Air Compressor RFQ-2025.pdf

REQUEST FOR QUOTATION (RFQ)

FOR TWO (2) GARAGE SHOP AIR COMPRESSORS

I. SCOPE OF WORK

The Long Beach Public Utilities Department (LBPUD) is requesting quotes to furnish, deliver, and install two (2) new and unused air compressors for garage shop. There are two existing air compressors which shall be removed and disposed of.

The two new air compressors shall include one (1) annual inspection and quarterly preventative maintenance for one year after installation. During annual inspections, load tests shall also be conducted. Preventative maintenance and annual inspection shall be conducted at the LBPUD Operations Service Center.

II. SUBMITTAL INSTRUCTIONS

Quotes shall be submitted as follows:

Specifications are available online via the City’s Long Beach Buys portal at https://longbeachbuys.buyspeed.com/bso/ under the bid invitation number.

Bids shall be submitted electronically via the City’s secure online bidding system, Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/. All required sections of the Bid must be submitted via the Long Beach Buys portal. Bidders must be registered with Long Beach Buys in order to submit a bid. Registration can be complete at https://longbeachbuys.buyspeed.com/bso/.

Deadlines DATE/TIME

Question Submittal April 16, 2025 @ 11:00 a.m.

Answers to be posted on Long Beach April 18, 2025 @ 3:00 p.m.

Buys under bid invitation

Bid Due April 23, 2025 @ 11:00 a.m.

Technical support for Long Beach Buys is available by email at LBPurchasing@longbeach.gov, or by phone at (562) 570-6200 during normal business hours (8am-5pm PT Monday through Friday) or by submitting an Issue Reporting Form which can be completed at the following link:

https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&wd LOR=c713C83D7-4896-4449-9834-FB4A3401C10C.

https://lbutilities.org/ https://longbeachbuys.buyspeed.com/bso/ https://longbeachbuys.buyspeed.com/bso/ https://longbeachbuys.buyspeed.com/bso/ mailto:LBPurchasing@longbeach.gov https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&wdLOR=c713C83D7-4896-4449-9834-FB4A3401C10C https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&wdLOR=c713C83D7-4896-4449-9834-FB4A3401C10C https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&wdLOR=c713C83D7-4896-4449-9834-FB4A3401C10C

Note: Electronic bids are not accessible and cannot be viewed by LBPUD until the deadline date and time. If a bidder needs to withdraw their bid, the bidder may do so any time before the bid deadline, by going back into the City’s Long Beach Buys portal and selecting “withdraw”.

Quotes are to be received by Wednesday, April 23rd, no later than 11:00 A.M, Quotes received after the date and time will not be considered. LBPUD reserves the right to reject all quotes.

Questions shall be submitted as follows:

• Email: centralprocurement@lbutilities.org

III. RIGHT TO REJECT QUOTE

The LBPUD reserves the right, in its discretion, to reject any and all quotes and, to the extent not prohibited by law, to waive any minor irregularity or informality in any Quote that does not affect the validity of the Quote or does not give the bidder a competitive advantage over other bidders.

IV. BIDDER REPRESENTATIONS

By submitting a quote, Bidder represents that it:

• Has thoroughly examined and become familiar with the specifications required under this RFQ.

• Is capable of performing in accordance with Specifications.

• Acknowledges that its quote is valid for 90 days and the quote cannot be withdrawn within that time.

V. CONTRACT PERIOD

Twelve months after date of award or after the expiration of the current contract, whichever is the earlier.

VI. BASIS OF AWARD

Quantities will not be considered in making this award. The award will be based on the unit prices, and percentage discounts given; along with meeting the specification requirements stated herein.

VII. FUTURE AMENDMENTS

The LBPUD reserves the right to change any portion of the work required, add/or delete items or amend such other terms and conditions, which may become necessary. Any mailto:centralprocurement@lbutilities.org such revisions shall be accomplished by an amendment to the Contract approved by LBPUD and executed by the Bidder and the LBPUD.

VIII. LEGAL DISCLOSURE

Contractor shall disclose claims made by it or any of its owners against the LBPUD, the City or any other public agency over the previous five (5) years, and may provide relevant detail regarding each claim. The Contractor shall disclose all pending claims and litigation to which it is a party, including the case number, jurisdiction, and current status of the action.

IX. CONFLICT OF INTEREST

Bidder represents and warrants that no City employee whose position in the City enables him/her to influence the award of the Contract or any competing Contract, and no spouse or economic dependent of such employee is or shall be employed in any capacity by the Bidder herein, or does or shall have any direct or indirect financial interest in this Contract.

X. DEFAULT SUPPLIER

The Contract may be terminated by LBPUD without liability for damages when in the LBPUD’s opinion the Contractor is not diligently performing the work or otherwise not complying in good faith with the Contract.

In case of default by Contractor, LBPUD reserves the right to procure the articles or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the LBPUD thereby.

XI. DELIVERY

LBPUD will order products for delivery by issuing release notices in the form of a Purchase Order from LBPUD to the Contractor, as products are needed during the Contract period. No products shall be delivered to LBPUD until after receipt of a release notice. Deliveries shall be made within seven (7) business days after release notice. If the Contractor is unable to meet these delivery terms, they must contact LBPUD and explain in writing (in email) the reason(s) for the delay in delivery.

Unless specifically directed otherwise all products shall be delivered Monday through Friday between the hours of 8:00 a.m. and 2:30 p.m. Delivery confirmation of date and time must be emailed to ceaser.carrasco@lbwater.org at least two (2) days prior to the arrival of the order at the LBPUD Operations Service Center. The items shall be delivered complete to the appropriate location:

FOB: LBPUD Operations Service Center 1731 E. 33rd Street Long Beach, CA 90807 mailto:ceaser.carrasco@lbwater.org

LBPUD will not be held liable for the items while in transport until the department has received the items, which is standard for most purchases by cities, individuals, etc.

LBPUD employees, or others under contract to LBPUD, will unload the products at the point of delivery. Delivery shall be made in a conveyance such that unloading can be accomplished by the normal use of a forklift.

XII. NEW AND UNUSED

The items furnished shall be new and unused.

XIII. INSPECTION

Final inspection and acceptance shall be made after delivery at LBPUD. Neither inspection, waiving of inspection, nor LBPUD’s acceptance shall relieve the contractor of the obligation to furnish the products according to this quotation.

In the event that items not meeting the quotation requirements as determined by LBPUD, shall be returned to the contractor for compliance. Contractor shall correct noted deficiencies within five (5) working days at no additional cost to LBPUD.

XIV. SALES TAX

Unit prices and extension prices stated herein shall not include sales tax.

XV. COST

Contractor shall provide pricing for the listed items, and percentage discount for related items requested during the term of this Contract. The price quote shall include all associated fees to deliver the items to LBPUD. Other cost NOT listed in the price quote may not be added at the time of invoicing. Unit prices, and percentage discounts for the items shall be held firm 90 days; decrease of percentage discounts and price increase for listed items is not acceptable. LBPUD reserves the right to cancel the contract if unit prices are increased and/or percentage discounts are decreased.

XVI. PAYMENT

Payment for items shall be made in due course of payments of LBPUD after completion of delivery and acceptance by LBPUD, and upon receipt of an invoice from the Contractor.

The Contractor shall send a hard copy invoice to the LBPUD Accounts Payable and/or an electronic invoice with each billing to the following address:

Mailing Address: Email Address:

LBPUD Accounts Payable WaterFinance@lbwater.org 1800 E. Wardlow Rd.

Long Beach, CA 90807

The Contractor shall not invoice for items before items have been received. Payment will not be authorized until item has been received.

LBPUD will pay said invoice in due course of payments, usually no more than thirty (30) days after receipt of the invoice, providing that all items are in accordance with these specifications, inspected and accepted by LBPUD and that applicable certifications and reports have been submitted in accordance with this Contract.

XVII. AUTHORIZED DISTRIBUTOR/ DEALER

Bidder must indicate if it is an authorized factory distributor/dealer for the manufacturer being quoted (please initial).

Yes: No: ___________

If bidder is not an authorized distributor/dealer, the bidder shall submit with its Quotation a formal Letter of Certification from the manufacturer, stating that the manufacturer will honor any warranty claims by LBPUD for equipment, parts, and/or materials provided by the bidder.

The manufacturer will be responsible for any default of the supplier that is not corrected by the supplier in a timely and efficient manner. This responsibility includes replacing incorrect or defective water hoses, trouble shooting, and correcting problems that are traceable to the manufacturer.

XVIII. LICENSES AND PERMITS

Contractor shall be licensed to do business within the City of Long Beach and shall meet the Labor Standards for each employee as set forth by the California Industrial Relations Department.

XIX. INSTALLATION

The successful bidder shall install the air compressors. Services of a startup technician shall be included in the bid price. Air compressors’ performance in all modes shall meet all manufacturers' installation specifications and must be documented before acceptance by LBPUD. Bidder will take reasonable steps to ensure that installation activities will begin within one month of instrument delivery, and complete within one month from the starting date of installation.

mailto:WaterFinance@lbwater.org

The unit must be installed by a factory-trained local service representative. Installation must include optional five-year extended warranty.

XX. INSURANCE

Awarded Contractor shall submit required documents in accordance to item 31 of the General Conditions.

XXI. WARRANTY

The Contractor shall guarantee the materials and workmanship of the products from defects as described in the bid for thirty-six (36) months (3 years) of usage after the date of delivery and acceptance by the General Manager, or designee. Contractor shall make repairs, modifications, or otherwise correct or replace all products developing defects, as necessary, within five (5) calendar days after notification by the General Manager, or designee, at no cost to LBPUD.

If the manufacturer of the items normally offers a warranty with a term in excess of the warranty specified above, the items shall also be subject to the full-term of that warranty.

Any repair work or parts replaced during the warranty period shall be subject to the full-term of the warranty, starting on the date of completion of such repair work or part replacement. Submit with bid a copy of the manufacturer’s standard warranty with the bid. Contractor is responsible for any and all shipping costs related to the inspection, repair, and/or replacement of any products subject to warranty.

XXII. PUBLIC RECORDS

Quotes will become public record after a contract award, unless the bid or specific parts of the Quote can be shown to be exempt by law. Each bidder may clearly label all or part of a bid as "CONFIDENTIAL" provided that the bidder thereby agrees to indemnify and defend LBPUD for honoring such a designation. The failure to label any information that is released by LBPUD shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

XXIII. BUSINESS LICENSE

The Long Beach Municipal Code (LBMC) requires all businesses operating in the City of Long Beach to pay a business license tax. In some cases the City may require a regulatory permit and/or evidence of a State or Federal license. Prior to issuing a business license, certain business types will require the business license application and/or business location to be reviewed by the Development Services, Fire, Health, and/or Police Departments. For more information, go to:

www.longbeach.gov/finance/business_license.

In accordance with Municipal Code (Section 3.80.210) a business license is required under the following conditions:

(a) If you are providing a service in Long Beach, CA

(b) If you are providing and delivering a product in Long Beach, CA

For more information, contact the Business License Section at 562-570-6211 or by e-mail to lbbiz@longbeach.gov.

Long Beach Business License Number:

(Only Required Upon Notification of Award)

The undersigned hereby declares that the Contractor has a valid State of California Contractor's License sufficient to qualify as a Contractor in this case and a current City of Long Beach Business License; and will obtain all required permits.

A. California Contractor's License No.:

Expires: ___________________________ Classification: ______________________

Awarded Contractor(s) must have a valid Long Beach Business License prior to contract execution. At the time of Quote submittal, a Long Beach Business License is not mandatory; however, if the Contractor has already filed, information may be submitted above.

http://www.longbeach.gov/finance/business_license mailto:lbbiz@longbeach.gov

XXIV. LOCAL PREFERENCE

In order to help support the success of businesses in Long Beach, the City of Long Beach has a local preference provision.

In bids for materials, equipment, supplies and nonprofessional services, Long Beach-based businesses meeting the criteria set forth below may have their bid price reduced by ten percent solely for the purpose of determining the lowest responsible bid (if selected as the winning bid, you would be paid based upon your actual bid price, not the reduced price).

The maximum preference a bidder may be awarded pursuant to this Section and any other provision of law shall be ten percent (10%). However, in no case shall the maximum preference cost under this Section exceed fifty thousand dollars ($50,000.00) for any bid.

It has been determined that the local preference is applicable to this Request for Quotation. (The local preference does not apply to bids for all purchases funded in full or a fraction thereof by any tidelands fund, by any grant funds, nor by any funds received from the State of California. This section shall not apply to purchases made pursuant to Section 1801 and 1807 of the City Charter and to bids for public works, as that term is defined in Section 1720(a) of the California Labor Code.)

To qualify for the local preference, eligible bidders must attach copies of the following documents to their bid package:

1. A current, valid business license from the City of Long Beach showing a place of business within the city limits; and

2. A current, valid seller’s permit (also known as a sales tax permit) showing a place of business within the city limits.

All Contractors must submit the Local Preference Program at Attachment I.

BID FORM SECTION

LONG BEACH PUBLIC UTILITIES DEPARTMENT

1800 East Wardlow Road, Long Beach, CA 90807

Members of the Board:

In accordance to the terms and conditions, the undersigned shall furnish complete as per RFQ and execute a Contract at the following unit prices, and percentages.

A. REQUIREMENTS:

Bidder must indicate with a check mark, in the spaces provided, after each group, if they COMPLY with the specifications for that group. If they do not comply, each deviation must be described in the space that follows. If insufficient space, indicate "see attached" and describe all deviations on an attachment to the bid. Make sure all deviations are labeled to identify the item for which the deviation is taken. A cover letter must be included indicating that deviations to the specifications are in a separate attachment to the bid. Failure to properly complete this required information may result in bid being rejected as non-responsive.

TWO (2) GARAGE SHOP AIR COMPRESSORS Yes No If no, explain deviation(s)

1. Oil Injected Screw Compressor

- Air Cooled -Capacity: 34.3 CFM @ 150PSI -Motor: 10HP, IE3 TEFC Motor -Voltage: 208-230/460V/3ph/60Hz -154 PSI Maximum Operating Pressure -Microprocessor Control: Elektronikon Basic -Long Life RDX (Roto Duty Extend) Synthetic Oil -Full Feature Model: Integrated refrigerant dryer - Footprint: 63"L x 26"W x 53"H

2. Oil Injected Screw Compressor -Air Cooled -Capacity: 58.4 CFM @ 150PSI -Motor: 20HP, IE3 TEFC Motor -Voltage: 208-230/460V/3ph/60Hz -154 PSI Maximum Operating Pressure -Microprocessor Control: Elektronikon Basic - Remote control/monitoring via AIRKeeper -Long Life RDX (Roto Duty Extend) Synthetic Oil -Full Feature Model: Integrated refrigerant dryer - Footprint: 63"L x 26"W x 53"H

TWO (2) GARAGE SHOP AIR COMPRESSORS Yes No If no, explain deviation(s)

3. UD75+ (NPT1) Inline After Filter

4. OSC 50 CLAY Oil Water Condensate Separator

5. Annual Preventive Maintenance

6. Quarterly Preventive Maintenance

7. Pick Up/Delivery Charge

8. Percentage Discount on Parts

B. ITEM PRICING

In accordance with your request for quotation and terms and conditions, the undersigned shall furnish and deliver TWO (2) GARAGE SHOP AIR COMPRESSORS complete as per Specifications and execute a contract at the following prices:

ITEMS: UNIT PRICE: QUANTITY: EXTENSION

PRICE:

Oil Injected Screw Compressor (Capacity: 34.3 CFM @150PSI) $__________

1 Ea. $__________

Oil Injected Screw Compressor (Capacity: 58.4 CFM @150PSI) $__________

Inline After Filter $__________

Oil Water Condensate Separator $__________

Annual Preventative Maintenance $__________

2 Ea. $__________

Quarterly Preventative Maintenance $__________

Pick Up/Delivery Charge $__________

Optional 5 Year Warranty ($0 Deductible) $__________

Other Charges (Explain):

SUB TOTAL $__________

SALES TAX (10.50%) $__________

BID TOTAL $__________

The foregoing total bid amounts include California State sales or use tax, or any municipal or county sales tax, and all other taxes legally chargeable in connection with furnishing and delivering bid items to LBPUD except Federal taxes from which municipalities are exempt.

Required Data:

Air Compressor (Manufacturer, Model):

Additional Deviations from Specifications* *

Quotes must be signed by individual(s) legally authorized to bind the bidder and shall contain a statement that the bid is a firm offer for a 90-day period. LBPUD reserves the right to purchase different quantities or request service at the proposed prices depending on actual needs and requirement. LBPUD does not guarantee usage nor guarantee that all items listed herein will be ordered/purchased during the term of the contract. LBPUD may purchase additional items not listed on quote.

It is understood that the unit price(s) shall be held to be "correct" if the totals are found to contain any computational errors and that the totals found to be in error shall be corrected.

Signed: Date:

Print Name/Title:

Company Name:

Address:

Email:

Phone Number: Fax Number:

WE ARE PLEASED TO SUBMIT THIS QUOTE IN ACCORDANCE WITH LBPUD

REQUEST FOR QUOTATION, SPECIFICATIONS AND TERMS AND CONDITIONS

TO FURNISH AND DELIVER THE ITEMS FOB DESTINATION LONG BEACH

PUBLIC UTILITIES DEPARTMENT, 1731 E 33rd STREET, LONG BEACH CA 90807.

GENERAL CONDITIONS

1) Acceptance of the offer contained in this Contract is expressly limited to the terms and conditions of such offer as herein stated.

2) Definitions

A) Bidder Any individual, firm or corporation submitting a bid to sell and deliver the materials, supplies or equipment to be furnished in accordance with these Specifications and called for in the notice inviting bids.

B) Board Board of Public Utilities Commissioners of the City of Long Beach

C) City The City of Long Beach, a municipal corporation of the State of California

D) Contract These Specifications, the Notice Inviting Bids, the Bid of the Contractor, and the Agreement entered into pursuant thereto shall constitute the Contract between the Board and the Contractor

E) Contractor The Bidder whose Bid is accepted and to whom the Contract is awarded

F) Engineer General Manager of the Long Beach Public Utilities Department or his designated representative(s).

G) General Manager The General Manager of the City of Long Beach Public Utilities Department

H) LBPUD

Long Beach Public Utilities Department

3) No charges for taxes, transportation, boxing, packaging, crating or returnable containers will be allowed and paid by LBPUD unless separately stated hereon. All sales, use, excise or similar taxes to be paid by LBPUD must be itemized separately hereon and on invoices.

4) LBPUDs obligation to pay the sum herein stated for any one fiscal year shall be contingent upon LBPUD appropriating the necessary funds for such payment by LBPUD in each fiscal year during the term of this Contract. For the purposes of this section, a fiscal year commences on October 1 of the year and continues through September 30 of the following year. In the event that LBPUD Board fails to appropriate the necessary funds for any fiscal year, then and in that event, the Contract will terminate at no additional cost or obligation to LBPUD.

5) Contractor shall deliver the materials, equipment, supplies or services, or cause the work to be performed, within the time and in the manner specified in the Contract. Times and dates stated herein are of the essence. If at any time Contractor has reason to believe that deliveries will not be made as scheduled, written notice setting forth the cause of the anticipated delay shall be given immediately to LBPUD. Deliveries must be prepaid. C.O.D. shipments will not be accepted.

6) LBPUD reserves the right at any time to make changes in drawings and specifications, in methods of shipment and packaging and in place of delivery as to any articles covered by this Contract. In such event there will be made an equitable adjustment in price and time of performance mutually satisfactory to Contractor and LBWD; but, any claim by Contractor for such an adjustment must be made within thirty (30) days of such change.

7) Contractor warrants that the goods, machinery or equipment delivered or the work performed hereunder shall conform to the specifications, drawings, samples or other description specified by LBPUD and shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, in good working order, and free from defect or faulty workmanship for a period of ninety (90) days. When defective goods, machinery, or equipment or faulty workmanship is discovered, which requires repair or replacement pursuant to this warranty, Contractor shall provide all labor, materials, parts, and equipment to correct such defect at no expense to LBPUD.

8) Contractor shall defend, indemnify, and hold Board and City, their officials and employees harmless from and against all loss, damage, liability, demands, claims, causes of action, costs, and expenses (including reasonable attorney’ fees) for injuries (including death) to persons, or damage or destruction of property connected with or arising from the negligent acts or omissions of Contractor, its officers, agents, and employees in the performance of this Contract.

9) The Board reserves the right to terminate this Contract at any time in whole or in part even though Contractor is not in default hereunder. In such even there will be made an equitable adjustment of the terms that is mutually satisfactory to the Board and Contractor. Upon receipt of any notice of such termination, Contractor shall, unless such notice otherwise directs, immediately discontinue all work on the Contract and deliver, if and as directed, to the Board all completed and partially completed articles, work in process and materials purchased or acquired for performance of the Contract. The provisions of this section shall not limit or affect the right of the Board to terminate this Contract immediately upon written notice of breach.

10) The Board reserves the right to cancel this Contract or any part thereof and reject delivery of goods if delivery is not undertaken and completed when specified and in accordance with specifications. Contractor shall be charged for any direct losses, but not any consequential damages, sustained by the Board and City by reason of such delay or failure, excepting losses caused by a delay for reasons beyond Contractor’s reasonable control. Direct losses shall include any costs to the Board and City in excess of the Contract price of obtaining goods from other sources similar to those cancelled or rejected hereunder.

11) The Board shall pay to Contractor the price(s) specified in the Contract on delivery of the materials, equipment, supplies, or services and acceptance thereof by General Manager or his designee, or upon completion of the work to be performed and accepted thereof, as specified in the Contract. Defective articles or articles not in accordance with LBPUD’s specifications shall be held for Contractor’s instructions at Contractor’s risk and if Contractor so directs will be returned at Contractor’s expense.

12) No return or exchange of material, equipment, or supplies shall be permitted without written approval of LBPUD’s Purchasing Agent.

13) All royalties for patents, or changes for the use of patents, which may be involved in any article to be furnished under this Contract shall be included in the Contract price.

14) In cases where a price subject to escalation has been agreed upon, the price escalation shall be shown as a separate item on the invoice. Unless an escalator clause has been shown as a specific part of this Contract, Contractor shall not be entitled to reimbursement for costs incurred due to escalation.

15) All materials, supplies and equipment provided under this Contract shall be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California, Title 8, California Code of Regulations (CAL/OSHA) and all applicable OSHA regulations as well as all other applicable California Code of Regulations. Contractor shall indemnify and hold the Board and City, its officials, and employees harmless for, of, and from any and all loss, including, but not limited to fines, penalties. and corrective measures they may sustain by reason of Contractor’s failure to comply with said laws, rules, and regulations in connection with the performance of this Contract.

16) Contractor shall keep confidential and not disclose to others or use in any way to the detriment of LBPUD, confidential business or technical information that LBPUD may disclose in conjunction with this Contract, or Contractor may learn as a result of performing this Contract.

17) This Contract shall not be assigned in whole or in part, nor any duties delegated without the Board’s prior written approval.

18) The remedies herein reserved shall be cumulative and additional to any other remedies at law or in equity. The waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach. LBPUD’s failure to object to provisions contained in any communication from Contractor shall not be deemed an acceptance of such provisions or a waiver of the provisions of this Contract.

19) This Contract shall not be amended or modified except by written agreement signed by the parties and expressly referring to this Contract.

20) Contractor shall indemnify, hold harmless, and defend the Board and City, their officials, and employees from any damage, claim, loss, cost, liability, cause of action, or expense, including reasonable attorney’s fees, whether or not reduced to judgment, arising from any infringement or claimed infringement of any patent, trademark or copyright, or misappropriation of confidential information, or trade secrets of any third party and based on the manufacture, sale, or use of goods, machinery, or equipment supplied hereunder.

21) Contractor shall furnish further itemization and breakdown of the Contract price when requested by LBPUD.

22) Contractor, in the performance of any work or the furnishing of any labor under this Contract, shall be considered as an independent contractor. Contractor, his agents, and employees shall not be considered as employees of LBPUD.

23) Contractor and subcontractor(s) shall not discriminate against any person in the performance of this Contract and shall comply with applicable federal, state, and city equal employment opportunity laws, ordinances, rules, and regulations. Contractor and subcontractor(s) shall not discriminate against any employee or applicant for employment or against any subcontractor on the basis of race, color, religion, national origin, sex, sexual orientation, AIDS, HIV status, age, disability, or handicap, subject to federal and state laws, rules, and regulations.

24) Contractor shall comply with all applicable federal, state, and local laws pertaining to the subject matter hereof.

25) Contractor shall submit samples of all documents that Contractor may require LBPUD to execute to complete this transaction. By accepting these samples as part of the bid or by awarding the Contract to a Contractor who has submitted said samples, LBPUD does not agree to the terms stated in said samples. This Invitation to Bid and Contractor’s bid shall take priority over said samples and this Invitation and Contractor’s bid shall become the Contract between LBPUD and the Contractor.

26) All quantities stated herein are only ESTIMATES. LBPUD reserves the right to increase or decrease these estimated quantities based on its actual needs and funds available.

27) LBPUD reserves the right to exercise at its option an increase in expenditures by ten (10) percent annually, but LBPUD does not guarantee such an increase.

28) Contractor shall cooperate with LBPUD in all matters relating to taxation and the collection of taxes, particularly with respect to the self-accrual of use tax. Contractor shall cooperate as follows: (i) for all leases and purchases of materials, equipment, supplies or other tangible personal property totaling over $100,000 shipped from outside California, a qualified Contractor shall complete and submit to the appropriate governmental entity the form in Appendix “A” attached hereto; and (ii) for construction contracts and subcontracts totaling $5,000,000 or more, Contractor shall obtain a sub-permit from the California Board of Equalization for the Work site. “Qualified” means that the Contractor purchased at least $500,000 in tangible personal property that was subject to sales or use tax in the previous calendar year.

In completing the form and obtaining the permit(s), Contractor shall use the address of the Work site as its business address and may use any address for its mailing address. Copies of the form and permit(s) shall also be delivered to the Purchasing Agent. The form must be submitted and the permit(s) obtained as soon as Contractor receives a notice of award. Contractor shall not order any materials or equipment over $100,000 from vendors outside California until the form is submitted and the permit(s) obtained and, if Contractor does so, it shall be a material breach of the Agreement. In addition, Contractor shall make all purchases from its Long Beach sales office and the Long Beach sales office of its vendors if those vendors have a Long Beach office and all purchases made by Contractor under this Agreement which are subject to use tax of $500,000 or more shall be allocated to LBPUD of Long Beach.

Contractor shall require the same form and permit(s) from its subcontractors.

Contractor shall not be entitled to and by signing this Contract waives any claim or damages for delay against City and LBPUD if Contractor does not timely submit these forms to the appropriate governmental entity. Contractor may contact LBPUD Accounting Division at 562-570-2300 for assistance with the form.

29) The California Integrated Waste Management Act (Public Resources Code, Sec. 40000 et seq.) requires governmental entities to achieve fifty (50) percent diversion of waste. In conjunction with the City’s Integrated Resources Bureau, the City is currently developing an Environmentally Preferable Product (EPP) procurement plan. These guidelines enable the City Purchasing Agent to greatly expand procurement programs by moving beyond a singular consideration of “recycled-content”. EPP procurement facilitates the purchase of products that qualify within a broad range of “environmentally preferable” criteria, such as: minimal packaging; energy savings; non-toxic; manufactured from sustainably-harvested materials. Contractor shall monitor products that fall within the EPP guidelines and document all criteria that qualify the product as an EPP. Documentation from the manufacturer will be acceptable and may be required during the term of the Contract.

30) NOTICE TO BIDDERS REGARDING THE PUBLIC RECORDS ACT:

Responses to this Invitation to Bid become the exclusive property of LBPUD. All Bids submitted in response to this Invitation to Bid are a matter of public record and shall be regarded as public records. Exceptions will be only those elements in each Bid that are defined by the Bidder as business or trade secrets and are marked as “Trade Secrets”, “Confidential” or “Proprietary”.

LBPUD shall not be liable or responsible in any way for disclosure of any records not marked as “Trade Secrets”, “Confidential” or “Proprietary”. LBPUD shall not be liable or responsible in any way for disclosure of any records so marked if disclosure is deemed to be required by law or by a court order.

31) UPON AWARD OF CONTRACT, THE AWARDED CONTRACTOR WILL BE REQUIRED TO SUBMIT INSURANCE ACCORDING

TO THE GUIDELINES AND REQUIREMENTS LISTED BELOW:

A) If at any time during the progress of the Work, Awarded Contractor shall allow any indebtedness to accrue for labor, equipment, or materials, or which may become a claim against LBPUD, Awarded Contractor shall immediately upon request from the LBPUD pay such claim or indebtedness or cause such lien to be dissolved and discharged by giving a bond or otherwise and, in case of his failure so to do, LBPUD may withhold any money due Awarded Contractor until such claim or indebtedness is paid or may apply such money toward the discharge thereof; or, in such event LBPUD may at its option declare this Contract to be terminated;

take possession and control of the Work and complete the same or cause the same to be completed according to the specifications. Awarded Contractor shall pay to LBPUD the difference between the Contract price and the actual cost to LBPUD in completing or causing the Work to be completed.

B) Awarded Contractor shall carry on the Work at its own risk until the same is fully completed and accepted and shall, in case of any accident, destruction, or injury to the Work or materials before its final completion and acceptance, repair, or replace the Work or materials so injured, damaged, and destroyed, at his own expense and to the satisfaction of LBPUD. When materials and equipment are furnished by others for installation or erection by Proposer, Proposer shall receive, unload, store, and handle same at the Site and become responsible as though such materials and equipment were being furnished by the Awarded Contractor under the Contract.

C) Awarded Contractor shall procure and maintain at Awarded Contractor’s expense for the duration of the Contract the following insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract by Proposer, its agents, representatives, employees or Subcontractors:

1. Comprehensive General Liability: $1,000,000 combined single limit for each occurrence or $2,000,000 General

Aggregate for bodily injury, personal injury, and property damage, including products and completed operations coverage.

The Board of Public Utilities Commissioners, its officials, employees and agents shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Proposer; products and completed operations of Proposer; and premises owned, leased or used by Proposer.

2. Automobile Liability: $500,000 combined single limit per accident for bodily injury and property damage covering owned, non-owned and hired vehicles.

3. Workers’ Compensation as required by the California Labor Code and Employers Liability limits of $1,000,000 per accident.

Any self-insurance program and self-insured retention must be separately approved in writing by LBPUD.

Each insurance policy shall be endorsed to state that coverage shall not be cancelled by either party or reduced in coverage except after thirty (30) days prior written notice to LBPUD.

Awarded Contractor shall maintain at its expense, until completion of performance and acceptance by City, from an insurer:

a. Admitted (licensed) in the State of California with a current financial responsibility rating of A (Excellent) or better and a current financial size category (FSC) of V (capital surplus and conditional surplus funds of greater than $10 million) or greater rating as reported by A.M. Best Company or equivalent, unless waived in writing by City’s Risk Manager, or

b. Non-admitted in the State of California with a current financial responsibility rating of A (Excellent) or better and a current financial size category (FSC) of VIII (capital surplus and conditional surplus funds of greater than $100 million) or greater rating as reported by A.M. Best Company or equivalent, unless waived in writing by City’s Risk Manager.

All coverages for Subcontractors shall be subject to the requirements stated herein and shall be maintained at no expense to

LBPUD.

Awarded Contractor shall furnish LBPUD with certificates of insurance and original endorsements providing coverage as required above. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Before any of Contractor’s or Subcontractor’s employees shall do any Work on LBPUD’s property, Awarded Contractor shall furnish LBPUD with the required certificates evidencing that such insurance is being maintained. Such certificates shall specify the date when such insurance expires. Such insurance shall be maintained until after the Work under the Contract has been completed and accepted.

Such insurance as required herein or in any other documents to be considered a part hereof shall not be deemed to limit Contractor’s liability under this Contract.

D) Awarded Contractor shall defend, indemnify and hold harmless The Board of Public Utilities Commissioners, its officials, and employees from and against any and all liability for claims for bodily injury and property damage arising out of negligent acts, omissions or errors of any employee of Awarded Contractor at the Site.

E) Awarded Contractor shall list the name and location of the place of business of each Subcontractor who will perform work, labor or services for Awarded Contractor, or who specially fabricates and installs a portion of the Work or improvement in an amount in excess of one-half of one percent of Contractor’s total contract cost. The Subcontractor list shall be submitted with Proposer’s Bid.

ATTACHMENT I: LOCAL PREFERENCE PROGRAM

Local Preference Provision

The City may reduce the bid price for all local businesses by ten percent solely for the purpose of determining the lowest responsible bid. (if selected as the winning bid, you would be paid based upon your actual bid price, not the reduced price).

The maximum preference a bidder may be awarded pursuant to this Section and any other provision of law shall be ten percent (10%). However, in no case shall the maximum preference cost under this Section exceed fifty thousand dollars ($50,000.00) for any bid.

Local Business shall mean a company/organization which maintains its principal place of business in a fixed location within the City of Long Beach and possesses a current City of Long Beach business license and sellers permit, if applicable. For a business to be eligible to claim preference, the business MUST request the preference in Attachment C and provide a copy of its current business license and seller’s permit, if applicable.

If your business qualifies for the local preference, please certify your eligibility by selecting “yes” below. If you are not eligible, please select “no.” DO NOT LEAVE THIS SECTION BLANK. If you selected “yes,” you must attach copies of the following documents to your solicitation package:

i. A current, valid business license from the City of Long Beach showing a place of business within the City limits;

and

ii. A current, valid seller’s permit (also known as a sales tax permit) showing a place of business within the City limits, IF APPLICABLE.

☐ Yes, I am a Long Beach-based business that meets the criteria set forth in this solicitation.

☐ No, I am NOT a Long Beach-based business that meets the criteria set forth in this solicitation.

My City of Long Beach Business License Number is:

and I will attach a copy to my submission.

My City of Long Beach Seller’s Permit (Sales Tax Permit) Number is:

and I will attach a copy to my submission, if applicable.

The address associated with my City of Long Beach Business License is:

☐ This is a brick and mortar/ commercial / non-residential location.

☐ This is a residential location.

Name Signature Date