2-RFP-HH-3924 Bulk Ammonium Sulfate 40% Blend.pdf

REQUEST FOR PROPOSAL #3924

LIQUID AMMONIUM SULFATE 40% BLEND

REQUEST FOR PROPOSAL RFP ISSUED: 3/3/2026

DEADLINE FOR SUBMITTAL OF QUESTIONS: 4:00 PM, 3/10/2026

ELECTRONIC PROPOSAL DUE BY: 4:00 PM, 3/19/2026

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: Haely Hernandez, Senior Buyer, MBA, CPPB, NIGP-CPP Phone: (951) 928-3777, ext. 6231 Email: hernanha@emwd.org

KEY DATES

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

RFP #3924

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

Business References

Additions, Deletions and/or Exceptions

Qualifications and Experience

Safety Data Sheet

NSF 60 Certification

Supplier Delivery Procedures

AWWA B302-10 Certification

Insurance Affidavit

Contractor’s CAL/OSHA Compliance History

CARB Contractor Mobile Source

Iran Contracting Act Certification

EASTERN MUNICIPAL WATER DISTRICT

LIQUID AMMONIUM SULFATE 40% BLEND

1. INTRODUCTION AND OVERVIEW

1.1 PURPOSE OF REQUEST FOR PROPOSAL

Eastern Municipal Water District (EMWD) is seeking proposals through a competitive process, for the supply and delivery of bulk liquid NSF 60 and AWWA B302-10 certified ammonium sulfate with 40% blend. The requirements for the work are further described in Section II – Scope of Work and Technical Specifications.

It is the intent of EMWD to receive responses to the RFP 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 RFP 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 Supplier(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 shall be for a period of five-years.

1.5 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 3/3/2026 Deadline for Submittal of Questions Regarding RFP (see 3.3)

4:00 PM, 3/10/2026

Response to Questions Submitted 3/13/2026 Proposal Due Date 4:00 PM, 3/19/2026 Proposal Review 3/23/2026 Supplier(s) Recommendation 3/30/2026 Board Recommendation - 5/6/2026 Approximate Agreement Start Date 6/15/2026

1.6 QUESTION SUBMITTAL

All general inquiries shall be directed to Haely Hernandez in the Purchasing and Contracts Department at (951) 928-3777, ext. 6231. To be given consideration, all technical inquiries regarding thisRFP 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.

1.7 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 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 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.

1.8 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.

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

1.10 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.

1.11 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.

1.12 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.

1.13 CONTRACT TERMS AND CONDITIONS

The contract between EMWD and a Supplier(s) 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 thisRFP, as revised and/ or supplemented, and the successful Proposer’s proposal will be incorporated into and become part of any resultant contract.

1.14 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.

1.15 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.

1.16 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 Supplier(s) that provides the best value to EMWD.

The criteria for selection shall be based on, but not limited to, the following:

1.16.1 Criteria 1: Organization and Personnel Experience & Qualifications

Proposers shall include the following:

• Experience of the firm in delivering services similar to those described in the Scope of Work (SOW)

• Experience with public agencies is preferred.

• Minimum of five (5) years’ experience in providing services similar to those described in SOW.

Qualifications and Experience Form.

1.16.2 Criteria 2: Price and Payment Terms

Competitiveness and reasonableness of proposed costs. Discounts for early payment, if applicable, Price Form. Proposer to provide delivery lead-time from date of order placement.

1.16.3 Criteria 3: Performance and Work History

Firm shall provide a minimum of three professional references where similar services are provided. References shall include clients similar to EMWD in size, scope, and receiving similar product meeting solicitation requirements, public agency references highly desired. Reference Form.

1.16.4 Criteria 4. Exceptions Taken to RFP

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

1.16.5 Criteria 5: Product Compliance (Pass/Fail)

• Safety Data Sheet (SDS)

• Copy of Product Data Sheet

• ANSI/NSF 60 and AWWA B302-10 Certification (pass/fail)

1.16.6 Criteria 6: Supplier Delivery Procedures (Pass/Fail)

1.16.7 Criteria 7: Insurance Affidavit (Pass/Fail)

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

1.16.8 Criteria 8: Safety Record (Pass/Fail)

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

1.16.9 Criteria 9: Iran Contracting Act Certification (Pass/Fail)

1.16.10 Criteria 10: Contractor’s Mobile Source Acknowledgement Form (Pass/Fail)

1.17 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.

2. SCOPE OF SERVICE

2.1 BACKGROUND

EMWD is seeking proposals from qualified Suppliers to provide bulk liquid ammonium sulfate with a 40% solution blend for use in the treatment of municipal water supplies.

The product shall be delivered on an as-needed basis to multiple EMWD facilities throughout EMWD’s service area. Currently, ten (10) delivery sites are included in this Scope of Work; however, EMWD reserves the right to add or remove delivery locations at any time during the term of the contract, at its sole discretion.

2.2 PRODUCT REQUIREMENTS

2.2.1 The Supplier shall provide bulk liquid ammonium sulfate with a 40% solution blend.

The product must be certified to ANSI/NSF 60 and meet or exceed AWWA B302-10 standards (current revisions).

2.2.2 A Certificate of Analysis (COA) specific to each batch shall accompany every delivery, along with the most current Safety Data Sheet (SDS).

2.2.3 Proof of ANSI/NSF 60 and AWWA B302-10 certification shall be submitted with the proposal and must remain valid for the entire term of the contract. Any lapse in certification may be grounds for contract termination at EMWD’s sole discretion.

Proposers with products that are pending certification or in the process of obtaining certification shall not be considered.

2.2.4 If the Supplier is a distributor, only manufacturers’ Authorized Distributors shall be accepted. Written authorization from the manufacturer must be provided with the proposal.

2.2.5 The product shall be free from impurities, including soluble or insoluble materials and organic or inorganic substances that may adversely affect water quality or pose a risk to public health.

2.2.6 If the product is repackaged, transferred, diluted, or blended by an entity other than the manufacturer, the third party must also maintain certification to ANSI/NSF 60 and AWWA B302-10 standards at all times. Any lapse in third-party certification may result in contract cancellation.

2.2.7 All subcontractors, including third-party transportation providers, shall be identified in the List of Subcontractors at the time of proposal submission. Subcontractors with pending or in-process certifications shall not be accepted.

2.2.8 In all cases, the liquid ammonium sulfate must be certified at the point of use at Eastern Municipal Water District facilities.

Supplier shall NOT change the source of supply (manufacturer), nor a Sub-contractor without the consent of EMWD. A 30-day written notification is required to be submitted with final determination to be rendered by EMWD, at its sole discretion.

2.3 QUANTITIES

2.3.1 The intent of this contract is for the Supplier to furnish all Ammonium Sulfate 40% blend requirements for EMWD. Estimated annual usage figures are provided for a 12-month period for informational purposes only and shall not be construed as a guaranteed purchase quantity.

2.3.2 It is anticipated that approximately 100,000 gallons will be purchased annually;

however, actual quantities may vary based on operating conditions. Deliveries may consist of full truckloads or less-than-truckload quantities.

2.3.3 If the Supplier is unable to provide product within the agreed timeframe, EMWD reserves the right to procure the required product on the open market. Should the open market price per gallon exceed the contract price, EMWD reserves the right to invoice the Supplier for the price difference.

2.3.4 EMWD reserves the right to purchase any volume of bulk liquid ammonium sulfate, at the contract price regardless of stated estimated quantities. No price adjustment shall be allowed based on the purchased volume

The following table lists sites, addresses, number of tanks and respective sizes, and estimated annual usage.

Site Address # of Tanks

Size of Tanks

(Gallons

Estimated Annual Usage

(Gallons) Palm/Menlo Booster 24980 Palm Ave. Hemet, CA 92543 2 600 3,600 Well 35 24980 Palm Ave. Hemet, CA 92543 1 200 1,400

Well 29 521 County Village Rd. San Jacinto, CA 92583 1 400 3,700

Well 59 4649 Indian Ave. Perris, CA 92571 1 400 TBD Well 56 303 Perry St. Perris, CA 92571 1 200 TBD Watson Booster 29285 Watson Rd. Perris, CA 92572 1 160 TBD

Brosseau Booster 30984 Contour Ave. Nuevo, CA 92567 1 150 1,500

Perris Water Filtration 3394 Evans Rd. Perris, CA 92570 1 1,200 33,000 Hemet Water Filtration 1259 N. Kirby St. Hemet, CA 92573 2 3,000 15,000 Menifee/Perris Desalter

29541 Murrieta Rd. Sun City, CA 92586 1 1,000 17,000

Perris II Desalter 29541 Murrieta Rd. Sun City, CA 92586 1 6,000 13,500

Perris North Groundwater Treatment Facility

13680 Perris Blvd Moreno Valley, CA 92553 1 1000 11,000

2.4 DELIVERY LOCATIONS/WORKING HOURS

2.4.1 All deliveries shall be made FOB Destination to the designated delivery location, during normal operating hours of 7:00 a.m. to 3:00 p.m., Monday through Friday, unless explicitly instructed so by an EMWD employee.

2.4.2 Deliveries will be made on an as-needed basis within five (5) calendar days from notification of a delivery request, as specified by the individual EMWD site. Requests may be submitted by telephone or email. The Supplier shall confirm the scheduled delivery date via email to the requestor within 24 hours of the request. Any request to reschedule a delivery must be submitted via email to the EMWD requestor no less than 48 hours prior to the requested delivery date.

2.4.3 Under certain conditions, deliveries may be required within 24 hours of notification, constituting an urgent request. Deliveries may also be requested on weekends, holidays, or after normal business hours. Special deliveries outside EMWD’s standard operating hours shall be coordinated and confirmed directly with the requesting site.

2.4.4 If the Supplier is unable to meet EMWD’s requested delivery date for any reason, the Supplier shall notify the site and provide an updated estimated delivery date and time at least 24 hours before the previously agreed ETA.

2.4.5 Drivers/operators are required to call in their estimated arrival time at minimum forty-five (45) minutes prior to arrival. All delivery vehicles are subjected to inspection upon arrival and/or departure to ensure compliance with contract.

2.4.6 Supplier shall follow EMWD’s off-loading procedures (i.e. Two-person verification process before connecting and offloading chemical to prevent mixing).

2.5 CONDITIONS OF CARGO CONTAINERS AND LOAD REJECTIONS

2.5.1 Tanks and trailers used for delivery shall be clean and free of any residue from previous loads that could contaminate the product. The Supplier is responsible for verifying the cleanliness of all transport equipment prior to loading. All associated valves, pumps, and discharge hoses used for delivering liquid Ammonium Sulfate 40% blend must also be clean and free of any contaminating material. EMWD reserves the right to reject any load if the equipment is not properly cleaned.

2.5.2 The Supplier shall provide an EMWD-approved, leak-free connection device between the Supplier’s pumping system and EMWD’s intake receptacle.

2.5.3 EMWD may reject any delivery that fails to meet these specifications or is found to be contaminated. In such cases, the Supplier shall re-deliver the product within 24 hours of the rejected delivery at no additional cost to EMWD.

2.6 SAFETY REQUIREMENTS

2.6.1 The Supplier shall provide all delivery personnel with the required personal protective equipment (PPE) as specified in the Safety Data Sheet (SDS) for the product being delivered. The Supplier, at its own expense, shall comply with all applicable federal, state, and local statutes and regulations regarding training requirements, including annual refresher training and supervisory courses.

2.6.2 Upon request by EMWD, the Supplier shall furnish copies of all applicable United

States Department of Labor Occupational Safety and Health Administration (OSHA) training certificates and/or other relevant federal or state agency certifications, along with any other required documentation, for all individuals performing work under this Agreement.

2.6.3 During chemical deliveries, the delivery personnel must place wheel chocks under at least two tires to prevent any movement of the vehicle during unloading.

2.7 SUPPLIER DELIVERY PROCEDURES

Suppliers shall provide a written copy of their established procedure governing chemical deliveries. This procedure may take the form of a Job Safety Analysis (JSA), Standard Operating Procedure (SOP), or equivalent document. At a minimum, the procedure must clearly describe:

a) The step-by-step process for delivering the specified chemical, including vehicle staging, offloading, and transfer methods.

b) Emergency response protocols to be followed in the event of a spill, release, or other incident during delivery.

c) The required personal protective equipment (PPE) for supplier personnel and any site-specific safety requirements.

d) Communication requirements with EMWD staff before, during, and after delivery.

e) Any hazard controls, special handling measures, or environmental safeguards to ensure safe and compliant operations.

The intent is to ensure suppliers demonstrate they have a comprehensive, proactive plan to manage delivery safety, minimize risks, and respond effectively to potential incidents.

2.8 SAFETY DATA SHEETS

The Supplier shall submit a Safety Data Sheet (SDS) for the proposed product as part of their bid submittal. A copy of the SDS must also accompany each delivery.

If the product is modified or sourced from a different manufacturer or supplier, a new COA and SDS shall be submitted to EMWD along with a written notification at least thirty (30) days in advance. Authorization and written approval from EMWD is required prior to delivery of the altered or substituted product.

2.9 SPILLAGE

2.9.1 The Supplier shall provide a copy of its Spill Prevention and Response Plan (“Spill

Plan”) with the Injury and Illness Prevention Program Manual upon EMWD’s request. A copy of the Spill Plan shall also be maintained with the delivery driver, and all drivers and personnel performing offload duties shall be trained accordingly.

2.9.2 All discharge connections and hose ends shall be plugged, capped, blind-flanged, or otherwise contained to prevent spillage. The Supplier shall be responsible for any spills caused by the failure of its delivery equipment, subcontractor equipment, or delivery personnel to perform duties in accordance with standard company safety practices and procedures. Proper performance requires delivery personnel to continuously inspect and monitor unloading operations and to respond promptly and knowledgeably to any problems or emergencies that may occur.

2.9.3 EMWD reserves the right to reject deliveries made with poorly maintained equipment. The Supplier shall oversee the entire filling operation at each EMWD water treatment plant and immediately report any spills to the on-duty Plant Operator.

2.9.4 The Supplier shall, at no cost to EMWD, immediately clean up, contain, dispose of, and restore any area affected by a spill to its original condition, in compliance with all applicable laws and regulations. If the Supplier fails to clean up a spill, EMWD will hire a certified hazardous materials contractor to complete the cleanup. All costs incurred, including any fines or penalties imposed by regulatory agencies shall be charged to the Supplier.

2.9.5 Chemicals shall remain in the Supplier’s possession until accepted by EMWD and must be delivered in accordance with all applicable U.S. Department of Transportation (DOT) regulations. Any EMWD property damaged by the Supplier, its employees, or subcontractors shall be repaired or replaced by the Supplier at no cost to EMWD.

2.10 INVOICE

Invoices shall reference a valid Supplier Contract Number and Requisition Number, location/address of delivery, description of product, quantity delivered, and price in effect at the time of the order.

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 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.

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 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 Supplier(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 RFP 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 RFP 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 Supplier(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 RFP 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 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.

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 Supplier(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 Supplier(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 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

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…