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BCRUA-2025-022 - 6/25/2025 RESOLUTION NO.BCRUA-2025-022 WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has duly advertised for bids to purchase water treatment chemicals and for related goods and services; and WHEREAS, Pencco, Inc. has submitted the lowest responsible bid for Fluorosilic Acid 23% (bulk), herein "Water Treatment Chemicals"; and WHEREAS, the BCRUA wishes to accept the bid of Pencco, Inc. for Water Treatment Chemicals, Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY: That the Board President is hereby authorized and directed to execute on behalf of the BCRUA an Agreement Between the BCRUA and Pencco, Inc. for the purchase of Water Treatment Chemicals, a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein. The Board of Directors hereby finds and declares that written notice of the date, hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. RESOLVED this 25th day of June, 2025. NA'COLE THOMPSON, resident Brushy Creek Regional Utility Authority ATTEST: RE E FLORES, Secr 0330.4634-A:4933-0315-6814 EXHIBIT A Brushy Creek Regional Utility Authority 7” Partnership of Cedar Park, Leander and Round Rock IFB #04-29-225-BC-370 Subject: Water Treatment Chemicals Due: May 16", 2025 at 2:00 PM Central Addendum #1 — Clarification of Spec & Vendor Q&A Revision of Spec Aluminum Chlorohydrate + 1% LCS revised to Aluminum Chlorohydrate + 4% LCS. Bids for Aluminum Chlorohydrate must be for Aluminum Chlorohydrate + 4% LCS. A revised IFB document is provided to reflect this change. Vendor Questions & Answers 1. Whois the current supplier and what is the current pricing per gallon for Sodium Hypochlorite 12.5%? And what are the tank sizes? Brenntag. We will not be providing current pricing at this time. Tanks at the water plant vary in size, but the Sodium Hypochlorite tanks are 12,150 gallons. 2. 20% Sodium Permanganate a bulk delivery? We currently receive 20% and our vendor calls it mini bulk. 3. Whatis the current supplier and price for Liquid Ammonium Sulfate? Brenntag. We won’t be providing current pricing at this time. 4. Whois your current supplier of Sodium Permanganate and pricing? Hawkins. We won’t be providing current pricing at this time. 5. The bid calls out an annual volume of 6,000 gallons for Sodium Permanganate. What is your actual annual volume for that product? Our current tank holds 4,200 gallons and we only use sodium permanganate during the warmer months in small dosage. 6,000 gallons is our estimated amount to be used, it may be less. We typically order 3,000 gallons ata time. 6. When was the last time you bid for water treatment chemicals? Can you provide the previous bid tabulation? We have not previously bid water treatment chemicals. EXHIBIT A w Brushy Creek Regional Utility Authority A eed of Cedar Park, Soe and Round Rock IFB # 04-29-225-BC-370 Subj ect: Water Treatment Chemicals Due: May 16, 2025 at 2:00 PM Central Submit Bids to: Brushy Creek Regional Utility Authority c/o City of Cedar Park Purchasing Department 450 Cypress Creek Road, Bldg. 2 Cedar Park, Texas 78613 450 Cypress Creek Rd. Bldg. 1 + Cedar Park, Texas 78613 + www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 ie BCRUA 450 Cypress Creek Rd. Bldg. 1 Cedar Park Texas 78613 Table of Contents 1. BIDDER’S CHECKLIST 000i cccssscsceesscasssssssecesacsensssenssssacassasseessascesssosssssssensaseaentensseraees 3 2. STANDARD TERMS AND CONDITIONS .........cccsssssscsssessssesesscssesssssesssssssssssessecessssessenessssesees 4 3. SPECTAL CONDITIONS... ccs ccsessscsesecessscesessescesscssessseaseseseesscnsssseesseseesesssessessessseeseseeneanensenees 9 3.1 LOTT: Ls (oe 9 3.2 Damage Provision ............cccscsscsssscsssesesscsscssctsstscsscssoscessesessssssssssssessssssssseessassssasssesssseseees 10 3.3 Bid Term .00......cc cs cssssessssscsscsscsesssscsessseseenscesssscesessessesossesssesssseessesseusnseessessessessceseeaesessnsnessases 10 4, SPECIFICATIONS Qc ccscccssscsscseressssscsccssessesssssssscssssseesensusessasesssseesessssseaseasesssessaesersenseneesnees 12 5. BUD oie eeceescsssecsccecsscsceecsessseesenscsosssscsensseessesssssessssessessessesessssesseeeeseseusesassesaasessesseesaesaeesseeseaseseseasenss 15 6. DEMONSTRATION OF EXPERIENCE 0.00... ccccsscsscsscscsscssssecsseesssssesscsssscssseessssaseeesaesensceessnoes 18 7, LIST OF MACHINERY AND EQUIPMENT. ...........:cccsecsssssesesesscsssssessssessssssensssssssssessenssnsaesees 20 8. VENDOR PROFILE |... ccscssesscsscesscsseccsceesesssesscsssccsssssscnsssesassasesessscsasssssesseeesssssessessseeesasesenees 21 9. BID RESPONSE FORM............ cc cscseesscssesssscseescsssscsssscsssesscsssscsessseeececsssacssssessseessesssssessasesseseseeses 22 10. REFERENCES 0.000... .ccecececesesseeseseeeseessessossssessosessssscsssssessesssessecsesenseesscesessessssaseseessensasecaseeseseeness 23 11. DEVIATION OR COMPLIANCE FORM. ......cccscccscsssessssessscecessersecsscessseeseesssssesenssssecssseseseesass 24 12. RELEASE AND INDEMNIFICATION... ccccccsscscssssesscsssssscsesesssersssssscenserssssseseessesansenssessesegs 25 13. NON-COLLUSION ACKNOWLDGEMENT. ...........ccccccccsccsssssssssssssssssesssensesessssessensceeseseessssensenes 26 14, SUSPENSION OR DEBARMENT CERTIFICATE .......ccccccsccsssseesessscesesssesesseseesseseteecseseenseres 26 15. COOPERATIVE PURCHASING 000.0... ccc cccseesscsssecscsssssssssssesssssessssssenscseessesssesaeeesesesseseesnenes 27 16. CONFLICT OF INTEREST AND QUESTIONALRE ..0.....ccccceccssscessssseesetseseesesesseescseseseeseneeeseens 28 17. DISCLOSURE OF INTERESTED PARTIES ..0....ccccccccscscscesesecnseessesseseseesesenseesseeessecsensensens 29 18. W-9 FORM 0... ec cceccescssecseseesesseesceesereeeereeseeseeeesasscssesssecssacsassseessssdsessaceseessasasseeesstseusevsseesstentensesseegs 30 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -2- 1. BIDDER’S CHECKLIST Whrovided Pricing. fy Detionetiation of Experience form filled in. Rist of Machinery and Equipment form filled in, if applicable. Vendor Profile form filled in. Bid Response Form **IMPORTANT** Failure to sign and return this form may result in disqualification. ores Safety Data Sheets (SDS) for all chemicals bid. Secu provided. Deviation or Compliance form filled in. whelease and Indemnification form filled and signed. tw/Non-Collusion Acknowledgement form filled and signed. Suspension or Debarment Certificate filled and signed. Epes Purchasing form filled and signed. Access latest Conflict of Interest Questionnaire here. Please fill out and return with submission. If no conflicts exist, write N/A on the “Name of Officer” line. Access latest W-9 form here. Please fill out, and return with your submission. Important Notes: Question deadline is May 2, 2025 at 5:00 PM. Any questions submitted after this time will not be answered. Questions should be submitted in writing via email to Andy Portillo at andy.portillo@cedarparktexas.gov. Submissions will be submitted electronically on BidNet Direct: https://www.bidnetdirect.com/texas/A uthority-of-cedar-park Persons signing subsequent sections of the Bid shall have the authority to sign the Bid on Bidder’s behalf and shall be an officer or person authorized to bind the entity they represent to this Bid. Award of Contract(s) will be made based on Best Value as permitted by Section 252.043 of Texas Local Government Code. 450 Cypress Creek Rd. Bldg. 1 + Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -3.. This is an Invitation for Bid Date Issued: April 16, 2025 Subject: Water Treatment Chemicals IFB. No.: 04-29-225-BC-370 Due Date: Time Due: Tentative Award Date: May 16, 2025 2:00 PM Central June 2025 2. STANDARD TERMS AND CONDITIONS 2.1 General Description of Work - The Brushy Creek Regional Utility Authority ("BCRUA") is in need of water treatment chemicals for the Water Plant located at 1906 Hur Industrial, Cedar Park, TX 78613. The intent of this solicitation is to allow BCRUA to enter into a contract or multiple contracts for the procurement of the products specified in Section 5 of this IFB at a fixed price for a twelve (12) month period. 2.2 This Invitation to Bid (“IFB”) shall be on file in the BCRUA Finance Department, from 8:00 a.m. until 5:00 p.m., Monday through Friday, and available to interested individuals and entities (“Bidders”) from the date issued until the due date and time. 2.3. All general information questions should be directly emailed to Andy Portillo at andy.portillo@cedarparktexas.gov. 2.4 Bidders are expected to examine all documents that make up this IFB. Bidders shall promptly notify the Authority of any omission, ambiguity, inconsistency, or error that they may discover upon examination of the IFB. The Authority assumes no responsibility for errors or misrepresentations that result from the use of incomplete Bids. READ THIS IFB FULLY AND CAREFULLY. BIDS SHALL BE COMPLETE UPON SUBMISSION, INCLUDING ALL FORMS AND ATTACHMENTS REQUIRED HEREIN. FAILURE TO STRICTLY COMPLY WITH THESE STATED TERMS OF SUBMISSION MAY RESULT IN REJECTION OF THE BID. 2.5 All responses to this IFB shall be submitted on the attached response forms. Bids must be received at BCRUA Finance Department at or before 2:00 PM Central on May 16, 2025. Each Bid must be properly identified with the subject title and date and time due. Bidders shall electronically submit through the Texas BidNetDirect website. PHYSICAL BIDS, FAXED BIDS, AND E-MAILED BIDS AND/OR LATE SUBMISSIONS WILL NOT BE ACCEPTED. 2.6 All Bids shall be addressed as shown below: Invitation to Bid: Water Treatment Chemicals Reference Number: 04-29-225-BC-370 Due Date and Time: May 16, 2025 at 2:00 PM Central 2.7 During the pendency of this IFB, Bidder shall not contact any Authority staff except those designated herein this IFB or subsequent addendums or correspondence. Any questions or concerns should be addressed in writing to Andy Portillo at andy.portillo@cedarparktexas.gov at 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -4- 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 least 14 days prior to the due date of May 16, 2025. Please reference the above-designated IFB number and the line number being referenced. Non-compliance with this provision may result in rejection of the Bid. No phone calls related to IFB will be accepted. Any material information provided one Bidder concerning this IFB shall be provided to all Bidders via the Texas BidNet Direct website. An addendum will be issued if necessary. Bidders that have not registered with Texas BidNet Direct will be responsible for checking for new information or addendums on the website. All information required of the Bidder, unless otherwise specified, must be completed on the forms provided by the Authority. Failure to sign the Bid Response Form will disqualify Bidder. Persons signing the Bid shall have the authority to sign the Bid on Bidder’s behalf and shall be an officer or person authorized to bind the entity they represent to this Bid. Each and every deviation from the terms, conditions, specifications, or performance requirements of this IFB shall be listed on the Deviation Form upon submission of your Bid. Listing of deviations is an integral and required part of your Bid. Any deviations not listed on the Deviation Form upon submission of your Bid will not become part of the contract awarded by the Authority pursuant to this IFB. Bids will be opened on May 16, 2025 at 2:00 PM Central at the BCRUA Finance Department. Bids cannot be altered or amended after the deadline. Alterations made before opening must be signed by the Bidder or Bidder’s agent. No Bid may be withdrawn after the date and time of opening without approval of the Purchasing Manager. The Authority, in its sole discretion, may negotiate changes to any submitted Bid, including price, after submitted Bids have been opened. The Authority reserves the right to accept and/or reject any and all submitted Bids or any part thereof, waive immaterial errors, and award the contract in the best interest of the Authority. The Authority shall be sole interpreter of the terms, conditions, specifications, and performance requirements of this IFB. In case of a discrepancy between the unit price and the extended total for an item, the figure that is most advantageous to the Authority will apply. An opened Bid may not be changed to correct any error by the Bidder or Bidder’s agent. It is not the policy of the Authority to award a contract on the basis of price alone. The Authority reserves the right to award the contract to the lowest responsible Bidder who provides the specified goods and services at the best value to the Authority. To determine best value to the Authority, the Authority may, in accordance with Texas Local Government Code Section 252.043, consider: the purchase price; reputation of the Bidder and of the Bidder’s goods and services; the quality of the Bidder’s goods or services; the extent to which the goods or services meet the Authority’s needs; the Bidder’s past relationship with the Authority; the impact on the ability of the Authority to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; the total long-term cost to the Authority; and any other relevant criteria specifically listed, herein. 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 + Fax: (512) 258-6083 -5- 2.17 If, at any time, the successful Bidder fails to fulfill or abide by the terms, conditions, specifications, or performance requirements of this IFB, or any contract awarded and entered pursuant thereto, the Authority reserves the right to: 2.17.1 Purchase Water Treatment Chemicals services on the open market and charge Bidder the difference between its contract price and new contractor’s price; 2.17.2 Deduct charges from the successful Bidder the difference between its contract price and new contractor’s price; 2.17.3 Terminate any awarded contract without penalty on the Authority, by furnishing written notice of termination to Bidder, and select another Bidder and award a contract to its Bidder pursuant to the terms thereof. 2.18 At the Authority’s sole discretion and convenience, the Authority may terminate any awarded contract without regard to cause without penalty, and pay for the authorized services provided to the date of termination. 2.19 If it is determined that any benefit to secure favorable treatment was offered, elicited, or provided by Bidder or Bidder’s employee, affiliate, representative, partner, subcontractor, or agent, to any officer or employee of the Authority, Bidder will be disqualified from consideration and/or the awarded contract will be terminated. 2.20 All goods, raw materials, and products provided pursuant to the awarded contract must be new and not used, shop worn, or reconditioned. 2.21 All work must be in compliance with and conform to any and all applicable state or local laws, ordinances, regulations, codes, rules, policies, and interpretations thereof. 2.22 Once a Bid has been selected, items or processes may be substituted only by furnishing an equal or superior quality and/or grade product or process than originally specified at no additional cost to the Authority. Any such substitution shall be pre-approved by the Authority, and the acceptance of any such substitution shall be in the Authority’s sole discretion. 2.23 Any contract awarded pursuant to this IFB is only assignable, upon written consent of both parties, which consent shall not be unreasonably withheld. 2.24 The Authority is tax exempt under Tax Code, Subtitle E. SALES, EXCISE, AND USE TAXES, CHAPTER 151, section 151.309, as amended. 2.25 Invoices for partial payment must be approved in advance by the Purchasing Manager. 2.26 Bidder shall include a Safety Data Sheet (SDS). 2.27 Undisputed payments will be submitted to Bidder within thirty (30) days from receipt of original invoice. 2.28 Any contract awarded pursuant to this IFB shall be governed by the Uniform Commercial Code, if applicable. Wherever the “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas effective and in force on the date of any such agreement between the Authority and Bidder. 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 » www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -6- 2.29 2.30 2.31 2.32 2.33 2.34 Trade secrets and confidential information contained in a Bid are subject to the Texas Public Information Act. Pricing is not confidential information. Bidders who include information in a Bid that is legally protected as a trade secret or confidential information must clearly indicate the specific protected information by highlighting that information and marking it “Trade Secret” or “Confidential” at the appropriate place. The Authority will not be responsible for any public disclosure of the trade secret or confidential information if it is not marked as provided above. An awarded Bid in its entirety is not confidential. If a request is made under the Texas Public Information Act to inspect information designated as trade secret or confidential in a Bid, Bidder shall, upon notification by the Authority, immediately furnish sufficient written reasoning as to why the information should be protected from disclosure in a timely manner to the Texas Attorney General for final determination at the address below: Office of the Attorney General Open Records Division P.O. Box 12548 Austin, TX 78711 Fax 512-463-2092 The obligations of the parties under a contract awarded through this IFB are primarily performable in Williamson County, Texas. Exclusive venue shall be Williamson County, Texas, and any contract awarded under this IFB shall be governed by the laws of the State of Texas. The Authority may, at its option, offset any amounts due and payable under a contract awarded under this IFB against any debt (including taxes) lawfully due to the Authority from the successful Bidder, regardless of whether the amount due arises pursuant to the terms of the contract or otherwise, and regardless of whether or not the debt due to the Authority has been reduced to judgment by a court. No member of the Authority Board or any Authority employee shall have any financial interests in the profits of any contract, service or other work performed by the Bidder(s) or personally profit directly or indirectly from any contract, purchase, sale or service between the Authority and any person or company. TEXAS GOVERNMENT CODE/PROHIBITION OF BOYCOTT ISRAEL: Bidder verifies that it does not Boycott Israel and agrees that during the term of this Agreement will not Boycott Israel as that term is defined in Texas Government Code Section 808.001/2270.001, as amended. By signing a Bid, the Bidder certifies that it does not boycott Israel and will not boycott Israel during the term of this contract. TEXAS GOVERNMENT CODE/PROHIBITION OF BOYCOTT FIREARMS AND AMMUNITION INDUSTRIES: Senate Bill 19, Effective September 1, 2021, amended Subtitle F, Title 10 of the Texas Government Code to add Chapter 2274 which prohibits a political subdivision of the State of Texas from entering into a contract with a company that discriminates against the firearms and ammunition industries. By signing below, Bidder certifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as defined by Chapter 2274 of the Texas Government Code, and will not so discriminate during the term of the contract. 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -7- 2.35 2.36 TEXAS GOVERNMENT CODE/PROHIBITION OF BOYCOTT ENERGY COMPANIES: Senate Bill 13, effective September 1, 2022, amended Subtitle F, Title 10 of the Texas Government Code to add Section 2274.002 which prohibits a political subdivision of the State of Texas from entering into a contract with a company that discriminates against energy companies. By signing a Bid, the Bidder certifies that it does not boycott energy companies and will not boycott energy companies during the term of this contract. The awarded contract is subject to the appropriation of funds by the Authority Board in the Authority’s budget adopted for any fiscal year for the specific purpose of making payments pursuant to the awarded contract for that fiscal year. The obligation of the Authority pursuant to the awarded contract in any fiscal year for which the awarded contract is in effect shall constitute a current expense of the Authority for that fiscal year only, and shall not constitute an indebtedness of the Authority of any monies other than those lawfully appropriated in any fiscal year. In the event of non-appropriation of funds in any fiscal year to make payments pursuant to the awarded contract, the awarded contract may be terminated. 450 Cypress Creck Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -8- 3. SPECIAL CONDITIONS 3.1 Insurance The successful Bidder shall procure and maintain in force during the terms of any contract awarded pursuant to this IFB, at its own cost, the following minimum insurance coverage: A. Workers’ Compensation and Employer’s Liability: a. State of Texas: $1,000,000 Each Accident b. Employer’s Liability: $100,000 Each Accident $500,000 Disease-Policy Limit $100,000 Disease-Each Employee c. Waiver of Subrogation B. Commercial General Liability: a. Bodily Injury and Property Damage General Aggregate Limit: $1,000,000 b. Personal and Advertising Injury Limit: $500,000 c. Each Occurrence Limit: $1,000,000 The policy shall be on an Occurrence Form and include the following coverage: Premises Operations; Personal and Advertising Injury; Medical Payments; Liability assumed under an Insured Contract; Independent Contractors; and Broad Form Property Damage. Coverage provided should be at least as broad as found in Insurance Services Office (ISO) form CG0001. C. Commercial Automobile Liability Limits: a. Bodily Injury and Property Damage General Aggregate Limit: $1,000,000 b. Medical Payments: $5,000 Per Person c. Uninsured/Underinsured Motorist: $100,000 Prior to the execution of any awarded contract by the Authority, the successful Bidder shall forward Certificates of Insurance to the Purchasing Manager. The required insurance policies shall be procured and maintained in full force and effect for the duration of the awarded contract. Certificate Holder shall be the BCRUA at 450 Cypress Creek Rd., Cedar Park, Texas 78613. 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 « www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -9- 3.2 Damage Provision If in performance pursuant to an awarded contract, successful Bidder, or Bidder’s employee, affiliate, representative, partner, subcontractor, or agent, damages the Authority’s real or personal property, Bidder shall compensate the Authority for the cost of repair or replacement, whichever the Authority determines is appropriate under the circumstances. In such event, the Authority will provide to successful Bidder an invoice stating the actual cost of repairing or replacing the damaged property. Successful Bidder shall provide payment of the invoiced amount within thirty (30) days of its receipt of said invoice. Should successful Bidder refuse to compensate the Authority for the damage incurred, said invoiced amount shall be withheld from the amount payable to successful Bidder for services rendered pursuant to the awarded contract. This provision does not waive or diminish the Authority’s right to pursue any and all legal remedies to collect for damages caused by Bidder, or Bidder’s employee, affiliate, representative, partner, subcontractor, or agent. 3.3 Bid Terms By signing and submitting a Bid, Bidder agrees: 33.1 To hold this Bid open for one hundred twenty (120) days after the Due Date for review of the Bid. 3.3.2 That orders will be delivered, “F.O.B. Destination, Inside Delivery” within the time specified in the Bid after receipt of order by fax, in-person, or by mail. 3.3.3 To furnish goods and services in strict compliance with the terms, conditions, specifications, and performance requirements of this IFB. 3.3.4 That payment(s) will only be made from an original invoice, not from any statement, and invoices for payment shall be submitted via e-mail to accounts.payable@cedarparktexas.gov or via mail, courier, or personal delivery to: BCRUA Attn: Accounts Payable 450 Cypress Creek Rd. Bldg. | Cedar Park, Texas 78613 3.3.5 Invoices shall not include Federal Excise, State, or Authority sales taxes, as the Authority shall furnish a tax exemption certificate. 3.3.6 The Authority shall notify the successful Bidder of any contested invoice(s) in writing, and the Authority and successful Bidder shall mutually resolve such disputed invoice(s) within sixty (60) days of successful Bidder’s receipt of said notice of dispute. 3.4 The term of contract shall be for one year, beginning on the date of execution of the contract, and shall automatically renew for up to four (4) additional one (1) year periods. 450 Cypress Creek Rd. Bldg. 1 + Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -10- 3.5 Limit Award The Authority reserves the right to award multiple contracts for portions of this work to others, based on the Bids submitted, if it is in the best interest of the BCRUA. Alternatively, the Authority may, at its option, award by line item as opposed to awarding the entire Bid to the same vendor. 450 Cypress Creek Rd. Bldg. 1 » Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 + Fax: (512) 258-6083 -11- 4. SPECIFICATIONS 4.1 General Conditions 4.1.1 4.1.2 4.1.4 4.1.5 4.1.6 Certified Analysis: Each bid shall be accompanied by an affidavit stating the purity of the product to be provided and its suitability for the intended uses of BCRUA. During the bid evaluation process, BCRUA may require Bidders to submit samples and specifications of each chemical to be tested to determine the accuracy of the Bidders’ stated purity, chemical validity, and compatibility to operating equipment. Analysis of the sample shall be performed in a laboratory of BCRUA’s choice. If the sample purity is less than the stated purity, the cost of the analysis shall be paid by the Bidder. BCRUA reserves the right to have each shipment analyzed and to reject the shipment if it does not meet AWWA and NSF/ANSI standards. If Bidder needs to test polymer chemicals (Aqualum, HypertIon, Aqua Hawk) in order to provide an accurate bid, they may do so ONLY between the hours of 10 AM and 2 PM on April 29" & 30" at: BCRUA Water Treatment Plant 1906 Hur Industrial Blvd. Cedar Park, Tx. 78613 Orders shall be placed as required. After award of bid, the contact will be BCRUA Water Treatment Plant Superintendents or a designee. Contact the superintendent or the designee twenty-four (24) hours prior to delivery or with any technical questions you may have. Sampling and Testing Prior to Unloading: BCRUA reserves the right to subject samples of the chemicals to complete analyses to ensure that it meets specifications. Any load tested by BCRUA that fails to comply with the Specification shall constitute grounds for rejection of that load. No payment shall be made for chemicals that are rejected. In the event that the load is rejected, the Vendor shall have twenty-four (24) hours to supply another shipment. In the event that the Vendor is unable or unwilling to supply another shipment within this time period, BCRUA has the right to procure a shipment from another source and charge the Vendor the price difference, if any. Three rejections of a load or shipment during any period of this agreement may constitute automatic termination of the Vendor’s agreement with BCRUA. Sampling and Test of Shipment after Unloading: BCRUA reserves the right to subject samples of the chemicals to complete analyses to ensure that it meets specifications. Three failures during any period of this purchase order may constitute automatic termination of the Vendor’s agreement from BCRUA. 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 » Fax: (512) 258-6083 -12- 4.2 Delivery 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.2.6 BCRUA may request the successful Bidder (“Vendor”) to email a Certificate of Analysis (COA) of the product lot to be delivered. Packaging and shipment of chemicals shall conform to all current regulations of the State of Texas, the United States Department of Transportation (DOT) and all other applicable regulatory agencies. BCRUA reserves the right to change quantities and delivery dates at its discretion with a 24-hour notice before scheduled delivery. Before unloading and upon arrival to the site, the driver shall notify Operations, and present the Bill of Lading, the Certificate, and any other applicable order/delivery documents to the Operations representative. After review and approval of the delivery documents, Operations staff will then escort the driver to the appropriate unloading station. BCRUA reserves the right to reject the delivery based on inadequate or nonconforming information in these documents. All other documentation prescribed by DOT, ICC, other regulatory bodies and statutes must be provided when the chemical is delivered. The Vendor will be required to transport the shipments to the site and unload the product in an area designated by BCRUA. AII labor and equipment costs required for the loading and unloading of the product shall be borne by the vendor. Vendor shall bear all expenses associated with any chemical removal, site cleaning and material disposal due to an error on Vendor’s or their subcontractors’ part to transfer the chemical into the correct storage area. The transporting equipment shall be clean and free of residue that may contaminate the Vendor’s product or impede the unloading process. It is the Vendor’s responsibility to verify the cleanliness of the transporting equipment before loading. BCRUA may reject a load if the equipment is not properly cleaned. 4.2.7 All delivery vehicle drivers shall have a proper commercial driver’s license with a 4.2.8 Hazardous Material endorsement. BCRUA reserves the right to check driver’s license. Vendor is fully responsible for delivering the chemicals to the designated location without impacting the facility operation and/or condition. The Vendor shall be responsible for any spillage or leakage resulting from the failure of Vendor’s or its subcontractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require delivery personnel’s constant inspection and observation of unloading operations and knowledgeable response to problems and emergencies, which would most commonly be expected to occur. 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -13- 4.2.9 BCRUA reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking chemical. The Vendor shall observe the entire unloading operation and shall immediately report any spills caused during operations. 4.2.10 The Vendor shall indemnify and hold BCRUA harmless for any failure to properly report and/or comply with Federal and State rules/regulations regarding vendor caused spills or releases. The Vendor shall take immediate and appropriate actions to clean up any spilled/leaked liquid chlorine. 4.2.11 All delivery vehicles shall be fully equipped with all necessary container repair kits and self-contained breathing apparatus to properly respond to an emergency arising from uncontrolled discharge of the material provided. 4.2.12 Vendor shall provide an emergency response crew at no cost to BCRUA. Bidders shall state what emergency response crew will be used and a separate emergency telephone list. The emergency response crew must be capable of responding to an emergency within two (2) hours of notification that an emergency exists. If the spill is not cleaned up in a timely fashion, BCRUA will hire a qualified company to clean up the spill, and the cost of such service will charged to the Vendor and deducted from the amount due to the Vendor. 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -14- --FORMS TO BE RETURNED WITH BID— 5. BID The undersigned hereby declares: to have carefully examined the contract documents, including all addenda; have a clear understanding of said documents and premises; propose to provide the necessary tools, machinery, apparatus and other means of maintenance; and to furnish all labor, materials and services specified in the contract or called for in the contract documents for the prices as indicated below. BCRUA is in need of water treatment chemicals for BCRUA’s Water Plant located at 1906 Hur Industrial Blvd, Cedar Park, TX 78613. The intent of this solicitation is to allow the BCRUA to enter into a contract or multiple contracts for the procurement of the products specified on the following page at a fixed price for a twelve (12) month period. BCRUA will make award(s) based on Best Value as permitted in Section 252.043 of Texas Local Government Code. BCRUA will accept partial bids. Bidder shall submit pricing for any and all chemicals they wish to be considered for. If multiple Bidders bid on the same chemical, BCRUA reserves the right to award a primary vendor for each chemical (lowest bid) and one or more back up vendors in ascending bid order. PRICE INCREASE: Agreement prices for chemicals shall remain firm throughout the first twelve (12) month period of the Agreement. A price increase to the Agreement may be considered at renewal time each year thereafter and shall be equal to the lesser of: 1) consumer price index for that year, or 2) 5%. And at no time can the total increase be greater than 25% of the original unit price. CONSUMER PRICE INDEX (CPD: Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor Consumer Price Index for all Urban Consumers (CPI-U), All Items. The Price adjustment rate will be determined by comparing the percentage difference between: (a) the six month average unadjusted CPI using the most recent six months of available data at time of request, and (b) the six month average unadjusted CPI for the same six month period in the preceding year. The percentage difference between (a) and (b) will be the maximum allowable price adjustment rate. Please see the example provided below. No retroactive Agreement price adjustments will be allowed. CPI data can be found at the Bureau of Labor Statistics, Consumer Price Index website here: http://www.bls.gov/cpi/ PROCEDURE TO REQUEST INCREASE: Email the written price increase request with the rate detail comparison and comprehensive calculation to BCRUA's Purchasing Department a minimum of 30 days, but no sooner than 60 days, prior to each renewal period. The detailed written calculation will be verified and confirmed. All written requests for increases must include the BCRUA contract number, solicitation reference information, and contact information for the authorized representative requesting the increase. Price increase requests shall be sent by mail to: BCRUA Attn: Purchasing Department 450 Cypress Creek Rd, Bldg 1 Cedar Park, TX 78613 purchasing@cedarparktexas.gov 450 Cypress Creek Rd. Bldg. 1 + Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -15- Upon receipt of the request, BCRUA reserves the right to either accept the escalation and make changes to the Agreement within 30 days of the request, negotiate with the Vendor, or cancel the Agreement if an agreement cannot be reached on the value of the increase. Example Scenario and Calculation: 1. Agreement renewal date of December 1, 2024. 2. Price increase request due by: November 1, 2024. 3. Current period six month average will be calculated using unadjusted CPI data from May — October 2024. 4. Previous period six month average will be calculated using unadjusted CPI data from May — October 2023. 5. Current period six month average = 314.758 Previous period six month average = 306.236 7. Calculate % difference: oY (314.758 - 306.236) / 306.236 x 100 = 2.782 8. Max allowable price increase at renewal is 2.8% CONTRACT TIME: The Bidder agrees, if awarded the Contract, to commence work within ten (10) calendar days after receipt of a notice of award or in accordance with the schedule provided by owner. The term of this agreement shall be for one (1) year, beginning on the date of the execution of the agreement, and shall automatically renew for up to four (4) additional one (1) year periods. DOCUMENTS: Each Bidder by submittal of their IFB response represents and warrants that they are satisfied as to the requirements and provisions of the IFB for this project and the documents describing the scope of work. Signature: Jermifer Guajardo- Mau vO UY MOLD Title: Bid Supervisor | | Date: 5/12/2025 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 » Fax: (512) 258-6083 -16- PRICING SHEET *** BIDDER MUST ATTACH SAFETY DATA SHEETs (SDS) FOR ALL CHEMICALS BID *** Approximate Approximate Can you deliver Chemical Mes eat Delivery Delivery Location Annual Unit aaveea within 5 business Frequency Quantity days? (Y or N) 1906 Hur Industrial Blvd Sodium Hypochlorite - 12% Bleach 5000Ga! Every 1-2 weeks Cedar Park Texas 78613 195,000 Gallons 1906 Hur Industrial Blvd Yes Liquid Ammonium Sulfate 48,000Ibs Every 4-6 weeks Cedar Fark Texas 78613 936,000 Pounds $0. 114 5-14 days Every 10-12 1906 Hur Industrial Blvd Aqualum 3003 35,200Ibs weeks Ceca hein texas 78015 176,000 Pounds Every 4-6 1906 Hur Industrial Blvd Aqualum 3003 6 totes months ee AG es 28,584 Pounds 1906 Hur Industrial Blvd Aluminum Chlorohydrate + 4% LCS 48,000Ibs Every 3-4 weeks Cedar Park Texas 78613 624,000 Pounds 1906 Hur Industrial Blvd Aqua Hawk 9937 6 totes TERE. Cegal rant Teses Zeeks 32,410 Pounds 1906 Hur Industrial Blvd Fluorosilic Acid 23% 35,200 Every 6-8 weeks Coder beth exes 78613 211,200 rome, | 12822 aid days 1906 Hur Industrial Blvd Sodium Permanganate 3000 4-6 months CedaniPark Texas 78623 6000 Gallons 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 + www.cedarparktexas.gov * (512) 401-5000 + Fax: (512) 258-6083 =47 - 6. DEMONSTRATION OF EXPERIENCE Years in business under present business name: 40 Total years of experience in work of the type called for in this contract: 40 List in table below the contracts of similar scope and scale to the Authority’s IFB has your organization completed. List most recent FIRST: Contract Amount | Type of Work Date Completed | Owner’s Name & Contact Info $28,500.00 | ea enium Sulfate | 2/28/2025 Stophanie Hobart 502-348-5947 $89,280.00 Hydro nuvellcie Ac ; 1/10/2025 Natali Lopae 911439. ‘304 sooeesoo | eet aici nea {817204 Sheny Petit 90351-1232 $37,225.00 Hydretuoslicie Aid 6/25/2024 Lary Thompson 918-440-454 List in the table below what contracts your organization currently has: Contract Amount | Type of Work Projected Owner’s Name & Contact Info Date of Completion Supply and deliver of Liquid 12/31/2025 Bell County, Killeen, TX $182,000 Ammonium Sulfate Ricky Garrett 254-501-9243 somgar | SuPevanddetnerattiaid | gryagas | Ciera TH $711,000 Hyde toosiicie Ac 4 6/24/2025 oe unicoal Water Disc Nancy Leyva 972-442-5405 $65,536.00 Hiydeottaosliie Act ; 7/15/2025 Danny Rowell Sonrea2 464 If you have any additional experience or work that you would like to submit, please provide separate additional documentation upon submittal. 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -18- Have you ever failed to complete any contract awarded to you? O Yes No If “Yes”, state where and why. Are you at present in any major litigation or lawsuits involving work of any type? OYes &No If “Yes”, explain: Explain in detail the manner in which you have inspected the work proposed in this contract: 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 « Fax: (512) 258-6083 -19- 7, LIST OF MACHINERY AND EQUIPMENT It is required that a Contractor be able to perform the requested services. It is represented as part of this Bid that the below listed equipment is available for use on the work covered by the Scope of Work. As a part of the Bid evaluation BCRUA may inspect the availability and capability of the equipment of the Contractor submitting the winning Bid. Units Types of Equipment n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Wa n/a n/a n/a 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -20- 8. VENDOR PROFILE Company Name: Pencco, Inc and D/B/A: Telephone Numbers: Phone: 979-885-0005 or 800-864-1742 Fax: 979-885-3208 If there is no toll free number, does the company accept collect calls? O Yes (X No Contacts: Corporate Contact for this Bid: Name: Jennifer Guajardo, Bid Supervisor Address: P. O. Box 600 Authority, State, Zip: San Felipe, TX 77473 Phone: 979-885-0005 Fax: 979-885-3208 E-mail: jguajardo@pencco.com Website: www.pencco.com If local contact is the same as corporate contact, check here Local Contact for this Bid: Name: Address: Authority, State, Zip: Phone: Fax: E-mail: Number of years the company has been in business under this name: 40 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 2 - 9. BID RESPONSE FORM By signing and submitting this Bid, Bidder acknowledges that they have inspected the specifications, are capable and willing to perform and/or provide the required services and/or products, and shall complete this project within the amount of time and dollar amount specified. The undersigned certifies that the prices contained in this Bid have been carefully checked and submitted as correct and final. All unit prices include the cost of delivery. The undersigned is authorized to bind themselves or the entity they represent to a contract. DO An individual proprietorship 1 A partnership ] A corporation chartered under the laws of the State of Texas, acting by its officers pursuant to its by-laws or a resolution of its Board of Directors Signature: Cd Uh N HV Udo Printed Name: Jennifer Guajardo Title: Bid Supervisor Date: 5/12/2025 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 » www.cedarparktexas.gov * (512) 401-5000 « Fax: (512) 258-6083 =-22- 10. REFERENCES Bidder shall submit a list of at least three (3) references for which Bidder has provided like products or services. References will include contact name and telephone number. Bids submitted without three references may be disqualified from consideration. Cedar Park/Austin area references are preferred. Company: City of Arlington, TX Contact name: Natali Logue Phone number: 917-459-6304 Email: natali.logue@arlingtontx.gov Company: Bell County, Killeen, TX Contact name: Ricky Garrett Phone number: 254-501-9243 Email: general@weid1.org Company: City of Paris, Texas Contact name: Danny Rowell Phone number: 903-784-2464 Email: drowell@paristexas.gov Company: City of Wylie, TX; North Texas Municipal Water District Contact name: Nancy Leyva Phone number: 972-442-5405 Email: nleyva@ntmwd.com Company: City of New Braunfels, TX Contact name: Ray Valdez Phone number: 830-608-8860 Email: rvaldez@nigp.com* 450 Cypress Creek Rd. Bldg. 1 + Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -23- 11. DEVIATION OR COMPLIANCE FORM DEVIATIONS: In the event the undersigned Bidder intends to deviate from the general terms, conditions, special conditions or specifications contrary to those listed in the “Terms and Conditions” and other information attached hereto, all such deviations must be LISTED ON THIS PAGE, with complete and detailed conditions and information also being attached (attach additional pages as necessary). NO DEVIATIONS: In the absence of any deviation entry on this page, Bidder assures the Authority of Bidder’s compliance with the Terms, Conditions, Specifications, and information contained in this IFB. Deviation | Deviation IFB Reference . (related to the Detailed Deviation Description # Title eas deviation) Wa n/a n/a n/a na n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 450 Cypress Creek Rd. Bldg. 1 « Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 « Fax: (512) 258-6083 -24- 12. RELEASE AND INDEMNIFICATION TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDDER HEREBY AGREES AND CONSENTS FOR ITSELF, INDIVIDUALLY, AND ON BEHALF OF THE BUSINESS ENTITY, TO FULLY AND UNCONDITIONALLY RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE BCRUA, TEXAS, INCLUDING ITS OFFICERS, AGENTS AND EMPLOYEES, AND TO DEFEND AND HOLD IT HARMLESS FROM AND AGAINST ANY AND ALL COSTS, EXPENSES, ATTORNEY FEES, CLAIMS, SUITS, DEMANDS, LOSSES, OR LIABILITY FOR INJURIES TO REAL OR PERSONAL PROPERTY AND INJURIES TO PERSONS INCLUDING DEATH, INCLUDING BIDDER’S EMPLOYEES, AFFILIATES, REPRESENTATIVES, PARTNERS, AGENTS, OR THOSE WORKING ON BIDDER’S BEHALF, FROM ANY AND ALL OTHER COSTS, EXPENSES, ATTORNEY FEES, CLAIMS, SUITS, DEMANDS, LOSSES OR LIABILITIES OF ANY AND EVERY NATURE WHATSOEVER ARISING IN ANY MANNER, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH ANY CONTRACT AWARDED PURSUANT TO THIS IFB AND IN THE PERFORMANCE THEREOF, REGARDLESS OF CAUSE OR OF THE SOLE, JOINT, COMPARATIVE OR CONCURRENT NEGLIGENCE OR GROSS NEGLIGENCE, SAVE AND EXCEPT THE SOLE AND EXCLUSIVE NEGLIGENCE OF THE AUTHORITY. THIS PROVISION SHALL APPLY TO ALL IMPUTED OR ACTUAL JOINT ENTERPRISE AND JOINT VENTURE LIABILITY, IF ANY. Signature: Jenmifer guajardol\/) JW) nN UY (WAcha Printed Name: Jennifer Guajardo V V ~ Title: Bid Supervisor Date: 5/12/2025 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -25- 13. NON-COLLUSION ACKNOWLDGEMENT The undersigned Bidder affirms that they are duly authorized to execute this Bid, that this company, corporation, firm, partnership or individual has not prepared this Bid in collusion with any other Bidder, and that the contents of this Bid as to prices, terms and conditions thereof have not been communicated by the undersigned Bidder, nor by Bidder’s employee, affiliate, representative, partner, subcontractor, or agent, to any other individual or entity engaged in this type of business prior to the official opening of this IFB. Company Name: Pencco, Inc. Signature of Company Officer: Jermifer Guajardo\ dA yt vay (MM (LO Company Officer Printed Name: Jennifer Guajardo | Title: Bid Supervisor Date: 5/12/2025 14. SUSPENSION OR DEBARMENT CERTIFICATE Non-Federal entities are prohibited from contracting with or making subcontract awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement for goods or services equal to or in excess of $100,000.00. Contractors receiving individual awards for $100,000.00 or more and all subcontract recipients must certify that the organization and its principals are not suspended or debarred. By submitting this offer and signing this certificate, Bidder certifies that no suspension or disbarment is in place, which would preclude receiving a federally funded contract under the Federal OMB, A-102, Common Rule, as may be amended. Company Name: Pencco, Inc. Signature of Company Officer: Jennifer Guajardo- LUA py 4 (MLO Company Officer Printed Name: Jennifer Guajardo Title: Bid Supervisor Date: 5/12/2025 450 Cypress Creek Rd. Bldg. 1 + Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -26- 15. COOPERATIVE PURCHASING Interlocal Cooperative Contracting/Purchasing: Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791 Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the BCRUA’s IFB, with the consent and agreement of the successful Bidder(s) and the BCRUA. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in Bidder’s Bid. However, all parties indicate their understanding and all parties hereby expressly agree that the BCRUA is not an agent of, partner to, or representative of those outside agencies or entities and that the BCRUA is not obligated or liable for any action or debts that may arise out of such independently-negotiated cooperative procurements. Other governmental entities utilizing Interlocal agreements with the BCRUA, may desire, but are not obligated, to purchase goods and services defined in this Bid from the successful Bidder. All purchases by governmental entities, other than the BCRUA, will be billed directly to and paid by that governmental entity. The BCRUA will not be responsible for other governmental entities debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the specifications. Prior to other governmental entities placing orders, the BCRUA will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement with the BCRUA. LJ Yes, others can purchase; XI] No, only the BCRUA can purchase. Signature: Jernmifer Guajardo- LU dy OU ano Printed Name: Jennifer Guajardo ~ Title: Bid Supervisor Date: 5/12/2025 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 + Fax: (512) 258-6083 -27)- 16. CONFLICT OF INTEREST AND QUESTIONAIRE Please sign, if applicable The Texas Ethics Commission adopted the attached Conflict of Interest Questionnaire (Form CIQ) pursuant to Texas Local Government Code Chapter 176, as amended. For questions about these forms, please see the Texas Ethics Commission at: https://www.ethics.state.tx.us/data/forms/conflict/CIO.pdf Bidder shall answer each question in the attached Form CIQ in relation to the following individuals and submit a completed form with its Bid: Local Government Local Government Assistant Officer ite Officer fis Na’Cole Thompson President of Board of Anne Dutly Vice President of Board of Directors Directors Rene Flores Secretary Jason Anderson Citizen Director Hilda Montgomery Citizen Director Mel Kirkland Citizen Director Sam Roberts General Manager Christian Culver Superintendent Jennifer Baumeister ACMINISHAR YE SUPDOH Ryan Manilla Supervisor 450 Cypress Creek Rd. Bldg. 1 + Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -28- CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). Date Recelved By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section Is a misdemeanor. 1] Name of vendor who has a business relationship with local governmental entity. Jennifer Guajardo, Bid Supervisor, Pencco, Inc. 2 2 [| Check this box If you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 | Name of local government officer about whom the information is being disclosed. N/A Name of Officer 4] Describe each employment or other business relationship with the local government officer, or a famtly member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? [| Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? [| Yes No 5! Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership Interest of one percent or more. N/A 6 | [| Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). dui Mviacla Jennifer Guajardo 12 May 2025 Signature of vendor doing business with the governmental entity Date j V Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): “Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) atransaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) apurchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) Alocal government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or ({C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 17. DISCLOSURE OF INTERESTED PARTIES Prior to entering into a contract that is at least $1 million in value, the Bidder must submit a “Certificate of Interested Parties” Form, in accordance with Texas Government Code Section 2252.908, as amended. Within 30 days of receipt of the form, the Authority must submit a copy to the Texas Ethics Commission. 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 * Fax: (512) 258-6083 -29- 18. W-9 FORM 450 Cypress Creek Rd. Bldg. 1 * Cedar Park, Texas 78613 * www.cedarparktexas.gov * (512) 401-5000 + Fax: (512) 258-6083 ~30- Request for Taxpayer - com VU 9 . . . . Give form tothe _ (Rev. March 2024) Identification Number and Certification requester. Do not pneaiey vent of ey Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below, 4 Name of entity/individual. An entry is required. (For a sole propristor or disregarded entity, enter the ownor's name on line 1, and enter the business/disregarded entity's nama on line 2.) Pencco, Inc. 2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on fine 1. Check only one of tha following seven boxes. [C] individuatsele proprietor © [_] © corporation (] Partnership [LJ Ute: Enter the tax classification (C = C comeration, S = S corporation, P = Partnership) Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, 5, or P) tor the tax classification of the LLC, unless it fs a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. 4 Exemptions (codes apply only ta certain entities, not individuals; see instructions on page 3): [7] Scorporation (1 Trusvestete Exempt payee code {if any) Exemption from Foreign Account Tax Compliance Act (FATCA) raporting Print or type See Spacific Instructions on page 3. (1 otter (see instructions) code Gf any) 3b If on fine-3a you checked “Partnership” or “Trust/estate,” or checked “LLC* and entered “P” as its tax classification, . . . and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check Prveido tho United Stae) this box if you have any foreign partners, owners, or beneficiaries. See instructions . . & Address (number, street, and apt. or suite no.). See instructions. Requester’s name and address (optional) PO Box 600 6 City, state, and ZIP code San Felipe, TX 77473 7 List account number(s) here (optional) EES Taxpayer identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a residant alien, sole preprietor, or disregarded entity, see the instructions for Part |, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Social security number or Employer Identification number Note: {f the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. 71i4}-]2]/3131/3)3)8)4 _ Certification Under penatties of perjury, | certify that: 4. The number shown on this form is my correct taxpayer identification number (or | am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because (a) | am exempt from backup withholding, or (b) | have not been notified by the Internal Revenue Service (IRS) that | am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that lam no longer subject to backup withholding; and 3.1 ama U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that | am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that-yau are currently subject to backup withholding because you hava failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement:(IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN, See the | instructions for Part Il, later. nee _|t imct Uy Mv ancl) ow 3|24 12 General | nstructions New line 3b has been added to this form. A flow-through entity: is required to complete this ling'to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners; or beneficiaries, so.that It can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3, See the Partnership instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS ts giving you this form because they noted. Future developments. For the latest Information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Lins 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLG” box and enter its appropriate tax classification. Gat. No. 10231X Form W-9 (Rav. 3-2024) pencco PO Box 600 San Felipe, Texas 77473 (979) 885-0005 Fax: (979) 885-3208 BOARD OF DIRECTORS MEETING Prior notice was waived, and a meeting of the Directors was held on February 20, 2025. The following resolution was adopted in respects to the official signing of bids and contracts on behalf of Pencco, Inc. BE IT RESOLVED that Sarah Duffy, Bid Director, of the Corporation has authority to negotiate for and sign any bids/contracts which the Corporation might enter into for the furnishing of goods and services for the Corporation under such terms, conditions and stipulations, as for such consideration as she may deem to be in the best interest of the Corporation. BE IT RESOLVED that Jennifer Guajardo, Bid Supervisor, of the Corporation has authority to negotiate for and sign any bids/contracts which the Corporation might enter into for the furnishing of goods and services for the Corporation under such terms, conditions and stipulations, as for such consideration as she may deem to be in the best interest of the Corporation. No further business was necessary, and the meeting was concluded. Ko? plane R. L. Horne, President ne One Aline Horne, Secretary pencco PO Box 600 San Felipe, Texas 77473 (979) 885-0005 Fax: (979) 885-3208 AFFIDAVIT OF COMPLIANCE This is to certify that the Hydrofluorosilicic Acid supplied by our company meets AWWA Standard B703-19 or the latest revision and is certified to NSF/ANSI Standard NSF-60. Signature R. L. Horne, President Name and Title of Official 4/25/2023 Date pencco PO Box 600 San Felipe, Texas 77473 (979) 885-0005 Fax: (979) 885-3208 AFFIDAVIT OF COMPLIANCE This is to certify that the Liquid Ammonium Sulfate supplied by our company meets AWWA Standard B302-16 or the latest revision and is certified to NSEF/ANSI Standard NSF-60. Signature RL Horne, President Name and Title of Official 8/1/2023 Date 3/20/25, 5:04 PM Listing Category Search Page | NSF International The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Thursday, March 20, 2025 at 12:15 a.m. Eastern Time. Please contact NSF to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=pencco& NSF/ANSI/CAN 60 Drinking Water Treatment Chemicals - Health Effects PENCCO, Inc. 831 Bartlett Road Sealy, TX 77474 United States 800-864-1742 979-885-0005 Visit this company's website (http://www.pencco.com) Facility : Distribution Center - Gadsden, AL Ferric Sulfate Trade Designation Product Function Max Use 50% Ferric Sulfate Coagulation & Flocculation 650meg/L 60% Ferric Sulfate Coagulation & Flocculation 650me/L Ferric Sulfate Coagulation & Flocculation 650mg/L Ferric Sulfate Solution Coagulation & Flocculation 650meg/L Poly Ferric Sulfate Coagulation & Flocculation 650mg/L https://info.nsf.org/Certified/PwsChemicals/Listings.asp? CompanyName=pencco& TradeName=&ChemicalName=&ProductFunction=&PlantState=&PI... 1/6 3/20/25, 5:04 PM Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid HFS HFSA Hydrofluorosilicic Acid Hydrofluosilicic Acid Listing Category Search Page | NSF International Product Function Fluoridation Fluoridation Fluoridation Fluoridation Fluoridation Fluoridation Facility : Distribution Center - Stockton, CA Ferric Chloride Trade Designation Ferric Chloride Hydrofluosilicic Acid Trade Designation Fluorosilicic Acid Fluosilicic Acid HFS HFSA Hydrofluorosilicic Acid Hydrofluosilicic Acid Facility : Vernon, CA Ferric Chloride Trade Designation Ferric Chloride Ferrous Chloride Trade Designation Ferrous Chloride https://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=pencco& TradeName=&ChemicalName=&ProductFunction=&PlantState=&PI... Product Function Coagulation & Flocculation Product Function Fluoridation Fluoridation Fluoridation Fluoridation Fluoridation Fluoridation Product Function Coagulation & Flocculation Product Function Coagulation & Flocculation Max Use 5mg/L 5mg/L 5mg/L 5mg/L 5mg/L 5mg/L Max Use 600m¢g/L Max Use 5mg/L 5mg/L 5mg/L 5mg/L 5mg/L 5mg/L Max Use 600m¢g/L Max Use 500mg/L 2/6 3/20/25, 5:04 PM Listing Category Search Page | NSF International Facility : Distribution Center - Willow Springs, IL Hydrofluosilicic Acid Trade Designation Product Function Max Use Fluorosilicic Acid Fluoridation 5mg/L Fluosilicie Acid Fluoridation 5mg/L Hydrofluosilicic Acid Fluoridation 5mg/L Facility : Distribution Center - Whippany, NJ Hydrofluosilicic Acid Trade Designation Product Function Max Use Hydrofluosilicic Acid Fluoridation 5mg/L Facility : Middlesex, NC Ammonium Sulfate Trade Designation Product Function Max Use Ammonium Sulfate Chloramination 55mg/L LAS Chloramination 55mg/L Liquid Ammonium Sulfate Chloramination 55mg/L Blended Coagulation Chemicals Trade Designation Product Function Max Use COAGteC PFS Coagulation & Flocculation 200mg/L Ferric Sulfate Trade Designation Product Function Max Use 50% Ferric Sulfate Coagulation & Flocculation 650mg/L 60% Ferric Sulfate Coagulation & Flocculation 650mg/L Ferric Sulfate Coagulation & Flocculation 650mg/L Penn 3202 Coagulation & Flocculation 650m¢/L Poly Ferric Sulfate Coagulation & Flocculation 650mg/L Hydrofluosilicic Acid https:/info.nsf.org/Certified/PwsChemicals/Listings.asp? CompanyName=pencco& TradeName=&ChemicalName=&ProductFunction=&PlantState=&PI... 3/6 3/20/25, 5:04 PM Listing Category Search Page [ NSF International Trade Designation Product Function Max Use Fluorosilicic Acid Fluoridation 5m¢/L Fluosilicic Acid Fluoridation 5mg/L Hydrofluorosilicic Acid Fluoridation 5m¢g/L Hydrofluosilicic Acid Fluoridation 5mg/L Facility : Distribution Center - Bardwell, TX Ferric Chloride Trade Designation Product Function Max Use Ferric Chloride Coagulation & Flocculation 600mg/L Pencco 3012 Coagulation & Flocculation 600mg/L Ferric Sulfate Trade Designation Product Fimction Max Use Ferric Sulfate Solution Coagulation & Flocculation 650m¢/L Ferrous Chloride Trade Designation Product Function Max Use Ferrous Chloride Corrosion Control 500mg/L Coagulation & Flocculation Pencco 0210 Corrosion Control 500mg/L Coagulation & Flocculation Hydrofluosilicic Acid Trade Designation Product Function Max Use Fluorosilicic Acid Fluoridation 5m¢g/L Fluosilicie Acid Fluoridation 5meg/L Hydrofluorosilicic Acid Fluoridation 5mg/L Hydrofluosilicic Acid Fluoridation 5mg/L Facility : Ennis, TX Ferric Chloride Trade Designation Product Function Max Use Ferric Chloride Coagulation & Flocculation 600mg/L https://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=pencco& TradeName=&ChemicalName=&ProductFunction=&PlantState=&PI... 46 3/20/25, 5:04 PM Listing Category Search Page | NSF International Pencco 3012 Coagulation & Flocculation 60omg/L Ferric Sulfate Trade Designation Product Function Max Use 50% Ferric Sulfate Coagulation & Flocculation 650mg/L 60% Ferric Sulfate Coagulation & Flocculation 650mg/L Ferric Sulfate Coagulation & Flocculation 650meg/L Ferric Sulfate Solution Coagulation & Flocculation 650mg/L Poly Ferric Sulfate Coagulation & Flocculation 650mg/L Ferrous Chloride Trade Designation Product Function Max Use Ferrous Chloride Corrosion Control 500mg/L Coagulation & Flocculation Pencco 0210 Corrosion Control 500meg/L Coagulation & Flocculation Ferrous Sulfate[1] Trade Designation Product Function Max Use Ferrous Sulfate Coagulation & Flocculation 150m¢g/L GreenIron Coagulation & Flocculation 150mg/L SafelIron Coagulation & Flocculation 150mg/L [1] Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Hydrofluosilicic Acid Trade Designation Product Function Max Use Fluorosilicic Acid Fluoridation 5mg/L Fluosilicic Acid Fluoridation 5mg/L Hydrofluorosilicic Acid Fluoridation 5mg/L Hydrofluosilicic Acid Fluoridation 5mg/L Facility ; Sealy, TX Ammonium Sulfate Trade Designation Product Function Max Use https://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=pencco& TradeName=&ChemicalName=&ProductFunction=&PlantState=&PI... 5/6 3/20/25, 5:04 PM Listing Category Search Page | NSF International Ammonium Sulfate Chloramination Ferric Sulfate Trade Designation Product Function 50% Ferric Sulfate Coagulation & Flocculation 60% Ferric Sulfate Coagulation & Flocculation Ferric Sulfate Coagulation & Flocculation Ferric Sulfate Solution Coagulation & Flocculation Penn 3202 Coagulation & Flocculation Poly Ferric Sulfate Coagulation & Flocculation Hydrofluosilicic Acid Trade Designation Product Function Fluorosilicic Acid Fluoridation Fluosilicie Acid Fluoridation Hydrofluosilicic Acid Fluoridation 55mg/L Max Use 650mg/L 650mg/L 650m¢g/L 650mg/L 650mg/L 650mg/L Max Use 5mg/L 5mg/L 5mg/L Number of matching Manufacturers is 1 Number of matching Products is 72 Processing time was 0 seconds https://info.nsf.org/Certifled/PwsChemicals/Listings.asp?CompanyName=pencco& TradeName=&ChemicalName=&ProductFunction=&PlantState=8P'... 6/6 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2/8/24 Safety Data Sheet (SDS) Hydrofluorosilicic Acid SECTION 1 - Chemical Identification and Supplier’s Information Product Identification: Hydrofluorosilicic Acid Chemical Formula: H2SiFe Chemical Family: N/A CAS #: 16961-83-4 Use: Industrial Use Supplier's Name & Address: Pencco, Inc. P.O. Box 600 San Felipe, TX 77473 Emergency Phone: Pencco (979) 885-0005 CHEMTREC (800) 424-9300 — 24 hours a day SECTION 2 — Hazards Identification Classification of the Substance/Mixture Corrosive to Metals Category 1 Acute Toxicity (Oral) Category 4 Acute Toxicity (Dermal) Category 3 Skin Corrosion/Irritation Category 1B Eye Damage/Irritation Category 1 Acute Toxicity (Inhalation) Category 4 Sek Signal Word: Danger Pictograms: Safety Data Sheet — Hydrofluorosilicic Acid Page 1 of 8 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2/8/24 Hazard Statements: May be corrosive to metals (H290) Harmful if swallowed (H302) Toxic in contact with skin (H311) Causes severe skin burns and eye damage (H314) Harmful if inhaled (H332) Precautionary Statements - Prevention: Keep only in original container. (P234) Do not breathe fumes, gases, mists, vapors, or sprays. (P260) Wash face, hands, and: any exposed skin thoroughly after handling. (P264) Do not eat, drink, or smoke when using this product. (P270) Use only outdoors or in a well-ventilated area. (P271) Wear protective gloves, clothing, and eye/face protection. (P280) . Precautionary Statements — Response: If swallowed: Rinse mouth. DO NOT induce vomiting. (P301+P330+P331) Call a poison center or doctor if you feel unwell. (P312) If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water or shower. (P303+P361+P353) Call a poison center or doctor if you feel unwell. (P312) Wash contaminated clothing before reuse. (P363) If inhaled: Remove person to fresh air and keep comfortable for breathing. (P304+P340) Immediately call a poison center or doctor. (P310) Specific treatment can be found in Section 4 — First Aid Measures of SDS. (P321) If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do - continue rinsing. (P305+P351+P338) Absorb spillage to prevent material damage. (P390) Precautionary Statements — Storage: Store locked up. (P405) Store in corrosive resistant container with a resistant inner liner. (P406). Precautionary Statements — Disposal: Dispose of contents and container in accordance with local, regional, national, and international regulations. (P501). SECTION 3 —- Composition/Information on Ingredients Chemical Identity: Hydrofluorosilicic Acid Common Name and synonyms: HFSA, Fluorosilicic acid, Hexafluorosilicic acid, hydrosilicofluoric acid Ingredient CAS # Weight Percentage Hydrofluorosilicic Acid 16961-83-4 25% Water/Inactive Ingredients 7732-18-5 15% Safety Data Sheet — Hydrofluorosilicic Acid Page 2 of 8 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2/8/24 *All components are NSF compliant SECTION 4 - First Aid Measures Description of First Aid Measures Eye Contact: Immediately flush eyes for 15 minutes with large amounts of water while holding eyelids apart. Washing within one minute is essential to achieve maximum effectiveness. Obtain medical attention IMMEDIATELY after flushing. Skin Contact: Flush skin with water for at least 15 minutes. Remove contaminated clothing; wash before reuse. If irritation is still present, seek medical attention IMMEDIATELY. Inhalation: Remove to fresh air. If not breathing, give artificial respiration. If breathing is difficult, give oxygen. Obtain medical attention IMMEDIATELY. Ingestion: DO NOT INDUCE VOMITING. Give 1 or 2 glasses of water or milk. Never give anything by mouth to an unconscious individual. Obtain medical attention IMMEDIATELY. Most important symptoms and effects, both acute and delayed Harmful if swallowed, toxic in contact with skin. Causes severe skin burns and eye damage. SECTION 5 - Fire Fighting Measures Flash Point: Not applicable. Upper/Lower Explosion Limits in Air: Not applicable. Auto Ignition Temperature: Not applicable. Suitable Extinguishing Media: Will not burn; use materials appropriate for surrounding fire. Do not get water inside containers. Do not apply water stream directly at source of leak. Do not use a heavy water stream. A direct water stream will cause violent splattering and generation of heat. Unsuitable Extinguishing Media: Water jets are not recommended in fires involving chemicals. Special hazards arising from the substance or mixture: Hydrogen fluoride silicon oxides Not combustible. Ambient fire may liberate hazardous vapours. Fire and Explosion Hazards: Not flammable. Under conditions of fire this material may produce: silicon oxides; hydrogen fluoride; tetrafluorosilane. Decomposes above 108 °C (227 °F) Protective Equipment and Precautions for Firefighters: Firefighters should wear proper protective equipment and self-contained breathing apparatus with full face-piece operated in a positive pressure mode. Move exposed containers from fire area if it can be done without risk. Use water to keep fire-exposed containers and tanks cool. Do not allow run-off from fire fighting to enter drains or water courses. Hazardous Product of Decomposition or Combustion: Unknown. Safety Data Sheet — Hydrofluorosilicic Acid Page 3 of 8 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2/8/24 SECTION 6 — Accidental Release Measures Personal Precautions: Review safety precautions before proceeding with cleanup. Use appropriate personal protection equipment. Do not touch spilled material. Soak spills up with acid compatible absorbent material because neutralizing can lead to an exothermic reaction that will generate vapors. Restrict access to area until completion of clean up. Caution: Ventilation should be provided in enclosed areas. Dike area around spill to prevent spreading, and use absorbent material to pick upspill. Environmental Precautions: Prevent material from entering waterways, sewers or confined spaces. Notify local health and wildlife officials. Notify operators of nearby water intakes. Methods and Materials for Containment and Cleaning Up: Notify the appropriate environmental authorities. Note that spills may need to be reported to the National Response Center ((800) 424-8802) SECTION 7 —- Handling and Storage Precautions for Safe Handling Handling: Avoid all eyes and skin contact and avoid creating or breathing vapor and mist. Vapor and mist can be created by exceeding boiling point (277°F). Wear recommended personal protective equipment. Ensure there is adequate ventilation, such as outdoors. Keep away from heat and open flame. Employ good maintenance practices to prevent leaks. Use good process control measures to prevent releases. Handle in accordance with good industrial hygiene and safety practice. Avoid contact with skin, eyes, and clothing. Do not eat, drink, or smoke when using this product. Storage: Reacts with many metals to produce flammable and explosive hydrogen gas. Keep away from strong acids and bases, chlorites, organic peroxides, combustible materials, and metals. Store in dry, cool area. Store in a well-ventilated place away from heat and sources of ignition. Large tanks should be bermed and electrically grounded. Avoid using glass, metal, or stoneware containers. Empty containers may contain hazardous residues. Protect label and keep it visible. Do not transfer to metal containers. SECTION 8 - Exposure Controls and Personal Protection Exposure limits Ingredient Exposure Limits ACGIH TLV (United States, 3/2020): Hydrofluorosilicic Acid TWA: 2.5 mg/m3, (as F) 8 hours. OSHA PEL 1989 (United States, 3/1989): TWA: 2.5 mg/m, (as F) 8 hours. OSHA PEL (United States, 5/2018): TWA: 2.5 mg/m, (as F) 8 hours. OSHA PEL Z2 (United States, 2/2013): TWA: 2.5 mg/m? 8 hours. Form: Dust Safety Data Sheet — Hydrofluorosilicic Acid Page 4 of 8 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2/8/24 Engineering controls Ventilation Requirements: Mechanical ventilation (dilution or local exhaust), process or personnel enclosure and control of process conditions should be provided in accordance with all fire codes and regulatory requirements. Supply sufficient replacement air to make up for air removed by exhaust systems. Other: An emergency shower and eyewash station should be available, tested, and be in close proximity to the product being handled in accordance with provincial regulations. Personal Protective Equipment (PPE) Respiratory Protection: Use a NIOSH-approved cartridge respirator or self-contained breathing apparatus whenever exposure may exceed established Occupational Exposure Limits. Use respirator approved for acid fumes and mist. Eye Protection: Use chemical safety goggles and face shield. Do not wear contact lenses. Skin Protection: Where there is possibility of skin contact, use the following as appropriate, to avoid skin contact: gloves impervious to material, apron, boots, hood, pants, and jacket. Maintain a safety shower with quick opening valves. Water should be supplied through insulated and heat-traced lines to prevent freeze-ups in cold weather. SECTION 9 - Physical and Chemical Properties Appearance Water white to straw | UEL N/A yellow liquid Odor Slightly acrid LEL N/A Odor Threshold N/A Vapor Pressure 24mm Hg at 25°C pH 1.5 - 2.0 Vapor Density N/A Melting Point -18 - -20 °C (-1-4 Specific Gravity 1.2 at 24°C °F) Freezing Point N/A Solubility Completely soluble Boiling Point 136+ 163°C (277 - Partition Coefficient N/A 326°F) Boiling Range N/A Auto-ignition Temperature N/A Flash Point Not Flammable Decomposition Temperature N/A Evaporation Rate | N/A Viscosity N/A Flammability N/A Molecular Weight 144 g/mol SECTION 10 — Stability and Reactivity Reactivity: Reacts with metals to form flammable hydrogen gas. May be corrosive to metals Stability: Stable at normal conditions. Hazardous Polymerization: Will not occur. Safety Data Sheet — Hydrofluorosilicic Acid Page 5 of 8 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2/8/24 Hazardous Decomposition Products: Thermal decomposition yields hydrogen silica tetrafluoride and hydrogen fluoride gas. Incompatibility: Metals, glass, stoneware, alkali, strong concentrated acids. SECTION 11 - Toxicological Information Acute Toxicity LD5O oral rat = 125 mg/kg. Harmful if swallowed. Toxic in contact with skin. Causes severe skin burns and eye damage. Chronic Effects: Prolonged absorption of fluorides may result in fluorosis. Symptoms include changes in bone density, ossification of ligaments and mottling of the dental enamel. Carcinogenicity: None of the components of this material are listed as a carcinogen by IARC, NTP, OSHA, or ACGIH. Reproductive Effects: No reproductive effects are known. Target Organs: No data available. SECTION 12 - Ecological Information Ecotoxicological Information: Acute toxicity to aquatic invertebrates: LD50 = 140 mg/kg. Persistence and Degradability: No data available. Bioaccumulative potential: No data available. Mobility in soil: No data available Endocrine disrupting properties: No data available SECTION 13 — Disposal Considerations Product Waste: Dispose of waste contents and/or container in accordance with applicable local, regional, national, and/or international regulations. Packaging Waste: Dispose of waste content and /or container in accordance with applicable local, regional, national, and/or international regulations. Safety Data Sheet — Hydrofluorosilicic Acid Page 6 of 8 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2/8/24 SECTION 14 - Transportation Information DOT Shipping Name: Fluorosilicic acid Hazard Class: 8 — Corrosive Material UN Number: UN 1778 Packing Group: Il SECTION 15 —- Regulatory Information OSHA: Hazardous Corrosive Liquid — 29 CFR 1920.1200 OSHA Process Safety (29 CFR 1910.119): No CERCLA: Hazardous Substance SARA Regulations: 313 and 40 CFR 372: No SARA Hazard Categories, SARA Sections 311/312 (40 CFR 370.21): Acute: Yes; Chronic: Yes; Fire: No; Reactive: No; Sudden Release: No Clean Water Act: Designated as a hazardous substance under Section 311(b)(2)(A) of the Federal Water Pollution Control Act; Ingredients are regulated by the Clean Water Act Amendments of 1977 and 1978. This chemical is subject to regulations regarding its discharge. TSCA Inventory Status: All components of this product are listed as “Active” on the Toxic Substances Control Act (TSCA) Inventory. California Proposition 65: No Right-To-Know Lists: Massachusetts, New Jersey. This substance does not contain nor is manufactured with ozone-depleting substances. Canadian Regulations: CPR: Very toxic, Class D; Corrosive, Class E; DSL: Listed SECTION 16 — Other Information Prepared by: Pencco Inc. Issue date: May 19, 2022 Revision Date: February 8, 2024 IMPORTANT! Read this SDS before use or disposal of this product. Pass along the information to employees and any other persons who could be exposed to the product to be sure that they are aware of the information before use or other exposure. Safety Data Sheet — Hydrofluorosilicic Acid Page 7 of 8 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 2/8/24 Pencco provides the information contained in each SDS, technical data sheet ("TDS"), product information brochure and/or information contained herein (including data and statements) in good faith and makes no representations as to its comprehensiveness or accuracy as of the date of publication. The SDSs, TDSs, and product information brochures are referred to collectively as the "Data Sheets”. It is the responsibility of the user to obtain and use the most recent version of the Data Sheets. Each Data Sheet relates only to the specific product designated therein and may not be valid where such product is used in combination with any other materials or in any process. Further, since the conditions and methods of use of the product and information are beyond the control of Pencco, Pencco expressly disclaims any and all liability as to any consequential damages or results obtained or arising from any use of the products or the information contained in the Data Sheets. NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS ORIMPLIED, IS MADE AS CONCERNS THE DATA SHEETS OR THE RELATED PRODUCTS. No statement made in the Data Sheets or by any employee or agent of Pencco shall be construed as a permission or recommendation for the use of any product in a manner that might infringe existing patents. No employee, agent, distributor, or sales representative is authorized to vary the terms of the above paragraph, to make any statements, representations, or warranties inconsistent with the above paragraph, or to provide any information that is at variance with the above paragraph. All materials related to the product are subject in all respects to the above paragraph and to the extent that they are inconsistent with the above paragraph, the terms of the above paragraph shall control. Safety Data Sheet — Hydrofluorosilicic Acid Page 8 of 8 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 3/31/2025 Safety Data Sheet (SDS) Liquid Ammonium Sulfate Solution SECTION 1 - Chemical Identification and Supplier’s Information Product Name: Ammonium Sulfate Use: Water Treatment Chemical Formula: (NH4)2SO4 Chemical Family: Inorganic Salts CAS #: 7783-20-2 Supplier’s Name & Address: Pencco, Inc. P.O. Box 600 San Felipe, TX 77473 Emergency Phone: Pencco (979) 885-0005 CHEMTREC (800) 262-8200 — 24 hours a day SECTION 2 — Hazards Identification GHS Information Signal Word: WARNING Hazard Class: No Physical Hazards Hazard Category: N/A Hazard Statement: Causes eye irritation. Causes mild skin irritation. Appearance and Odor: Colorless to brown color with possible slight ammoniacal odor. Pictograms: None required Health Hazards Emergency Overview: Warning! Harmful if swallowed. May cause irritation to skin, eyes, and respiratory track. SARA Title Ill Hazard Classification SARA 313 of Title III of Superfund Amendments and Reauthorization Act of 1986 (SARA). This product does not contain any chemicals which are subject to the reporting requirements of the Act and Title 40n of the Code of Federal Regulations, Part 372. Summary of Acute Health Hazards Causes irritation to the gastrointestinal tract. Symptoms may include diarrhea, nausea, vomiting. It presents little toxicity unless large amounts are ingested; in which case vomiting and diarrhea are likely. Ingestion: Inhalation: Irritating to the respiratory tract. Symptoms may include coughing and shortness of breath. Skin: May cause irritation to the skin with prolonged contact. Symptoms may include redness, irritation, itching, and pain. Eyes: Causes irritation to the eyes. Symptoms may include redness, pain. Signs and Symptoms of Chronic Exposure: N/F Carcinogenicity No component of this product present at levels greater than or equal to 0.1% is identified as a Safety Data Sheet — Liquid Ammonium Sulfate Solution Page 1 of 7 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 3/31/2025 known anticipated carcinogen by NTP, IARC, or OSHA. Carcinogenicity: None of the components of this material are listed as a carcinogen by IARC, NTP, OSHA, or ACGIH. Storage Considerations Fire and Explosion Hazards: This product will e Store locked up. (P405) not burn and is not flammable. Disposal Considerations NFPA Rating | HMIS Rating | 4 = Extreme / Severe Health 1 1 3 = High / Serious e Dispose of this material or dry material Reactivity 0 0 2 aiModerata generated from clean-up of spills must Flammability 5 5 1 = Slight comply with federal, state, and local regulations regarding inorganic chemical wastes. SECTION 3 - Composition/Information on Ingredients Chemical Identity: Ammonium Sulfate Solution Common Name and synonyms: Ammonium Sulfate Solution, Liquid Ammonium Sulfate, Diammonium Sulfate Solution Ingredient CAS # Weight Percentage Water 7732-18-5 40 - 69% Ammonium Sulfate 7783-20-2 31 -60% SECTION 4 — First Aid Measures Eye Contact First Aid: Immediately flush eyes for 15 minutes with large amounts of water while holding eyelids apart. Washing within one minute is essential to achieve maximum effectiveness. Forcibly hold eyelids open to ensure complete irrigation of the eye tissue. Seek medical attention if irritation develops and persists. Skin Contact First Aid: Remove contaminated clothing. Wash affected area with soap and water. Seek medical attention if irritation develops or persists. Wash clothing prior to re-use. Seek medical attention if irritation develops and persists. Inhalation First Aid: Remove to fresh air. If not breathing, give artificial respiration. If breathing is difficult, give oxygen. Seek medical attention if irritation develops and persists. Ingestion First Aid: Induce vomiting, but only if victim is fully conscious. Give large amounts or water. Never Safety Data Sheet — Liquid Ammonium Sulfate Solution Page 2 of 7 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 3/31/2025 give anything by mouth to an unconscious person. Call a physician. Notes to physician Treatment: Treat symptomatically. SECTION 5 -— Fire Fighting Measures Flash Point: Not applicable. Upper/Lower Explosion Limits in Air: Not applicable. Auto Ignition Temperature: Not applicable. Extinguishing Media: Will not burn; use materials appropriate for surrounding fire. Fire and Explosion Hazards: Substance itself does not burn but may decompose into a flammable ammonia gas if in a fire. May explode if mixed with strong oxidizers such as nitrates, nitrites, chlorates, etc. Hazardous Product of Decomposition or Combustion: Substance itself does not burn but may decompose into a flammable ammonia gas and sulfur oxides if in a fire. May explode if mixed strong oxidizers such as nitrates, nitrites, chlorates, etc. Suitable extinguishing media: Use extinguishing measures that are appropriate to local circumstances and the surrounding environment. Specific hazards during firefighting: Container may rupture on heating. Cool closed containers exposed to fire with water spray. Do not allow run-off from fire fighting to enter drains or water courses. Explosive reactions with oxidizing agents such as potassium chlorate and/or peroxides. In case of fire hazardous decomposition products may be produced such as: Sulphur oxides, Ammonia, Carbon monoxide, Carbon dioxide (CO2) Special protective equipment: In the event of fire and/or explosion do not breathe fumes. In the case of respirable dust and/or fumes, use self-contained breathing apparatus and dust impervious protective suit. Further information: Use extinguishing measure that are appropriate to local circumstances and the surrounding environment. SECTION 6 — Accidental Release Measures Personal precautions: Wear personal protective equipment. Unprotected persons must be kept away. Evacuate personnel to safe areas. Keep people away from and upwind of spill/leak. Remove all sources of ignition. Provide adequate ventilation. Avoid dust formation. Avoid breathing dust. Avoid contact with skin, eyes, and clothing. Environmental precautions: Do not flush into surface water or sanitary sewer systems. Safety Data Sheet — Liquid Ammonium Sulfate Solution Page 3 of 7 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 3/31/2025 Prevent further leakage or spillage if safe to do so. Do not let product enter drains. Methods for cleaning up: Use mechanical handling equipment. Clean contaminated surface thoroughly. Pick up and arrange disposal without creating dust. Use a suitable vacuum cleaner. US EPA Waste Number: No information available SECTION 7 - Handling and Storage Handing: Avoid all eyes and skin contact and avoid creating or breathing vapor and mist. Wear recommended personal protective equipment. Ensure there is adequate ventilation, such as outdoors. Keep away from heat and open flame. Employ good maintenance practices to prevent leaks. Use good process control measures to prevent releases. Storage: Keep storage tanks and containers closed and contents protected from dust, dirt, and moisture. Clean storage tanks on a regular schedule based on inspection and experience. Have storage tanks, containers, and transfer systems properly labeled for contents. Have procedures for determining product quantity in storage tanks and for accepting deliveries. Use tanks, transfer lines, pumps valves and process instrumentation designed for this material using approved materials of construction. Some materials commonly used are stainless steel, some plastics, and FRP. SECTION 8 - Exposure Controls and Personal Protection Respiratory Protection: None normally required. A respiratory protection program that meets OSHA 1910.134 and ANSI Z88.2 or applicable federal/provincial requirements must be followed whenever workplace conditions warrant respirator use. NIOSH's "Respirator Decision Logic” may be useful in determining the suitability of various types of respirators. Personal Protective Equipment: Gloves. Protective clothing. Protective goggles. Eye Protection: Use chemical safety goggles and face shield if splashing hazard exists. Do not wear contact lenses. Skin Protection: Where there is possibility of skin contact, gloves, and boots as necessary to minimize contact. Long sleeved clothing. Safety Data Sheet — Liquid Ammonium Sulfate Solution Page 4 of 7 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 3/31/2025 General Hygiene Considerations: To identify additional Personal Protective Equipment (PPE) requirements, it is recommended that a hazard assessment in accordance with the OSHA PPE Standard (29CFR1910.132) be conducted before using this product. Engineering Measures: Use local exhaust to keep airborne concentrations blew the permissible exposure limits. Apply technical measures to comply with the occupational exposure limits. SECTION 9 — Physical and Chemical Properties Boiling Point: 102 - 105°C (215.6 - 221°F) | pH: 40 -8.0 (100g per 1 Physical State: Liquid Viscosity: 2.0 Mpa.s @ 40°C Melting Point: -5.3°C (22.5 °F) Solubility in Water: | Complete 42.3%(w) @ 0°C, 46.3%(w/w) @ 50°C, 49.9%(w/w) @ 100°C Specific Gravity: 1.21 to 1.23 Water = 1.0 Vapor Pressure: 24 mm Hg at 25°C Appearance: Colorless to light tan Odor: Ammoniacal (Slight) OSHA/HCS Status: While this material is not considered hazardous by the OSHA Hazard Communication Standard (29 CFR 1910.1200), this SDS contains valuable information critical to the safe handling and proper use of the product. This SDS should be retained and available for employees and other users of this product. SECTION 10 — Stability and Reactivity Stability: Stable under normal and recommended conditions of use and storage. Conditions to Avoid: High heat, incompatible substances. Decomposition: Substance itself does not burn but may decompose into a flammable ammonia gas and sulfur oxides if in a fire. May explode if mixed with strong oxidizers such as nitrates, nitrites, chlorates, etc. Polymerization: Will not Occur. Incompatibility: Strong oxidizing agents. (Zinc, Copper, Copper-bearing materials, Nitrates, Nitrites, chlorates, and other strong oxidizers). SECTION 11 — Toxicological Information Chronic Effects: Prolonged or repeated skin exposure may cause skin irritation. Irritancy: Mild irritant Sensitization: No information found. Synergistic Materials: No information found. Animal Toxicity: LD50 3000 mg/kg (oral, rat) Carcinogenicity: Not listed as carcinogenic (IARC and ACGIH). Reproductive Toxicity: No information found. Teratogenicity: No information found. Mutagenicity: No information found. Safety Data Sheet — Liquid Ammonium Sulfate Solution Page 5 of 7 pencco Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 3/31/2025 SECTION 12 - Ecological Information Ecotoxicity: Toxicity to fish: LC50: > 460 mg/l Exposure time: 96 h Species: Leuciscus idus (Golden orfe) Toxicity to daphnia and other aquatic invertebrates: LC50: 423 mg/l Exposure time: 23h Species: Daphnia magna (water flea) LC50 433 mg/l Exposure time: 50 h Species: Daphnia magna (water flea) LC50: 292 mg/l Exposure time: 100h Species: Daphnia magna (water flea) SECTION 13 —- Disposal Considerations Disposal of this product or dry material generated from clean-up of spills must comply with federal, state, and local regulations regarding inorganic chemical wastes. Contaminated packaging, rinse thoroughly with water and add dilution to treated system as product. Recycle or dispose of at a licensed facility. SECTION 14 —- Transportation Information The shipping description(s) stated herein were prepared in accordance with certain assumptions at the time the SDS was authored and can vary based on a number of variables that may or may not have been known at the time the SDS was issued. Not regulated for transport according to: US DOT, IMDG, IATA, and Canada’s TDG. SECTION 15 — Regulatory Information Inventories US. Toxic Substance Control Act: On TSCA Inventory Australia. Industrial Chemical (Notification and Assessment) Act: Safety Data Sheet — Liquid Ammonium Sulfate Solution Page 6 of 7 penc: Customer Service 800-864-1742 FAX 888-273-6226 Revision Date 3/31/2025 On the inventory, or in compliance with the inventory Canada. Canadian Environmental Protection Act (CEPA). Domestic Substances List (DSL) All components of this product are on the Canadian DSL Japan. Kashin-Hou Law List: On the inventory, or in compliance with the inventory. Korea. Existing Chemicals Inventory (KECI): On the inventory, or in compliance with the inventory. Philippines. The Toxic Substances and Hazardous and Nuclear Waste Control Act: On the inventory, or in compliance with the inventory. China. Inventory of Existing Chemical Substances: On the inventory, or in compliance with the inventory. NPRI Canadian Notional Pollutant Release Inventory (NPRI): No component is listed on NPRI. SECTION 16 — Other Information Revision Date: March 31, 2025 Sourced from Virginia. Pencco provides the information contained in each SDS, technical data sheet ("TDS"), product information brochure and/or information contained herein {including data and statements) in good faith and makes no representations as to its comprehensiveness or accuracy as of the date of publication. The SDSs, TDSs, and product information brochures are referred to collectively as the "Data Sheets". It is the responsibility of the user to obtain and use the most recent version of the Data Sheets. Each Data Sheet relates only to the specific product designated therein and may not be valid where such product is used in combination with any other materials or in any process. Further, since the conditions and methods of use of the product and information are beyond the control of Pencco, Pencco expressly disclaims any and all liability as to any consequential damages or results obtained or arising from any use of the products or the information contained in the Data Sheets. NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE AS CONCERNS THE DATA SHEETS OR THE RELATED PRODUCTS. No statement made in the Data Sheets or by any employee or agent of Pencco shall be construed as a permission or recommendation for the use of any product in a manner that might infringe existing patents. No employee, agent, distributor, or sales representative is authorized to vary the terms of the above paragraph, to make any statements, representations, or warranties inconsistent with the above paragraph, or to provide any information that is at variance with the above paragraph. All materials related to the product are subject in all respects to the above paragraph and to the extent that they are inconsistent with the above paragraph, the terms of the above paragraph shall control. Safety Data Sheet — Liquid Ammonium Sulfate Solution Page 7 of 7