REQUEST FOR QUOTATION (RFQ)

TO PROVIDE FABRICATION AND WELDING SERVICES

I. SCOPE OF WORK

The Long Beach Utilities Department (LBU) is requesting quotes for Fabrication and Welding Services in accordance to the Utilities Department needs and /or fund availability.

The contractor shall provide all materials, tools, parts, equipment, and labor necessary to provide the services. The Contractor shall be located within a twenty (20) mile radius of LBU facilities. If no bidders meet this proximity requirement, the nearest vendor meeting this requirement may be considered.

The Contractor shall be capable of fabricating and welding the following material, but not limited to: stainless steel, aluminum, brass, plastic, black steel, and titanium.

Fabricating and welding services shall include, but not limited to: selects, cuts, shapes, fabricates, welds, bonding, mills, lathes, threads, and taps. Additionally, Contractor shall diagnose, troubleshoot, fabricate, modify, or repair mechanical instruments.

All work shall be done within (5) five days unless more time is needed by the contractor with approval by LBU. Contractor shall be capable of providing pickup and delivery services from and to LBU when requested. Additionally, Contractor shall have the capability to perform work at LBU facilities and other locations throughout the City of Long Beach. Response time for work at LBU facilities and other city locations shall be within two (2) hours.

II. SUBMITTAL INSTRUCTIONS

Quotes shall be submitted as follows:

• Email: Matthew.Franzman@lbwater.org

Quotes are to be received by Friday, March 31, 2023 no later than 11:00 A.M, Quotes received after the date and time will not be considered for the service. LBU reserves the right to reject all quotes.

III. CONTRACT PERIOD

The contract shall be for a term of one (1) year.

https://lbutilities.org/

IV. BASIS OF AWARD

Quantities will not be considered in making this award. The award will be based on the rates given; along with meeting the specification requirements stated herein. LBU reserves the right to request fabrication service at the proposed rates depending on the actual needs.

LBU may award a single contract embracing all Bid items or separate contracts each embracing one or more Bid items, or include or exclude Bid items from the Contract if LBU believes it is in their best interest.

V. 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.

VI. CONTRACTOR ORIENTATION MEETING

Awarded Contractor may be required to attend an orientation meeting prior to the commencement of the contract. LBU representatives will review the requirements of the Specifications with the Contractor awarded the Contract.

VII. SHIPPING (SPECIAL) INSTRUCTIONS

FOB: 1731 E. 33rd Street 1950 Redondo Ave.

Long Beach, CA 90807 Long Beach, CA 90806

VIII. COST

Vendor shall provide rates for fabrication and welding services requested during the term of the contract. The price quote shall also include ALL associated fees to provide the services. Other cost NOT listed in the price quote may not be added at the time of invoicing. Rates for fabrication and welding services shall be held firm for the one-year term; increase of rates are not acceptable. LBU reserves the right to cancel the contract if rates are increased within the term of the contract.

IX. RIGHT TO REJECT QUOTE

LBU 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.

X. FUTURE AMENDMENTS

LBU 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 such revisions shall be accomplished by an amendment to the Contract approved by LBU and executed by the Contractor and the LBU.

XI. INSURANCE

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

XII. LEGAL DISCLOSURE

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

XIII. 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.

Bidder must possess all required fabrication and welding licenses at the time of submitting a quote. Contractor shall maintain said license during the entire term of the contract.

Bidder shall submit a copy of their fabricating and welding license(s) upon request from LBU. Failure to provide requested information and/or documents may disqualify the quote or terminate the contract.

All permits and licenses necessary to perform the services shall be secured by Contractor at the Contractor's own expense. Contractor shall pay all taxes properly assessed against any equipment or property used or required in connection with the performance of the services.

XIV. LIQUIDATED DAMAGES

Time is of the essence in performance hereunder. If the Contractor fails to meet the service, delivery schedule, LBU shall deduct the sum of Fifty Dollars ($50.00) per calendar day for each order that does not meet the service delivery/schedule, as liquidated damages and not as a penalty for breach.

Liquidated damages for items returned to the Contractor for deficiency corrections shall start on the eleventh day after delivery to Contractor and continue until equipment is returned to LBU.

XV. CONTRACTOR’S ONSITE PERSONNEL

The Contractor shall furnish certified employees and show proof of such qualification when requested by LBU. All personnel shall be able to work from sketches or blueprints when required and make measurements and/or sketches for use in fabrication and welding of parts to be used in connection with a service.

Each person performing fabricating and/or welding services under these Specifications shall be a regular employee of the Contractor. During all working hours, Contractor's employees shall be attired in clean, neat appearing, and well fitted uniforms bearing Contractor's identification and shall have in their possession an identification card with photograph identifying them as an employee of the Contractor. Employees performing services for LBU shall also wear in full view LBU identification badges. Vendor shall provide means for LBU to contact Contractor’s employees while on duty (i.e., cell phone).

Note that LBU will provide access to all locations. Contractor shall not admit any person into the work area who is not an employee of LBU or Contractor. Contractor’s personnel shall have the appropriate identification with them at all times.

When, in the opinion of LBU, an employee of the Contractor is incompetent, disorderly, or otherwise unsatisfactory, LBU shall notify the Contractor in writing of the basis of LBU's dissatisfaction and that employee will be barred from LBU worksites and not allowed onto any LBU worksites without prior approval of LBU. Contractor shall provide an immediate replacement for that employee until the matter can be resolved. Replacement employee must adhere to all requirements specified in this quote.

XVI. ESTIMATES

Contractor shall provide written estimates at no additional cost to the LBU for each service request. Written estimate shall include estimated hours and/or any materials or supplies needed to complete the service. A verbal approval is acceptable; work completed without written and/or verbal consent from LBU shall not be the responsibility of LBU. If any additional work required that does not have prior approval, the Contractor shall make no attempt to complete such work, but shall contact LBU immediately of the issue. The Contractor may be asked to submit a written quote for additional work.

Hourly rates shall include all costs associated with the requested service and be the total cost to LBU, including but not limited to labor, equipment, consumable materials, small tools, and repairs.

XVII. SERVICES

LBU shall order services by issuing release notices as services are needed during the Contract period. Response time for welding repairs and or services shall be within 48 hours after receipt of order. LBU may request contractor to perform services at LBU site or LBU may deliver part(s) to contractor site for repair; LBU shall determine the option upon the initial repair service request. Service repair shall be completed within 7 business days from time of delivery by LBU or pick up by contractor. If the Contractor is unable to meet these terms, they must contact LBU and explain in writing (email) the reason(s) for the delay in repair completion.

Once receiving notice that the repair service is complete LBU shall have the option to have the contractor delivery the part to the LBU site or LBU may pick up the part at the contractor site; LBU shall determine the option upon receiving notice that the repair service is complete.

Unless specifically directed otherwise all deliveries shall be delivered Monday through Friday between the hours of 8:00 a.m. and 2:30 p.m. The parts or equipment shall be delivered complete, f.o.b. Long Beach Utilities Department Operations Service Center, 1731 East 33rd Street, Long Beach, California. The LBU will not be held liable for the parts or equipment while in transport until the department has received the parts or equipment, which is standard for most purchases by cities, individuals, etc.

The contractor shall be liable for all loss or damage to the equipment and/or material while in its possession or the possession of any of its agents. Contractor shall reimburse the city for any loss or damage to said equipment and/or material in its or its agents care or custody.

Listed below are services the LBU may request. Bidder must indicate with a check mark, in the spaces provided, for each line, if they COMPLY with the specifications for that line. Failure to properly complete this required information may result in bid being rejected and may be deemed as non-responsive.

Service Yes No

Heat Treating Service

Forming Service

Sand Blasting Service

Galvanizing Service

Roll Materials Service

Water Jet Service

Plasma Cut Service

Welding Service

Punch / Drill Hole Service

Sheer / Sawing Service

Blanchard Grinding Service

Large Capacity Grinding Service

Listed are samples of task that may be requested; but is not limited to:

- Machine flanges, pipe, and solid bars.

- Machine and repair threads and grooves.

- Machine meter and water key sockets.

- Complete services with lathes, radial drills, and boring mills.

- Fabricate air hoses and suction hoses.

- Fabricate shafts and linkages.

- Drilling and tapping of metal.

- Welding Metals

- Onsite Welding

- Replication of metal parts based on LBU request.

- Fabrication based on dimensions and/or specifications that are provided by LBU.

- Shape and/or cut metals based on LBU request.

- Drill/cut cement line pipe based on LBU request.

- Tapping and threading; such as, iron pipe thread (NPT), hose thread, bolt thread, tapered threads, fine thread, and British threads.

XVIII. EMERGENCY/ URGENT ORDERS

Contractor shall be available Monday through Sunday, for emergency/urgent orders.

Contractor shall provide emergency/urgent orders. Emergency/urgent orders shall be authorized by LBU prior to commencing service. A verbal approval is acceptable; work completed without written and/or verbal consent from LBU shall not be the responsibility of LBU. The Contractor shall bill emergency/ urgent orders at the hourly rates indicated in their quote, and shall state emergency/ urgent order when invoicing for the emergency/ urgent order. Emergency/ urgent orders shall be completed within one (1) business day after receiving request and approval from LBU.

LBU shall have the option to have the contractor delivery the emergency/ urgent order to LBU site or LBU may pick up the emergency/ urgent order at the contractor site; LBU shall determine the option upon approving the emergency/urgent order.

Failure to respond to emergency/ urgent order or failure to provide competent responsive service may be cause for termination of the Contract or LBU may exercise the right to call another company to respond. The expense of this service call shall then be charged to and paid by the Vendor.

XIX. DAMAGES

When completing fabrication or welding service at LBU facilities or locations throughout the City of Long Beach the Contractor shall take all reasonable precautions to ensure that City property, buildings, grounds, equipment, furnishings, and other items are properly protected from damage at all times. Reasonable precautions may include, but are not be limited to, protective material placed over objects or items, objects or items carefully moved away from work areas, or other such actions that may be necessary to prevent damages. Contractor shall be responsible for any damages caused by actions of its personnel during the course of setting up, working, or removing from work sites its equipment, materials, and supplies.

The Contractor shall be held responsible for all or any damages to LBU building structures, property, etc., and shall further be responsible to replace, repair and make restitution to the LBU’s satisfaction for such damage as incurred by the Contractor. Any damage to property from any cause which might have been prevented by the Contractor, Contractor's employees or agents shall be repaired at the Contractor's own cost and expense.

The Contractor shall notify a LBU representative or designee immediately if an area is obstructed from completing the services through no fault of the Contractor.

XX. PAYMENT

Payment for parts and/or service shall be made in due course of payments of LBU after completion of delivery/service and acceptance by LBU; and upon receipt of an invoice from the Contractor.

The Contractor shall send a hard copy invoice to the LBU Accounts Payable, 1800 E.

Wardlow Rd., Long Beach, CA 90807 or Contractor can send an invoice electronically to WaterFinance@lbwater.org, with each billing.

The Contractor shall not invoice for goods, materials, supplies, or services before items have been received and/or service has been completed. Payment will not be authorized until merchandise has been received or service is complete.

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

XXI. PUBLIC WORK AND PREVAILING WAGES

In the performance of public work under any Contract, Contractor shall comply with the provisions of Standard Specifications for Public Works Construction, latest edition, and Long Beach Utilities Department Amendments thereto.

CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor to whom the contract is awarded, along with its subcontractors, shall pay not less than the general prevailing rate of per diem, holiday and overtime wages established by the Department of Industrial Relations (DIR) of the State of California for the locality in which the public work is to be performed for each craft, classification or type of worker needed to execute the contract.

Refer to the California DIR’s website for such prevailing wages and additional information:

http://www.dir.ca.gov/dlsr

XXII. MINIMUM ORDERS/ CALL OUT

No minimum orders or minimum call out will be permitted. Quote indicating a minimum order or minimum call out will be rejected.

XXIII. MISCELLANEOUS SERVICES

Miscellaneous services not listed herein may be purchased by the LBU, from the successful Contractor, providing no purchase exceeds $5,000.00 per order.

http://www.dir.ca.gov/dlsr

XXIV. ADEQUATE MATERIAL

Contractor shall be required to maintain adequate equipment, supplies, and materials for timely services and repairs, as needed by LBU.

The City reserves the right to inspect Contractor’s facility during normal business hours prior to award of the contract.

XXV. DISCOUNT

LBU may purchase additional items not listed on specifications.

Please enter your cost discount allowed to LBU. %

XXVI. SALES TAX

Prices stated herein shall not include sales tax.

XXVII. PUBLIC RECORDS

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

XXVIII. DEFAULT BY CONTRACTOR

The contract may be terminated by LBU without liability for damages when in LBU’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 Vendor, LBU reserves the right to procure the articles or services from other sources and to hold the vendor responsible for any excess costs occasioned to the City thereby.

XXIX. CONFLICT OF INTEREST

Contractor 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 Contractor herein, or does or shall have any direct or indirect financial interest in this Contract.

XXX. QUALIFICATIONS FOR BIDDERS

The Contractor must have been in business providing fabrication and welding services for the last three (3) years. The undersigned hereby declares that the Contractor has been in business for _____ years providing machinery service.

Each bidder shall be fully qualified by ability, knowledge, and experience to satisfactorily perform the work required in these Specifications and shall be engaged in the business of providing fabrication and welding services by the use of its own trained and qualified employees and equipment, materials, and supplies. Additionally, each bidder shall have a good knowledge of the standard practices, methods, tools and materials used in the fabrication trade; considerable knowledge of hazards and safety practices involved in the operation of metal lathes and related machines; ability to work from blueprints, sketches, broken parts, and oral and written instructions; skill in use of calipers, micrometers and gauges; ability to perform fabrication work with a high degree of precision.

The Contractor shall be a qualified commercial fabrication shop. LBU reserves the right to inspect the facilities.

Bidder shall state location of facility where work will be done (street address, City, State):

XXXI. TEMPORARY SUSPENSION OF WORK

LBU representative(s) shall have the authority to suspend work by the Contractor, wholly or in part, for such period as necessary due to unsuitable work conditions, failure of Contractor to carry out direction or failure to perform in accordance with the Contract.

XXXII. NEW AND UNUSED

Any material and/or parts furnished shall be new and unused.

XXXIII. SUBCONTRACTING

Any attempt by the contractor to subcontract any performance of the terms of this contract shall be approved by LBU. LBU shall not be held responsible for any unapproved work completed by a subcontractor. Contractor shall be responsible for any cost resulting from unapproved subcontract repairs. In the event of such a default, LBU may immediately terminate this Contract.

XXXIV. INSPECTION OF WORK

Contractor shall perform service in a timely and professional manner. All work and materials used shall be of the highest quality. All service performed under this contract shall be inspected and signed off by the designated LBU representative. Final inspection and acceptance shall be made after delivery at LBU. Neither inspection, waiving of inspection, nor LBU's acceptance shall relieve the Contractor of the obligation to furnish the products according to these Specifications.

In the event that work performed is deemed by LBU to be deficient or the items not meeting the minimum specified requirements as determined by LBU, shall be returned to the Contractor for compliance. Contractor shall correct noted deficiencies within ten (10) working days at no additional cost to LBU.

XXXV. WARRANTY

Contractor warrants that all service performed under this contract shall be in good working order and shall conform to the Contractor's published specifications.

Contractor shall warrant/guarantee all parts, materials and labor done against failure due to defective material and/or faulty workmanship from date of acceptance of the work by LBU for a minimum of one (1) year.

State warranty period for workmanship/labor _______year/months (Circle One)

State warranty period for parts/equipment _________year/months (Circle One);

If other than the manufacturer’s standard warranty.

Contractor shall repair, modify, correct, or replace all products developing defects, as necessary, within 24 hours after notification by LBU at no cost to LBU.

Any repair work or parts/ material 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/ material replacement. All transportation of equipment for warranty repairs shall be at the expense of the manufacturer unless prior agreement is approved for each instance with the LBU.

XXXVI. SUPPLEMENTAL WORK/ ADDITIONAL AS-NEEDED WORK

LBU may request the contractor to provide supplemental work/additional as-needed work.

Prior to performing any Supplemental Work, Contractor shall prepare and submit a written description of the services with an estimate of labor, materials, tools and equipment, as well as a signature line for the LBU Representative to indicate if the work is approved to start. A separate invoice shall be submitted for each approved Supplemental Work service. No work shall commence without the written authorization of LBU Representative. The signed estimate shall be supplied with each Supplemental Work invoice.

The invoice for Supplemental Work shall show the work completed, and a brief description of work performed. The invoice shall include an itemized list of the costs associated with the task, including any supplies used with their unit price, as well as total cost and labor.

All supplemental work as provided for herein shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted.

LBU reserves the right to bid separately, outside the scope of this bid, for additional work.

There is no guarantee that LBU will request the Contractor to perform any additional work.

Bidder must not rely on receiving a request from the City for additional work in preparing and submitting a quote.

XXXVII. USE OF SPECIAL EQUIPMENT

The contractor shall provide, at its own cost and expense, all other equipment for performing work at all job sites listed. The contractor shall follow all safety requirements in the use of any equipment.

XXXVIII. 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

XXXIX. SAFETY REQUIREMENT/ PRECAUTIONS

All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and adhere to the safety standards outlined by Cal/OSHA.

LBU representative(s) reserves the right to issue restraint or cease orders to the contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract.

The vendor shall additionally accept the sole responsibility for complying with all, city, state, federal, and other legal requirements, including but not limited to compliance with applicable OSHA and Cal/OSHA safety orders. The vendor shall inspect all potential hazards at said facilities and keep a log of date inspected and action taken.

Vendor shall be responsible for instructing employees in safety measures considered appropriate. Contract workers shall not place any equipment in traffic areas or other locations in any manner that would create safety hazards. The Contractor shall at all times ensure the safety of the public, City employees, elected and appointed officials, and others, by posting safety warning signs, safety tape, barricades, traffic cones, or other warning devices around job sites prior to and during the performance of work. The Contractor's personnel must wear safety harnesses, safety ropes and other applicable personal protective equipment at all times when performing high-rise work. In all situations, the Contractor must conform to all Occupational Safety and Health Administration (OSHA) and Industrial Safety Order rules and regulations while performing services.

The contractor is responsible for supplying each employee of the contractor with the necessary personal protective equipment which meets OSHA rules. Personal protective equipment to include safety glasses, shoes, safety shields, face masks, rain gear, leather, etc. All personal protective equipment necessary to perform the service shall be secured by the Contractor at the Contractor's own expense.

XL. MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISE OUTREACH

In accordance with CalEMA/ Grantor directives, as applicable, firms who represent small business enterprises (SBEs), minority business enterprises (MBEs) and women business enterprises (WBEs) are encouraged to participate in competition for this opportunity. Any such enterprise shall include the appropriate SBE/MBE/WBE certification along with its bid. The Awarded Contractor agrees that, to the extent contractors or subcontractors are utilized, the Awarded Contractors shall use small, minority, women-owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable and shall take the affirmative steps as set forth in 49 CFR §13.36(e).

To assist the City in maintaining records of its Minority and Women Outreach Program, Proposer is requested to provide the following information. Answers are optional, and failure to answer will not disqualify quote. If additional space is required, Proposer shall attach a separate sheet.

The following information is submitted regarding the Proposer:

Check all that apply:

Minority Business Enterprises (MBE)

Women Business Enterprises (WBE)

Disadvantaged Business Enterprise (DBE)

Local Business Enterprise (LBE)

Legal Form of Proposer:

Corporation State of __________

Partnership State of __________

General Limited

Joint Venture

Individual DBA

Limited Liability Company State of __________

Composition of Ownership (more than 51% of ownership of the organization):

OPTIONAL

Ethnic (Check one):

Black Asian Other Non-white

Hispanic American Indian Caucasian

Non-ethnic Factors of Ownership (check all that apply):

Male Yes - Physically Challenged Under 65

Female No – Physically Challenged Over 65

Is the firm certified as a Disadvantaged Business: Yes No

Has firm previously been certified as a minority-owned and/or woman-owned business enterprise by any other agency?

Yes No

Name of certifying agency: __________________________________________

XLI. LAWS, ORDINANCES, AND REGULATIONS

Contractor shall keep fully informed and at all times observe and comply with all laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority that affect those employed hereunder.

Contractor and agents and employees of Contractor shall be bound by and comply with all applicable provisions of the California Labor Code and with all Federal, State, and local laws related to labor.

Contractor shall report in writing to the Department any discrepancy or inconsistency in relation to any such law, ordinance, regulation, order, or decree discovered in the Contract, or that may become effective before the expiration of the Contract.

In the performance of this contract, the Contractor agrees it will abide by all federal, state, and local laws, codes, rules and regulations set forth with regard to the equipment by municipal, state, or federal authorities having jurisdiction in effect on the date of this contract.

The Contractor must comply with all applicable OSHA, State, City and Federal regulations with regard to safety precautions throughout the performance of the contract. The Contractor will assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel while rendering services.

The Contractor shall use the appropriate materials and practices for fabrication services in a manner consistent with best industry standards.

BID FORM SECTION

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

ITEMS:

DESCRIPTION: Rate:

1. Journeyman Straight Time $

Hourly Labor Rate (Vendor Site)

2. Helper non-Journeyman Straight Time $ Hourly Labor Rate (Vendor Site)

3. Journeyman Straight Time $ Hourly Labor Rate (LBU/ City site)

4. Helper non-Journeyman Straight Time $

Hourly Labor Rate (LBU/ City site)

5. Journeyman Urgent Request Time $ Hourly Labor Rate

6. Helper non-Journeyman Urgent Request Time $ Hourly Labor Rate

7. Urgent Delivery (same day or next day) $

8. Other Charges (Explain):

Vendor agrees to hold quoted rates firm for one year.

YES___________ NO_____________

Vendor is located within a 20-mile radius of LBU Operations Service Center, 1731 E. 33rd street, Long Beach, CA 90807.

YES___________ NO_____________

Vendor offers Emergency/Urgent Orders

YES___________ NO_____________

Vendor has the capability to perform work at LBU facilities and/or other locations through the City of Long Beach.

YES___________ NO_____________

Quotes must be signed by individual(s) legally authorized to bind the vendor and shall contain a statement that the bid is a firm offer for a 90-day period. LBU reserves the right to request service at the proposed rates depend ing on actual needs and requirement.

LBU does not guarantee usage nor guarantee that all items listed herein will be ordered/purchased during the term of the contract. LBU 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 LBU

REQUEST FOR QUOTATION, SPECIFICATIONS AND TERMS AND CONDITIONS TO

FURNISH AND DELIVER THE ITEMS FOB DESTINATION LONG BEACH UTILITIES

DEPARTMENT, 1731 E. 33rd St., LONG BEACH, CALIFORNIA, 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 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 Water Department or his designated representative(s).

G) General Manager The General Manager of the City of Long Beach Water Department

H) LBU

Long Beach Water Department

3) No charges for taxes, transportation, boxing, packaging, crating or returnable containers will be allowed and paid by LBU unless separately stated hereon. All sales, use, excise or similar taxes to be paid by LBU must be itemized separately hereon and on invoices. LBU is exempt from payment of Federal Excise Tax under Certificate No. 95-73 0502K and none shall be charged to

LBU.

4) LBU’s obligation to pay the sum herein stated for any one fiscal year shall be contingent upon LBU appropriating the necessary funds for such payment by LBU 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 LBU 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 LBU.

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 LBU. Deliveries must be prepaid. C.O.D. shipments will not be accepted.

6) LBU 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 LBU; 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 LBU 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 LBU.

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 LBU’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 LBU’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 LBU, confidential business or technical information that LBU 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. LBU’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 LBU.

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 LBU.

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 LBU 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, LBU 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 LBU and the Contractor.

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

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

28) Contractor shall cooperate with LBU 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 LBU 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 LBU if

Contractor does not timely submit these forms to the appropriate governmental entity. Contractor may contact LBU 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 LBU. 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”.

LBU shall not be liable or responsible in any way for disclosure of any records not marked as “Trade Secrets”, “Confidential” or “Proprietary”. LBU 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) THE FOLLOWING ADDITIONAL CONDITIONS APPLY ONLY IN CASES WHERE CONTRACTOR IS TO PERFORM WORK ON

CITY PROPERTY:

A) If at any time during the progress of the Work, Contractor shall allow any indebtedness to accrue for labor, equipment, or materials, or which may become a claim against LBU, Contractor shall immediately upon request from the LBU 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, LBU may withhold any money due Contractor until such claim or indebtedness is paid or may apply such money toward the discharge thereof; or, in such event LBU 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. Contractor shall pay to LBU the difference between the Contract price and the actual cost to LBU in completing or causing the Work to be completed.

B) 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 The Board of Water 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 Contractor; products and completed operations of Contractor; and premises owned, leased or used by Contractor.

work or materials so injured, damaged, and destroyed, at his own expense and to the satisfaction of LBU. When materials and equipment are furnished by others for installation or erection by Contractor, Contractor shall receive, unload, store, and handle same at the Site and become responsible as though such materials and equipment were being furnished by Contractor under the Contract.

C) Contractor shall procure and maintain at 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 Contractor, 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 Water 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 Contractor; products and…