7-RFP-3888 As-Needed Asphalt Maintenance and Repairs.pdf

REQUEST FOR PROPOSAL #3888

ASPHALT REPAIR SERVICES AT EMWD FACILITIES

REQUEST FOR PROPOSAL (RFP) ISSUED: 10/24/2025

MANDATORY PRE-PROPOSAL CONFERENCE: 8:00 AM, 11/4/2025

MANDATORY PRE-PROPOSAL CONFERENCE: 8:00 AM, 11/5/2025

MANDATORY PRE-PROPOSAL CONFERENCE: 8:00 AM, 11/6/2025

DEADLINE FOR SUBMITTAL OF QUESTIONS: 2:00 PM, 11/12/2025

ELECTRONIC PROPOSAL DUE BY: 11:00 AM, 11/25/2025

ATTENTION ALL PROPOSERS

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

Buyer: James Olivas, Senior Buyer Phone: (951) 928-3777, ext. 4531 Email: olivasj@emwd.org

KEY DATES

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Table of Contents

1. PROJECT INTRODUCTION AND OVERVIEW

2. SCOPE OF WORK

3. KEY DATES, SUBMITTAL INFORMATION AND INSTRUCTIONS

4. EVALUATION OF PROPOSALS

5. AWARD PROCESS

6. TERMS AND CONDITIONS

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

8. INJURY & ILLNESS PREVENTION PROGRAM (IIPP)

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

REQUIRED SUBMITTALS

RFP Price Form

Proposer’s Business Information

Business References

List of Subcontractors

Additions, Deletions and/or Exceptions

Qualifications and Experience

Process to Complete Work

Insurance Affidavit

Contractor’s CAL/OSHA Compliance History

CARB Mobile Form

Submittal Check-off List

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EASTERN MUNICIPAL WATER DISTRICT

RFP #3888

ASPHALT REPAIR SERVICES AT EMWD FACILITIES

1. PROJECT INTRODUCTION AND OVERVIEW

1.1 PURPOSE OF REQUEST FOR PROPOSAL

The purpose of this Request for Proposal (RFP) is to solicit proposals, through a competitive process, for asphalt repair services of 16 sites owned by Eastern Municipal Water District (EMWD) facilities.

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

1.2 GENERAL OVERVIEW – EMWD

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

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

Fallbrook Public Utility District; Rainbow Municipal Water District, Nuevo Water Company; and Rancho California Water District. EMWD operates four regional 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

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

1.4 LICENSE REQUIREMENTS:

Contractor’s C-12 Earthwork and Paving License is required.

1.5 BONDS:

Payment and Performance Bonds may be required.

1.6 PREVAILING WAGES:

Payment of prevailing wage is required.

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2. SCOPE OF WORK

2.1 BACKGROUND

EMWD has identified 16 facilities that require asphalt rehabilitation. Services to be performed under this agreement include, but are not limited to, the removal and replacement of asphalt, grinding, saw cutting, application of slurry and sealants, and line striping.

EMWD reserves the right to award multiple contractors.

2.2 DESCRIPTION OF SERVICES

A. Awarded Contractor(s) shall furnish all labor, tools & equipment, materials, supervision, work signs, and traffic control equipment.

B. All work shall conform to the Specifications Detailed Provisions Section 02513 Asphalt Concrete Paving locate at .

C. All asphalt concrete work performed shall conform to the requirements of Caltrans Standard Specifications, Section 39 – Asphalt Concrete, latest edition and applicable city requirements.

D. Contractor(s) is/are required to address deficiencies noted by EMWD personnel within the time specified by said personnel.

E. Some facilities may require access for EMWD employees and contractors.

Contractor shall be required to provide the necessary barricades, signs, and cones for traffic control.

2.3 TECHNICAL/SPECIFICATIONS

A. Materials — Contractor(s) shall use material that is free from residues resulting from the artificial distillation of coal, coal tar, or paraffin. All materials shall be free of water and homogeneous for each asphalt job.

B. Asphalt Overlay (Machine Method) — Contractor(s) shall place a two-inch (±) overlay of AR-4000/AR-8000 asphalt over either an existing asphalt leveling course or an SC-800 patch. This method applies to areas larger than 100 square feet. A tack coat is required. Payment shall be by the square foot of pavement placed. If an existing temporary patch is too high, the Contractor shall either scrape it down or saw cut and remove it prior to performing the overlay

C. Saw Cut Existing Asphalt — Where required, pavement patch edges shall be saw-cut at right angles..

D. Slurry Seal Single Coat — Single-coat slurry seal shall be GuardTop (Industrial Asphalt) or an approved equal. It shall be applied as a 15% water mix at 20 gallons per 1,000 square feet.

E. Preparation / Oil and Crack Sealer for Single Coat — Contractor(s) shall first remove, clean, and scrape any accumulation of oil and foreign matter from asphalt prior to slurry seal application. The oil seal and crack filler shall conform to Sections 37-1 and 37-2 of the Caltrans Standard Specifications (2024 edition). The oil seal and crack filler shall be GuardTop (Industrial Asphalt), or equal, and shall be applied cold.

F. Payment for Single Coat — Payment for oil seal and crack filler shall be included in

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the unit price for the slurry seal single coat. Payment shall be per square foot of area completed.

G. Slurry Seal Double Coat — Double-coat slurry seal shall be GuardTop (Industrial Asphalt) or an approved equal. It shall be applied with a 15% water mix at 30 gallons per 1,000 square feet.

H. Preparation / Oil and Crack Sealer for Double Coat — Contractor(s) shall remove, clean, and scrape any accumulation of oil and foreign matter from asphalt prior to slurry seal application. The oil seal and crack filler shall conform to Sections 37-1 and 37-2 of the Caltrans Standard Specifications (2006 edition). The oil seal and crack filler shall be GuardTop (Industrial Asphalt), or equal, and shall be applied cold.

I. Payment for Double Coat — Payment for oil seal and crack filler shall be included in the unit price for the slurry seal double coat. Payment shall be per square foot of area completed.

J. Cold Planing — Contractor(s) shall grind (mill) the asphalt down with a tractor-mounted grinder when overlaying the entire area, as instructed by designated EMWD staff.

K. Asphalt Berm – Asphalt berm shall be placed in accordance with County of Riverside Standard Drawing No. 212.

L. Striping — Traffic striping and marking paint shall meet the requirements of Standard Specifications for Public Works Construction, 2024 edition, Section 210-1.6.

Payment shall be per linear foot of striping completed.

M. Patch Grinding — Patch grinding shall include grinding out beyond the existing patch by one foot, when requested by EMWD.

2.4 FACILITY LOCATIONS AND DESCRIPTION OF WORK

Facility locations maybe removed at the discretion of EMWD.

Site Name Address Description of

Work Sq Ft of work

Required

Auld Road Booster

30980 Auld Rd.

Murrieta, 92596

Crack Seal and Seal Coat

12,000ft² Crack Seal 12,000ft² Seal Coat

Pat Road Booster 30940 Pat Rd.

Murrieta, 92563

Crack Seal and Seal Coat

2,200ft² Crack Seal 2,200ft² Seal Coat

Hidden Springs Booster

22571 Greenridge Dr.

Moreno Valley, 92557

Crack Seal and Seal Coat

1,900ft² Crack Seal 3,000ft² Seal Coat

Goetz Road. Booster 102 Goetz Rd. Perris, 92570

Crack Seal 4,500ft² Crack Seal

Craig Ave Booster 28187 Craig Ave.

Menifee, 92584

Crack Seal 1,400ft² Crack Seal

Antelope Road Booster

29008 Mesa Crest Way, Sun City, 92584

Crack Seal 9,000ft² Crack Seal

Scott Road Booster 30245 Scott Rd.

Menifee, 92584

Crack Seal and Seal Coat

8,500ft² Crack Seal 15,000 ft² Seal Coat

Leon Road Recycled Booster

35590 Leon Rd.

Murrieta, 92563

Crack Seal 5,300ft² Crack Seal

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Palomar Booster 21422 Palomar Rd.

Wildomar, 92595

Crack Seal 4,500ft² Crack Seal

Perris Filtration 19750 Old Evens Rd.

Perris, 92572

Full Asphalt Removal and

Replace, Mill & Cap Min 1½”, Crack Seal, Seal Coat

500ft² Full removal and Replace, 10,000ft² Mill and Cap min 1½, 10,000ft² Crack Seal 20,000ft² Seal Coat

Hemet Filtration 1283 Kirby St, Hemet, 92543

Mill & Cap Min 1½”, Crack Seal, Seal Coat

500ft² Mill & Cap Min 1½”, 13,000ft² Crack Seal, 13,000ft² Seal Coat

El Centro Lift 28187 Craig Ave.

Menifee, 92584

Crack Seal 3,200ft² Crack Seal

Lukens Lane Lift Station

22985 Lukens Ln.

Perris, 92570

Crack Seal 16,000 ft²

Menifee Desalter 29541 Murrieta Rd.

Menifee 92586

Full Asphalt Remove & Repair, Mill & Cap Min 1½”

500ft² Full Asphalt remove & replace, 15,000ft² Mill & Cap Min 1½”

Park Hill Tank 1484 Park Ave, San Jacinto, 92583

Crack Seal and Seal Coat

12,000ft² Crack Seal, 8,000ft² Seal Coat

2.5 PROJECT SCHEDULE

All work must be completed by June 30, 2026.

2.6 SAFETY REQUIREMENTS

Contractor(s) shall comply with all applicable federal, state, and local safety regulations, including Cal/OSHA, OSHA, and EMWD requirements. Additional safety measures specific to this project include:

A. General Safety — Contractor(s) shall implement a site-specific Safety Plan. All workers shall wear appropriate PPE, including high-visibility vests, hard hats, steel-toed boots, gloves, and eye and hearing protection. Safety Data Sheets (SDS) for all materials shall be kept on-site. See Section 7 for further General Safey requirements.

B. Equipment Safety — All equipment shall be inspected daily and maintained in safe working order. Backup alarms and safety lights must be functional.

Operators shall be properly licensed and trained.

2.7 WORKING HOURS

Working hours are 7:00 a.m. to 4:00 p.m., Monday through Friday. Any work provided outside the stated working hours shall require prior approval from the EMWD’s designated representative.

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2.8 EMWD RESPONSIBILITIES

Access to EMWD facilities shall be coordinated through EMWD’s Field Services Supervisor or his designee. EMWD shall provide access to water from the closet possible source.

2.9 REPORTING PROCEDURES

Contractor(s) shall submit a weekly report to the Field Services Supervisor or designee by 8:00 a.m. each Wednesday.

At a minimum, the report shall include:

• Date of Work Order Receipt

• Anticipated Completion Date or Actual Completion Date

• Status — Pending or Complete

2.10 FINAL REQUIREMENTS BEFORE SIGN OFF

EMWD will conduct a final inspection. Final acceptance and sign-off will be granted once all deficiencies are corrected and all documentation for material used on site is received.

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3. KEY DATES, SUBMITTAL INFORMATION AND INSTRUCTIONS

3.1 PROJECT SPECIFIC DATES

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

Description Date

Release of RFP to Contractors 10/24/2025

Mandatory Pre-Bid Meeting (see 3.2) 8:00 AM, 11/4/2025

Mandatory Pre-Bid Meeting (see 3.2) 8:00 AM, 11/5/2025

Mandatory Pre-Bid Meeting (see 3.2) 8:00 AM 11/6/2025

Deadline for Submittal of Questions Regarding

RFP (see 3.3)

2:00 PM, 11/12/2025

Response to Questions Submitted 11/17/2025

Proposal Due Date 11:00 AM, 11/24/2025

Proposal Review 12/4/2025

Contractor Recommendation 12/9/2025

Approximate start date 12/22/2025

3.2 MANDATORY SITE VISIT

Due to the number of facilities to be visited, the job walk will be conducted over three

(3) consecutive days. Attendance on all three days is mandatory.

The site visits will be held as follows:

• Tuesday, November 4, 2025, at 8:00 AM

• Wednesday, November 5, 2025, at 8:00 AM

• Thursday, November 6, 2025, at 8:00 AM

Proposers shall meet at the Eastern Municipal Water District (EMWD) Operations and Maintenance Center, Vendor Entrance Lobby (Building B), located at:

2270 Trumble Road, Perris, CA 92570

Please be advised that some sites may be active construction zones. Proposers are required to bring and wear their own Personal Protective Equipment (PPE), including:

• Hard hat

• Safety vest

• Gloves

• Steel-toe boots

Failure to attend all three (3) days of the job walk will result in disqualification, and your proposal will be deemed non-responsive.

Please contact James Olivas at olivasj@emwd.org or 951-928-3777 extension 4531 to RSVP for the job walk.

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3.3 QUESTION SUBMITTAL

All general inquiries shall be directed to James Olivas in the Purchasing and Contracts Department at (951) 928-3777, ext. 4531. To be given consideration, all technical inquiries regarding this RFP shall be submitted on the EMWD e-Procurement website, under Questions and Answers (Q & A) tab, by the deadline as specified in section 3.1.

3.4 PROPOSAL SUBMITTAL INFORMATION

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

Mistakes may be crossed out and corrections made adjacent, however, each correction must be initialed by the person signing the proposal.

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

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

Note: Proposals are sealed and cannot be viewed by EMWD until the closing date and time. Proposals may be withdrawn on the EMWD e-Procurement website, if you need to withdraw your bid, you may do so any time before the bid deadline, by going back into the system and selecting “withdraw”.

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

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

3.5 ADDENDUM

Any additions, deletions, changes, clarifications, or supplemental information regarding the RFP will be sent to all prospective Proposers prior to the date fixed for the receipt of proposals. All addenda so issued shall become part of the contract documents. Any changes to this RFP are invalid unless specifically modified by EMWD and issued as a separate addenda document. Should there be any questions as to changes to the content of this document; EMWD’s copy shall prevail.

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3.6 PREPARATION COSTS

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

3.7 DISCLOSURE

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

3.8 SUBCONTRACTORS

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

3.9 CONTRACT TERMS AND CONDITIONS

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

3.10 ADDITIONS/DELETIONS AND/OR EXCEPTIONS

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

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

3.11 RIGHT OF REJECTION

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

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3.12 SELECTION CRITERIA

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

A. Price and Payment Terms

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

B. Qualifications and Experience

Discuss your company’s experience – include professional history and relevant experience demonstrating the working knowledge of performing the services requested in this RFP or similar projects, Qualifications and Experience Form, including:

• Contractor shall have a minimum of (5) years demonstrated experience by the references provided in References Forms

• Valid C-12 Earthwork and Paving Contractors license

• Experience working with public agencies

• Personnel assigned to perform the work shall have a minimum of (2) years of recent field experience in asphalt repair services as they relate to the scope of work. At time of submittal, provide resumes of potential personnel assigned to perform the work

• Provide licenses or certificates of company and personnel

• At time of submittal, provide resumes of potential personnel assigned to perform the work

• Technical capabilities and commitment to quality

C. Performance History Contractor(s) must have a minimum of five (5) years of demonstrated experience, as verified by the references submitted in the Business References Form.

Preference will be given to contractors with a proven track record of providing similar services to public agencies. Provide at minimum three references, a summary of projects completed, contact name, phone, and email address.

D. Exceptions Taken to RFP

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

E. Safety Record

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Contractor shall complete the Contractor’s CAL/OSHA Compliance History Form.

F. Process to Complete Work

Contractor shall complete the Process to Complete Work Form with a clear and detailed description of the methods and procedures that will be used to fulfill the scope of work outlined in this RFP. The description should demonstrate the Contractor’s ability to effectively manage and execute asphalt repair services and shall include the following:

• Approach to scheduling and project coordination

• Dispatching procedures

• Use of subcontractors (if applicable)

• Methods used to ensure efficient labor distribution

• Safety protocols and on-site safety measures

• Process for identifying and addressing unforeseen issues or site conditions

The Contractor’s response should demonstrate a clear understanding of project requirements, operational readiness, and a commitment to safety, quality, and efficiency.

G. Insurance Affidavit

Contractor shall acknowledge having reviewed Section 9, Insurance Requirements (Rev. 06/25) in full, with a commitment providing all required insurance policies, including specific coverage limits, complete endorsements, and waiver of subrogation, for the entire duration of the agreement as outlined in the Request for Proposal. Insurance Affidavit Form.

H. CARB Compliance Acknowledgement

Contractor shall acknowledge and sign all three (3) CARB Compliance Acknowledgement Forms.

3.13 NO OBLIGATION

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

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4. EVALUATION OF PROPOSALS

4.1 EMWD RIGHTS

EMWD may make such investigations as it deems necessary to determine the ability of the Proposer to provide the service as specified, and the Proposer shall furnish to EMWD, as is commercially reasonable, all such information and data for this purpose.

EMWD may discuss or negotiate with one or more proposers prior to award and reserves the right to reject any proposal.

4.2 EVALUATION PROCESS

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

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

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

C. Following the evaluation of the submitted Proposal, a short list of the most qualified contractors may be developed based on the criteria outlined in Section 3.12. EMWD may elect to have the short list of contractors give oral presentations. Short-listed contractors must be prepared to give their presentation within five (5) business days of EMWD’s request. The evaluation panel may ask questions about Contractor’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 contractors to submit a best and final offer for further evaluation.

4.3 BEST AND FINAL OFFERS

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

4.4 SELECTION OF FINALIST

Negotiations regarding agreement terms, conditions, scope of work, and pricing may or may not be conducted with Contractor. Therefore, the Contractor submitted should contain the Contractor’s most favorable terms and conditions, since the selection and award may be made without discussion with any contractor. If EMWD engages the Contractor in negotiations and satisfactory agreement provisions cannot be reached, then negotiations may be terminated. EMWD may elect to contact another contractor that submitted a proposal. This sequence may continue until an agreement is reached.

4.5 FINALIZE CONTRACTUAL AGREEMENTS

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

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

4.6 DISCLOSURE OF PROPOSAL CONTENTS

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

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5. AWARD PROCESS

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

5.2 IIPP AND INSURANCE REQUIREMENTS

Contractor shall secure and provide their Injury & Illness Prevention Program (IIPP) and Certificate of Insurance (including endorsements and waivers) with the types and amounts of Insurance set forth in Sections 8 (Injury & Illness Prevention Program) and 9 (Insurance Requirements – Rev. 06/2025) of the RFP within fourteen (14) calendar days of EMWD’s notification of recommendation of award. If the successful Contractor is unable to secure the required insurance, EMWD reserves the right to revoke the award and award the agreement to the next highest ranked Contractor, to negotiate with any Contractor regarding the services that are the subject of this RFP, or to take any other action that is in the best interest of EMWD. Contractors are not required to provide proof of Insurance and IIPP with their proposals.

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

5.4 EXECUTION OF THE AGREEMENT

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

5.5 FAILURE TO EXECUTE THE AGREEMENT

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

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6. TERMS AND CONDITIONS

6.1 ENGAGEMENT OF CONTRACTOR

Contractor agrees to furnish and install the goods and/or services as stipulated herein, in accordance with the terms and conditions contained herein. Contractor will supply all labor, tools, equipment, materials, and expertise required to complete the work in a timely and workmanlike manner consistent with industry standards. Contractor 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, District and federal laws, rules and regulations in effect at the time the services are provided.

6.2 TIME PERIOD

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

6.3 OTHER AGREEMENTS OR UNDERSTANDINGS

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

6.4 PAYMENT FOR SERVICES/PRODUCT

EMWD will remit payment following receipt of invoice after internal validation and acceptance. If an invoice is in error, EMWD will pay the accurate amount of the invoice, or the invoice will be returned to the Contractor 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 Contractor. Payment is deemed to be made on the date of mailing of the check.

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

apuser@emwd.org or mail to :

Eastern Municipal Water District Attn: Finance Department

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

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6.5 RIGHT TO WITHHOLD PAYMENT

EMWD may withhold or nullify the entire payment, or a portion of any payment due to Contractor 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 Contractor 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 Contractor to maintain all records as required; submitting progress schedules, and any other such items as may be required herein.

6.6 CHANGE ORDERS

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

6.7 ASSIGNMENT, SUBCONTRACTING, OR INSOLVENCY

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

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

C. No other Subcontractor other than those listed on the List of Subcontractors Form 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

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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 Contractor 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 Contractor’s property or business, EMWD may, at its option, cancel this contract.

6.8 STATUS OF CONTRACTOR

Contractor 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 Contractor will be employees of the Contractor and Contractor 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 Contractor nor any of his/her employees or agents shall have any claim under this contract or otherwise against EMWD for vacation pay, paid sick leave, retirement benefits, social security, workers compensation, health, disability, unemployment insurance benefits or other employee benefits of any kind.

6.9 LICENSING AND PERMITS

Contractor shall be licensed, as required, in accordance with the laws of this state.

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

6.10 WARRANTY

A. Contractor 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, Contractor 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). Contractor shall re-perform the Services and

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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.

6.11 CONTRACTOR’S RESPONSIBILITIES

A. EMPLOYEES

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

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

2. Conduct: Contractor shall not allow any person(s) under the influence of alcohol or drugs on EMWD’s property. Neither shall the Contractor allow the use or presence of alcohol or drugs on EMWD’s property. Any employee or Subcontractor or Contractor 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: Contractor 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. Contractor Representatives: EMWD reserves the right to require a change in

Contractor 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 Contractor 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

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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.

Contractor 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: Contractor shall have an ongoing training program for its entire staff.

Contractor 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: Contractor 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 Contractor 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”, Contractor shall promptly, but within no more than 72 hours, notify EMWD. Contractor 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. Contractor shall also require its third-party Vendors, subconsultants, and Subcontractors to comply with this clause

B. RECORDS

Contractor 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 Contractor 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.

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

6.12 NON-DISCRIMINATION IN EMPLOYMENT

Contractor 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. Contractor agrees upon request to provide EMWD with Certificate of Submission of Current Compliance Report or Compliance Report Notification.

6.13 PAYMENT OF CONTRACTORS

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

6.14 NON-PERFORMANCE OF DUTIES

Should EMWD find the Contractor in default by not performing duties as per requirements, EMWD will immediately notify the Contractor’s representative verbally. If corrections are not made within five (5) working days of verbal notice, EMWD will then notify Contractor in writing of non-performance. If corrections are not made within five (5) working days of written notice, EMWD may terminate the contract with cause.

6.15 TERMINATION

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

A. With Cause In the event of any breach by the Contractor 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 Contractor. 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 Contractor. In the event of such termination, EMWD’s only

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obligation to Contractor 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, Contractor shall have the right to request a hearing in which it shall have the opportunity to address the reasons for the termination. Said request shall be in writing and submitted within five (5) days of issuance of the Notice of Termination. The Senior Director of Administrative Services or his or her designee shall be the hearing officer. The hearing shall be held within 30 days of a written request for same.

6.16 HOLD HARMLESS AND INDEMNIFICATION

EMWD, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines or any damage to property, whether real or personal, nor for any personal injuries or death caused by, or resulting from, or claimed to have been caused by or resulting from, any act or omission of Contractor. Contractor 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 Contractor’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.

6.17 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, unanticipated labor dispute or walkout, freight embargos, commandeering of materials, products, plants or facilities through acts of government agencies, and other unforeseen circumstances beyond the nonperforming party’s control if satisfactory evidence thereof is presented to the other party establishing the facts of the circumstances and that nonperformance is not due to the fault or neglect of the nonperforming party.

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

6.18 SEVERABILITY

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

6.19 GOVERNING LAW AND VENUE

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

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

6.20 WORK PRODUCT

All original papers, maps, models, designs, studies, surveys, reports, data, notes, computer files, documents, drawings and other work product (collectively “Work Product”) of Contractor created by Contractor pursuant to this contract, except documents which are required to be filed with public agencies, shall be deemed solely the property of EMWD.

Contractor will take such steps as are necessary to perfect or protect the ownership interest of EMWD in such Work Product. Contractor hereby assigns and transfers to EMWD all right, title and interest in all copyrights, patents, trademarks, trade secrets and other proprietary rights (“Intellectual Property”) in the Work Product that Contractor develops for EMWD under this Contract. Upon completion, expiration or termination of this contract, Contractor shall turn over to EMWD, in EMWD’s preferred format, all such original Work Product in Contractor’s possession or control.

6.21 PATENT FEES AND ROYALTIES

Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the work or the incorporation in the work of any invention, design, process, product, or device which is the subject of patent right or copyrights held by others.

Contractor shall…