RFB No. 26-10 Intermediate Polymer Tank.docx

Clay Clifford Water Treatment Plant Manager 3440 E. Valley Pkwy, Escondido, CA 92027 Phone: 760-839-5460

NOTICE OF REQUEST FOR BIDS

October 30, 2025

Re: Notice of Request for Bids (“RFB”) No. 26-10 – Intermediate Polymer Tank

Notice is hereby given that the City of Escondido, a California municipal corporation (“City”), is soliciting bids from qualified contractors to provide the design, engineering, manufacture, and delivery of one ASME RTP-1 certified fiber-reinforced polymer tank for the City’s Escondido- Vista Water Treatment Plant (“WTP”).

Prospective contractors must submit one bid to Clay Clifford no later than November 18, 2025 (“Submission Deadline”). Any bids received after the Submission Deadline will not be accepted.

Questions or comments concerning this RFB may be submitted via e-mail to Clay Clifford at Clay.Clifford@escondido.gov no later than November 10, 2025 (“Questionable Deadline”). Any questions or comments regarding this RFB received after the Questions Deadline will be disregarded. Emails concerning this RFB should state the following in the subject line: “RFB No. 26-10 – Intermediate Polymer Tank.” Any communication regarding or relating to this RFB prior the Submission Deadline with any City employee or official other than Clay Clifford is strictly prohibited.

Each bid shall be in accordance with specifications, instructions, and information contained in this RFB. The City reserves the right to reject any or all bids for any reason it deems necessary, to waive defects or irregularities in any bid, and to accept the bid deemed the most advantageous to the City. This RFB does not commit the City to award a contract or to pay any costs incurred in the preparation of a response to this request.

Sincerely, Clay Clifford Water Treatment Plant Manager City of Escondido

A. General

The contractor awarded the contract (“Contractor”) will provide the City with the design, engineering, manufacture, and delivery of one ASME RTP-1 certified fiber-reinforced polymer tank (“Tank”). Acceptance by the City of the bid, proposal, or quote and the issuance of a purchase order to the successful bidder within the time specified shall be deemed to result in a binding contract without further action required by either party. Items are to be furnished as described in the bid submitted in response to this RFB and in strict conformity with all instruction, conditions, and specifications, contained in the complete contract.

B. Project Description

The WTP is a 75 MGD conventional water treatment facility. Its treatment processes consist of flocculation, coagulation, sedimentation, filtration and disinfection. This facility runs 24 hours a day and provides water to most of the City of Escondido and the City of Vista. The plant utilizes bulk fiberglass tanks for its chemical storage. The Tank will be used for the storage of 0.8% bleach (1120) (“Intermediate Tank”), according to the specifications attached as Exhibit 1 and incorporated herein by this reference.

C. Scope of Services and Deliverables

The Tank design, engineering, and manufacturing requirements:

1. ASME RTP-1 certified manufacturer;

2. ASME RTP-1 manufacturing and stamp;

3. ASME RTP-1 certification;

4. Five-year warranty with all repairs covered by Contractor;

5. Ability to receive bleach at a temperature of 130° Fahrenheit; and

6. Any repairs will need to ensure Tanks retain ASME RTP-1 certification.

Delivery and Repair requirements:

1. Contractor shall be liable for Tanks until they have been delivered to the WTP and City staff have inspected and accepted the Tanks;

2. If a tank is damaged during transportation and delivery and rejected by the City, any associated costs incurred shall be the responsibility of the Contractor;

3. Delivery of the Tank shall take place at the WTP at 3440 E. Valley Parkway, Escondido, CA 92027, Monday – Thursday, between the 7 a.m. and 3 p.m.;

4. City requires four weeks’ notice to allow for Tank site preparation;

5. City staff will coordinate offloading of the Tank; and

6. Any repairs to the Tank must ensure ASME RTP-1 certification.

D. Right to Submitted Material

This RFB does not commit the City of Escondido to award a contract, to pay any costs incurred in the preparation of a bid or contract, or to procure or contract for, any services. The City reserves the right to accept or reject any or all bids received as a result of this RFB, or to amend, cancel (in part or in whole) this RFB if it is in the City’s best interest to do so. All bids, reports and data submitted to the City shall become the property of the City of Escondido and may not be returned.

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E. Bid Deadlines and Schedule

The following is an estimated schedule relating to the Project:

Note: The City reserves the right to make modifications to the estimated schedule outlined above.

F. Bid Content

Prospective contractors are responsible for preparing and timely submitting an effective, clear, and concise bid. Each bid shall demonstrate the qualifications, competence, and capacity of the prospective contractor to perform the services described within the timeframe in the table above, and in conformity with the requirements of this RFB.

BY SUBMITTING A BID IN RESPONSE TO THIS RFB, PROSPECTIVE CONTRACTORS CERTIFY THAT THEY TAKE NO EXCEPTIONS TO THE TERMS AND REQUIREMENTS OF THIS RFB, INCLUDING THE CITY’S STANDARD PURCHASE ORDER CONTRACT FORM AND THE CITY’S STANDARD PURCHASE ORDER TERMS AND CONDITIONS ATTACHED TO THIS RFB AS EXHIBIT 2 AND INCORPORATED BY THIS REFERENCE.

To be considered responsive, bids must contain the following information in the order listed:

1. Total Not-to-Exceed Fee for Project which shall itemize the manufacturing costs, taxes, freight, tariff charges, and any incidental costs and reimbursable costs.

2. Schedule for completion of all work meeting the City’s deadlines above.

G. Selection Process

Proposals will be analyzed and the award made to the most responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City.

The City will act as the sole judge of the merit and qualifications of the materials and services offered and accept whatever bid is deemed to be in the best interest of the City. The award of the purchase order contract will be all or nothing to one bidder. The City reserves the right to:

1. Reject any or all bids;

2. Request clarification of any submitted information;

3. Waive any informalities or irregularities in any bid;

4. Not enter into any contract;

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5. Cancel this process at any time;

6. Amend this process at any time;

7. Enter into negotiations with one or more contractors; and/or

8. Issue similar solicitations in the future; or request additional information from prospective contractors.

H. General Conditions

PLEASE READ CAREFULLY. THE FOLLOWING GENERAL TERMS AND CONDITIONS ARE A PART OF ALL PROPOSALS SUBMITTED IN RESPONSE TO THIS RFB AND THE RESULTING CONTRACT.

This RFB as advertised, the specification requirements detailed in this RFB (including the following General Provisions) are subject to all provisions of the Ordinances of the City of Escondido. Each prospective contractor submitting a response to this RFB warrants that the submitted proposal is genuine and non-collusive, or made in the interest of any person, firm, company, or corporation. A non-collusion declaration shall be properly completed and returned with the bid documents. The non-collusion declaration form is attached to this RFB as Exhibit 3 and incorporated by this reference.

In submitting a proposal in response to this RFB, each prospective contractor agrees to the following general terms and conditions:

1. Public Information: The City reserves the right to retain all bids submitted and to use any ideas in a bid regardless of whether that bid is selected. Submission of a bid in response to this RFB indicates the prospective contractor’s acceptance of all terms and conditions contained in this RFB, including all exhibits and attachments hereto, unless clearly and specifically stated otherwise.

2. Confidential Information: Any information deemed confidential or proprietary should be clearly identified by the prospective contractor as such. Information identified as confidential or proprietary will be protected and treated with confidentiality to the extent permitted by applicable local, state, and federal law.

3. Addendums: The City reserves the right to amend, alter, or revoke this RFB at any time. Any modifications, clarification, or additions will be distributed via email as an addendum.

4. Proposal Preparation Cost: The City is not obligated to reimburse any prospective contractor for expenses incurred in preparing bids in response to this RFB. All Prospective contractors shall bear their own costs, fees, and expenses incurred in preparing bids in response to this RFB.

5. Withdrawal of Bid: A prospective contractor may modify or withdraw their bid, either personally or by written request via email, at any time prior to the Submission Deadline. Such requests should be directed to the City’s Water Treatment Plant Manager.

6. Inaccuracies or Misinterpretations: Subject to the City’s sole discretion, the City may terminate a prospective contractor from the RFB process or terminate any agreement with the Prospective contractor if the City determines that said Prospective contractor has: (i)

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- 4 -made a material misstatement, (ii) made a material misrepresentation, or (iii) provided materially inaccurate information.

7. Optional Items: Prospective contractors may elect to provide recommendations and pricing for optional items. Pricing for optional items shall not be included in the minimum requirements pricing.

8. Signature: All bids shall be signed in the name of the prospective contractor and shall bear the original signature in longhand of the persons duly authorized to sign the bid. Obligations assumed by such signature shall be fulfilled.

9. Right to Reject Bid: The City reserves the right to reject any or all bids, to waive any non- material irregularities or information in any bid, and to accept or reject any items or combination of items. The City is not obligated to explain or justify its selection or rejection of any Prospective contractor. All bids submitted in response to this RFB shall immediately become property of the City.

10. Right to Conduct Personal Interviews: The City reserves the right to conduct personal interviews or require oral presentations of any or all prospective contractors prior to selection.

11. Right to Request Additional Information: Prospective contractors shall furnish additional information as the City may reasonably require. The City reserves the right to investigate the qualifications of prospective contractors as it deems appropriate.

12. Understanding the Services to be Performed: By submitting a proposal in response to this RFB, each prospective contractor certifies that they have fully read and understand this RFB and have full knowledge of the scope, nature, quantity, and quality of services to be performed.

13. Award of Contract: Bids submitted in response to this RFB will be analyzed and the contract awarded to the responsible prospective contractor whose bid conforms to this RFB and is considered to be the most advantageous to the City, taking into consideration not just the proposal price, but also the bid content criteria set forth in this RFP.

14. City Provisions to Prevail: The terms of this RFB and the terms of any purchase order agreement resulting from this RFB shall govern the services. Any standard terms and conditions of the successful contractor shall not be acceptable to the City unless expressly agreed to by the City by separate document. The City reserves the right to reject a bid containing unacceptable conditions as non-responsive as a condition of evaluation or award of the bid.

15. Equal Employment Opportunity: The contractor awarded the project shall comply with all equal employment opportunity provisions of federal, state, and local non-discrimination laws, orders, regulations and guidelines as may be applicable to the contractor and be in effect during the performance of any agreement resulting from this RFB.

16. Prospective Contractor’s Invoices: Invoices shall be prepared and submitted to the WTP

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ATTN: Clay Clifford, 3440 E. Valley Parkway, Escondido, CA 92027 or via email to WTPAdministration@escondido.gov. Invoices shall contain the following information: Purchase Order number, itemized description of services rendered, rates, quantities, extended totals, and remaining balances. Invoices should include all applicable sales or other taxes, and shall be remitted to appropriate agencies on the City’s behalf. All payments made pursuant to this contract are not assignable and shall only be made payable to the seller.

17. Payment Terms: The City’s payment terms are Net 30 days from date of invoice. No pre- payment or partial up front down payment will be made for any services or equipment. The time period allowed for payment, as indicated on the face hereof or offered by quote, bid, or proposal shall commence upon receipt of Prospective contractor’s invoice or upon receipt of the goods or services, whichever is later.

18. Public Agency Clause: It is intended that other public agencies (e.g., city districts, public authorities, municipal utilities, public school districts and other political subdivisions or public corporations of California) shall have the option to participate in any award made as a result of this solicitation. The City shall incur no financial responsibility for their order placement and payments to the successful contractor. This option shall not be considered in proposal evaluation. State whether said option is granted:

YES NO

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EXHIBIT 1

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1. CONTRACT

EXHIBIT 2

Standard Purchase Order Terms and Conditions

Upon acceptance of this purchase order, seller agrees to these terms and conditions. The City of Escondido shall not be bound by this order until the seller delivers any of the items or renders any of the services ordered. No contract shall exist except as hereinabove provided. No agreement or understanding to modify this contract shall be binding upon the City of Escondido unless agreed to in writing by the City of Escondido's authorized representative. This contract shall be construed under the laws of the State of California. The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision.

2. CHANGES

The City of Escondido reserves the right at any time to make changes in the specifications, samples or other descriptions to which items ordered are to conform. In such an event an equitable adjustment will be made in price and/or performance that is mutually satisfactory. Changes shall not be binding upon the City of Escondido unless evidenced by a purchase order change.

3. SPECIFICATIONS AND INSPECTIONS

All specifications, drawings and other data submitted herewith are hereby incorporated herein and made a part hereof. All items shall be subject to inspection at all times and places including the period of manufacture. The City of Escondido reserves the right to reject which do not conform to specifications, drawings or other data. If rejected after delivery, items will be returned to seller at seller's risk and expense. Payment for any item or service shall not be deemed acceptance thereof.

4. EXTRAS

No charges will be allowed for taxes, transportation, packaging, packing or returnable containers or pallets unless otherwise agreed. Any tax to be paid by the City of Escondido must be itemized hereon and on invoices. Shipment must be packaged so as to permit efficient handling and provide adequate protection. Damage resulting from improper packaging will be charged to the seller.

5. DELIVERY

If delivery of items or rendering of services is not accomplished at the time or times indicated in this order or promised by seller, the City of Escondido reserves the right, without liability, and in addition to its other rights and remedies to terminate this order by notice effective immediately upon receipt by the seller or as otherwise stated hereon. The City of Escondido reserves the right without liability to purchase goods and services for those not delivered and to charge the seller with any loss incurred. No provision of this order for the delivery or rendering of goods and services in installments shall be construed as making the seller's obligations severable. Shipments sent C.O.D. without the City of Escondido's express written consent will not be accepted and will be at seller's risk. Notwithstanding the foregoing, neither party shall be liable for damages for any delay arising out of cause beyond its reasonable control and without its fault or negligence, including but not limited to, acts of God, acts of the other party, acts of civic or military authority, labor disputes fire, riots, war, embargoes, epidemics, floods, or other unusually severe weather, or shortages of power. Seller shall notify the City of Escondido forthwith upon learning of any event which may result in any delay. If delivery of items or rendering of services is not accomplished at the time or times indicated in this order or promised by seller, the City of Escondido reserves the right, without liability, and in addition to its other rights and remedies to terminate this order by notice effective immediately upon receipt by the seller or as otherwise stated hereon. The City of Escondido reserves the right without liability to purchase goods and services for those not delivered and to charge the seller with any loss incurred. No provision of this order for the delivery or rendering of goods and services in installments shall be construed as making the seller's obligations severable. Shipments sent C.O.D. without the City of Escondido's express written consent will not be accepted and will be at seller's risk. Notwithstanding the foregoing, neither party shall be liable for damages for any delay arising out of cause beyond its reasonable control and without its fault or negligence, including but not limited to, acts of God, acts of the other party, acts of civic or military authority, labor disputes fire, riots, war, embargoes, epidemics, floods, or other unusually severe weather, or shortages of power. Seller shall notify the City of Escondido forthwith upon learning of any event which may result in any delay.

6. PROPERTY

Unless otherwise agreed in writing, all special tools, dies, templates, patterns and so forth and all drawings, designs, specifications and other property furnished to the seller or made and paid for by the City of Escondido as a part of this order, shall become the property of the City of Escondido and shall be subject to repossession and/or removal by the City of Escondido. When so instructed, the seller shall deliver such property to the City of Escondido in good condition, ordinary, wear and tear expected.

7. LIABILITY

In no event shall either party's liability for any breach or alleged breach of this order by either party exceed the total extended price or prices shown herein nor shall either party be liable for any special or consequential damages resulting from any such breach.

8. COMPLIANCE WITH LAWS

The seller certifies and represents that in the performance of this order it will comply with the provisions of all applicable federal, state, and local laws, regulations, rules and order. Seller agrees to submit reports, certifications and other documents as required.

9. RESERVATIONS OF RIGHTS

No failure by either party to insist upon strict compliance by the other party with any of the terms, provisions or conditions of this order in any instance shall be construed as a waiver or relinquishment by either party of the other party's right to insist upon strict compliance therewith in.

10. TERMINATION

The City of Escondido may terminate this order in whole or in part at any time upon the City's written notification to the seller (a) for any reason at the convenience of the City of Escondido, (b) for any default by the seller involving the seller's failure to deliver the items or render the services specified by this order within the time designated herein, (c) in the event the seller becomes the subject of any proceeding under state or federal law for the relief of debtors or otherwise become insolvent or bankrupt or makes assignment for the benefit of creditors. In the event of termination by the City of Escondido due to the seller's default pursuant to (b) above, or any reason described in (c) above, the City of Escondido shall have no liability to the seller as a result of such termination.

11. WARRANTY

By accepting this order seller hereby warrants that the items and services to be furnished hereunder will be in full conformity with the City's specifications, drawings and data, or seller's

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- 16 -samples, and that items furnished hereunder will be fit for use intended by the City. Seller agrees that this warranty shall survive acceptance of the items. Said warranties shall be in addition to any warranties of additional scope given to the City by seller.

12. PATENTS

Seller undertakes and agrees to defend at seller's own expense, all suits, action, or proceedings in which the City of Escondido or the users of any of the City's products are made defendants for actual or alleged infringement of any U.S. or foreign letters patent resulting from the use or sale of the items purchased hereunder (except infringement, necessarily resulting from adherence to specifications or drawings, other than those of seller's design or selection, originally submitted to seller by the City) and further agrees to pay and discharge any and all judgments or decrees which may be rendered in any such suit, action or proceedings against such defendants therein.

13. HOLD HARMLESS

Seller agrees to indemnify, defend and save harmless the City of Escondido, its officers, agents, and employees from any and all loss, damage, liability, cost or expense, however, same may be caused, that may arise during or be caused in any way by the performance of seller.

14. ANTI-ASSIGNMENT CLAUSE

All payments made pursuant to this contract are not assignable and shall only be made payable to seller.

15. CONFIDENTIAL AND PROPRIETARY INFORMATION

Any information deemed confidential or proprietary should be clearly identified by the seller as such. Information identified as confidential or proprietary will be protected and treated with confidentiality to the extent permitted by applicable local, state, and federal law. The quote referenced on this Purchase Order is subject to California Public Records Act. The City is a public agency and shall not require approval from seller to disclose public records, pursuant to California Public Records Act.

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EXHIBIT 3 NONCOLLUSION DECLARATION

TO BE EXECUTED BY PROSPECTIVE CONTRACTOR AND SUBMITTED WITH BID

The undersigned declares:

The foregoing bid submitted in response to the City of Escondido’s Request for Bids No. 26-03 – Intermediate Polymer Tank is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The prospective contractor has not directly or indirectly induced or solicited any other prospective contractor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any prospective contractor or anyone else to put in a sham bid, or to refrain from submitting a bid. The prospective contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the prospective contractor or any other prospective contractor, or to fix any overhead, profit, or cost element of bid price, or of that of any other prospective contractor. All statements contained in the bid are true. The prospective contractor has not, directly or indirectly, submitted their bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Each individual executing this declaration on behalf of a prospective contractor that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the prospective contractor.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on .

Date

Of Of

APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY

MICHAEL R. MCGUINNESS, City Attorney By:

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