1-RFB 3874 INVENTORY SPRAY MARKING PAINT.pdf

REQUEST FOR BID #3874

INVENTORY SPRAY MARKING PAINT

REQUEST FOR BID (RFB) ISSUED: 9/17/2025

DEADLINE FOR SUBMITTAL OF QUESTIONS: 4:00 PM, 9/24/2025

ELECTRONIC BID DUE BY: 4:00 PM, 10/8/2025

ATTENTION ALL BIDDERS

To ensure receipt of the latest information and updates regarding this solicitation and to submit a bid, interested parties must register online at EMWD e-Procurement.

Buyer: Alex Rigo, Temporary Buyer Phone: (951) 928-3777, ext. 4596 Email: rigoa@emwd.org

KEY DATES

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Table of Contents

1. KEY DATES, SUBMITTAL INFORMATION AND INSTRUCTIONS

2. AWARD PROCESS

3. TERMS AND CONDITIONS

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EASTERN MUNICIPAL WATER DISTRICT

REQUEST FOR BID #3874

INVENTORY SPRAY MARKING PAINT

1. KEY DATES, SUBMITTAL INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

The purpose of this Request for Bid (RFB) is to solicit proposals, through a competitive process, for the supply and delivery spray marking-paints for inventory.

1.2 SCOPE OF SUPPLY

Supplier shall supply spray marking-paints in the colors and sizes specified. Colors, quantities, and brands will be found on Bid Table 1 on Euna (Formally Bonfire). Alternative brands(s) may be proposed. At its sole discretion, EMWD will determine if alternative brand is an approved equal. EMWD may add or remove marking-paints to awarded contract at its sole discretion.

1.3 PROJECT SPECIFIC DATES

The following table identifies the estimated dates/time frame for receipt, evaluation, and award of this bid. Please note the following key dates when preparing your response to this

RFB.

Description Date Release of RFB to Supplier/Contractors 9/17/2025 Deadline for Submittal of Questions Regarding

RFB

4:00 PM, 9/24/2025

Response to Questions Submitted 10/1/2025 Bid Due Date 4:00 PM, 10/8/2025 Bid Review 10/15/2025 Supplier Recommendation 10/20/2025 Contract Approval and Approximate start date 11/15/2025

1.4 QUESTION SUBMITTAL

No interpretation of the meaning of the specifications will be made to any bidder orally.

Under no circumstances may the Bidder contact the using department. All general inquiries shall be directed to Alex Rigo in the Purchasing Department at (951) 928-3777, ext. 4596.

To be given consideration, all technical inquiries regarding this RFB shall be submitted on the EMWD e-Procurement website, under Questions and Answers (Q & A) tab, by the deadline as specified in section 1.3.

1.5 BID SUBMITTAL INFORMATION

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Bids will be received electronically via EMWD on-line bid management website at EMWD e-Procurement. Bids submitted by any other method such as a hard copy, fax, or email will be disqualified. It is the Proposer’s sole responsibility to ensure that their bid, inclusive of any or all addenda, is uploaded to the proper place and at the proper time. Proposers are encouraged to not wait until the deadline to submit bids, as system-related difficulties and/or questions may arise. Respondents should contact a system representative at (800) 354-8010 x2 if they encounter problems during the online uploading. Any bids received after the scheduled closing time for receipt of bids will not be considered.

At the time of the bid submittal, it is presumed that each Proposer has read and is thoroughly familiar with the specifications and contract documents (including all Addenda).

Should the Proposer not bid on a particular item, please enter “No Bid” next to each item not bid.

Note: bids are sealed and cannot be viewed by EMWD until the closing date and time.

Bids may be withdrawn on the EMWD e-Procurement website, if you need to withdraw your bid, you may do so any time before the bid deadline, by going back into the system and selecting “withdraw”.

Alternate bids: If the bidder submits an alternate bid, each alternate will be submitted as a completely separate response, including all documents, signatures, and requirements of the RFB.

No Bids: If you decide not to submit a bid, EMWD requests that you notify us as soon as you have made that decision and tell us the reason you will not be bidding.

1.6 ADDENDUM

Any additions, deletions, changes, clarifications, or supplemental information regarding the RFB will be sent to all prospective Proposers prior to the date fixed for the receipt of bids.

All addenda so issued shall become part of the contract documents. Any changes to this RFB are valid unless specifically modified by EMWD and issued as a separate addenda document. Should there be any questions as to changes to the content of this document;

EMWD’s copy shall prevail.

1.7 PREPARATION COSTS

Any cost incurred by the bidder in preparation, transmittal, and/or presentation of any bid or material submitted in response to this RFB shall be borne solely by the proposer. Any cost incurred by the proposer for set up and demonstration of the proposed equipment and/or system shall be borne solely by the proposer.

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1.8 DISCLOSURE

Be advised that all information contained in proposals submitted in response to this solicitation may be subject to the California Public Records Act (Government Code Section 6250 et seq.), and information’s use and disclosure are governed by this Act.

1.9 CONTRACT TERMS AND CONDITIONS

The contract between EMWD and a Supplier will follow the format specified by EMWD and contain the terms and conditions set forth in the Sample Agreement. However, EMWD reserves the right to negotiate provisions in addition to those contained in this RFP with any proposer. The contents of this RFP, as revised and/ or supplemented, and the successful Proposer’s proposal will be incorporated into and become part of any resultant contract.

1.10 ADDITIONS/DELETIONS AND/OR EXCEPTIONS

A purchase order or contract incorporating the terms and conditions contained herein will be sent to the successful Bidder. Any additional terms and conditions requested by the Proposer must be submitted at the time of your response as part of the Additions, Deletions and/or Exceptions section and will be considered as part of the selection/negotiation process.

If a Bidder fails to propose any alternate terms and conditions during the procurement process, no proposed alternate terms and conditions will be considered later during the negotiation process. Failure to propose alternate terms and conditions during the procurement process is an explicit agreement by the Bidder that the contractual terms and conditions contained herein are accepted by the Bidder.

1.11 RIGHT OF REJECTION

EMWD reserves the right to reject any or all bids, either separately or as a whole and to waive any informality in a bid or to accept any proposal presented which it deems best suited to the interest of EMWD and is not to be bound to accept the lowest price.

1.12 SELECTION CRITERIA

The successful bidder will be selected on the following criteria:

A. Responsiveness (conformance and compliance) to the RFB requirements.

B. Responsibility (capability) to perform the requirements.

C. Bid price.

Responsive bids shall conform in all material aspects of the RFB.

Responsible bidder(s) must possess the resources, skill, integrity, and experience necessary to meet the EMWD’s requirements. Past performance may also be a factor in determining responsibility.

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EMWD reserves the right to reject the bid of a bidder who has failed previously to perform properly on contracts of a similar nature, or a bid where investigation shows the bidder is not in a position to perform the contract.

1.13 NO OBLIGATION

This RFB in no manner obligates EMWD to the purchase of any goods until a valid written contract is awarded and approved by appropriate authorities.

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2. AWARD PROCESS

2.1 EMWD reserves the right to withhold award of contract for a period of ninety (90) days following RFB submittal. All bids received are considered valid for that ninety (90) day period.

EMWD may make such investigations as it deems necessary to determine the ability of the bidder to provide the products as specified, and the bidder shall furnish to EMWD, as is commercially reasonable, all such information and data for this purpose. EMWD may discuss or negotiate with one or more proposers prior to award and reserves the right to reject any bid.

Notice is also given to all bidders that a sworn statement may be required to be furnished of their financial responsibility, technical ability and experience before an award is made to any particular bidder.

2.2 DISCLOSURE OF BID CONTENTS

Bids will be kept confidential until negotiations and recommendation of award are completed by EMWD. At that time, all bids and documents pertaining to the bids will be open to the public, except for material that is clearly marked proprietary or confidential.

2.3 EXECUTION OF THE AGREEMENT

The Contract/Agreement shall be signed by the supplier and returned, along with the required attachments to EMWD within ten (10) calendar days from receipt of contract. The period for execution may be changed by mutual agreement of the parties. Contracts are not effective until signed by the authorized EMWD officials. Any goods provided prior to receipt of a fully executed contract shall be at Company’s own risk.

2.4 FAILURE TO EXECUTE THE AGREEMENT

Failure to execute the Agreement within the time frame identified above shall be sufficient cause for voiding the award. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. If the successful Bidder refuses or fails to execute the Agreement, EMWD may award the Agreement to the next qualified Bidder.

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3. TERMS AND CONDITIONS

3.1 ENGAGEMENT OF COMPANY

Company agrees to provide the goods/equipment as stipulated herein, in accordance with the terms and conditions contained herein. Company shall be solely responsible in providing the goods/equipment required. Company shall comply with all applicable local, state, and federal laws, rules, and regulations.

3.2 TIME PERIOD

Company shall furnish all goods/equipment required herein in accordance with the schedule contained in the bid or as negotiated at the meeting between the EMWD and Company after receipt of a fully executed purchase order or contract or other Notice to Proceed where applicable.

3.3 OTHER AGREEMENTS OR UNDERSTANDINGS

To the extent the terms and conditions herein are inconsistent with the terms and conditions contained in Company’s proposal, the terms and conditions in this document shall govern. There are no understandings or agreements except as herein expressly stated.

3.4 PAYMENT FOR GOODS/EQUIPMENT

EMWD will remit payment following receipt of invoice after internal validation and acceptance. If an invoice is in error, EMWD will pay the accurate amount of the invoice, or the invoice will be returned to the Company for correction and reissue.

In connection with any cash discount specified in this proposal, time will be computed from the date of services performed or product acceptance/receipt as specified, or from the date correct invoices are received by EMWD if the latter date is later than the date of services performed. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the EMWD warrant or check.

Payment for goods and/or services received shall be made in accordance with the payment schedule and payment terms contained in this Proposal or as negotiated by EMWD and Company. Payment is deemed to be made on the date of mailing of the check.

The Company shall email invoices referencing the appropriate contract number to:

apuser@emwd.org or mail to :

Eastern Municipal Water District Attn: Finance Department P.O. Box 8300 Perris, CA 92572-8300 mailto:apuser@emwd.org

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3.5 RIGHT TO WITHOLD PAYMENT

EMWD may withhold or nullify the entire payment, or a portion of any payment due to Company to such extent as may be reasonably necessary to protect EMWD from loss as a result of:

A. Defective work not remedied in accordance with the provisions of the contract; or

B. Claims or liens filed or reasonable evidence indicating probable filing of claims or liens; or

C. Failure of Company to make payment properly for labor, services, materials, equipment, or other facilities or to Subcontractors; or

D. Damage to other work on property; or

E. Failure of the Company to maintain all records as required; submitting progress schedules, and any other such items as may be required herein.

3.6 CHANGE ORDERS

Change Orders are defined as additional work and/or changes to the scope of this Request for Bid. Change Orders may be required and ordered in writing by EMWD with agreement by Company. No Change Orders shall be authorized by EMWD unless a request therefore is submitted in writing to EMWD with an estimate of additional hours of work to be performed and/or additional goods or materials to be supplied and the associated costs provided. Change Orders performed without written authorization will not be approved for payment.

3.7 ASSIGNMENT, SUBCONTRACTING, OR INSOLVENCY

A. No performance of this contract or any portion thereof may be assigned or subcontracted by the Contractor without the express written consent of EMWD. Any attempt by the Contractor to assign or subcontract any portion of this contract without the express written consent of EMWD shall be invalid and shall constitute a breach of this contract. Whenever the Contractor is authorized to subcontract or assign, the terms thereof shall incorporate by reference and not conflict with this contract.

B. Contractor agrees that if there is a change in ownership prior to completion of this contract the new owners will be required under terms of sale to assume this contract and complete it to the satisfaction of EMWD.

C. No other Subcontractor other than those listed on List of Subcontractor form will be permitted to perform services under this contract without the express written consent of EMWD.

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D. The request for assignment or subcontract and EMWD’s approval or disapproval is not to be construed as an excuse for non-compliance with any other provision of law and the singed contract, including but not limited to the “Subletting and Subcontracting Fair Practices Act” or any other contracting requirements relating to substitution of subcontractors.

E. In the event that the company shall become insolvent or makes a general assignment for the benefit of creditors, or files or has filed against it a petition of bankruptcy or for reorganization or pursues any other remedy under any law relating to the relief of debtors, or in the event a receiver by appointed of Company’s property or business, EMWD may, at its option, cancel this contract.

3.8 WARRANTY

A. Paint Manufacturer’s warranty shall apply to all goods procured against this specification requirement.

B. If any goods or services furnished hereunder do not meet the warranties specified herein, EMWD may, at its option: i) require Company to correct, at no cost to EMWD, any defective or nonconforming goods or services by repair or replacement; or ii) return such defective or nonconforming goods at Company’s expense to Company and recover from Company the Contract price thereof; or iii) correct the defective or nonconforming goods or services itself and charge Company with the cost of such correction. The foregoing remedies are in addition to all other remedies at law or in equity or under this Contract.

3.9 GIFTS AND GRATUITIES

Vendor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees or agents from making, receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which could be deemed to appear to influence individuals to act contrary to the best interest of EMWD.

3.10 PAYMENT OF SUPPLIERS

Company shall pay all sums of money that become due from any labor, services, materials, or equipment furnished to Company on account of said services to be rendered or said material to be furnished under this contract. Company shall fully discharge each such obligation at the time performance of the obligation matures and becomes due. Prior to payment, Company shall provide, and unconditional waiver and release form as authorized by Civil Code Section 8138, signed by each material supplier and Subcontractor involved on the project.

3.11 NON-PERFORMANCE OF DUTIES

Should the goods/equipment offered not meet the prescribed criteria, save and except the fault of EMWD, at the EMWD’s option the contract may be rejected in whole or in part and

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any damages or losses may be covered from the default bidder. EMWD reserves the right to obtain the goods/equipment immediately from another vendor. Any differential in the prices charged by the replacement vendor will be credited to EMWD by your firm until your firm is able to rectify the problem. Should EMWD find the Company in default by not performing duties as per requirements, EMWD will immediately notify the company’s representative verbally. If corrections are not made within five (5) working days of verbal notice, EMWD will then notify Company in writing of non-performance. If corrections are not made within five (5) working days of written notice, EMWD may terminate the contract with cause. (Note for buyer – remove highlighted section if solicitation is for a one-time purchase.)

3.12 TERMINATION

This contract may be terminated for any reason set forth below:

A. With Cause

In the event of any breach by the Company of the conditions set forth in this contract, including any non-performance of duties, EMWD may, without prejudice to any of its legal remedies, terminate this contract for cause upon five (5) days written notice to the Company. Upon contract termination, the EMWD reserves the right to complete the work at its convenience and timing as deemed necessary.

EMWD may procure the articles or services from other sources and may deduct from any unpaid balance due the contractor, or may collect from the surety or any bonds, amounts paid by EMWD to such other sources, together with EMWD’s legal and administrative expenses, to the extent EMWD total cost exceed the contract price hereunder.

B. Without Cause

EMWD reserves and has the right to immediately suspend, cancel or terminate this contract for reason whatsoever at any time upon written notice to the Company. In the event of such termination, EMWD’s only obligation to Company will be payment for goods received or services rendered up to and including the effective date of termination. EMWD shall not be liable for other costs nor for prospective profits on goods not delivered or services not performed.

C. Appeal Procedure

In the event of termination with or without cause, Company shall have the right to request a hearing in which it shall have the opportunity to address the reasons for the termination. Said request shall be in writing and submitted within five (5) days of issuance of the Notice of Termination. The Director of Purchasing and Contracts or his or her designee shall be the hearing officer. The hearing shall be held within 30 days of a written request for same.

3.13 HOLD HARMLESS AND INDEMNIFICATION

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EMWD, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to property, whether real or personal, nor for any personal injuries or death caused by, or resulting from, or claimed to have been caused by or resulting from any act or omission of Company. Company herby agrees to indemnify and hold harmless and defend EMWD and its authorized agents, officers and employees against any of the foregoing liabilities, claims, and/or any costs or expense that is incurred by EMWD on account of any of the foregoing liabilities, including liabilities or claims by reason of Company’s action in the performance of services under this contract excluding, however, such liability, claims, losses, damages or expenses arising from EMWD’s sole negligence or willful acts. All rights and remedies of EMWD specifically set forth in this order shall be in addition to any other rights and remedies provided in law or in equity.

3.14 FORCE MAJEURE

Either party to this contract shall be excused from performance hereunder during the time and to the extent that it is prevented from performing the work and acts of God, fire, sabotage, unanticipated labor dispute or walkout, freight embargos, commandeering of materials, products, plants or facilities through acts of government agencies, and other unforeseen circumstances beyond the nonperforming party’s control if satisfactory evidence thereof is presented to the other party establishing the facts of the circumstances and that nonperformance is not due to the fault or neglect of the nonperforming party.

Provided that delay caused by circumstances beyond the Company’s control and not foreseeable is established, EMWD may grant Company a reasonable extension of time to complete the work. EMWD shall be advised immediately in writing and a definite delivery or completion date shall be proposed for EMWD’s consideration. In no event shall Company be excused for any inability to obtain goods or services necessary for Company’s performance, or ordinary delays and accidents, or for failure to take reasonable precautions or actions to mitigate the delay. Acceptance of delay shall be at EMWD’s discretion and solely for the purpose of mitigating damages.

3.15 SEVERABILITY

If any of the provisions contained herein are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.

3.16 GOVERNING LAW AND VENUE

This contract will be made under, and governed by, the laws of the State of California.

Venue for any dispute shall be brought exclusively in the state courts located in Riverside County, California, and the Parties hereto consent to the exercise of personal jurisdiction over them by any such courts for purposes of any such action or proceeding.

3.17 CONFIDENTIAL/PROPRIETARY INFORMATION

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Be advised that all information contained in proposals submitted in response to this solicitation is subject to the California Public Records Act (Government Code Sections 6250 et seq.), and the information’s use and disclosure are governed by this Act. Government Code Section 6250 provides that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” As such, all proposals and required submittal information may be subject to disclosure to the general public under the California Public Records Act, unless specifically identified as trade secret, proprietary, and/or confidential. Only pages within each proposal and/or submittal that are in fact a trade secret, proprietary, and/or confidential shall be marked as such.

EMWD reserves the right to reject any proposal received which does not meet the aforementioned criteria.

Proposers may provide supplemental information they consider to be exempt from public disclosure under the provisions of the California Public Records Act, including asserted “trade secret” information. Such supplemental information shall not be material to the required submittal information and EMWD shall be under no obligation to consider such supplemental information in its evaluation. Please be advised that any such supplemental information submitted to EMWD is subject to the California Public Records Act and may be released by EMWD as required by the Act, a court order, or other legal process.

If submitting confidential, supplemental information, such information shall be submitted separately from the rest of the submittal and shall be clearly marked "Confidential". Any confidential/proprietary submittals will be considered as exceptions and scored as such in the contractual selection criteria.

The following California Civil Code provision defines “trade secret” as information that:

1. derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

2. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Additionally, California courts have consistently held that when individuals or businesses voluntarily enter into the public sphere, they diminish their privacy interests. (California State Univ. v. Superior Court (2001) 90 Cal.App.4th 810, 834).

In the event of litigation concerning the disclosure of information Proposer considers exempt (e.g., Trade Secret, Confidential, or Proprietary) EMWD shall act as a stakeholder only, holding the information until otherwise ordered by a court or other legal process. If EMWD is named in an action arising out of a California Public Records Act request for any information Proposer deems confidential, proprietary, or trade secret, Proposer shall defend at its own expense and indemnify EMWD, its officers, employees, and agents from

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any and all liability, claims, losses, damages, costs, and expenses, including attorney’s fees, in any such action or proceeding arising under the California Public Records Act.

3.18 EMWD HOURS

EMWD’s business hours are 8:00 a.m. to 5:00 p.m. with receiving between the hours of 7:30 am - 3:00 pm, Monday through Friday.

EMWD will be closed on the following days:

1. New Year’s Day

2. Martin Luther King Jr. Day

3. President's Day

4. Memorial Day

5. Fourth of July

6. Labor Day

7. Veteran's Day

8. Thanksgiving Day and the day after

9. Christmas Day

3.19 GOODS/EQUIPMENT FURNISHED

A. The use of the name of a manufacturer, model number, or catalog number in the specification does not restrict the Company to that manufacturer’s product, unless otherwise stated in this “Request for Proposal”. The reference is used merely to indicate the principal operating characteristics, the quality of the items desired, or those manufacturers’ products that have been approved as being acceptable for its use. It is the responsibility of the Company to demonstrate to the satisfaction of EMWD that the quality, functional capability, and operating characteristics of the product proposed is acceptable.

B. The equipment submitted under these specifications shall be the manufacturer’s current conventional design for the type of equipment specified and the allied parts specified, complete with all necessary accessories customarily furnished with these equipment types whether stipulated herein or not, with such modifications or attachments as may be necessary to enable the equipment to function safely, reliably, and efficiently in sustained use.

C. Goods furnished shall be new materials and unused articles with the most recent upgrade in modern engineering design, materials and workmanship unless otherwise noted herein.

D. EMWD reserves the right to purchase up to an additional 100% of the quantity specified

(individual line items or all line items) within 90 days following the date of award.

3.20 RECEIVING INSPECTION

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A. Delivery is to be made to F.O.B. destination; freight prepaid and allowed to:

Eastern Municipal Water District 2270 Trumble Road Perris, CA 92570

B. The Company shall be responsible for the receipt, storage, and handling of all materials, including the equipment/tools required for unloading and installation.

C. Equipment furnished must be the same as stated in the proposal. Unauthorized substitutions will be cause for breach of contract.

D. The Company shall confine all apparatus, storage of material, and the operation of the work force to areas determined by EMWD’s designated employee.

E. All deliveries shall be coordinated with EMWD’s designated employee.

F. All deliveries shall be delivered in the manufacturer’s original and unopened container.

G. The Company shall remove all packing materials and installation residue from the area at the end of each day. The area shall be free of all installation/delivery debris.

3.21 ACCEPTANCE

Inspection and acceptance will be at the destination unless specified and will be made by EMWD personnel or other duly authorized representative of EMWD. EMWD has no obligation to accept damaged shipments; over-shipments; goods shipped in error; or other non-conformity, and reserves the right to return, at Company’s expense, non-conforming items even though the non-conformity was not discovered at the time of receipt.

3.22 DISPUTES

If any disputes should arise between Company and EMWD Concerning the work to be done under this contract, the payments to be made, or the manner of accomplishment of the work, Company shall nevertheless proceed to perform the work as directed by EMWD pending settlement of the dispute.

3.23 ATTORNEYS’ FEES

In the event an action is commenced by a party to this contract against the other to enforce its right or obligations arising from this contract, the prevailing party in such action, in addition to any other relief and recovery ordered by the court or arbitration, shall be entitled to recover all litigation and collection expenses, witness fees, court costs, plus reasonable attorney’s fees.

3.24 CONTRACT PERIOD AND PRICE ESCALATION

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The contract will be awarded for a 5-year period. Pricing shall remain firm-fixed for the first year of the agreement. One (1) price adjustment will be considered each year, on the anniversary date of the agreement, as a result of:

i. Supply price increases to the Company; or

ii. Governmental or Regulatory Agency increases to the trade; or

iii. Consumer Price Index (CPI) increases to the industry or Producers Price Index (PPI)

Any request for a price adjustment must be substantiated with documentation from a manufacturer or government District and must be submitted in writing at least 30 days prior to the anniversary date of the Contract. In no event will the allowed increase be more than three (3) percent. EMWD will be the sole judge of acceptable annual price adjustments.

EMWD shall not accept any minimum purchase requirements, quantities, or dollars.

3.25 ON-TIME DELIVERY AND QUALITY PERFORMANCE REQUIREMENT

It is EMWD’s desire to obtain stellar on-time delivery service, quality product, customer service, and receive accurate billing. All are equally important and shall be measured through periodic contract audits, invoice audits, and interactions with customer service and sales representatives, along with obtaining surveys from EMWD personnel. In addition, monthly reports, vendor scorecards, and/or written communication may be utilized to convey vendor’s performance progress. Performance expectation may change based on vendor’s performance progress and/or EMWD needs and shall be communicated by an authorized EMWD procurement agent in writing. Any deficiencies not meeting the EMWD’s performance standards may require corrective auction, implementation of counter measures, and/or frequent performance reviews conducted by EMWD. The vendor is expected to deliver quality goods at a rate of 80% on-time delivery or higher with a quality rate of 98%. For further information on Non-Performance of Duties and Termination terms and conditions, refer to 3.6 and 3.7. On-time delivery is defined as the date specified on EMWD’s Purchase Order(s) and/or determined through this contract. Quality is defined as correct product received free of defects and paperwork (invoices, packing lists) received free of errors.

3.26 ESTIMATED QUANTITIES

The Company is to supply the entire quantity of the product to be used by EMWD during the term of this contract. Quantities provided under the Bid Table are for reference only.

Regardless, EMWD shall not be obligated to purchase any specific quantities and reserves the right to purchase either more or less of the product at the price quoted.

EMWD will not accept any type of minimum purchase requirements and shall not be required to purchase any minimum quantities and, or monetary value.

3.27 SAFETY DATA SHEETS

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The Company shall provide Safety Data Sheets (SDS) of each brand and corresponding paint code supplied to EMWD upon execution of any contract entered into and whenever said document is revised or updated.