1-RFQ 3925 On-Call Construction Services..pdf

REQUEST FOR PROPOSAL #3925

ON-CALL CONSTRUCTION SERVICES: UNDERGROUND PIPING AND

FACILITIES MECHANICAL

REQUEST FOR QUALIFICATIONS RFQ ISSUED: 3/9/2026

DEADLINE FOR SUBMITTAL OF QUESTIONS: 4:00 PM, 3/18/2026

ELECTRONIC PROPOSAL DUE BY: 4:00 PM, 3/27/2026

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: Travis Hill, Service Contract Administrator Phone: (951) 928-3777, ext. 6268 Email: hillt@emwd.org

KEY DATES

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RFQ #3925

Table of Contents

1. INTRODUCTION AND OVERVIEW

2. SCOPE OF SERVICE

3. EVALUATION OF PROPOSALS

4. AWARD PROCESS

5. TERMS AND CONDITIONS

6. GENERAL SAFETY REQUIREMENTS – (REV. 06/24)

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

REQUIRED SUBMITTALS

Price Form

Proposer’s Business Information

Qualifications & Experience

Business References

List of Subcontractors

Additions, Deletions and/or Exceptions

List of Equipment

CARB Contractor Mobile Source Form

Letter of Bond Ability

Insurance Affidavit

Contractor’s CAL/OSHA Compliance History

FEMA Certifications Addendum Form

Submittal Check-Off List

EASTERN MUNICIPAL WATER DISTRICT

ON-CALL CONSTRUCTION SERVICES: UNDERGROUND PIPING AND FACILITIES MECHANICAL

1. INTRODUCTION AND OVERVIEW

1.1 PURPOSE OF REQUEST FOR PROPOSAL

Eastern Municipal Water District (EMWD) is soliciting a Request for Qualifications (RFQ) through a competitive process to establish a pool of qualified contractors licensed in the State of California to perform various construction services. These services include, but are not limited to, underground piping and facility mechanical work to support EMWD’s scheduled capital projects, urgent repairs, and related operational needs. The specific requirements for the work are detailed in Section II – Scope of Services.

It is the intent of EMWD to receive responses to the RFQ and, if appropriate, conduct individual interviews at its sole discretion in order to select a PROPOSAL which in the opinion of EMWD, is best suited to perform the work. The purpose of this RFQ therefore, is to provide EMWD with the information necessary in order to select a Firm(s).

The terms and conditions contained herein constitute the full and complete understanding of the parties. However, should your Contractor(s) request additional contractual terms and conditions for consideration, such requests must be clearly identified on the Additions, Deletions and/or Exceptions Form 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.

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

1.2 GENERAL OVERVIEW

As a member of the Metropolitan Water District of Southern California (Metropolitan), Eastern Municipal Water District (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 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 CONTRACT TERM:

The term of this agreement will be for a period of two years with a one-year option to renew at the sole discretion of EMWD.

1.5 CONTRACTOR ROTATION

Projects awarded pursuant to the established On-Call listing may be assigned based on multiple variables depending on EMWD’s need. Emergency work may be awarded at EMWD’s sole discretion or based on first available Contractor response. Scheduled work may be awarded based on the results of a Request for Proposal event.

EMWD is in no way obligated to assure such workload or monetary distribution.

1.6 PREVAILING WAGES:

Payment of prevailing wage rate is required.

1.7 LICENSE REQUIREMENTS:

Contractor’s CSLB General engineering A License is required.

1.8 REQUIRED BOND(S)

Submit a letter of bond ability from the Company’s surety or bonding agent addressed to EMWD, stating the available bond limits for both single and aggregate projects.

1.9 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 RFQ 3/9/2026 Deadline for Submittal of Questions Regarding RFQ (see 3.3)

4:00 PM, 3/18/2026

Response to Questions Submitted 3/20/2026 Proposal Due Date 4:00 PM, 3/27/2026 Proposal Review 4/3/2026 Contractor(s) Recommendation TBD Board Recommendation 6/1/2026 Approximate Agreement Start Date 7/1/2026

1.10 QUESTION SUBMITTAL

All general inquiries shall be directed to Travis Hill in the Purchasing and Contracts Department at (951) 928-3777, ext. 6268. To be given consideration, all technical inquiries regarding thisRFQ 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.

1.11 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 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 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 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 RFQ.

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.

1.12 ADDENDUM

Any additions, deletions, changes, clarifications, or supplemental information regarding the RFQ 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 RFQ 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.

1.13 PREPARATION COSTS

Any cost incurred by the proposer in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFQ 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.

1.14 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.

1.15 CONFIDENTIAL/PROPRIETARY INFORMATION

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 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.

1.16 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.

1.17 CONTRACT TERMS AND CONDITIONS

The contract between EMWD and a Contractor(s) will follow the format specified by EMWD in this RFQ. However, EMWD reserves the right to negotiate provisions in addition to those contained in this RFQ with any proposer. The contents of thisRFQ, as revised and/ or supplemented, and the successful Proposer’s proposal will be incorporated into and become part of any resultant contract.

1.18 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.

1.19 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.

1.20 SELECTION CRITERIA/PROPOSAL REQUIREMENTS

The emphasis of the proposal should be on responding to the requirements set forth herein and providing documentation requested below. In addition, proposers need to demonstrate their capabilities, background, expertise, etc. in order for EMWD to effectively evaluate the proposals, and award to the Contractor(s) that provides the best value to EMWD. The criteria for selection shall be based on, but not limited to, the following:

1.20.1 Criteria 1: Organization and Personnel Experience & Qualifications

Proposers shall include the following:

A. Executive Summary Brief summary of the firm’s background, company origin, size, organizational structure, licenses and certifications, and proximity to EMWD offices.

B. Qualifications and Experience of Organization

• Experience of the firm in delivering services similar to those described in the Scope of Services

• Minimum five years of experience required

• Organizational chart showing project team roles and responsibilities.

• List licenses, certifications.

• Experience with Public agencies, specifically Water Districts, desired

• Require the Qualifications and Experience Form.

1.20.2 Criteria 2: Past Performance

Provide a minimum of six customer references from completed projects within the last five years. References should be similar in scope and complexity to the Scope of Services listed in Section 2. Experience with public agencies, specifically Water Districts, is preferred. References Form.

1.20.3 Criteria 3: Price and Payment Terms

Competitiveness and reasonableness of proposed costs. Please include your labor rates for, at minimum, Foreman, Laborer and an Equipment Operator on Rate Schedule. Discounts for early payment, if applicable, Price Form.

1.20.4 Criteria 4: List of Subcontractors

List of Subcontractors for this project – If the firm utilizes Subcontractors, firm shall provide a list of the Subcontractor’s name(s) and include their responsibilities, qualifications and the major clients and projects they have worked on relative to the services requested on this RFP or similar projects, describe the relevant experience of all proposed subcontractors. The narrative must thoroughly describe how the company has supplied expertise for similar contracts and must include the extent of their experience, expertise and knowledge relevant to the Scope of Services, Subcontractors Form.

1.20.5 Criteria 5: Exceptions Taken to RFQ

Number, nature, and materiality of exceptions taken to EMWD’s terms and conditions, Additions, Deletions, and/or Exceptions Form.

1.20.6 Criteria 6: List of Equipment

Please indicate the category of services that you are submitting your equipment list for. Please limit to five (5) pages. (Underground Piping and/or Facilities Mechanical Services) List of Equipment Form

1.20.7 Criteria 7: Contractors Mobile Source Acknowledgement Form

1.20.8 Criteria 8: Surety Bond Ability Letter

1.20.9 Criteria 9: Insurance Affidavit

Confirmation that the firm can meet EMWD’s insurance requirements.

1.20.10 Criteria 10: Safety Record

Firm’s CAL/OSHA compliance history and safety performance.

1.20.11 Criteria 11: FEMA Certification

Contractor shall acknowledge the FEMA Certification Addendum by initialing and submitting the Form with their RFQ Attachments.

1.21 NO OBLIGATION

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

2. SCOPE OF SERVICE

2.1 BACKGROUND

EMWD is seeking qualified, licensed contractors to provide on-call construction services for Underground Piping and Facilities Mechanical work on an as-needed basis.

EMWD intends to award agreements to multiple contractors capable of supporting both planned capital improvements and emergency repairs across EMWD facilities. Labor and equipment rates (RFQ Price Form) will be used for evaluation purposes and for all urgent work. For scheduled work, pricing will be submitted on a per job basis

Contractors shall provide all labor, supervision, equipment, materials, transportation, traffic control, permitting, and incidentals necessary to safely and successfully complete assigned work.

The Contractor shall assume full responsibility for project execution from mobilization through final restoration, unless otherwise expressly directed by EMWD.

2.2 ON-CALL CONTRACTOR OBJECTIVES

The primary objectives of this contract are to:

A. Protect critical water, wastewater, and recycled water infrastructure B. Minimize operational downtime C. Ensure rapid emergency response D. Maintain regulatory compliance E. Deliver high-quality construction services F. Promote jobsite safety

Failure to meet these objectives may result in removal from the on-call rotation or contract termination.

2.3 SERVICE CATEGORIES

Contractors may submit qualifications for one or both service categories:

A. Underground Piping Services B. Facilities Mechanical Services

EMWD reserves the right to award one, both, or neither category to any proposer

2.4 UNDERGROUND PIPING SERVICES

The Contractor shall be experienced in the installation, rehabilitation, modification, relocation, and repair of pressurized and gravity pipeline systems ranging approximately from 1-inch through 60-inch diameter.

Applicable pipe materials may include, but are not limited to:

A. Cement mortar lined and coated pipe B. Ductile iron pipe

C. HDPE

D. PVC

E. Vitrified clay F. Copper G. Asbestos cement pipe (ACP): Contractors performing ACP work must possess all required licensing, certifications, and regulatory training per CSLB and Cal OSHA guidelines for asbestos-related construction activities.

H. Typical Work May Include:

I. Pipeline installation and relocation

II. Leak detection and repair III. Valve and vault installation IV. Storm drain modifications and relocation V. Excavation, trenching, shoring, backfill, grading and compaction

VI. Slope formation or correction VII. Asphalt and concrete demolition and restoration

VIII. Surface restoration and paving IX. Traffic control X. Welding and fabrication services

2.5 FACILITIES MECHANICAL SERVICES

The Contractor shall provide mechanical construction services supporting treatment plants, pump stations, and related facilities.

Typical Work May Include:

A. Fabrication and installation of ladders, railings, and platforms B. Pump removal and replacement C. Piping reconfiguration D. Clarifier retrofits E. Aeration system repairs F. Conveyor and auger replacement G. Headworks equipment repair H. Mechanical, civil, hydraulic, and minor electrical work I. Some assignments may require confined space entry, and the Contractor shall ensure all personnel are properly trained and certified.

2.6 CONTRACTOR RESPONSIBILITIES

The Contractor shall:

A. Provide qualified supervision at all times B. Maintain adequate staffing and equipment availability C. Coordinate work with EMWD operations D. Protect existing infrastructure E. Maintain safe jobsite conditions F. Restore affected areas to equal or better conditions G. Comply with all applicable safety and regulatory requirements H. Be responsible for means and methods of construction.

I. Be solely responsible for obtaining all permits required by local, state, and federal agencies unless otherwise directed by EMWD.

2.7 CONFINED SPACE SAFETY REQUIREMENTS

The Contractor shall be solely responsible for ensuring full compliance with all confined space entry regulations applicable to the work performed under this Agreement.

The Contractor shall understand, implement, and adhere to the District’s Confined Space Entry Program. The District’s procedures meet or exceed the requirements established under California Code of Regulations (CCR), Title 8 General Industry Safety Orders (GISO), Construction Safety Orders, and Article 108 – Confined Spaces.

Prior to performing any work involving confined space entry, the Contractor shall:

A. Provide documentation demonstrating that all personnel assigned to confined space work are properly trained, certified, and medically qualified.

B. Maintain current confined space entry permits as required by regulation.

C. Provide all required atmospheric monitoring equipment, ventilation equipment, rescue equipment, and personal protective equipment.

D. Designate a competent person responsible for confined space operations.

E. Ensure rescue procedures are established and immediately available.

EWMD reserves the right to suspend work if confined space practices are determined to be unsafe or non-compliant. Failure to comply with confined space requirements shall constitute a material breach of contract.

2.8 URGENT / EMERGENCY WORK

Urgent work will be assigned based on contractor availability and response capability.

EMWD will contact on-call contractors until one confirms acceptance of the assignment

Required Expectations:

A. Ability to secure the site and prevent service disruption Maintain 24 hours per day, 7 days per week, 365 days per year availability.

B. Provide immediate response capability.

C. Mobilize qualified personnel and necessary equipment without delay.

D. Take all reasonable measures to protect public health, safety, and critical infrastructure

Compensation for urgent work shall be on a time-and-material basis with a cost not-to-exceed amount in accordance with the Rate Schedule and applicable Caltrans Equipment Rental Rates.

Contractors must monitor costs and notify EMWD upon reaching 75% of the authorized amount.

Unauthorized work exceeding the approved limit will not be compensated.

2.9 PLANNED / SCHEDULED WORK

Projects exceeding EMWD’s Admin Code Policy for competition shall be competed among the list of on-call contracts, with EMWD exercising the right include other contractors at its sole discretion.

EMWD may request quotes directly for smaller projects at its sole discretion.

Pricing shall be submitted as either:

A. Fixed price, OR B. Time-and-expense with a not-to-exceed limit.

C. Work will be awarded based on:

• Contractor qualifications

• Responsiveness

• Pricing

• Relevant experience

• Ability to successfully deliver the project

D. Project sizes may range from minor repairs under $5,000 to multi-million-dollar construction efforts.

E. Contractors are expected to pursue only those opportunities aligned with their demonstrated capabilities.

F. Individual purchase orders shall not exceed Board authorization thresholds.

G. EMWD makes no guarantee of minimum work volume.

H. Contractors shall perform services on an as-needed basis

2.10 PERFORMANCE STANDARDS

The Contractor shall perform all work:

A. In a professional and workmanlike manner B. In accordance with industry standard C. In compliance with all applicable regulations

2.11 EMWD RIGHTS

EMWD reserves the right to:

A. Assign work based on contractor expertise B. Utilize alternate contractors if response times are not met C. Suspend work for safety concerns D. Reduce contract capacity E. Remove contractors from the on-call pool F. Add contractors to list

3. EVALUATION OF PROPOSALS

3.1 At time of the opening of proposals each Proposer shall be presumed to have read and be thoroughly familiar with the specifications and contract documents, including all Addenda.

3.2 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.

3.3 EVALUATION PROCESS

A. Proposals will be reviewed by Purchasing and Contracts staff to verify compliance with submission instructions, response to 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 Purchasing and Contracts staff. 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 at EMWD’s sole discretion, based on the criteria outlined in Section 2.13. 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 services. 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.

3.4 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.

3.5 SELECTION OF FINALIST

Negotiations regarding agreement terms, conditions, scope of services, 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 Contractor(s) submitting a Proposal. This sequence may continue until an agreement is reached.

3.6 FINALIZE CONTRACTUAL AGREEMENTS

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

3.7 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.

4. AWARD PROCESS

4.1 EMWD reserves the right to withhold award of contract for a period of (180) days following RFQ submittal. All proposals received are considered valid for that (180) day period.

4.2 INJURY & ILLNESS PREVENTION PROGRAM (IIPP)

Every California employer must establish, implement, and maintain a written Injury and Illness Prevention Program (IIPP) and a copy must be maintained at each worksite if the employer has non-fixed worksites. The requirements for establishing, implementing, and maintaining a written Injury and Illness Prevention Program can be found at:

DOSH - Publi https://www.dir.ca.gov/dosh/puborder.asp#IIPP

4.3 IIPP AND INSURANCE REQUIREMENTS

Respondent shall secure and provide their Contractor(s)’s Injury & Illness Prevention Program (IIPP) and Certificate of Insurance (including endorsements and waivers) with the types and amounts of Insurance set forth in in this RFQ within fourteen (14) calendar days of EMWD’s notification of recommendation of award approval. 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 RFQ, 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.

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

4.5 EXECUTION OF THE AGREEMENT

The Contract/Agreement shall be signed by the Contractor(s) 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 Contractor(s)’s own risk.

4.6 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.

http://www.dir.ca.gov/dosh/dosh_publications/iipp.html http://www.dir.ca.gov/dosh/dosh_publications/iipp.html

5. TERMS AND CONDITIONS

5.1 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.

5.2 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.

5.3 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.

5.4 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.

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 :

Eastern Municipal Water District Attn: Finance Department

P.O. Box 8300 Perris, CA 92572-8300 mailto:apuser@emwd.org

5.5 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.

5.6 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.

5.7 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 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.

5.8 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.

5.9 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.

5.10 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.

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.

5.11 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 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 services shall be provided on-time and in full. Contractor shall provide adequate staffing to meet the requirements of the scope of services 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

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.

5.12 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.

5.13 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.

5.14 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.

5.15 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.

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.

5.16 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. 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.

5.17 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,…