1-RFP 3858 Water Tank Painting Services.pdf

REQUEST FOR PROPOSAL #3858

WATER TANK PAINTING SERVICES

REQUEST FOR PROPOSAL (RFP) ISSUED: 10/22/2025

MANDATORY JOB WALK: 8:00 AM, 10/30/2025

DEADLINE FOR SUBMITTAL OF QUESTIONS: 4:00 PM, 11/6/2025

ELECTRONIC PROPOSAL DUE BY: 4:00 PM, 11/20/2025

ATTENTION ALL PROPOSERS

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

Buyer: Adilene Godines, Buyer Phone: (951) 928-3777, ext. 6228 Email: godinesa@emwd.org

KEY DATES

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Table of Contents

1. PROJECT INTRODUCTION AND OVERVIEW

2. SCOPE OF WORK

3. KEY DATES, SUBMITTAL INFORMATION AND INSTRUCTIONS

4. EVALUATION OF PROPOSALS

5. AWARD PROCESS

6. TERMS AND CONDITIONS

7. GENERAL SAFETY REQUIREMENTS – (REV. 12/08)

8. INJURY & ILLNESS PREVENTION PROGRAM (IIPP)

9. INSURANCE REQUIREMENTS – (REV. 06/2025)

REQUIRED SUBMITTALS

RFP Price Form

Proposer’s Business Information

Business References

List of Subcontractors

Additions, Deletions and/or Exceptions

Qualifications and Experience

Process to Complete Work

Timeframe to Complete Work

Insurance Affidavit

Contractor’s CAL/OSHA Compliance History

CARB Forms

ATTACHMENTS

Attachment A – Specification 09875.1 (Custom)

Attachment B – Specification 09875 Rev 13

Attachment C – Limited Asbestos Materials and CAM-17 Metals Assessment

Attachment D – Tank Photos

Attachment E – Benton Tank Inspection Report

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Attachment F – Oliver Tank Inspection Report

Attachment G – Quail Valley I Tank Inspection Report

Attachment H – Quail Valley II Tank Inspection Report

Attachment I - Tank Aerial Views

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EASTERN MUNICIPAL WATER DISTRICT

RFP #3858

WATER TANK PAINTING SERVICES

1. PROJECT INTRODUCTION AND OVERVIEW

1.1 PURPOSE OF REQUEST FOR PROPOSAL

The purpose of this Request for Proposal (RFP) is to solicit proposals, through a competitive process, for painting services to re-paint three (3) welded carbon steel potable water tanks and one (1) welded steel recycled water tank.

Following receipt of proposals, Eastern Municipal Water District (EMWD) may, at its discretion, elect to shortlist to a select few to participate in the interview stage of the selection process. It is the intent of EMWD to receive responses to the RFP and, if appropriate, conduct individual interviews in order to select a Company which, in the opinion of EMWD, is the best suited to perform the work. The purpose of this RFP, therefore, is to provide EMWD with the information necessary in order to select the most advantageous Proposer.

The terms and conditions contained herein constitute the full and complete understanding of the parties. However, should your firm request additional contractual terms and conditions for consideration, such requests must be clearly identified on the Additions, Deletions and/or Exceptions Exhibit and submitted at the time of proposal submission. No additional terms and conditions will be accepted following receipt of proposals, and EMWD will consider such additional contractual terms and conditions as part of its evaluation process.

1.2 GENERAL OVERVIEW – EMWD

As a member of the Metropolitan Water District of Southern California (Metropolitan), EMWD was organized under the Municipal Water District Act of 1911 for the primary purpose of importing Colorado River water to augment local water supplies. Over the past 75 years, EMWD has grown substantially and, today, provides water, wastewater, and recycled water service to a population of approximately 1 million people within a 601 square mile service area. EMWD is governed by a publicly elected Board of five Directors who are elected for four-year terms serving comparably sized districts based on population.

Retail customers of EMWD are located within the cities of Canyon Lake, Hemet, San Jacinto, Menifee, Moreno Valley, Murrieta, Perris, Fallbrook, and Temecula, as well as the unincorporated communities of French Valley, Good Hope, Homeland, Lakeview, Mead Valley, Murrieta Hot Springs, Nuevo, Romoland, Valle Vista, and Winchester. EMWD also supplies water on a wholesale basis to the Cities of Hemet and San Jacinto; the Lake Hemet Municipal Water District; Fallbrook Public Utility District; Rainbow Municipal Water District, Nuevo Water Company; and Rancho California Water District. EMWD operates four regional

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water reclamation facilities generating approximately 50 million gallons of treated wastewater daily, two water filtration plants, and three groundwater desalination plants

1.3 COMMITMENT TO EXCELLENCE

EMWD has a vision to be a leader in performance, technology, and advocacy. As part of our commitment to excellence, we actively pursue awards for our programs and projects.

Vendors and consultants awarded this contract may be expected to assist in writing award applications related to their work. Your insights and expertise are vital in enhancing the quality and competitiveness of these submissions, promoting recognition of our collaborative achievements.

1.4 LICENSE REQUIREMENTS:

A valid C-33 Painting and Decorating Contractor’s license is required.

1.5 BONDS:

Payment and Performance Bonds are required.

1.6 PREVAILING WAGES:

Payment of prevailing wage rate is required.

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2. SCOPE OF WORK

2.1 BACKGROUND

EMWD is seeking a qualified Contractor to provide labor, materials, tools, and equipment to re-paint three (3) welded carbon steel potable water tanks and one (1) welded steel recycled water tank. The tanks are owned by EMWD and located in multiple EMWD properties within EMWD’s service area.

2.2 PROJECT SCHEDULE

The Contractor shall submit the estimated schedule and duration for each tank site in their proposal, for evaluation purposes.

Once selected, the Contractor shall provide a detailed project schedule (Gantt Chart) within 14 days of the Purchase Order issuance. The Contractor shall provide EMWD biweekly schedules and attend Microsoft Teams meetings as required by EMWD. Failure to attend meetings or provide schedules may result in work stoppage at the expense of the Contractor.

2.3 TECHNICAL/SPECIFICATIONS

The following are technical requirements of this project:

A. Information on existing coating(s), thickness of dry film, last coating application, and number of repaints are currently unavailable.

B. Tanks will not be drained of liquid prior to start of work and must remain operational for the project duration.

C. The Benton tank holds recycled water. Quail Valley 1 and 2 and Oliver tanks hold potable water. All four tanks are ventilated.

D. Each tank was fully inspected within the last four years. See Attachment E-H for inspection reports on exterior tanks.

E. Work to include field paint application to exterior surfaces of tanks, surface preparation, handling of hazardous and non-hazardous materials/waste, and other work necessary to complete scope of work per Specification Sections 09875.1 (Custom) and 09875 Rev 13, Attachment A and B, respectively.

F. Tanks shall be pressure washed and all loose and peeling paint shall be wire brushed in preparation for paint. The paint color shall be an EMWD color which is specified below.

FACILITY NAME TANK COLOR

OLIVER TANK BUFFALO BROWN - TNEMEC

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G. Surfaces NOT to be coated include all interior surfaces, concrete surfaces, liquid level indicator accessories, plastic nameplates, and other surfaces where paint will not adhere. Stenciled areas that are painted over i.e., confined space, shall be painted over and stenciled back to original stencil. Tank painting shall include all other items attached to the tank up to and include the valve that leads to the external piping leaving the tank.

H. In areas where residential structures are within 150 feet of worksite, high pressure water (10,000 psi) cleaning is required (Specification 09875 Rev 13 section 3.04).

• Quail Valley Tank II is within 150 feet of residential structure.

I. Awarded Contractor shall use a floating t-meter for water access. To request the meter and installation, Contractor will complete a meter request form online at www.emwd.org. There is $600 deposit fee that will be refunded upon return of the meter. There is no fee for water usage.

J. Contractor is responsible for dust control. Fugitive dust must be contained.

K. Technical Specifications

All EMWD standard detailed provisions, whether referenced or not, need to be followed for this project.

The contractor is responsible for understanding and providing all the requirements found in the following specifications:

1. Specification Section- 09875 Rev 1 (Custom), (Attachment A)

2. Specification Section – 09875 Rev 13, (Attachment B)

L. Inspections

EMWD’s third-party coating inspector consultant shall conduct interval inspections per Specification Section 09875 Rev 13 requirements. Contractor shall coordinate with the EMWD appointed project manager to schedule inspections as required.

EMWD’s safety inspection team will visit the project daily to ensure compliance with all district safety policies and procedures. No additional payment will be provided for delays encountered by the Contractor that are related to safety violations. It will be the Contractors responsibility to address all safety violations to EMWD requirements and expectations prior to proceeding with any work.

2.4 SAFETY REQUIREMENTS

Contractor must adhere to all EMWD safety policies, procedures, and Section 7 General Safety Requirements found in this RFP. Contractor shall be required to notify EMWD’s IOC upon arriving at unmanned job site to check in and check out upon entering and

BENTON ROAD RECYCLE TANK DESERT SANDS - TNEMEC

QUAIL VALLEY 1 TANK DESERT SANDS - TNEMEC

QUAIL VALLEY 2 TANK DESERT SANDS - TNEMEC

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exiting the premises at 951-928-3777 ext. 6265.

Adherence to all EMWD safety policies and procedures including but not limited to fall protection is required. Contractor must comply with all CAL/OSHA regulations and the contractor shall ensure that all applicable regulations are met through a comprehensive Safety Program. Contractor must always have all training certificates for all staff on-site.

Contractor must provide training certificates or other methods of verification for training if requested by EMWD.

CAM-17 Heavy Metal/Asbestos/Lead Safety Requirements:

A. Asbestos I. The contractor shall be aware of the local South Coast Air Quality

Management District (SCAQMD) Rule 1403 and, shall comply with the rule for any asbestos containing materials (ACM) that are renovated or demolished. SCAQMD notification requirements apply to asbestos abatement greater than 100 square feet and building demolitions, therefore the contractor shall provide notification in accordance with Rule 1403 at least 10 working days prior to commencing any ACM renovation or demolition activities.

II. Any abatement of ACM shall be performed by a CAL/OSHA licensed asbestos abatement contractor and by personnel with the required training qualifications. Any abatement of ACM shall be performed using methods in accordance with Title 8 of California Code of Regulations (CCR) 1529 and South Coast Air Quality District Rule 1403.

III. The SCAQMD requirements apply and proper removal in accordance with Cal/OSHA and SCAQMD shall be completed prior to the demolition.

IV. If any new asbestos containing materials are discovered during the work, the contractor shall comply with the requirements of SCAQMD Rule 1403, and shall notify EMWD personnel immediately.

V. Contractor shall be required to comply with all local, state and federal requirements regarding abatement and disposal of all the known asbestos. (For reference: Cal/OSHA Title 8, Section 1532.1; CCR Title 8, Section 1529; CCR Title 16, Div. 8, Article 3; CDPH Title 17 and any other as applicable).

VI. The Contractor shall legally dispose all ACM.

VII. The Contractor is advised ASBESTOS IS A KNOWN HUMAN CARCINOGEN when inhaled and poses serious health risks. If encountered, it is the intent to abate the ACM without exposing any individual to asbestos, and without releasing asbestos into the environment.

VIII. The Contractor shall perform all handling and disposal of ACM in strict conformance with applicable Cal/OSHA, EPA, SCAQMD, and government health agency requirements.

IX. The Contractor and his employees or subcontractor must be trained according to CAL-OSHA guidelines. Handling and disposal must meet

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CAL-OSHA, CAL-EPA, and AQMD guidelines.

X. The Contractor shall obtain the required SCAQMD Rule 1403 approvals prior to any asbestos demolition or removal activities. The SCAQMD requirements include but are not limited to Rule 1403 Notification to SCAQMD at least 14 days prior to building demolitions, and/or asbestos removal and abatement activities.

XI. The Contractor is responsible for the preparation of a Rule 1403 Procedure 5 Plan, if applicable, and the associated approval. The Contactor shall provide EMWD with any documentation submitted to SCAQMD, including but not limited to all demolition and abatement notifications to SCAQMD, and approved Rule 1403 asbestos plans.

B. CAM-17 Heavy Metals

Proper abatement and removal required for all materials containing heavy metals exceeding regulatory limits in accordance with Cal/OSHA, county, state, or federal requirements.

I. All requirements found in California Health and Safety Code Chapter 6.5 and in Title 22 of the California Code of Regulations must be followed by the contractor for the proper disposal of all materials containing heavy metals exceeding regulatory requirements.

II. All Riverside County Environmental Health and Department of Toxic Substances Control procedures for heavy metal abatement and disposal must be followed.

III. Waste manifest are required to be submitted to EMWD to ensure proper disposal.

IV. Contractor to provide EMWD with a Heavy Metals Abatement Plan for review and approval prior to commencing Heavy Metal abatement work.

C. Lead

Proper abatement and removal required for all materials containing lead exceeding regulatory limits in accordance with Cal/OSHA, county, state, or federal requirements.

I. All requirements found in California Health and Safety Code Chapter 6.5 and in Title 22 of the California Code of Regulations must be followed by the contractor for the proper disposal of all materials containing heavy metals.

II. All Riverside County Environmental Health and Department of Toxic Substances Control procedures for heavy metal abatement and disposal must be followed.

III. Waste manifest are required to be submitted to EMWD to ensure proper disposal.

IV. Contractor to provide EMWD with a Lead Abatement Plan for review and approval prior to commencing Lead abatement work.

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2.5 PAINT SAMPLE RESULTS

Most recent analysis of existing paint coatings was obtained on August 5, 2025, which indicates level of heavy metals. Copies of the reports can be found under Attachment C – Limited Asbestos Materials and CAM-17 Metals Assessment. It shall be the Contractor’s responsibility to ensure that all work is performed in strict accordance with local, state, federal health, safety, and environmental regulations to ensure worker and environmental protection, including waste disposal planning. This may include conducting a secondary test to concur with EMWD analysis. EMWD does not assume any responsibility for actual toxic metal content of the paint coating systems.

2.6 TANK LOCATION

FACILITY NAME TANK

HEIGHT

TANK

DIAMETER

TANK

MATERIAL ADDRESS

OLIVER TANK 33 FT 180 FT

WELDED

STEEL

11575 OLIVER ST., MORENO

VALLEY, 92555

BENTON ROAD

RECYCLE TANK 24 FT 120 FT

WELDED

STEEL

36625 POURROY RD.,

WINCHESTER, 92596

QUAIL VALLEY 1

TANK 28 FT 50 FT

WELDED

STEEL

24351 S. CANYON DR.,

MENIFEE, 92587

QUAIL VALLEY 2

TANK 32 FT 110 FT

WELDED

STEEL

24351 S. CANYON DR.,

MENIFEE, 92587

2.7 PROJECT CONSTRAINTS

Work shall be scheduled and completed during EMWD operating hours of 7:00 a.m. to 4:30 p.m., Monday through Friday, excluding weekends and EMWD designated holidays.

Tanks shall remain operational at all times. However, in the event of an emergency, if plant staff requests access to the tanks, the contractor shall provide safe access.

2.8 EMWD RESPONSIBILITIES

EMWD shall provide initial access to sites and thereafter contractor shall utilize own locks to secure property upon existing premises and until project is completed.

Contractor shall be responsible for ensuring sites are secured prior to leaving site(s) and notifying the IOC at 951-928-3777 ext. 6265.

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3. KEY DATES, SUBMITTAL INFORMATION AND INSTRUCTIONS

3.1 PROJECT SPECIFIC DATES

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

Description Date Release of RFP to Supplier/Contractors 10/22/2025 Mandatory Job Walk, Pre-Bid Meeting (see 3.2) 8:00 AM, 10/30/2025 Deadline for Submittal of Questions Regarding RFP (see 3.3)

4:00 PM, 11/6/2025

Response to Questions Submitted 11/10/2025 Proposal Due Date 4:00 PM, 11/20/2025 Proposal Review 12/3/2025 Supplier/Contractor Recommendation 12/10/2025 Board Approval 1/2026 Approximate start date 2/2026

3.2 MANDATORY JOB WALK

A mandatory job walk will be held at 8:00 AM on Thursday, October 30, 2025. It is mandatory that Contractors attend the entire job walk including all four tanks.

Proposers will meet at Benton Tank, located off Benton Rd. in Winchester. Following Benton Tank, EMWD and attendees will proceed to Quail Valley 1, followed by Quail Valley 2 located off S. Canyon Dr. in Menifee. Oliver Tank will be the final location located off Ironwood Ave. in Moreno Valley. Please use aerials in Attachment I – Tank Aerial Views for reference as these sites do not have their own address and could be difficult to locate.

All interested parties MUST email Buyer at godinesa@emwd.org to confirm attendance.

Personal Protection Equipment (PPE) Recommended:

• Safety Boot

• Safety Vest

• Safety Helmet

Please contact Adilene Godines at godinesa@emwd.org or 951-928-3777 extension 6228 if you have any questions.

3.3 QUESTION SUBMITTAL

All general inquiries shall be directed to Adilene Godines in the Purchasing and Contracts Department at (951) 928-3777, ext. 6228. To be given consideration, all technical inquiries regarding this RFP shall be submitted on the EMWD e-Procurement website, under Questions and Answers (Q & A) tab, by the deadline as specified in section 3.1.

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3.4 PROPOSAL SUBMITTAL INFORMATION

Proposals will be received electronically via EMWD on-line bid management website at EMWD e-Procurement. Proposals 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 proposal, 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 proposals, 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 proposal received after the scheduled closing time for receipt of proposals will not be considered. To assure consideration, all proposals shall include specified forms and additional submittals to address all evaluation criteria. Mistakes may be crossed out and corrections made adjacent, however, each correction must be initialed by the person signing the proposal.

At the time of the proposal 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: Proposals are sealed and cannot be viewed by EMWD until the closing date and time.

Proposals may be withdrawn on 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 proposals: If the bidder submits an alternate proposal, each alternate will be submitted as a completely separate response, including all documents, signatures, and requirements of the RFP.

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.

3.5 ADDENDUM

Any additions, deletions, changes, clarifications, or supplemental information regarding the RFP will be sent to all prospective Proposers prior to the date fixed for the receipt of proposals. All addenda so issued shall become part of the contract documents. Any changes to this RFP are invalid 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.

3.6 PREPARATION COSTS

Any cost incurred by the proposer in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the proposer. Any cost incurred by the proposer for set up and demonstration of the proposed https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Femwd.bonfirehub.com%2Fportal%2F%3Ftab%3Dlogin&data=02%7C01%7Cvazquezm%40emwd.org%7Cbf58b4f644b647bfb82608d84a0ca908%7Cf7112bcf929c48f7bf407231589cba03%7C0%7C0%7C637340765516003000&sdata=jRp3WZRFk47LBJk7YIvUBCTVhwZp1xTT%2BNsO8slncms%3D&reserved=0

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equipment and/or system shall be borne solely by the proposer.

3.7 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.

3.8 SUBCONTRACTORS

The use of subcontractors is allowed. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement whether or not subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from EMWD awarding any resultant contract before any subcontractor is substituted during the term of this agreement.

3.9 CONTRACT TERMS AND CONDITIONS

The contract between EMWD and a Contractor will follow the format specified by EMWD in this RFP. 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.

3.10 ADDITIONS/DELETIONS AND/OR EXCEPTIONS

A purchase order or contract incorporating the terms and conditions contained herein will be sent to the successful Proposer. 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 form and will be considered as part of the selection/negotiation process.

If a Proposer 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 Proposer that the contractual terms and conditions contained herein are accepted by the Proposer.

3.11 RIGHT OF REJECTION

EMWD reserves the right to reject any or all proposals, either separately or as a whole and to waive any informality in a proposal 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.

3.12 SELECTION CRITERIA

The emphasis of the proposal should be on responding to the requirements set forth herein.

In addition, proposers need to demonstrate their capabilities, background, expertise, etc.

in order for EMWD to effectively evaluate the proposals, and award to the company that provides the best value to EMWD. The criteria for Contractor selection shall be based on, but not limited to, the following:

A. Price and Payment Terms

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Competitiveness and reasonableness of costs, early payment discount, etc., RFP Price Form.

B. Qualifications and Experience Contractor shall have a minimum of five years of demonstrated experience, by the references provided in References Form, of effectively performing the services requested in this RFP; Contractor to provide information on your company’s experience to include professional history, skills, and relevant experience demonstrating a capable, working knowledge of performing the services requested in this RFP. This includes staff experience, and the Contractor’s experience and demonstration of lead abatement experience. (Qualification and Experience Form).

C. Performance and Work History Proposers must provide at least three (3) references for projects completed within the last 36 months. These references shall be from customers similar to EMWD (such as special districts, state, federal, or local government, or other public agencies) where comparable services were performed. (References Form).

D. Exceptions Taken to RFP The number, nature, and materiality of exceptions taken by Proposer – Itemize each deviation or exception to the RFP. Additions, Deletions and/or Exceptions, any additional terms and conditions requested by proposer must be submitted at the time of your response and will be considered as part of the selection/negotiation process, Additions, Deletions and/or Exceptions Form.

E. Proposed Project Schedule OR Timeframe to Complete the Work Proposed project schedule/timeframe to complete the work. Reasonableness of Proposer’s implementation/delivery schedule and ability to meet deadlines, Timeframe to Complete Work Form.

F. Safety Record

Contractor’s CAL/OSHA Compliance History.

G. Process to Complete Work Contractor shall provide details on how they intend to complete the project to meet EMWD requirements. The following task details shall be provided:

• How many qualified personnel, supervisors, etc. are anticipated to be on-site?

• Work site set-up, work equipment required, safety equipment required, etc.

• Provide a project specific compliance program that will be used to reduce workers exposure to toxic metals.

• Provide a project timeline of activities with days to complete, Proposed Process to

Complete Work Form.

H. Insurance Affidavit I. Mobile CARB

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3.13 NO OBLIGATION

This RFP in no manner obligates EMWD to the use of any services until a valid written contract is awarded and approved by appropriate authorities.

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4. EVALUATION OF PROPOSALS

4.1 EMWD RIGHTS

EMWD may make such investigations as it deems necessary to determine the ability of the Proposer to provide the goods and/or service as specified, and the Proposer 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 proposal.

4.2 EVALUATION PROCESS

A. Proposals will be reviewed by the buyer to verify compliance with submission instructions, response requirements, and minimum qualifications. Any Proposal not meeting the minimum qualifications will be deemed non-responsive.

B. Proposal evaluation will commence following the review conducted by the buyer.

During the evaluation process, the evaluation committee may request clarification, as necessary, from Respondents. Respondents will be notified via email regarding the status of its Proposal.

C. Following the evaluation of the submitted Proposal, a short list of the most qualified

Respondents may be developed based on the criteria outlined in Section 3.12. EMWD may elect to have the short list of Respondents give oral presentations. Short-listed Respondents must be prepared to give their presentation within five (5) business days of EMWD’s request. The evaluation panel may ask questions about Respondent’s written Proposal and other issues regarding the scope of work. The short-list interview may be evaluated and scored. EMWD may ask short-listed Respondents to submit a best and final offer for further evaluation.

4.3 BEST AND FINAL OFFERS

Finalists may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers. Best and final offers may also be clarified and amended at finalist oral presentation and demonstration.

4.4 SELECTION OF FINALIST

Negotiations regarding agreement terms, conditions, scope of work, and pricing may or may not be conducted with Proposer. Therefore, the Proposal submitted should contain the Proposer’s most favorable terms and conditions, since the selection and award may be made without discussion with any Respondent. If EMWD engages the Respondent in negotiations and a satisfactory agreement provisions cannot be reached, then negotiations may be terminated. EMWD may elect to contact another company submitting a Proposal.

This sequence may continue until an agreement is reached.

4.5 FINALIZE CONTRACTUAL AGREEMENTS

Any Contractual agreement(s) resulting from this RFP will be finalized with the most advantageous Proposer(s). In the event mutually agreeable terms cannot be reached with

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the Proposer(s) in the time specified, EMWD reserves the right to finalize a contractual agreement with the next most advantageous Proposer(s) without undertaking a new procurement process.

4.6 DISCLOSURE OF PROPOSAL CONTENTS

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

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5. AWARD PROCESS

5.1 EMWD reserves the right to withhold award of contract for a period of one hundred eighty

(180) days following RFP submittal. All proposals received are considered valid for that one hundred eighty (180) day period.

5.2 IIPP AND INSURANCE REQUIREMENTS

Respondent shall secure and provide their company’s Injury & Illness Prevention Program (IIPP) and Certificate of Insurance (including endorsements and waivers) with the types and amounts of Insurance set forth in “Sections 8 & 9” of the RFP within fourteen (14) calendar days of EMWD’s notification of recommendation of award. If the successful Respondent is unable to secure the required insurance, EMWD reserves the right to revoke the award and award the agreement to the next highest ranked Respondent, to negotiate with any Respondent regarding the services that are the subject of this RFP, or to take any other action that is in the best interest of EMWD. Respondents are not required to provide proof of Insurance and Injury & Illness Prevention Program (IIPP) with their proposals.

5.3 A purchase order or contract incorporating the terms and conditions contained herein will be sent to the successful Proposer.

5.4 EXECUTION OF THE AGREEMENT

The Contract/Agreement shall be signed by the Contractor 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 work performed prior to receipt of a fully executed contract shall be at Company’s own risk.

5.5 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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6. TERMS AND CONDITIONS

6.1 ENGAGEMENT OF COMPANY

Company agrees to furnish and install the goods and/or services as stipulated herein, in accordance with the terms and conditions contained herein. Company will supply all labor, tools, equipment, materials, and expertise required to complete the work in a timely and workmanlike manner consistent with industry standards. Company agrees to perform the work in accordance with the terms and conditions of this contract, the forms attached hereto and incorporated herein by reference, and all applicable local, EMWD and federal laws, rules and regulations in effect at the time the services are provided.

6.2 TIME PERIOD

Company shall complete the work required herein in accordance with the schedule contained in the Proposal or as negotiated at the meeting between EMWD and Company after receipt of a fully executed purchase order, contract, or other Notice to Proceed where applicable. Time extensions will be granted, as reasonable, if Company’s performance of services is delayed by reason of strikes, boycotts, accidents, acts of God, weather, or other circumstances beyond Company’s control.

6.3 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.

6.4 PAYMENT FOR SERVICES/PRODUCT

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.

Contractor shall submit invoice after each tank has been completed. Payment will be held until EMWD approves of the tank coating and a warranty certificate is provided by the contractor.

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 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 :

mailto:apuser@emwd.org

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Eastern Municipal Water District Attn: Finance Department

P.O. Box 8300 Perris, CA 92572-8300

6.5 RIGHT TO WITHHOLD 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.

6.6 CHANGE ORDERS

Change Orders are defined as additional work and/or changes to the scope of this Request for Proposal. 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.

6.7 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 the List of Subcontractors Form

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shall be permitted to perform services under this contract without the express written consent of EMWD.

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.

6.8 STATUS OF COMPANY

Company will be considered for all purposes an independent Contractor and will not at any time directly or indirectly act as an agent, servant or employee of EMWD or make any commitments or incur any liabilities on behalf of EMWD without its express written consent. All personnel furnished by Company will be employees of the Company and Company will pay all salaries and expenses of, and all federal, social security taxes, federal and state unemployment taxes, and any similar payroll taxes relating to such personnel, and will carry Worker’s Compensation Insurance for such personnel. Neither Company nor any of his/her employees or agents shall have any claim under this contract or otherwise against EMWD for vacation pay, paid sick leave, retirement benefits, social security, workers compensation, health, disability, unemployment insurance benefits or other employee benefits of any kind.

6.9 LICENSING AND PERMITS

Company shall be licensed, as required, in accordance with the laws of this state. Company further warrants that it has all necessary permits, approvals, certificates, waivers and exemptions necessary for the provision of goods/services hereunder and required by the laws and regulation of the United States, State of California, the County of Riverside and all other appropriate governmental agencies and shall maintain these throughout the term of this Contract.

6.10 WARRANTY

A. Company warrants that all Services performed under this Agreement shall be performed in a competent manner in conformance with EMWD’s specifications and all applicable professional standards and that all equipment, materials and supplies provided hereunder or used in connection with the performance of such Services shall be of first rate quality, in strict compliance with EMWD’s specifications and any and all applicable industry standards, and free of defects in design, workmanship, and materials.

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B. If the Services do not meet the warranties specified herein, Company shall promptly correct, without expense to EMWD, all Services which are not completed to the reasonable satisfaction of EMWD, and all specifications, drawings, or instructions set forth in or referenced in the Order(s). Company shall re-perform the Services and repair or replace all equipment, materials, and supplies, and make all corrections of Services, equipment, materials and supplies, including disassembly and re-assembly, which do not conform to the foregoing warranties, upon written notice thereof anytime such defects appear within twelve (12) months after EMWD’s acceptance of the Services performed hereunder.

C. Contractor shall provide, to EMWD, a warranty certificate stating the terms of the warranty, warranty start, and warranty completion dates upon district acceptance of each tank coating.

6.11 COMPANY’S RESPONSIBILITIES

A. EMPLOYEES

1. Background/Security: Company warrants that all personnel engaged in the performance of this work are legal employees of the Company, possess sufficient experience, and have been subject to a background check for criminal history.

During the term of this contract, Company shall notify EMWD of any employee performing this work that has a criminal conviction.

2. Conduct: Company shall not allow any person(s) under the influence of alcohol or drugs on EMWD’s property. Neither shall the Company allow the use or presence of alcohol or drugs on EMWD’s property. Any employee or Subcontractor or Company performing work on EMWD property while under the influence of alcohol or drugs or whose conduct interferes with proper performance of the work or with EMWD’s operations shall be immediately removed from the work site and not permitted at the worksite thereafter.

3. Supervision: Company shall provide a supervisor or foreman who shall be present at all times during contract operations, and who shall be responsible for both the conduct and workmanship. The supervisor or foreman shall be able to communicate effectively in both written and oral English.

4. Company Representatives: EMWD reserves the right to require a change in company representatives if the assigned representative(s) is (are) not, in the opinion of EMWD, adequately meeting the needs of EMWD.

While performing Services, Contractor’s personnel shall at all times present a professional appearance wearing neat, clean uniforms with Contractor’s company name displayed on uniform shirt, jacket, and safety vest and all required PPE.

Contractor personnel shall maintain the highest level of professional standards in attire, decorum, and interaction with the public and EMWD personnel. Contractor

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shall ensure that all personnel providing Services conduct themselves at all times in a professional manner that reflects well on EMWD. EMWD reserves the right to request removal of any Contractor personnel deemed inappropriate for assignment to duty on EMWD properties. In the event EMWD is dissatisfied with Contractor’s personnel, Contractor shall replace said personnel within one (1) day of receiving written or verbal notification of such from EMWD

The contractor shall provide coverage when staffing changes occur. Contractor shall guarantee that all scheduled services described in the scope of work shall be provided on-time and in full. Contractor shall provide adequate staffing to meet the requirements of the scope of work and shall ensure that the schedule of services provided shall not lapse or have interruptions due to contractor/vendor staff scheduled vacations, sick days, family leave, etc.

Company representatives may be required to carry access badges in order to perform work on EMWD sites. Contractor will be required to leave a $50.00 deposit ($10 Fee/$40 is refundable upon access badge return) for each access badge issued.

5. Training: Company shall have an ongoing training program for its entire staff.

Company shall provide only personnel that have been fully trained for performance of this work. Supervisors shall have been trained in supervision as well as technical training. Training shall be conducted no less than at frequency adequate to ensure that employees retain the critical knowledge and skills required to safely perform all assigned tasks and duties.

6. Gifts and Gratuities: Company shall establish precautions to prevent its employees or agents from making, providing, or offering gifts, entertainment, payments, loans or other considerations which could be deemed or appear to influence individuals to act contrary to the best interest of EMWD.

7. Notice of Security Breach: In the event Company has actual knowledge of or reason to believe that there has been a security breach of their systems, including breaches of email accounts and telephone used to conduct business to provide the Services, herein called “Security Breach”, Company shall promptly, but within no more than 72 hours, notify EMWD. Company shall use commercially reasonable efforts necessary including those as may be required by law, to contain such Security Breach and to prevent any further Security Breaches that may affect EMWD.

Company shall also require its third-party Vendors, subconsultants, and Subcontractors to comply with this clause

B. RECORDS

Company shall maintain an accurate record showing name of employee, classification, actual hours worked, wages paid, and any benefits paid to each employee.

C. RESTRICTIONS

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Unauthorized use of EMWD equipment is prohibited by the Company or their employees. EMWD telephones shall not be used for personal or business reasons with the following exception(s):

1. To report need of medical aid, fire, or need of law enforcement, use 9-911 number.

2. Notification to EMWD’s IOC center (951-928-3777, ext. 6265) of damage as required in this contract.

6.12 NON-DISCRIMINATION IN EMPLOYMENT

Company shall not discriminate against any worker, employee, or applicant for employment because of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation. Company agrees upon request to provide EMWD with Certificate of Submission of Current Compliance Report or Compliance Report Notification.

6.13 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.

6.14 NON-PERFORMANCE OF DUTIES

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.

6.15 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, 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 other sources, together with EMWD’s legal and administrative expenses, to the extent EMWD total cost exceed the contract price hereunder.

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B. Without Cause

EMWD reserves and has the right to immediately suspend, cancel or terminate this contract for its convenience for any reason whatsoever, and 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 Senior Director of Administrative Services or his or her designee shall be the hearing officer. The hearing shall be held within 30 days of a written request for same.

6.16 HOLD HARMLESS AND INDEMNIFICATION

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.