SODIUM CHLORITE FY27.pdf

Trinity River Authority of Texas

Purchasing Department

Bid Number: 4150-810-L-27 *Bid Closing

Date:

August 13, 2026, at 12:00PM CST

Commodity

Description:

SODIUM CHLORITE-31% SOLUTION

*Bid Reading

Date:

August 13, 2026, at 2:00PM CST

BUYER CONTACT INFORMATION

Name: Todie Green Email greent@trinityra.org

Instructions:

• Bids must be submitted by the time and date specified above.

• Bids must be uploaded on the following website: https://tra.procureware.com

• Questions must be posted to Procureware

• Pricing must be entered into Procureware on the pricing tab, pricing submitted by any other method will not be accepted or considered

CLARIFICATION DEADLINE: BID READING:

August 6, 2026 5:00 PM CST

Microsoft Teams meeting

Join:

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Meeting ID: 237 923 806 501 626

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VENDOR INFORMATION

Company

Name:

Name

(type or print): Title:

Address:

City: State:

ZIP

Code:

Telephone

Number:

Fax

Nbr.:

E-Mail

Address:

Signature:

Use Ink Only.

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TRINITY RIVER AUTHORITY

SODIUM CHLORITE 31% SOLUTION

SPECIFICATION NUMBER: 4150-810-L-27

Business Designation

(check one):

Individual [ ] Sole Proprietorship [ ] Public Service Corp [ ]

Partnership [ ] Corporation [ ] Government/ Nonprofit [ ]

ALL PRICING MUST BE ENTERED IN PROCUREWARE ON THE PRICING TAB, PRICING

SUBMITTED BY ANY OTHER METHOD WILL NOT ACCEPTED OR CONSIDERED

SCOPE AND INTENT

The Trinity River Authority (AUTHORITY) Huntsville Regional Water Supply System (HRWSS) and

Livingston Regional Water Supply System (LRWSS) are soliciting bids for a two-year supply of sodium chlorite. Quantities listed will be the estimated amount purchased per year. Sodium chlorite is used with chlorine to form chlorine dioxide for the purpose of taste and odor control in the water treatment process.

Quantities are estimates only and may be more or less throughout the year.

Line #

Description

UOM

QTY

1 Sodium Chlorite 31% Solution (Truck

Delivery) Unit price must include all associated charges, i.e., shipping, etc. Price

F.O.B. Huntsville Plant

Lbs 900,000

2 Sodium Chlorite 31% Solution (Truck

Delivery) Unit price must include all associated charges, i.e., shipping, etc. Price

F.O.B. Livingston Plant

Lbs 80,000

INSTRUCTIONS:

• Bid must be submitted by the time and date listed above

• Bids must be uploaded to the following website: tra.procureware.com

• The required documents included at the end of this bid specification that MUST be completed, signed and submitted along with the bid specification are:

o Texas Resident Bidder Certification o Conflict of Interest Questionnaire (input “NA” for questions that do not apply – then sign and date at the bottom of the form where specified) o TGC 2270 – does not/will not boycott Israel (for bids of or in excess of $100,000)

BID TERM

The term of the bid will be for two (2) years beginning on December 1, 2026, and ending November 30, 2028.

PRODUCT QUALITY

A. The sodium chlorite shall conform to American Water Works Association Standards B303-95 or subsequent updates.

B. The product offered must conform to ANSI/NSF Standard 60 and be certified by an organization accredited by ANSI (i.e., NSF International or Underwriters Laboratories, Inc.). BIDDER must provide proof of certification with bid proposal.

C. The sodium chlorite shall be 31% solution with chlorate level of less than 4%.

D. BIDDER must submit up-to-date original Safety Data Sheet (S.D.S.) (clean for copying) an electronic version preferred and technical data sheet for the offered bid product.

EQUIPMENT SPECIFICATION

Chemical unit price shall include a 750 lb./day chlorine dioxide generator at HRWSS and a 150 lb./day chlorine dioxide generator at LRWSS.

A. The generator shall maintain a minimum conversion efficiency and reaction yield of 95 percent chlorine dioxide from the reaction of sodium chlorite with molecular chlorine gas under vacuum.

B. The BIDDER owned generator shall have a failsafe design. Precursor feed shall be safely stopped on a loss of system power or process water flow. The chlorine dioxide generation system shall automatically shut down and provide both local and remote alarms at the plant control system.

C. The BIDDER owned generator shall be equipped with a flow meter to monitor motive process water flowrate to the generator’s vacuum educator.

D. The BIDDER owned generator shall have the ability to connect to the HRWSS and LRWSS control system via wire hardwired controls or Ethernet (contractor has assist staff with Ethernet configuration).

E. The BIDDER owned chlorine dioxide generator PLC and HMI shall be able to monitor, calculate and display system efficiency based on theoretical chlorine dioxide production rate (using the sodium chlorite flow rate) and the actual chlorine dioxide production rate (using the motive water flow rate and the chlorine dioxide concentration) and adjust the flow of at least one precursor chemical to the reaction column based on the calculated system efficiency.

F. The BIDDER owned generator shall be furnished for automatic flow pacing to raw water plant flow.

a. The control system shall allow for remote start-up/shutdown of the entire system.

G. All Chlorine Dioxide generator surfaces and materials in contact with water or in contact with a chemical being added to water that is being treated for potable water use and conveyance, shall comply with the requirements of the Safe Drinking Water Act and shall conform to NSF-61.

H. The bidder shall supply a manual stand by generator at LRWSS and HRWSS in case of generator failure.

REFERENCES

A. The SUCCESSFUL BIDDER shall have a local Office within the state of Texas.

B. BIDDER shall provide at least three references where the BIDDER is currently providing and servicing the chlorine dioxide generator for a comparably sized potable water supply. Reference list must include the follow:

a. Name of Organization

b. Name, Phone Number and Email of Contact at the Organization

c. Size and Type of Chlorine Dioxide Generator

QUALITY ASSURANCE

A. The SUCCESSFUL BIDDER shall provide, at no additional charge, all necessary labor and materials to maintain the SUCCESSFUL BIDDER owned generators at peak operating efficiency and safety. The

SUCCESSFUL BIDDER shall absorb the cost of the inspection and preventative maintenance program set out below and shall also absorb all repair costs.

B. All maintenance shall be performed by SUCCESSFUL BIDDER employed and trained technicians, familiar and experienced with the SUCCESSFUL BIDDER's equipment.

C. The SUCCESSFUL BIDDER shall maintain a complete inventory of spare parts in local stock.

D. SUCCESSFUL BIDDER employed technician shall bring all replacement parts and tools with him on the first response.

E. SUCCESSFUL BIDDER employed technicians shall at a minimum preform the following routine preventative maintenance services once per month

a. Inspect the entire chlorine dioxide system for leaks and malfunctions.

b. Clean rotameter tubes

c. Change rotameter tube seals as needed

d. Verify linear performance of rotameters

e. Change O-rings as need

f. Clean and lubricate valve stems as needed

g. Analyze the generator outputs for percentage of chlorine dioxide in the product stream, free chlorine, unreacted chlorite, chlorate, and pH. (Before making any adjustments) Procedures for this analysis shall be submitted before placing the equipment in service.

h. Provide additional training for plant operators as required to maintain proficiency of all involved

PERSONNEL.

F. SUCCESSFUL BIDDER employed technician shall at a minimum perform the following heavy preventative maintenance services once per year:

a. Replace ball and ball check valves

b. Inspect all piping and fittings on the generators. Replace as needed.

G. SUCCESSFUL BIDDER shall complete and submit a field service report detailing items above as a written record of services provided, and as a formal request for any changes that may be necessary.

H. SUCCESSFUL BIDDER shall provide, at no additional charge (including shipping), a monthly analysis of three treated water samples for residual total oxidants, chlorite and chlorate, by ion chromatography.

I. SUCCESSFUL BIDDER shall provide a certified analysis of each shipment to verify a chlorate level of less than 4% in the sodium chlorite solution.

DELIVERY

A. Product price must be quoted for truck delivery F.O.B. Destination, Freight Prepaid to the below listed locations:

Livingston Regional Water Supply

System (LRWSS)

4253 FM 350 South

Livingston, Texas

(4 miles West of Livingston on FM 350, next to airport).

Huntsville Regional Water Supply

System

188 Wallace Road

Huntsville, Texas

(8 miles North of

Huntsville off Hwy 247 and FM

2628)

Deliveries shall be by truck in 1,500-gallon loads.

Deliveries shall be made by truck in full loads of 4,000 gallons or more.

Deliveries will be made to a 3,000-gallon storage tank with 2” fill connection.

Deliveries will not be received if product temperature is less than 65° F.

Deliveries will be made to an 8,400-gallon storage tank with 2” fill connection. Deliveries will not be received if product temperature is less than 65° F.

B. Orders shall be placed on an as-needed basis throughout the bid term. Deliveries shall be made within 5 days after receipt of order.

C. Deliveries shall include transfer of material to storage facility.

D. Deliveries shall be made between 7:00 a.m. and 3:00 p.m., Monday through Friday.

E. HRWSS has two (2) 3,000-gallon bulk storage tanks with 2” fill connections. LRWSS has a single 3,000-gallon bulk storage tank capable of receiving 2,500 deliveries.

E. Each shipment shall be accompanied by a weight certificate by a certified weigher.

State number of days after receipt of order for delivery_____________________________________________

PRE-BID MEETINGS AND PUBLIC READING OF BIDS

There will be no Pre-Bid Meeting. All information regarding this specification and all questions MUST be addressed via https://tra.procureware.com.

ORDERING

AUTHORITY shall issue a new purchase order number for each order to the SUCCESSFUL BIDDER.

SUCCESSFUL BIDDER shall not accept nor ship any order for goods or services to AUTHORITY until an authorized purchase order has been submitted to SUCCESSFUL BIDDER by the AUTHORITY. Payment cannot be made if there is not a Purchase Order for the goods and services provided to the AUTHORITY.

PAYMENT

SUCCESSFUL BIDDER shall email all invoices for payment to: accountspayable@trinityra.org (the system will only handle one invoice per email) or mailed to Trinity River Authority of Texas, PO Box 60, Arlington, TX 76018.

https://tra.procureware.com/

INSURANCE REQUIREMENTS

A. The SUCCESSFUL BIDDER shall be required to furnish the AUTHORITY within ten days of notification of award certified copies of all insurance certificates showing coverage for all requirements as stated below to be in force throughout the term of the contract.

B. The BIDDER’s insurance agent is requested to complete the Insurance Requirement Affidavit provided by the AUTHORITY and return it as part of the BIDDER’s response. SUCCESSFUL BIDDER shall carry said insurance at their expense with a company authorized to do business in the state of Texas and satisfactory to the Trinity River Authority naming the Trinity River Authority as additional insured so as to protect AUTHORITY against any and all claims for damages to persons or property as a result of or arising out of the performance of this contract.

C. Insurance policies shall bear an endorsement to the effect that no cancellation will be effective without first giving thirty days written notice to the AUTHORITY. In the event the SUCCESSFUL BIDDER shall allow said insurance coverage to lapse during the term of the bid then the bid shall automatically be cancelled and terminated.

D. SUCCESSFUL BIDDER agrees to indemnify and defend the AUTHORITY against any and all claims for injuries, damages, costs, and expense to persons or property that may rise out of or be occasioned by the performance of this bid by the SUCCESSFUL BIDDER.

E. All copies of Certificates of Insurance shall reference this bid name/number for which the insurance is being supplied.

$1,000,000---Bodily injury or death, per occurrence

$1,000,000---Property damage, per occurrence

Workers Compensation Insurance, at statutory limits, including employer’s liability coverage at minimum limits.

1.00 REQUIREMENTS FOR SUBMITTING BIDS

1.01 Only a signed, completed Bid Specification Form will be considered. Any exceptions thereto must be made in writing, notated on the Bid Specification Form, accompanied by a statement of exception on company letterhead and signed by the authorized BIDDER’s agent. Any exceptions attached or included with the bid will not be considered unless the BIDDER specifically references them on the Bid Specification Form. If the BIDDER proposes additional terms and conditions or requests to include a master agreement with the Bid Specification

Form, such documents must be submitted with the response. The AUTHORITY may deem a BIDDER’s response non-compliant if the proposed terms materially alter the required performance, reduce the scope of work, or introduce provisions that are prohibited by law. If the BIDDER wants to add additional terms, those must be submitted with the Bid Specification Form, or the Bid may be deemed non-responsive.

1.02 To be considered each bid must be completed, properly identified, signed bid then scanned and uploaded to the following website: tra.procureware.com (WEBSITE). Additionally, data entry of line items or lump sum pricing onto this WEBSITE shall be required. Bid Specifications must be uploaded onto the WEBSITE before the date and time stated on the bid form. The WEBSITE will close bidding on the date and time indicated. If the

BIDDER did not complete the electronic submittal when the bid closes, the bid will not be recorded. Once the

WEBSITE has closed, bids will not be considered under any circumstances.

1.03 Bids must be submitted to the AUTHORITY on this bid form, with attachments when appropriate, on or before the date and time specified for bid opening. If this form is not used, the bid may be rejected. The bid must be typed or printed in ink. The signature must be in ink. Unsigned bids will be disqualified. The person signing the bid should show title or authority to bind his firm in a contract. Each bid should be placed in a separate envelope completely and properly identified, delivered to the bid opening address. Late bids will not be considered under any circumstances.

1.04 Telegraphic or facsimile responses to any invitation for bids will not be considered.

1.05 If your firm has chosen not to bid, please indicate so on the WEBSITE.

1.06 Bids cannot be altered or amended after bid opening time. No bid can be withdrawn after opening time without approval from the AUTHORITY, based on a written acceptable reason as determined by the AUTHORITY.

2.00 PRE-BID CONFERENCES

2.01 The BIDDER understands and agrees that its bid is submitted on the basis of the specifications prepared by the

AUTHORITY. The BIDDER shall take all actions to become familiar with these specifications; BIDDERs are expected to examine the specifications and related bid documents with care and observe all their requirements.

Ambiguities, errors or omissions noted by BIDDERs should be promptly reported in writing through the

WEBSITE.

2.02 It is recommended that all prospective BIDDERs attend pre-bid conferences if scheduled. The purpose of these conferences is to clearly communicate the scope and intent of the bid and to allow the BIDDER to offer comments and/or suggestions on the specifications prior to bid opening time in the event changes are necessary.

Certain pre-bid conferences will be designated as mandatory. Failure to attend mandatory pre-bid conferences shall disqualify a BIDDER.

2.03 Registration for pre-bid conferences is provided through the WEBSITE. The pre-bid meetings are conducted in secured facilities. To attend pre-bid meetings or Bid openings, you must register a minimum of 24 hours in advance of the anticipated visit to be allowed entrance. BIDDERs must register via the WEBSITE. Upon arrival, the guard may deny entry if you are not on the admittance list. A valid government issued ID is required for admittance for each member in the party requesting access to the site without exception.

3.00 INSTRUCTIONS FOR COMPLETING BID SPECIFICATION FORM(S)

3.01 All questions regarding this bid specification prior to bid opening must be addressed to the purchasing department via the WEBSITE. BIDDERS ARE SPECIFICALLY INSTRUCTED NOT TO CONTACT AUTHORITY

PERSONNEL BETWEEN THE TIME OF BID OPENING AND BID AWARD. Notwithstanding the foregoing, requests for bid tabulations may be forwarded to the AUTHORITY’s purchasing department. Failure to strictly observe the foregoing prohibitions may result in rejection of the violating BIDDER’s bid, and, in the

AUTHORITY’s discretion, rejection of future bids submitted by the violating BIDDER.

Only questions regarding clarification of instructions or specifications will be handled verbally. If any question results in a change to the bid, the change(s) will be forwarded to all BIDDERs by way of written addendum through the WEBSITE. Any and all addendums are to be considered as part of the specifications.

As such, they must be signed, dated, and attached to the specifications prior to submittal when uploading onto the WEBSITE. Direct all questions via the WEBSITE, tra.procureware.com.

3.03 Bid must be submitted on the AUTHORITY’s Bid Specification Forms. All information must be typewritten or printed in ink.

3.04 BIDDER shall provide: full name of firm; both physical and mailing address; telephone number of the firm; type of ownership (e.g., corporation, partnership, sole proprietorship); firm’s vendor identification number assigned by the Comptroller of Public Accounts of Texas (or Federal employer’s identification number or individual’s social security number); name of the authorized agent for the firm; and the agent’s title or authority to bind the BIDDER in a contract. BIDDER shall also provide the name and telephone number of the customer representative who will represent the firm and provide necessary services to the AUTHORITY.

3.05 Failure to designate the BIDDING firm’s name and/or failure of the BIDDER’s authorized agent to manually sign each Bid Specification Form page and any addendums (if required) may disqualify the entire bid.

3.06 Signing the bid with a false statement shall void the submitted bid or any resulting contracts, and the BIDDER shall be removed from all bid lists and approved vendor lists.

3.07 The Texas Resident Bidder Certification Form must be completed by each BIDDER and submitted with the bid proposal on the WEBSITE’s appropriate section. See “EVALUATION AND ACCEPTANCE OF BIDS”.

Section 8.10.

3.08 A Historically Underutilized Business (HUB) Status Form must be completed and submitted with the bid proposal on the WEBSITE’s appropriate section by BIDDERs that qualify for that status.

3.09 AUTHORITY bids require pricing per unit as stated in the Bid Specifications and/or extensions if requested. If no unit of measure is stated in the specifications, then the BIDDER shall state prices according to the lowest unit of accepted standards within the particular industry and so note the unit designation by the unit price. If a trade discount is shown on the bid, it shall be deducted and net line extensions shown. BIDDER guarantees and warrants that product(s) offered will meet or exceed specifications identified in this invitation for bids.

All pricing shall be entered in the Procureware Procurement System using the Pricing tab. The

Pricing tab in Procureware is the official pricing record and the only pricing that will be accepted for evaluation and award purposes. Bidders must enter unit prices on the appropriate item line within the

Procureware Pricing tab. Any pricing provided elsewhere, including on the Bid Specification Form, is for reference only and will not be considered. Unit prices shall also be noted on the corresponding item line of the Bid Specification Form; however, in the event of any discrepancy, the pricing entered in the Procureware Pricing tab shall prevail.

3.10 All bid quotations must include all the various features needed to satisfy the performance and/or material specifications. No amounts will be paid for the items bid in excess of the quoted amounts.

3.11 Quote Delivered at Place Unloaded (DPU). If otherwise, quote the exact cost to deliver to the AUTHORITY’s designated location.

3.12 Purchases made for AUTHORITY use are exempt from State of Texas Sales Tax and Federal Excise Tax. Do not include tax in bid price quotation. A tax exemption certificate will be furnished upon request. If materials are subject to a tariff, the line items need to be identified with the current tariff rate and accompanied with a documentation from the U.S. Customs and Border Protection.

3.13 All prices quoted shall comply with all Federal and State laws and municipal ordinances.

3.14 Any and all guarantees and warranties shall be fully stated by the BIDDER on the Bid Specification Form or attached with the bid proposal.

3.15 All items bid shall be new, including containers suitable for shipment and storage, unless otherwise indicated in the specifications.

3.16 Except where specifically noted, brand names and/or descriptions used in these specifications are to acquaint

BIDDERs with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated. Any catalog, brand name, or the manufacturer’s reference used in the Bid Specification is descriptive only (not restrictive) and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless otherwise noted in the specification. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the BIDDER on the Bid Specification Form and must be included in the Bid Submission. If bidding on other than referenced specifications, the bid must be indicated on the Bid Specification; manufacturer, manufacturer’s part number, brand or trade name, and other descriptions of product offered. Vendor literature

WILL NOT suffice in explaining exceptions to these specifications. If other than brand(s) specified is offered, illustrations and complete description of product offered; are requested to be made part of the bid.

It is the responsibility of the BIDDER to document and/or demonstrate the equivalency of the goods and services offered. The AUTHORITY reserves the right to determine whether a substitute offered is equivalent to and meets the standards of the item specified, and the AUTHORITY may require the BIDDER to supply additional descriptive material. The BIDDER guarantees that the product offered will meet or exceed specifications identified in this bid specification.

3.17 Any terms and conditions attached to a bid will not be considered unless the BIDDER specifically references them on the Bid Specification Form, and the terms are included in the Bid response. Such terms and conditions may result in disqualification of the bid (bids with the laws of a state other than Texas, requirements for prepayment, limitations on remedies, materially alter the required performance, etc.).

3.18 Bid prices, once accepted by the AUTHORITY, shall be firm for the entire stated contract period, unless otherwise noted by the BIDDER and accepted by the AUTHORITY. Bids subject to unlimited price increases will not be considered.

3.19 Unless specifically stated in the Bid Specification, the quantities shown on the form are estimates based on projected use or past use. It is specifically understood and agreed that these quantities are approximate, and any increased quantities will be paid at the SUCCESSFUL BIDDER’s quoted unit price. It is further understood that the SUCCESSFUL BIDDER shall not have any claim against the AUTHORITY for orders less than the estimated amount during the bid term.

4.00 INSURANCE REQUIREMENTS

4.01 The SUCCESSFUL BIDDER shall, at its own expense, purchase, maintain and keep in force during the term of this contract such insurance as set forth below. SUCCESSFUL BIDDER shall not commence work under this contract until he has obtained all the insurance required under the contract and such insurance has been approved by the AUTHORITY, nor shall the SUCCESSFUL BIDDER allow any subcontractor to commence work on his subcontract until all similar insurance of the subcontractor has been obtained and approved. SUCCESSFUL

BIDDER shall be required to furnish the AUTHORITY within 10 days of notification of award certified copies of all insurance certificates showing coverage for all requirements as stated below to be in force throughout the term of the contract.

4.02 SUCCESSFUL BIDDER shall carry said insurance with a company authorized to do business in the state of

Texas and with an A.M. Best rating of A: VII or better naming the Trinity River Authority as additional insured on all applicable policies except Workers’ Compensation so as to protect AUTHORITY against any and all claims for damages to persons or property as a result of or arising out of the performance of this contract.

4.03 Insurance policies shall bear an endorsement to the effect that no cancellation will be effective without first giving thirty days’ written notice to the AUTHORITY, 10 days for non-payment of premium, material change, or any other cause. In the event the SUCCESSFUL BIDDER shall allow said insurance coverage to lapse during the term of the bid then the bid shall automatically be cancelled and terminated.

4.04 SUCCESSFUL BIDDER agrees to indemnify and defend the AUTHORITY against any and all claims for injuries, damage, costs, and expenses to persons or property that may rise out of or be occasioned by the performance of this bid by the SUCCESSFUL BIDDER. All applicable policies shall bear an endorsement to the effect that waives subrogation for loss or damage so that insurers have no right of recovery or subrogation against the AUTHORITY, it being the intention that the required insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies.

4.05 All copies of Certificates of Insurance on an Acord form shall list the AUTHORITY as certificate holder and reference this bid name/number for which the insurance is being supplied evidencing the required coverages to:

Trinity River Authority of Texas

Attention: Risk Management

P.O. Box 60

Arlington, TX 76004-0060

TRARisk@trinityra.org

4.06 All insurance policies provided under this contract shall be written on an “occurrence” basis. The policy limits stated below are at a minimum.

Liability Insurance

Commercial General Liability $1,000,000 Per Occurrence/

(No standard coverages are to $2,000,000 Aggregate be excluded by endorsement. XCU and contractual liability are not to be excluded)

Pollution Liability Insurance $2,000,000 Per Claim and Aggregate

May be included in General Liability

Policy or written separately subject to approval by the AUTHORITY

Automobile Liability Insurance

Commercial Auto Liability Policy $1,000,000 Combined Single Limit (Any Auto, including hired, and non-owned autos)

Umbrella Liability

(Following Form and Drop Down $2,000,000 Each Occurrence Provisions Included)

Workers’ Compensation Insurance mailto:TRARisk@trinityra.org

Workers’ Compensation Statutory Limit

Employer’s Liability $1,000,000 Each Occurrence

$1,000,000 Disease - Each Employee

$1,000,000 Disease – Policy Limit

5.00 ADDITIONAL REQUIREMENTS

5.01 Samples, when requested, must be furnished free of charge to the AUTHORITY and will not be returned. Each sample should be marked with the BIDDER’s name, address, and specification number. Do not enclose samples with the bid proposal, unless otherwise indicated in the specifications.

5.02 BIDDERs must submit a Safety Data Sheet (SDS) with the bid proposal for any chemical quoted.

6.00 DELIVERY REQUIREMENTS

6.01 Delivery shall be made to the Trinity River Authority facility, address noted on the coversheet, unless otherwise stated in the Bid Specifications.

6.02 The perfect tender rule of the Uniform Commercial Code applies to this contract. Specifically, Subchapter F, 2.601, et, seq., of the Texas Business and Commerce Code Title 1, Chapter 2, subchapter F is made as part of this contract for all purposes. If the product or goods delivered do not meet requirements, consignor may be required to remove the material or goods from the premises of the AUTHORITY at consignor’s expense, unless a price adjustment is agreed upon by the consignor and the AUTHORITY.

6.03 The bid proposal shall indicate the number of calendar days required to deliver non-emergency material to the

AUTHORITY’s designated location under normal conditions. Failure to state delivery time obligates the

SUCCESSFUL BIDDER to complete all deliveries within 14 calendar days after receipt of an order unless otherwise specified in Bid Specifications. Delivery time will be a consideration in the award. Unrealistically short or long delivery may cause a bid to be disregarded. Consistent failure to meet delivery deadlines may result in the SUCCESSFUL BIDDER’s removal from future bid lists and termination of an awarded bid.

6.04 If delay is foreseen, SUCCESSFUL BIDDER shall give written notice to the AUTHORITY’s Purchasing Agent.

The AUTHORITY has the right to extend the delivery date in its discretion. SUCCESSFUL BIDDER must keep the Purchasing Agent updated concerning the status of all orders. Default in promised delivery or failure to meet specifications authorizes the AUTHORITY to purchase supplies elsewhere and charge the full increase, if any, in cost and handling to the defaulting BID vendor.

6.05 No substitutions or cancellations are permitted without prior written approval by the Purchasing Agent.

6.06 Delivery shall be made between 7:00 a.m. and 3:00 p.m. Monday through Friday excluding AUTHORITY holidays, unless specifically stated in the Bid Specifications or prior approval for late delivery has been obtained from the AUTHORITY.

6.07 It shall be stated by the AUTHORITY in the Bid Specifications the conditions for an emergency delivery. If an emergency delivery is required and no time is specified, it shall be assumed that an emergency delivery shall be made within 24 hours after receipt of verbal order.

6.08 Non-requested, broken, or faulty items delivered by the SUCCESSFUL BIDDER shall be returned, at no cost to the AUTHORITY, within 14 days of receipt by the AUTHORITY.

6.09 All packing lists, bills of lading, and correspondence with the AUTHORITY must state the AUTHORITY’s purchase order number.

7.00 SPECIAL CONDITIONS

7.01 SUCCESSFUL BIDDER shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by a patent or copyright by suitable legal agreement with the patentee, licensee, or owner. The AUTHORITY shall not be responsible for any such royalty or license fees. The

SUCCESSFUL BIDDER shall indemnify the AUTHORITY and defend all suits or claims for the infringement of any patent or copyright rights and shall save the AUTHORITY harmless from any loss on account thereof.

7.02 SUCCESSFUL BIDDER hereby assigns to the AUTHORITY any and all claims for overcharges associated with this contract that arise under the antitrust laws of the United States or the State of Texas.

7.03 No right or interest in this contract shall be assigned or delegation of any obligation made by the SUCCESSFUL

BIDDER without the written permission of the AUTHORITY; however, SUCCESSFUL BIDDER may assign this contract without prior consent in connection with a merger, acquisition, or sale of substantially all of its assets, provided that the assignee assumes all rights and obligations under this contract. Any attempted assignment or delegation by the SUCCESSFUL BIDDER shall be void for all purposes unless made in conformity with this paragraph.

8.00 EVALUATION AND ACCEPTANCE OF BIDS

8.01 All information provided by the BIDDER shall be used by AUTHORITY management in its recommendation to the Board of Directors of best and most economical bid, which might not necessarily be the lowest bid price(s).

Prices are firm and not subject to escalation unless otherwise specified in the Bid Specification.

8.02 Award of bid, if it is awarded, shall be to that responsible BIDDER whose bid, conforming to the Bid

Specifications, will be most advantageous to the AUTHORITY, price and other factors considered. Other factors may include but are not limited to delivery; efficiency; quality; experience; service record; service facilities; business classification; and adaptability of equipment or services to the needs of the AUTHORITY.

8.03 The AUTHORITY reserves the right to accept or reject all or any part of any bid, waive minor technicalities or deficiencies, and award the bid to best serve the interests of the AUTHORITY.

8.04 The AUTHORITY is eligible to participate in the purchasing programs of the State of Texas General Services

Commission under the Texas Local Government Code. The AUTHORITY may compare the bids with comparable item(s) in the State of Texas Cooperative Purchasing Program (Cooperative) and reserves the right to reject all bids and purchase the bid items directly from the Cooperative’s designated contract vendor if this action best serves the AUTHORITY’s interests.

8.05 Bids shall be evaluated as a whole, by group of items, or on an item-by-item basis, whichever is deemed to be in the best interest of the AUTHORITY.

8.06 In case of errors in extension, the unit price will be used to calculate the extended price.

8.07 Any bid with more than a 30% error rate in unit and/or extension quotes may be considered as “nonresponsive”.

8.08 Any items designated as “no bid” by a BIDDER shall have the highest bid price received for that item substituted for the purpose of fair evaluation of the total bid.

8.09 Any bid with “no bid” on over 5% of the items specified may be classified as “non-responsive”.

8.10 In evaluating a bid of a nonresident bidder, an amount, equal to the amount a Texas Resident Bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident bidder’s principal place of business is located, will be added. The amount added is for evaluation purposes only and under no condition shall an amount in excess of the bid be awarded. A nonresident bidder is a business whose principal place of business isn't in Texas, including contractors whose parent company or majority owner isn't based in the state, as defined by Texas Government Code §2252.001.

8.11 Authorized AUTHORITY personnel shall have access to any BIDDER’s place of business for the purpose of inspecting merchandise both before and after award of the bid contract. Tests shall be performed on samples submitted with the bid or samples taken off regular shipments. In the event products tested fail to meet or exceed all conditions and requirements of the specification, the cost of the sample used, and the cost of testing shall be borne by the BIDDER. Any tests that are requested as part of the bid specifications shall be at the BIDDER’s expense.

8.12 In case of tie bids, a drawing will be held with a representative from each respective firm present.

8.13 The AUTHORITY reserves the right, after evaluation of all bids received, to make no recommendation to its

Board of Directors regarding the award of any bid in the event non-responsive, non-conforming or otherwise unacceptable bids are received, or if budgetary constraints or other unanticipated factors exist.

8.14 Bids shall be officially awarded by the AUTHORITY’s Board of Directors at the meeting designated on the Bid

Specification, or, in certain cases as authorized by the Board of Directors, by the AUTHORITY’s General

Manager. This award does not authorize shipment. A written Purchase Order authorizing shipment will be furnished to the SUCCESSFUL BIDDER.

8.15 The SUCCESSFUL BIDDER shall be notified by mail.

8.16 The AUTHORITY may dissolve this bid, once accepted, or discontinue work performed by informing the

SUCCESSFUL BIDDER upon written 60 days’ notice prior to cancellation.

8.17 Neither SUCCESSFUL BIDDER nor AUTHORITY shall be liable to the other for any delay in or failure of performance of any requirement included in any contract resulting from this bid caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance only until after the causes of delay or failure have been removed, provided that the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Matters of the SUCCESSFUL BIDDER’s finances or costs of supplies to the

SUCCESSFUL BIDDER shall not constitute a force majeure. Each party must inform the other in writing, with proof of receipt, within 48 hours of the existence of such force majeure, or otherwise such non-performing party waives this right as a defense to a claim of breach of contract.

9.00 PAYMENT

9.01 The AUTHORITY shall pay from invoice only, not from statements. Invoices should be submitted within 10 calendar days after receipt by the AUTHORITY of the goods or services.

9.02 The AUTHORITY shall issue a different purchase order number for each order. The SUCCESSFUL BIDDER must submit three (3) copies of an itemized invoice for each purchase order after each delivery.

All invoices shall include the following information: invoice number; purchase order number; company name;

address; city; state; zip code; telephone number; quantity shipped; part number; item description; unit costs;

extended line costs; discount or discount rate to be deducted; total cost; date of order; name of AUTHORITY person that placed the order; and any freight and/or demurrage costs.

9.03 The AUTHORITY shall make payment within 30 days upon receipt of invoice, or goods or services, whichever is later.

9.04 All payments relating to this bid contract will be made only to the firm designated on the Bid Specification

Form, not to the firm’s customer representative, if different.

10.00 BIDDER AFFIRMATION

10.01 By signing this bid, a BIDDER affirms that they have not given, offered to give, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any agent of the AUTHORITY in connection with the submitted bid.

11.00 TARIFFS.

The AUTHORITY may authorize payment to Contractors for verifiable tariff claims and directly related

Contractor costs for legally required performance and payment bonds and contractually required insurance cost increases, provided it meets the requirements needed for an adjustment. No Contractor overhead charges claimed to be affected by tariffs will be allowable. In order for a Contractor to be reimbursed for tariff costs, it must submit to the AUTHORITY documentation specifically detailing the specific tariff costs imposed. Invoices with a general tariff markup will not be accepted.

11.01 TARIFFS, DUTIES, AND SURCHARGES

All prices submitted in response to this Request for Bid shall be firm and fixed and shall include all applicable tariffs, customs duties, import fees, fuel surcharges, or similar charges in effect on the bid due date. No additional government or tariff-related charges shall be permitted during the term of the contract unless expressly authorized by the AUTHORITY through a written contract amendment executed in accordance with Texas law.

11.02 TARIFF ADJUSTMENTS

No price increases due to tariffs, or governmental surcharges shall be allowed unless: the tariff or surcharge is imposed by a governmental authority after the bid opening date; the tariff or surcharge directly affects the cost of the goods being provided; and the Contractor provides notice of the tariff as soon as practicable. The Contractor shall provide documented proof of the actual increased cost. Any adjustment to the contract price must be approved in writing by the governmental entity through a formal contract amendment. Under no circumstances shall tariff-related adjustments result in a material change that would have affected the outcome of the competitive sealed bidding process.

BIDDERs must clearly identify in their bid pricing any tariffs or surcharges included in the bid price. Failure to disclose such costs shall be deemed acceptance of all associated costs without additional compensation.

BIDDER acknowledges above requirement: ____________________________________________

12.00 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

12.01 The AUTHORITY’s goal is to increase usage of HUBs in the following areas: Construction, Supplies, Professional

Services, Other Services and Investments. A HUB is defined under Texas Government Code Chapter 2161.

If the contract goal is not met, evidence of good faith efforts must be presented by the contracting firm or supplier.

It is the intent of the AUTHORITY to involve HUBs in all phases of its procurement practices and provide them equal opportunity to compete for contracts and bids required by the AUTHORITY.

12.02 The notarized HUB Status Form must be submitted with the bid proposal, if applicable.

Failure to submit HUB documentation as required will result in the bid being considered non-HUB and evaluated as such.

13.00 AUTHORIZATION, ACCEPTANCE, AND ACKNOWLEDGMENT

By signing and submitting this Solicitation, the undersigned certifies, represents, and warrants that:

13.01 The undersigned has read, reviewed, and understands this Solicitation, including all specifications, requirements, addenda, terms, and conditions applicable to this procurement.

13.02 The Bidder's submission is made in response to and in compliance with the requirements of this Solicitation.

13.03 The undersigned is duly authorized to act on behalf of and legally bind the Bidder and has full authority to enter into agreements and contractual obligations on behalf of the Bidder.

13.04 If awarded, the Bidder agrees to comply with and be bound by all terms, conditions, specifications, and requirements contained in this Solicitation and any resulting contract or purchase order issued by the

AUTHORITY.

13.05 The Bidder acknowledges that execution and submission of this document constitutes the Bidder's acceptance of the AUTHORITY's terms and conditions as set forth in this Solicitation, except for any exceptions expressly identified by the Bidder and accepted in writing by the AUTHORITY.

The signature below constitutes the Bidder's acknowledgment, acceptance, and agreement to the foregoing certifications and to the terms and conditions of this Solicitation.

BIDDING FIRM: SIGNATURE: