REQUEST FOR PROPOSAL

FOR

Cathodic Protection Deep Well Abandonment

Company _________________________________________________________________

Contact _________________________________________________________________

Address _________________________________ City _______________ State _____________

Zip _____________ Telephone (____) _______________ Fax (____) ______________________

Federal Tax ID No. ________________________

Email Address: __________________________________________________________________

Prices contained in this proposal are subject to acceptance within __________ calendar days.

I have read, understand, and agree to all terms and conditions herein.

Date___________________________________________________________________________

Signed_________________________________________________________________________

Print Name & Title ________________________________________________________________

For additional information, contact:

Deanna Rubalcaba Deanna.rubalcaba@longbeach.gov

(562) 570-2031

Overview

Summary

The Long Beach Utilities Department (hereafter “Department” or “LBU”) is soliciting proposals from qualified firms to provide work to be done hereunder consists of abandoning existing shallow well groundbeds.

Key Dates

Release Date: September 18, 2024

Questions Due to LBU: 11:00 AM, October 2, 2024

Proposals Due: 11:00 AM, October 16, 2024

Long Beach Utilities reserves the right to modify these dates at any time, with appropriate notice to prospective Contractors.

Proposal Information

Instructions for what to include in your proposal and how to submit it are detailed in Section 4.

Proposals must be submitted electronically via LongBeachBuys.com.

Official Contact

Deanna Rubalcaba deanna.rubalcaba@longbeach.gov All communication with Long Beach Utilities related to this RFQ must be directed to the contact listed above.

RFP-UD-24-210 | 1

Contents

1 The Opportunity

1.1 Project Summary

1.2 Background

1.3 Goals

1.4 Award Terms

2 Scope of Work

2.1 Description of Services

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

2.2.2 Contract Management

2.2.3 Contract Payment

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

4 Proposal Instructions & Content

4.1 Timelines & Instructions

4.2 Proposal Content

4.3 Narrative Proposal Template

5 Terms & Conditions

5.1 Acronyms/Definitions

5.2 Solicitation Terms & Conditions

5.3 Contract Terms & Conditions

5.4 Additional Requirements

5.5 Protest Procedures

1 The Opportunity

1.1 Project Summary

The Long Beach Utilities Department (hereafter “Department” or “LBU”) is soliciting proposals from qualified firms to provide work to be done hereunder consists of abandoning existing shallow well groundbeds and new construction of deep well groundbed.

1.2 Award Terms

This contract will be for a period of one year with the option to renew for two additional one-year periods. The total contract term will not exceed three years.

2 Scope of Work

2.1 Specifications and Standards

The Long Beach Utilities Department (hereafter “Department” or “LBU”) is soliciting proposals from qualified firms to provide work to be done hereunder consists of abandoning existing shallow well groundbeds at the following locations:

Gardenia Ave and Del Amo Blvd.

And, constructing a new deep well groundbed at the following location:

Gardenia Ave and Del Amo Blvd.

Long Beach Utilities (LBU) intends to award cathodic protection groundbed construction and abandonment work in its entirety or, alternatively, in any combination of the above.

The Contractor shall furnish the necessary labor, equipment, tools and materials to construct and abandon deep well cathodic protection groundbeds at locations within the City of Long Beach, as listed above, including drilling all holes, installing anodes, cables and vent pipes, and providing sufficient cable lengths for LBU work. The Contractor shall procure all permits related to the well drilling operation and submit to LBU a copy of the Well Completion Report (CA DWR Form 188) for each well that is constructed and abandoned. Long Beach Utilities will perform the connection of anode cable and vent pipes from each hole to the rectifier and provide City of Long Beach excavation permits necessary to complete work at each site. Long Beach Utilities reserves the right to delete from this Specification, a portion or all, of the cathodic protection groundbed work at selected locations if funding becomes insufficient for the completion of the work.

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

The table below highlights the targets that will be tracked and reviewed collaboratively with the Awarded Contractor during the contract. This list is an indication of the performance metrics of interest to LBU and is not exhaustive or final. As a part of a response to this RFQ, Proposers may propose additional or alternative performance metrics to be tracked on a regular basis. The final set of performance metrics and frequency of collection will be negotiated by the successful Proposer and LBU prior to the finalization of an agreement between parties and may be adjusted over time as needed.

RFP UD-24-210 | 10

2.2.2 Contract Management

Communication and Management: Implementation of the contract should be a partnership between Long Beach Utilities and the Awarded Vendor. LBU and the Awarded Vendor will meet monthly, at a minimum, but can meet more regularly as needed. A single point of contact at LBU will be assigned to provide guidance to the vendor as needed during the project. We are seeking a vendor that can work independently to provide the required deliverables with limited involvement from LBU staff.

2.2.3 Contract Payment

Long Beach Utilities issues payment based upon services rendered. After a contract is finalized and work is performed, the Contractor should invoice LBU. LBU will remit payment within 30 calendar days of being billed.

3 How We Choose

3.1 Minimum Qualifications

Proposers must meet the following minimum qualifications to be eligible:

· Qualification to conduct business in the City

· Not having been debarred by Federal, State, or local government

· Mandatory experience in delivering at least one (1) project similar scope, as well as abandonment and/or cathodic protection experience. References and case studies are encouraged.

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria: After an initial scan for completeness, proposals will be evaluated by a selection committee composed of City Employees from various departments such as LBU, Energy Resources, Public Works, Financial Management, and other departments. All proposals will be scored and ranked.

The selection committee will be tasked to evaluate the proposals on the demonstrated understanding of cathodic protection groundbed construction expertise in each of the deliverable disciplines, and the originality of the proposal.

Proposals shall be consistently evaluated based on the following criteria:

CRITERIA

· Qualifications are defined as: professional and academic experience of project team; tenure and financial viability of contractors to sustain potential contract; co milestones and recent successes.

25 points

· Work Methodology: Demonstrate understanding of requirements, responsiveness, and ability to meet requirements of LBU.

25 points

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME (PACIFIC) & DATE

LOCATION / ADDITIONAL INFORMATION

October 2, 2024

· Submit all inquiries via email to RFPpurchasing@longbeach.gov

October 16, 2023

· Proposals should be submitted electronically via LongBeachBuys.com.

· Late proposals, or proposals submitted through other channels will not be accepted.

· Proposers are responsible for submitting their proposals completely and on time.

· Proposers will receive an e-bid confirmation number with a time stamp from LongBeachBuys.com indicating that the proposal was submitted successfully. The City will only receive proposals that were transmitted successfully.

· For technical support, email or call the City during normal business hours at LBPurchasing@longbeach.gov or (562) 570-6200.

· Evaluations will be conducted using a methodology derived from the evaluation criteria listed in Section 3.2.

4.2 Proposal Content

Complete proposals will include the following. Proposers are encouraged to use this table as a checklist to ensure all components are included in their proposal.

PROPOSAL

detailed in Section 4.3.

Please upload separately but submitted together.

PROPOSAL APPENDICES

· Provide Construction schedule for abandonment of existing shallow well anodes and installation of new deep well anodes.

· Provide assumptions and basis for removal of existing anode. There is no as-built data for exact location. There are 6 existing shallow anodes at less than 50 feet depth.

· If awarded, provide typical As Built drawings sample within 3 weeks of notice to proceed.

· Financial Statement or Annual Report

· Business tax return

· Statement of income and balance sheet

cited in the Narrative or Cost Proposal.

MANDATORY ATTACHMENTS | The following are included as Attachments in Long Beach Buys. They must be signed by the individual legally authorized to bind the Proposer.

Attachments Which May be Submitted Upon Award | Upon award, Awarded Contractors will be required to submit the following. We encourage you to take note of these requirements, and where possible, include available information as part of your proposal to expedite processing.

Buys, including an email address, phone number, and for any classifications you may qualify for.

4.3 Narrative Proposal Template

Proposers should develop a narrative proposal that includes the information outlined in the proposal template. An editable version of the template below has been posted to Long Beach Buys. Proposers may complete the editable template, in lieu of developing a proposal and submit it as their narrative proposal.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization Company Name

Company Address

Federal Tax ID Number

Website

Authorized Representative Name

Title

Email Address

Phone Number

Title

Email Address

Phone Number

PROPOSER CAPACITY & EXPERIENCE

What type of enterprise is the organization?

· Non-Profit

· Sole Proprietorship

· General Partnership

· Corporation

State and Date of incorporation:

· Limited Liability Company

· Other

Please describe why the organization is qualified to provide the services described in this RFQ (1-2 paragraphs).

How many employees does the organization have in total and residing in Long Beach?

Where are the representative(s) that would service LBU’s account located?

REFERENCES

Reference 1 Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2 Company

Project Manager

Phone Number

Project Description

Project Start and End Dates

Reference 3 Company

Project Manager

Phone Number

Project Description

Project Start and

Reference 4 Company

Project Manager

Phone Number

Project Description

Project Start and End Dates

Reference 5 Company

Project Manager

Phone Number

Project Description

Project Start and

SUB-CONTRACTOR CONTACT INFORMATION

· No

If applicable, provide the following for all subcontractors included in this proposal.

Company Address

Authorized Representative Name

Title

Email Address

Phone Number

Name

Other Point of Contact (if required) Title

Email Address

Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the organization?

· Non-Profit

· Sole Proprietorship

· General Partnership

· Corporation

State and Date of incorporation:

· Limited Liability Company

· Other

Which specific requirements of this RFQ will the subcontractor perform?

Is the subcontractor registered with the California Department of Industrial Relations? If yes, provide registration number.

Please describe why the organization is qualified to provide the services described in this RFQ (1-2 paragraphs).

Please describe the length of time the organization has been providing the services described in this RFQ (1-3 sentences).

How many employees does the organization have nationally, locally, and residing in Long Beach?

Where are the representative(s) that would service LBU’s account located?

Method of Approach

1. Please describe why the Proposer is qualified to provide the services described in this RFQ.

2. Explain the logic model for how they will achieve the target outcomes/outputs of the RFQ.

3. Workplan: summarize your proposed workplan with timelines for key milestones.

4. Explain how the proposal will meet this RFQ objective or criterion.

5. For risks associated various regulatory, legal, financial and policy options, explain how your proposal will mitigate or address them.

6. Please outline what will be needed from LBU to implement the contract successfully.

5 Terms and Conditions

5.1 Acronyms/Definitions

1. Awarded Contractor: The organization/individual that is awarded a contract with the City of Long Beach, California for the services identified in this RFQ.AROs: Asset Retirement Obligations

2. City: The City of Long Beach and any department or agency identified herein.

3. Contractor / Proposer: Organization/individual submitting a proposal in response to this RFQ.

4. Department / Division: City of Long Beach Utilities Dept.

5. LBU: Long Beach Utilities Department

6. May: Indicates something that is not mandatory, but permissible

7. OSHA: Occupational Safety and Health Administration

8. RFP: Request for Proposals

9. Shall/Must: A mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a proposal as non-responsive.

10. Should: Something that is recommended, nut not mandatory. If the Contractor fails to provide recommendation information, the City, may, at its sole option, ask the Contractor to provide the information or evaluate the proposal without the information.

5.2 Subcontractor: A third-party not directly employed by the Contractor, who will provide services identified in this RFP. Solicitation Terms & Conditions

1. LBU reserves the right to alter, amend, or modify any provisions of this RFQ, or to withdraw this RFQ, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the City to do so.

2. LBU reserves the right to request clarification of any proposal term from Proposers.

3. LBU may contact the references provided; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

4. The level and term of documentation required from the Proposer to satisfy LBU will be commensurate with the size and complexity of the contract and Proposers should submit accordingly. If the information submitted by the Proposer, or available from other sources, is insufficient to satisfy LBU as to the Proposer’s contractual responsibility, LBU may request additional information from the Proposer or may deem the proposal non-responsive.

5. LBU reserves the right to waive informalities and minor irregularities in proposals received.

6. LBU reserves the right to reject any or all proposals received prior to contract award.

7. LBU determination of the Proposer’s responsibility, for the purposes of this RFQ, shall be final.

8. Unless otherwise specified, LBU prefers to award to a single Contractor but reserves the right to award contracts to multiple contractors.

9. LBU shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the City of Long Beach after all factors have been evaluated.

10. If LBU receives a single responsive, responsible proposal, LBU may request an extension of the proposal acceptance period and/or conduct a price or cost analysis on such proposal. The Proposer shall promptly provide all cost or pricing data, documentation and explanation requested by LBU to assist such analysis. By conducting such analysis, LBU shall not be obligated to accept the single proposal. LBU reserves the right to reject such proposal or any portion thereof.

11. Any irregularities or lack of clarity in the RFQ should be brought to the Purchasing Division designee’s attention as soon as possible so that corrective addenda may be furnished to Proposers.

12. Proposals must include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements and the Proposer’s standard contract language. The omission of these documents may render a proposal non-responsive.

13. Alterations, modifications or variations to a proposal may not be considered unless authorized by the RFQ or by addendum or amendment.

14. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

15. Proposals may be withdrawn by written notice received prior to the proposal opening time.

16. The price and amount of this proposal must have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other Contractor or prospective Contractor.

17. No attempt may be made at any time to induce any firm or person to refrain from submitting a proposal or to submit any intentionally high or noncompetitive proposal. All proposals must be made in good faith and without collusion.

18. Prices offered by Proposers in their proposals are an irrevocable offer for the term of the contract and any contract extensions. The Awarded Contractor agrees to provide the purchased services at the costs, rates and fees as set forth in their proposal in response to this RFQ. No other costs, rates or fees shall be payable to the Awarded Contractor for implementation of their proposal.

19. LBU is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing the proposals or any other such expenses incurred by the Proposer in responding to the RFQ, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by LBU.

20. Proposal will become public record after the conclusion of the negotiation process and before final approval by the awarding body unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

21. A proposal submitted in response to this RFQ must identify any subcontractors and outline the contractual relationship between the Proposer and each subcontractor. An official of each proposed subcontractor must sign and include as part of the proposal submitted in response to this RFQ, a statement to the effect that the subcontractor has read and will agree to abide by the Proposer’s obligations.

22. If the Contractor elects to use subcontractors, LBU requires that the Awarded Contractor provide proof of payment of any subcontractors used for this project. Proposals shall include a plan by which LBU will be notified of such payments.

23. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFQ. Any such relationship that might be perceived or represented as a conflict should be disclosed. LBU reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

24. Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. LBU reserves the right to reject any proposal based upon the Proposer’s prior history with the City, LBU or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

25. LBU reserves the right to negotiate final contract terms with any Proposers selected. The contract between the parties will consist of the RFQ together with any modifications thereto, and the Awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of LBU during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFQ, any modifications and clarifications to the Awarded Contractor’s proposal, and the Awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

26. LBU will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the LBU Contact.

27. Any contract resulting from this RFQ shall not be effective unless and until approved by the Board of Commissions / General Manager, as applicable.

28. LBU will not be liable for Federal, State, or Local excise taxes.

29. Execution of Attachment A of this RFQ shall constitute an agreement to all terms and conditions specified in the RFQ, including all contract terms and conditions therein, except such terms and conditions that the Proposer expressly excludes.

30. Proposer understands and acknowledges that the representations above are material and important, and will be relied on by LBU in evaluation of the proposal. Any Proposer misrepresentation shall be treated as fraudulent concealment from LBU of the true facts relating to the proposal.

31. Proposals shall be kept confidential through the negotiation process.

32. No announcement concerning the award of a contract as a result of this RFQ may be made without the prior written approval of LBU.

Proposers are advised that any contract awarded pursuant to this procurement process that exceeds $100,000 shall be subject to the applicable provisions of Long Beach Municipal Code Section 2.73 et seq, the Equal Benefits Ordinance.

33. All Proposers shall complete and return, with their bid, the Equal Benefits Ordinance Compliance form contained in Attachment B, if applicable. Unless otherwise specified in the procurement package, Proposers do not need to submit with their bid supporting documentation proving compliance. However, supporting documentation verifying that the benefits are provided equally shall be required if the proposer is selected for award of a contract.

5.3 Contract Terms & Conditions

1. The Awarded Contractor will be the sole point of contract responsibility. LBU will look solely to the Awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFQ, and the Awarded Contractor shall not be relieved for the non-performance of any or all subcontractors.

2. The Awarded Contractor must maintain, for the duration of its contract, insurance coverages as required by LBU. Work on the contract shall not begin until after the Awarded Contractor has submitted acceptable evidence of the required insurance coverages. As a condition precedent to the effectiveness of this contract, Contractor shall procure and maintain at Contractor’s expense for the duration of this contract from an insurance company that is admitted to write insurance in the State of California or that has a rating of or equivalent to an A:VIII by A.M. Best and Company the following insurance:

a. Commercial general liability insurance equivalent in coverage scope to ISO CG 00 01 10 93 naming the City of Long Beach, the State of California, and their Boards, officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO CG 20 10 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out activities performed by or on behalf of the Contractor in an amount not less than One Million Dollars (US $1,000,000) per occurrence and Two Million Dollars (US $2,000,000) in general aggregate. Such insurance shall not exclude XCU (explosion, underground, and collapse) perils, sudden and accidental pollution and cleanup liability, or mobile equipment.

b. Workers' Compensation as required by the State of California and endorsed, as applicable, to include United States Longshoremen and Harbor Workers' Compensation Act coverage and Jones' Act coverage, and Employer's Liability insurance with minimum limits of One Million Dollars ($1,000,000) per accident or occupational illness. The policy shall be endorsed with a waiver of the Contractor’s and its insurer's rights of subrogation against the City of Long Beach, the State of California, and their departments, boards, officials, employees, and agents.

c. Commercial automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06 92 in an amount not less than One Million Dollars (US $1,000,000) combined single limit (CSL) covering Symbol 1 (“any auto”).

d. Professional liability or errors and omissions liability insurance in an amount not less than One Million Dollars ($1,000,000) per claim covering the services provided pursuant to this Contract.

e. Umbrella liability insurance or Excess liability insurance on a following form basis insurance in excess of the coverage provided by (a) and (d), including additional insured coverage for (a) only, in an amount not less than Twenty Million Dollars ($20,000,000) per claim and in aggregate.

f. If Contractor uses AIRCRAFT, Aircraft Liability Insurance as follows:

Limit of Insurance: $10,000,000 Per Occurrence/Annual Aggregate Policy shall be endorsed with a Waiver of Subrogation Endorsement and an Additional Insured Endorsement naming the City of Long Beach, the State of California, and their Boards, officials, employees, and agents as additional insureds.

g. If Contract involves the removal, transportation and/or disposal of hazardous materials, Pollution/Environmental Impairment Liability Coverage shall be required as follows

i. Limits of Insurance: $2,000,000 Per Occurrence/Per Claim and $4,000,000 Per Occurrence/Per Claim – Policy Aggregate

ii. Claims Made coverage must be maintained for a period of at least three

(3) years after final payment under the Contract.

iii. The City, the State of California and their officials, employees, and agent shall be added as an additional insured, and the policy shall contain no insured vs. insured exclusion.

iv. The pollution/environmental impairment liability insurance shall include coverage for, without limitation:

1. Bodily injury and property damage to third parties

2. Natural resource damages

3. Pollution clean-up costs, including restoration or replacement costs

4. Defense costs

5. Fines, penalties and punitive damages

6. Transportation of waste material by or on behalf of the Covered Part

7. Disposal liability for pollution conditions on, at, under, or emanating from any disposal site, location or facility used by or on behalf of the Contractor for disposal of waste.

8. Contractual Liability Coverage

9. Lead, Silica, Asbestos and Mold Coverages

10. Underground Storage Tank Coverage All insurance coverage shall be maintained until all hazardous materials are disposed of in an EPA licensed disposal facility and federal, state and local environmental requirements and laws have been complied with, whether such compliance is the obligation of the Contractor, subcontractors, the City or third parties.

All disposal facilities shall provide the City upon request and the Contractor with written evidence that they are licensed EPA disposal facilities and that they maintain pollution liability insurance of not less than $2,000,000 Per Occurrence/Per Claim, which covers all claims arising from the disposal facilities’ handling and storage of hazardous materials. Pollution liability insurance for the transportation of the hazardous material shall be carried by the transporter with limits not less than $2,000,000 Per Occurrence/Per Claim.

h. If Contractor uses WATERCRAFT, Watercraft Liability Insurance as follows:

The Contractor shall procure and maintain during the term of this Contract, at its own expense, watercraft liability coverage with either Marine Liability, Protection & Indemnity Coverage, or the Boats Endorsement 24 12 11 85, or comparable endorsement, on the General Liability Coverage. Coverage shall be equivalent to the cover provided by members of the International Group of Protection and Indemnity Associations. The cover shall include liability for collision and damage to fixed and floating objects.

Limit of Insurance: $10,000,000 Per Occurrence/Annual Aggregate Policy shall be endorsed with a Waiver of Subrogation Endorsement and an Additional Insured Endorsement naming the City of Long Beach, the State of California, and their Boards, officials, employees, and agents as additional insureds.

i. If Contract involves rigging (furnishing the material hoist services), Riggers Liability Insurance as follows:

Riggers Liability Insurance, either by separate policy or endorsement on the General Liability Policy. With a Rigger’s Liability Limit of at least $2,000,000 Per Occurrence

j. If construction is to be conducted within 50 feet of a railroad, Railroad Protective Liability Insurance as follows:

the Contractor shall be responsible to purchase Railroad Protective Liability coverage.

Insurance policies (as applicable and at City’s discretion) to be obtained and maintained by the City:

k. Environmental Impairment Cleanup or Pollution Liability and Clean-up Insurance - Coverage shall be for:

Pollution damage, including but not limited to clean-up costs, subsidence- related loss, and loss of business in the amount of at least $100,000,000 (one hundred million US dollars). For coverage (k) only, this may be provided by the City at its sole discretion.

Any self-insurance program or self-insurance retention must be approved separately in writing by City and shall protect the City of Long Beach and its officials, employees, and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention provisions. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice to City, and shall be primary and not contributing to any other insurance or self-insurance maintained by City.

Any subcontractors which Contractor may use in the performance of this contract shall be required to indemnify the City to the same extent as the Contractor and to maintain insurance in compliance with the provisions of this section.

Contractor shall deliver to City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. “Claims-made” policies are not acceptable unless City Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. If a “Claims-made” policy is accepted, it must provide for an extended reporting period of not less than three (3) years. Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this contract. City reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval of City Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this contract.

3. 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. Additional information is available at www.longbeach.gov/finance/business_license.

4. All work performed in connection with construction shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of Sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction.

5. Awarded Contractor shall indemnify, protect and hold harmless City, its Boards, Commissions, and their officials, employees and agents (“Indemnified Parties”), from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, including attorneys’ fees, court costs, expert and witness fees, and other costs and fees of litigation, arising or alleged to have arisen, in whole or in part, out of or in connection with (1) Awarded Contractor’s breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the Awarded Contractor’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code Section 1770 et seq. or (2) negligent or willful acts, errors, omissions or misrepresentations committed by Awarded Contractor, its officers, employees, agents, subcontractors, or anyone under Awarded Contractor’s control, in the performance of work or services under this Contract (collectively “Claims” or individually “Claim”).

6. In addition to Awarded Contractor’s duty to indemnify, Awarded Contractor shall have a separate and wholly independent duty to defend Indemnified Parties at Awarded Contractor’s expense by legal counsel approved by City, from and against all Claims, and shall continue this defense until the Claims are resolved, whether by settlement, judgment or otherwise. No finding or judgment of negligence, fault, breach, or the like on the part of Awarded Contractor shall be required for the duty to defend to arise. City shall notify Awarded Contractor of any Claim, shall tender the defense of the Claim to Awarded Contractor, and shall assist Awarded Contractor, as may be reasonably requested, in the defense.

7. If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, Awarded Contractor’s costs of defense and indemnity shall be (1) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified Parties.

8. Any requests for reasonable price adjustments must be submitted 60 days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be justified based upon verifiable criteria such as the Consumer Price Index, US City Averages, or other relevant indices.

9. If the Awarded Contractor elects to use subcontractors, Awarded Contractor agrees to require its subcontractors to indemnify Indemnified Parties and to provide insurance coverage to the same extent as Awarded Contractor.

10. If the Awarded Contractor elects to use subcontractors, the Awarded Contractor shall not allow any subcontractor to commence work until all insurance required of subcontractor is obtained.

11. The provisions of this section shall survive the expiration or termination of this Contract.

12. Awarded Contractor agrees that all public work (as defined in California Labor Code section 1720) performed in relation to this Project (the “Public Work”), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. If there is a difference between the general prevailing wage rates determined by the Director of the Department of Industrial Relations and the applicable minimum wage rates determined by the Secretary of Labor (federal) for similar classifications of work, the Contractor and its Subcontractor of every tier shall pay their workers not less than the higher wage rate. Contractors are required to pay at least the California minimum wage for the basic hourly rate in all cases where the published prevailing wage rate is below the California minimum wage. Any and all employer payments required by the prevailing wage determinations must also be paid. If the California minimum wage is increased in the future to an amount above that shown in the prevailing wage determination, the basic hourly rate in that determination automatically increases to the new minimum wage.

In all bid specifications, contracts and subcontracts for any such Public Work, Awarded Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract, and post them at each job site. Such bid specific actions, contract or subcontract must contain the following provision: “It shall be mandatory for the Awarded Contractor to pay not less than the said prevailing rate of wages to all workers employed by the Awarded Contractor in the execution of this contract. The Awarded Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1776.” Copies of the prevailing rate of per diem wages are on file at the Labor Compliance Office of City Hall, which shall be made available to any interested party on request.

5.4 Additional Requirements

Specifications and Standards:

All work embraced herein shall be done in accordance with the applicable requirements provided in "STANDARD SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION, 2003 EDITION", adopted by the City Council of the City of Long Beach, the City of Long Beach Standard Plans, January, 2003 Edition and any amendments thereto, and in accordance with these Special Provisions.

Whenever reference is made to "Standard Specifications," it shall be deemed to mean "STANDARD SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION, 2003 Edition."

Whenever reference is made to "Federal Regulations" it shall be deemed to mean the "Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards, 49 C.F.R. 192, Revised August 24, 2022."

If the bidder believes that a conflict exists between said documents or said documents and the bid form, the bidder shall request in writing an interpretation of said documents prior to the filing of the Bid. If the bidder fails to make such a request, then Long Beach Utilities (LBU) will assume that no conflict exists. If the bidder is awarded a contract, the bidder shall be bound by the Plans, Specifications, and Bid and shall perform the required work at the price bid.

Information Provided During the Bid Period:

The bidder may, prior to bid opening but not later than seven (7) working days prior to bid opening, request in writing from LBU clarification of the Plans and Specifications. If it is determined, at LBU’s sole discretion, that there is a need for clarification, the Director will issue an Addendum to all prospective bidders. No verbal requests will be honored. No verbal clarifications can be given but, if any City employee makes any verbal statements, the bidder acknowledges by submitting a Bid that said employee had no authority to make such statement and warrants that the bidder did not rely on such statements.

Pre-Construction Conference:

Prior to the commencement of the project and after execution of the contract, Contractor must contact LBU’s Engineering & Pipeline Maintenance Bureau Corrosion Supervisor at (562) 570-2083 to make arrangements for a pre-construction conference with all interested parties.

Permits and Notices:

All required permits of any nature shall be furnished and paid for by the Contractor.

Permits for Work within Long Beach Unless otherwise specified, the contractor shall coordinate with City of Long Beach Utilities Department project engineer to obtain an excavation permit from the City of Long Beach Department of Public Works Department (411 West Ocean Blvd. 5th Floor, Long Beach, telephone 562-570-6530) for excavations in the public right-of- way within the City of Long Beach (COLB).

The Contractor shall obtain a well permit from the City of Long Beach Department of Health and Human Services (2525 Grand Ave., Long Beach, telephone 562-570-4132), for any well located within the City of Long Beach.

Permits for Work within Signal Hill Unless otherwise specified, for any work performed within the city limits of Signal Hill, the contractor shall obtain an excavation permit from the City of Signal Hill Department of Public Works Department (2175 Cherry Ave., Signal Hill, telephone 562-989-7352) for excavations in the public right-of-way within the City of Signal Hill (COSH).

The Contractor shall obtain a well permit from the City of Signal Hill Department of Public Works Department (2175 Cherry Ave., Signal Hill, telephone 562-989-7352), for any well located within the City of Signal Hill.

Notices The Contractor shall give advance notice shown below to the proper Agency office, prior to the time each of the following operations is to be commenced:

Advance Operation Office Phone Notice

*Notice for these operations may be given in writing to the Inspector at the job site in lieu of calling the office.

The Contractor shall also contact Underground Service Alert of Southern California at 1

- (800) 422-4133 not less than 48 hours prior to excavating in each area.

The Contractor shall notify the City of Long Beach, Department of Public Service, Traffic Operations Division at least 48 hours in advance of excavating around, or adjacent to, any traffic signal facilities in the City of Long Beach. For traffic signal notification, contact the Traffic Signal Section, telephone (562) 570-2768. All repair work required for these facilities will be performed by the Traffic Signal Section, Bureau of Public Service unless otherwise authorized or directed by the Director of Public Works. In either case, the Contractor shall be responsible for, and bear all costs for, any required remedial work due to damage caused by its operations.

Examination of Site and Work:

In supplement to Subsection 2-5.1, “General” of the Standard Specifications the following shall apply:

Bidders must examine the location, physical conditions and surroundings of the proposed work and judge for themselves the extent to which these factors will influence the performance of the work. The plans for the work depict conditions as believed by LBU to exist. It is not intended nor is it to be inferred that the conditions as shown thereon constitute a representation, expressed or implied by the City that such conditions actually exist. The City or any of its officers shall not be liable for any loss sustained by the Contractor as a result of any variance between conditions as shown on the plans or referred to in the specifications and the actual conditions revealed during the progress of the work.

Each bidder must inform themselves fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all equipment, tools and labor necessary to carry out the provisions of his contract.

It is the bidder’s responsibility to determine, by site inspection prior to bidding, street and sidewalk surface conditions and paving requirements and include the appropriate cost in the base price bid for the well abandonment. No additional compensation will be paid to the Vendor for extra paving required conditions that can be readily identified, prior to the start of work.

All bids must be accompanied by a signed copy of the “Certification of Site Examination.”

Inspection:

A LBU Inspector will be designated to act on behalf of LBU to monitor the quality of the work from the standpoint of compliance with Specification requirements. If, in the opinion of the Inspector, the quality of the construction work is not satisfactory, the Inspector may direct the Contractor to take whatever steps are necessary to bring the quality of the work up to Specification standards or to stop the progress of the work, whichever is appropriate. The Contractor shall comply with all verbal and written orders issued by the Inspector.

Warranty:

The Contractor shall warranty all work done against failure due to defective materials and/or faulty workmanship during construction for a period of five (5) years from date of acceptance of the completed project by LBU unless some other period is expressly set forth.

Whenever any work is to be guaranteed or maintained by a manufacturer, supplier or Subcontractor, said obligations shall be that of the Contractor insofar as LBU is concerned.

5.5 Standard Specifications - Modifications

Section 1 - Terms, Definitions Abbreviations, Units of Measure, and Symbols:

Any term used herein, whether or not capitalized that is defined in Part 1 of the Standard Specifications shall have the meaning stated in said Section.

Section 1-2, "Definitions," of the Standard Specifications is supplemented by the following:

Director – The Director of Long Beach Utilities or designated representative.

Inspector – An individual employed by Long Beach Utilities to oversee construction of the City’s natural gas infrastructure.

Long Beach Utilities – A department of…