specifications:

A. QUICKLIME (RE-BID) shall comply with latest versions of ANSI/ NSF 60, and conform to ANSI/ AWWA Specification B202 (except as modified below).

https://epwater.ionwave.net/HomePage.aspx

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RFP49-26 QUICKLIME (RE-BID)

B. Physical Requirements: QUICKLIME (RE-BID) shall comply with the requirements for Dry-Feed equipment.

C. The QUICKLIME (RE-BID) shall have a minimum of 99% passing on a 1/4-inch sieve.

D. The QUICKLIME (RE-BID) shall contain a minimum of 90% available calcium oxide.

E. The QUICKLIME (RE-BID) shall have a slaking rate of 40˚ C temperature rise in three minutes.

F. The QUICKLIME (RE-BID) shall not contain any substances that would cause violations as governed by the Safe Drinking Water Act (SDWA), Clean Water Act or State and Local Laws.

G. The physical/chemical characteristics of the QUICKLIME (RE-BID) shall be compatible with the existing lime storage and feed equipment, metering devices, pumps, belt presses, centrifuges and any other equipment associated with the existing sludge thickening and/or dewatering operations at EPWater facilities.

H. QUICKLIME (RE-BID) performance shall not be significantly altered due to weather or temperature conditions.

VERIFICATION

• Sampling/Testing: With all deliveries the supplier shall provide a representative sample of the delivered load in a tamper proof sealed container with no less than 1000ml of product. See Section 5.2 Testing Requirements for additional details.

• Available Calcium Oxide: A penalty will be charged for lime which fails to contain a minimum of 90% available calcium oxide, when tested according to ANSI/ AWWA B202. A penalty of two percent for each percentage less than 90 shall be assessed based on the formula below:

o Penalty Amount = 0.020 x (90.0 - %CaO) x weight of shipment in tons x bid price per ton.

• Slaking Rate: A penalty will be charged for lime which fails to produce a 40˚ C temperature rise in three minutes when the test is perform

• ed according to ANSI/ AWWA B202. A penalty of two percent for each degree Celsius less than 40 degrees shall be assessed based on the formula below:

o Penalty Amount = 0.020 x (40 – temp. rise (Celsius)) x weight of lime in tons x bid price per ton.

• NOTE: The price penalties for low available calcium oxide and slaking rate described above shall be based on EPWater’s Laboratory Analysis results.

CERTIFICATION REQUIREMENTS

A. The Certificate of Analysis provided for the Product shall affirm compliance with the latest version of AWWA Standard B202 and shall be based on analyses conducted using the methods described in the latest version of AWWA Standard B202. The Certificate of Analysis must include the percent available CaO and slaking rate of a sample representative of the contents of the trailer.

B. An affidavit certifying the Product’s compliance with the latest version of ANSI/NSF Standard 60 for Drinking Water Treatment Chemicals—Health Effects must be submitted with the Bid and with each shipment. The

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RFP49-26 QUICKLIME (RE-BID)

affidavit shall be from one of the following laboratories accredited by ANSI to test and certify drinking water treatment chemicals in accordance with the latest version of NSF/ANSI Standard 60:

• National Sanitation Foundation (NSF)

• Underwriters Laboratory (UL)

• Water Quality Association (WQA)

Failure to provide the requested documentation will result in the disqualification of the proposal submittal.

PART 3 – EVALUATION

3.1 SELECTION PROCESS

All Offerors must follow the requirements listed below. The Offeror is responsible for ensuring that all the required information is submitted with their proposal. Failure to follow these instructions may result in disqualification.

Failure to submit the required information listed within this Request for Proposal (RFP) may render the submitted proposal non-responsive to the solicitation, thus resulting in rejection. The proposal shall thoroughly describe the methods, staffing, relevant experience, and strategies developed to fulfill the project requirements.

All offers are subject to the terms and conditions of this RFP. Material exceptions to the terms and conditions or failure to meet the minimum specifications may render the respondent non-responsive to the solicitation. Sections of this RFP require submittals as part of the deliverables, including costs and other required documents.

A committee made up of EPWater personnel will review, evaluate, and rank the proposals.

EPWater reserves the right to select one or multiple highest-ranked Offerors based on the cumulative score for each of the evaluation factors delineated herein and who are determined to be reasonably qualified for the award of a contract. Successful Offeror(s) shall be selected based on the responsiveness of the submittal and the evaluation criteria below.

3.2 EVALUATION CRITERIA SUMMARY

This RFP will be evaluated using the criteria below for all items on the Excel worksheet proposal form.

Respondents who do not provide a response to each of the criteria listed in this RFP will be considered non-responsive and ineligible for consideration.

Evaluation Criteria Maximum Points

1. Experience 40

2. Cost 35

3. Responsibility & Reliability 25

1. Experience ………………………………………………………………………………… (40 points)

The OFFEROR is required to provide evidence that they have sufficient experience in delivering QUICKLIME (RE-BID) which meets the requirements and specifications as specified in Section 2.2 . Vendor shall provide a list of at least three (3) similar-sized utilities that you provided with similar quantities of product capacity within the last ten (5) years, preferably municipal utilities.

2. Cost………….………………………………………………………………………………... (35 points)

The Respondent must complete the attached Excel Worksheet.

Unit Cost includes the company’s QUICKLIME (RE-BID) selling price including delivery cost. Transportation requirements are detailed in Delivery Requirements Section 5.

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RFP49-26 QUICKLIME (RE-BID)

The cost proposal will be evaluated based upon the lowest total amount submitted on the Excel Worksheet.

The Proposal with the lowest price will receive thirty-five (35) points. All other proposals will be allotted a percentage of the 35 points based on a comparison with the lowest-priced proposal.

The following formula will be used:

(Lowest Submittal Received) ÷ (Each Respondent’s Submittal) x the max points = Respondent’s Allotted Points

As part of the requirement to establish responsibility for the offer, EPWater may determine the reasonableness of the price(s) at which the services are offered. Prices that are significantly lower than the mean of all offers and appear to be unreasonably low may be considered evidence of non-responsibility and cause the offer to be rejected.

Offeror(s) are required to complete and submit the Excel Worksheet under the “Response Attachments” tab in Ion Wave. An Excel spreadsheet sample is attached under the “Attachments” tab.

The allowance will be used at the owner's discretion for unforeseen conditions or additional quantities at the discretion of EPWater.

3. Responsibility and Reliability…………………………………………………………. (25 points) This criterion evaluates the respondent’s overall ability and capacity to successfully fulfill the scope of work.

The Supplier must provide a comprehensive summary that demonstrates a thorough understanding of the required scope of services. In addition, the response shall include a detailed Business Profile that, at a minimum, contains the description of the business and service offerings, home office and all additional office locations, production facilities and back-up production facility, availability and response capabilities, number of employees categorized by professional and non-professional staff, total years in business, typical response time when called and evidence of all required licenses and/or personnel certifications necessary to perform the services. Use of a reputable and experienced transportation company for the delivery of QUICKLIME (RE-BID) to our facilities.

3.3 EVALUATION SELECTION PROCEDURE

All Offeror(s) must follow the requirements listed below. It is the Offeror's responsibility to ensure compliance with these requirements. Failure to follow these instructions may result in disqualification.

Respondents or their representatives are prohibited from communicating with any EP Water employees about this proposal to include the Public Service Board members.

The successful Offeror shall be selected based on the submittal's responsiveness and the evaluation criteria below. This contract will be awarded to one or multiple highest-ranked responsive, responsible Offeror(s).

EPWater has the option to cancel the RFP procurement at its sole discretion.

______ I have read and understand the evaluation criteria.

Initials

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RFP49-26 QUICKLIME (RE-BID)

PART 4 – ADDITIONAL RFP INFORMATION AND REQUIRED

DOCUMENTATION

Offerors are to submit:

A complete set of this Proposal in PDF as stated in the advertisement that may be obtained by accessing the following EUNA Procurement (IonWave) electronic (e-proposal) website:

https://epwater.ionwave.net/HomePage.aspx

Evaluation Criteria – Submit information listed under section 3.2.

EXCEL WORKSHEET found with this Solicitation must be signed, or they may be deemed non-responsive. (Do not change the format. Submit in Excel) located at https://epwater.ionwave.net/HomePage.aspx.

The Unit Cost column must include a dollar amount for each proposal line item.

DO NOT ENTER FORMULAS in the Excel Form to calculate your unit price and assumptions.

Only enter the price in the cells highlighted in yellow based only on quantity on Excel form.

Modifying or submitting an incomplete worksheet may result in the Offeror(s) submission being deemed non-responsive.

If you have trouble accessing the Proposal or Excel Proposal Form, please get in touch with the Purchasing Department of EPWater at (915) 594-5628.

For any technical issues within the e-bidding platform, please contact Euna Support at:

Dial: 844-226-3862 Email: support.ionwave@eunasolutions.com

The vendor warrants that the unit price(s) stated in the Proposal Worksheet do not exceed the vendor’s applicable “established price” in effect for like quantities of the same item. For purposes of this warranty, “established price” means a price that:

(1) is an established catalog or market price for a commercial item sold in substantial quantities to the general public;

and

(2) reflects the net price after applying all discounts offered by the vendor.

(space intentionally left blank) mailto:support.ionwave@eunasolutions.com

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4.1 PRICE ESCALATION

After 6 months, a Price Escalation may be considered under the following conditions:

a. A 30-day in advance, written request for a price increase in Company letterhead must be submitted to

EPWater’s Purchasing Department. The written request shall include the Vendor’s proposal for an adjustment in the contract unit price(s)s and shall include supporting documentation of evidence as necessary. The price increase shall become effective within 14 days of an EPWater’s written acceptance letter.

b. Over the life of the contract, the aggregate of the increases in any contract unit price under this section shall not exceed 25% of the original contract unit price. “The original contract price awarded may not be increased by more than 25 percent” (§§ 252.048).

c. Prices must be firm for the first 6-month period from EPWater award.

d. After receiving the vendor’s written request, EPWater reserves the right to cancel the contract resulting from this solicitation and rebid the product or service. Cancellation of the contract will not affect any outstanding orders.

e. The increased contract unit price shall not apply to quantities ordered prior to the effective date of the increased contract unit price.

f. No modification increasing the contract unit price shall be executed under this section (4.1) until EPWater Purchasing Department evaluates and approves the increase in the applicable established price.

g. All price increases accepted shall be effective for six (6) months from the revised date of the Master

Contract.

_______ I have read and agree to THE PRICE ESCALATION Initials

4.2 PRICE DE-ESCALATION

If the Offeror receives a price decrease from the supplier, the Offeror is responsible for notifying EPWater within two working days of the price decrease and passing the price decrease on to EPWater. The price decrease will be effective upon receipt of the price reduction from the Offeror.

If the Offeror receives a price decrease from the supplier, the Offeror is responsible for notifying EPWater within two working days of the price decrease and passing the price decrease on to EPWater. The price decrease will be effective upon receipt of the price reduction from the Offeror.

_______ I have read and agree to THE PRICE DE-ESCALATION.

Initial

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RFP49-26 QUICKLIME (RE-BID)

4.3 DISCOUNT

Unless a discount is provided as an inducement for prompt payment, EPWater is not obligated to make payment on invoice(s) for this contract 30 days after receipt of a valid, complete, and acceptable invoice. An invoice shall not be submitted prior to receipt of the QUICKLIME (RE-BID), whichever is later.

Payment may be delayed in accordance with exceptions under the Texas Prompt Payment Act (Chapter 2251 of the Texas Government Code). Interest on all overdue payments shall be imposed in accordance with the provisions of the Texas Prompt Payment Act.

Discount: _________________________ **Payment Terms: ____________________

**The payment terms for a discount cannot be less than the first ten (10) days following the date the invoice is received by the Accounting Department.

4.4 SALES AND USE TAX EXEMPTION

EPWater is exempt from State and City Sales Tax.

PART 5 – DELIVERY REQUIREMENTS

5.1 DELIVERY APPOINTMENTS AND UNLOADING REQUIREMENTS

A 24-HOUR NOTICE OF REQUEST FOR DOCK APPOINTMENT SHALL BE PHONED INTO ALL LISTED

FACILITES REQUESTING A PRODUCT BY TRANSPORTATION COMPANY DISPATCH. DOCK

APPOINTMENT FOR DELIVERY IS REQUIRED, AND EPWATER WILL NOT HONOR OR PAY

DEMURRAGE.

• Unloading facilities consist of pneumatic unloading systems. Properly equipped trucks are required for delivery at the below listed sites. The Supplier will be provided with a Materials Release Order by FAX or E-Mail for delivery of the QUICKLIME (RE-BID). Upon written notification delivery is to be made in partial shipments which will continue throughout the Contract Period.

• The Contractor shall allow up to 2 hours unloading time without demurrage.

• EPWater reserves the right to request delivery to any EPWater location.

Deliveries shall be accepted on Monday through Friday ONLY DURING THE HOURS OF 8:00 A.M. TO 3:00 P.M.

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RFP49-26 QUICKLIME (RE-BID)

After a dock appointment is made, the supplier must email the EPWater facilities at the email addresses listed in the specifications before the truck leaves the supplier’s facilities. The email must contain the following information:

• The names of the driver and anyone accompanying the driver, including a supervisor, trainer, or trainee

• The tractor and trailer numbers

• PDF or other photocopy of the Bill of Lading, which includes the EPWater contract number, the name of the transport company, and the contract name

Each delivery must be accompanied by a Certificate of Analysis conforming to all requirements contained in these Conditions and in the specifications. A single Certificate of Analysis may be used if multiple loads are from the same lot, provided that one copy is provided to each of the treatment plants receiving a delivery from that lot.

Responsibility for expediting and tracking each shipment shall be the supplier until delivery is accepted. The supplier shall notify EPWater’s Contract Representative and the Treatment Plant immediately of any delay while in route to the delivery location.

All truckload deliveries shall be accompanied by one scale ticket from a state-certified scale showing the name of the scale company, its location, date, truck and trailer number, and gross, tare, and net weights. The weight tickets shall be for the actual load delivered to EPWater.

Any alternative method of determining weight for the Product must be submitted in writing with this proposal and approved by EPWater. EPWater reserves the right to determine the quantity delivered through its online instrumentation or weighing after offloading, 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.

EPWater personnel will visually inspect the prior to any sampling or unloading, and EPWater personnel must accept each delivery. In the event a delivery is rejected by EPWater, the supplier shall provide a replacement shipment meeting the requirements of this specification within 72 hours of original delivery.

EPWater reserves the right to reject any shipment it cannot identify, does not deem secure, or does not pass EPWater’ s screening test. MARKING REQUIREMENTS

Product delivery containers shall bear legible tags showing:

• Product name

• Name and address of manufacturer

• All markings required or recommended by the most recent versions of applicable Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA), and American Water Works Association (AWWA) standards.

5.2 TESTING REQUIREMENTS

EPWater reserves the right to analyze each delivery to determine if it meets the required specifications. For bulk material, the supplier must provide a representative sample of every load at the time of delivery. Sample must be in a 1000ml container with tamper proof seal. Tests performed and test methods shall be at the sole discretion of EPWater.

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RFP49-26 QUICKLIME (RE-BID)

If EPWater determines that the Product delivered does not meet the required specifications, the material will be rejected and must be removed at the supplier’s expense. If material is determined to be unacceptable to EPWater, three additional one-liter samples shall be collected from the delivery container in accordance with any applicable AWWA standards, sealed and labeled in the presence of the Supplier, and retained by EPWater. A notice of nonconformance shall be provided by EPWater to the Supplier within ten working days after receipt of the shipment at the point of destination.

The results of EPWater’ tests shall prevail unless the supplier notifies EPWater within five working days after receipt of the complaint that a retest is desired. On receipt of the request for a retest, EPWater shall forward to the Supplier one of the sealed samples. In the event results obtained by the Supplier, on retesting, do not agree with the test results obtained by EPWater, the other sealed sample shall be forwarded, unopened, to a referee laboratory agreed on by both parties. If a referee analysis is needed, analysis shall be conducted using the methods required for the Certificate of Analysis (see specifications). The results of the referee analysis shall be accepted as final. The cost of the referee analysis shall be paid by the Supplier if the material does not meet the requirements of this specification and by EPWater if the material does meet this specification.

TITLE TRANSFER

Title of the Product shall pass from the supplier to EPWater when EPWater has received, inspected, and approved the material, subject to EPWater's rights to return the Product described herein.

OFFEROR RESPONSIBILITIES: In addition to all requirements and responsibilities described in the specifications, the Offeror shall also comply with the following responsibilities:

A. Primary and Alternate Distribution Facility: The Offeror will provide, as part of the Offeror’s proposal, the location of the Primary Distribution Facility from which the Product will be shipped, as well as an Alternate Distribution Facility that can be used in order to provide the Product to the utility on a timely basis in the event of a disruption in the flow of the Product, or raw materials needed to produce it, to the Primary Distribution Facility.

B. Safety Data Sheet: A current Safety Data Sheet (SDS) for the Product shall be provided with the proposal submittal. Failure to provide the Safety Data Sheet (SDS) with the offeror proposal submittal may result in the disqualification of the proposal submittal.

C. Certificate of Analysis: The Offeror shall furnish, by attachment to the proposal, a typical Certificate of Analysis of the Product the Offeror would provide should the offer be accepted. This analysis shall comply with all analysis methods and requirements described in the specifications. The supplier shall submit such typical analysis with each shipment and on an annual basis, or at any time there is a change in the manufacturing practices during the contract period.

D. Sample: The Offeror may be required to furnish a typical sample of the product.

ORDERING PROCEDURES

The Supplier will be provided with a material release order by email for delivery of the Product. Upon written notification, delivery is to be made in partial shipments, which will continue throughout the contract period. The Supplier will be available to make the delivery within the notification time given on the proposal form.

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RFP49-26 QUICKLIME (RE-BID)

When the supplier cannot furnish the required Product within the notification time given on the proposal form, the utility reserves the right to obtain the Product from any available source and bill the Supplier for any additional cost over the proposal amount.

5.3 PERSONNEL IDENTIFICATION

Personnel entering the premises of EPWater (including drivers of delivery vehicles) are required to wear an identification badge containing the following information:

• Employee Name

• Company Name

• Employee's Picture

Entry to the premises of ANY EPWater facilities may be denied to individuals without identification, as addressed above.

5.4 TRANSPORTATION

F.O.B. – El Paso, Texas. Delivery carriers must meet insurance requirements.

PLEASE ANSWER THE INFORMATION BELOW IN ADDITION FOR ACCURACY VERIFICATION.

Brand Name/Product Name: ________________________________________________________

Manufacturer(s) (must include specific name(s): _______________________________________

Can you provide a certificate of analysis for your product demonstrating the required specifications listed with every load? ______________________Each load will be subject to testing.

Can you provide this product as indicated in SHIPPING AND DELIVERY REQUIREMENTS for a total delivery of approximately 5,000 tons per year? ________________________________________

Can you provide QUICKLIME (RE-BID) within a reasonable turnaround time (i.e. 2 to 4 days)?

Minimum Notification Time Required for Delivery of Order: ______________________________

Location of Primary Distribution Facility: _____________________________________________

Alternate Distribution Facility: ______________________________________________________

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RFP49-26 QUICKLIME (RE-BID)

PART 6 – GENERAL INFORMATION

6.1 RESIDENT/NON-RESIDENT BIDDERS

Bidder must answer the following questions:

1. Does the bidder that is making and submitting the bid qualify as a "Resident Bidder" or a “Non-Resident Bidder” under Texas Law? If the bidder is a “Resident Bidder,” please complete and return the Statement of Residency Form with your proposal.

Answer: _____________________________

2. If the bidder is a "Non-Resident Bidder," does the state in which the non-resident bidder's principal place of business is located have a law requiring a non-resident bidder of that state to bid a certain amount or percentage under the bid of a resident bidder of that state in order for the non-resident bidder of that state to be awarded the contract on their bid in such state?

3. If the answer to Question Number 2 is "Yes," by what amount or percentage must a Texas resident bidder bid under the bid of a resident bidder of that state in order to be awarded a contract on such bid in the said state?

A "Non-Resident Bidder” will not be awarded this Bid unless the non-resident’s proposal is best value bid submitted by a responsible Texas Resident Bidder by the same amount that a Texas Resident Bidder would be required to underbid the non-resident bidder to obtain a comparable contract in the state where the non-resident’s principal place of business is located. The definitions for the terms “Bidder,” Texas Resident Bidder,” and “Non-Resident Bidder" are included in the “Instructions to Bidders” on the last two pages of this solicitation.

6.2 STATEMENT OF RESIDENCY

The following information is required by EPWater in order to comply with the provisions of Texas Government Code §§ 2252.001 et. seq. Failure to provide the required information may constitute a basis for the rejection of your proposal. Offeror’s cooperation in this regard will avoid costly time delays in the award of solicitation by EPWater. Failure to provide all required information may result in the apparent best value bidder being considered non-responsive and non-responsible and the second-best value bidder being considered for award.

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RFP49-26 QUICKLIME (RE-BID)

Definitions

Resident Bidder: a person whose principal place of business is in the State of Texas, including an Offeror whose ultimate parent company or majority owner, has its principal place of business in the State of Texas.

Nonresident Bidder: a person who is not a resident.

Principal Place of Business in Texas: a permanent business office located in Texas from which a bid is submitted and from which business activities are primarily conducted for the organization other than submitting bids to governmental agencies, where at least one employee works for the business entity.

Bidder’s Complete Company Name: ____________________________________________

State the address of your principal place of business in the space provided below:

State the nature of the business conducted at your principal place of business in the space provided below:

State the number of employees you have at your principal place of business: _____________

(This page has been intentionally left blank)

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STATEMENT OF RESIDENCY (Continued)

I swear and attest that the information provided above is true and correct as of the date __________________ (“Bidder”) submitted its Bid on Bid No._______. I further attest that I am an authorized representative of Bidder or have been duly authorized to represent Bidder in this matter. I understand that the information provided is being relied on by EPWater in order for it to comply with state purchasing laws and will materially affect its decisions in this regard. Should the information provided be false or materially misleading, any contract entered into between EPWater and Bidder will be void, and EPWater may pursue any legal claims it may have against Bidder.

By:

Offeror Name Name:

Owner Title:

Company:

ACKNOWLEDGMENT

STATE OF _________ §

COUNTY OF ______________ §

This instrument was acknowledged before me on the __________ day of ______________, 20_____, by

___________________________, as _______________________ of__________________________, a

Notary Public, State of ______________________

My Commission Expires: ____________________

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6.3 STATEMENT OF NONDIVESTMENT FROM ISRAEL

The following information is required by El Paso Water Utilities – Public Service Board (“EPWater”) in order to comply with the provisions of Texas Government Code §§ 2270.002.

I swear and attest that the following is true and correct as of the date ___________________________ (“Bidder”) submitted its Bid on Bid No. : Bidder does not boycott Israel and will not boycott Israel during the term of the contract should it be awarded to Bidder. I further attest that I am an authorized representative of Bidder or have been duly authorized to represent Bidder in this matter. I understand that the information provided is being relied on by EPWater in order for it to comply with state purchasing laws and will materially affect its decisions in this regard. Should it be discovered that the statement by Bidder contained herein is false, any contract entered into between EPWater and Bidder will be void, and EPWater may pursue any legal claims it may have against Bidder.

By:

Offeror Name Name:

Owner Title:

Company:

ACKNOWLEDGMENT

STATE OF §

COUNTY OF §

This instrument was acknowledged before me on the day of , 20 , by , as of , a .

Notary Public, State of ______________________

My Commission Expires: ____________________

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6.4 CONTRACT CLAUSES

1. TYPE OF CONTRACT

This is a Good(s) and/or Service(s) Contract, under which EPWater shall order its requirements for the good(s) and/or service(s) described within this solicitation from the highest-ranked, responsive, responsible Offeror(s), hereinafter referred to as Offeror’s(s), for the duration of the contract. The Utility reserves the right to award to one or multiple Offeror(s).

Note: Goods and/or Services will be ordered on an “as-required” basis.

2. TERM OF CONTRACT

The Contract to provide the (QUICKLIME (RE-BID) shall be from AWARD OF PROPOSAL by the Public Service Board to one or multiple highest-ranked, responsive, responsible Offeror(s) for a term of one (1) year. Upon mutual agreement, the contract may be extended for up to four (4) additional one-year periods under the same terms and conditions.

Offerors are advised that only offers with a firm, fixed price, F.O.B., El Paso, Texas, for the above-listed time will be considered. Offers not complying with this provision may be disqualified.

When the successful supplier cannot furnish the required (QUICKLIME (RE-BID) within the delivery time specified above, EPWater reserves the right to obtain (QUICKLIME (RE-BID) from any available source and bill the successful supplier for any additional cost over the Proposal amount.

Option to Extend Services for a period of up to Six (6) Months In the event EPWater has not obtained other goods and/or services by the expiration date of the existing contract term, the Offeror’s shall nonetheless continue for a period not to exceed six (6) months on a month-to-month basis after the end of its term unless EPWater has notified the Offeror’s that EPWater has obtained another Offeror’s.

3. ACCEPTANCE OR REJECTION OF PROPOSALS

EPWater reserves the right to accept or reject any or all proposals, to waive all minor technicalities, and to accept the proposal determined to be the most favorable to EPWater. Additionally, EPWater may accept a proposal subject to an exception if, in the sole judgment of EPWater, the proposal meets or exceeds EPWater’s specifications.

4. INTERLOCAL PURCHASING AGREEMENTS (applicable to competitively procured goods/services contracts).

a. EPWater has entered into Interlocal Purchasing Agreements with other governmental entities, pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Offeror’s agrees to offer the same prices and terms and conditions to other eligible governmental agencies that have an interlocal agreement with EPWater.

b. EPWater does not accept any responsibility or liability for the purchases by other governmental agencies through an interlocal cooperative agreement.

5. CONTRACT ADMINISTRATION

Administration of this Contract, on behalf of EPWater, is the responsibility of the Purchasing and Contract Administration. For any questions regarding this solicitation, please visit the EUNA Procurement (IonWave) website by clicking Current Proposals, then selecting the Proposal in question, and clicking on the Questions tab.

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6. PRICE ADJUSTMENT

MINIMUM WAGE

A price adjustment increase will be allowed if there is a federally mandated increase.

7. COMPLIANCE WITH NON-DISCRIMINATION LAWS

The Offeror agrees that it, its employees, officers, agents, and sub-Offeror’s will comply with all applicable federal and state laws and regulations and local ordinances in the performance of this contract, including, but not limited to, the Americans with Disabilities Act, the Occupational Safety and Health Act, or any environmental laws.

The Offeror’s further agrees that it, its employees, officers, agents, and sub-Offeror’s will not engage in any employment practices that have the effect of discriminating against employees or prospective employees because of sex, race, religion, age, disability, ethnic background, or national origin, or political belief or affiliation of such person, or refuse, deny, or withhold from any person, for any reason directly or indirectly, relating to the race, gender, gender identity, sexual orientation, color, religion, ethnic background or national origin of such person, any of the accommodations, advantages, facilities, or services offered to the general public by place of public accommodation.

8. CONTRACTING INFORMATION

This clause is applicable for purchases that have a stated expenditure or result in an expenditure of at least $1 million.

The Offeror’s must preserve all contracting information related to this contract as provided by the records retention schedule requirements applicable to EPWater for the duration of this contract. The Offeror’s will promptly provide EPWater any contracting information related to this contract that is in the custody or possession of the Offeror’s on request of EPWater. On completion of this contract, the Offeror’s will either provide at no cost to EPWater all contracting information related to this contract that is in the custody or possession of the Offeror’s or preserve the contracting information related to this contract as provided by the records retention requirements applicable to EPWater.

9. PROTEST/DISPUTE

Only a vendor who has submitted a response to a solicitation may protest a recommendation for contract award. Failure to follow the requirements of the protest procedures established by EPWater and included in all solicitations shall constitute a waiver of all protest rights. Protests must be made after the PSB Agenda has been posted and by 5 p.m. the day before the PSB meeting in which the award will be considered.

10. CONE OF SILENCE

The “Cone of Silence” is imposed upon each RFP, RFQ, or Bid from the time of advertising until it is posted on the Public Service Board Agenda for the award. The Cone of Silence prohibits communications with EPWater employees to attempt to influence the purchasing decision. As such, the Cone of Silence prohibits any communication regarding RFPs, RFQs, or Bids between, among others:

• Potential vendors, service providers, Offerors, consultants, and EPWater employees.

• Potential vendors, service providers, Offerors, consultants, any member of the Board, the

President/CEO, or their respective staff and members of the respective selection committee.

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The provisions do not apply to, among other communications:

• Oral communications with Sr. Purchasing Agent, Purchasing Agent, Contracts Developer Coordinator, or Procurement Analyst, provided the communications are limited strictly to matters of process or procedure already contained in the solicitation document.

• The provisions of the Cone of Silence do not apply to oral communications at pre-proposal or pre-proposal conferences, oral presentations before selection committees, contract negotiations during duly notice public meeting, public presentations made to the President/CEO and Board members during a duly noticed public meeting; or

• Communications in writing at any time unless specifically prohibited by the applicable RFP, RFQ, or Solicitation.

In addition to any other penalties provided by law, violation of the Cone of Silence by any Offeror or bidder shall render that Offeror’s or bidder’s RFP, RFQ, or bid award voidable. Any person having personal knowledge of a violation of these provisions shall report such violations to EPWater’s General Counsel and the Senior Purchasing Agent.

The “Cone of Silence” also applies to all potential sub-Offerors.

The Public Service Board will award this proposal at their regularly scheduled meeting.

6.5 EPWATER TERMS AND CONDITIONS

1. PREVAILING TERMS

These Purchase Order/Master Contract Standard Terms and Conditions (Standard Terms and Conditions) apply to El Paso Water Utilities Public Service Board (EPWater) purchases entered into by EPWater through Purchase Orders or Master Contract for goods or services unless otherwise noted on a Purchase Order or Master Contract. These terms prevail over the Vendor’s terms. The Standard Terms and Conditions and accompanying Purchase Order or Master Contract are considered the contract between EPWater and Vendor.

On purchases through an approved purchasing cooperative, the Standard Terms and Conditions supplement and prevail over the purchasing cooperative contract terms and conditions if there is a conflict unless otherwise noted on a Purchase Order or Master Contract.

The acceptance of EPWater’s Purchase Order or Master Contract by Vendor signifies the Vendor’s acceptance of these Standard Terms and Conditions.

2. INVOICES AND PAYMENTS

a. EPWater will pay all invoices in accordance with Chapter 2251 of the Government Code. EPWater will notify the Vendor of any errors or disputes in invoices in accordance with Chapter 2251 of the Texas Government Code.

b. The Vendor will submit invoices, in a single copy, on each contract after each delivery. Invoices covering more than one purchase order will not be accepted.

c. Invoices will be itemized, including the serial number of the unit; transportation charges, if any, will be listed separately.

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d. Invoices will reflect the Purchase Order or Master Contract number.

e. EPWater is a tax-exempt entity. Do not include any taxes in invoices. EPWater will furnish a tax exemption certificate upon request.

f. Discounts will be taken from the date of receipt of goods or the date of invoice, whichever is later.

g. A copy of the bill of lading and the freight waybill, when applicable, will be attached to the invoice.

h. Payment will not be due until the above instruments are submitted after delivery and acceptance.

i. E-Mail invoices to accountspayable@epwater.org

j. Vendor shall notify the Purchasing & Contract Administration division of any changes in its remittance addresses.

3. AVAILABILITY OF FUNDS

The awarding of this contract is dependent upon the availability of funding. In the event that funds do not become available, the contract may be terminated, or the scope may be amended. A 30-day written notice will be given to the Vendor and there will be no penalty nor removal charges incurred by EPWater.

4. GRATUITIES

EPWater may, by written notice to the Vendor, cancel this contract without liability to Vendor if it is determined by EPWater that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Vendor, or any agent or representative of the Vendor, to any officer or employee of EPWater with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making or any determinations with respect to the performance of such a contract. In the event this contract is canceled by EPWater pursuant to this provision, EPWater shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Vendor in providing such gratuities.

5. WARRANTY PRICE

a. The price to be paid by EPWater will be that contained in the Vendor's quote, which the Vendor warrants to be no higher than the Vendor's current prices on orders by others for products of the kind and specification covered by this contract for similar quantities under similar or like conditions and methods of purchase.