Request for Quotation - Valve Pre Purchase Package.pdf

REQUEST FOR QUOTATION (RFQ)

VALVE PRE-PURCHASE FOR LARGE POTABLE

WATER VALVE REPLACEMENT PROJECT

WILLOW STREET (EO-3598)

Specifications

WD-52-22

OCTOBER 2022

Board of Water Commissioners Long Beach, California

THIS PAGE INTENTIONALLY BLANK

REQUEST FOR QUOTATION {RFQ)

FOR VALVE PRE-PURCHASE FOR LARGE POTABLE WATER VALVE

REPLACEMENT - WILLOW STREET (EO-3598)

WD-52-22

Approved this day of , 20

Robert J. Verceles

Director of Engineering / Chief Engineer

Authorized this day of , 20_

Christopher J. Garner General Manager

Approved as to Form this \ I day of 20

Charles Parkin

City Attorney

By:

R i c h a rcTAflthony, Principai Deputy City Attorney

17 November 22

21st November 22

TABLE OF CONTENTS

REQUEST FOR QUOTE

INSTRUCTIONS TO EQUIPMENT SUPPLIER

GENERAL CONDITIONS

REQUEST FOR QUOTATION (RFQ)

I. PURPOSE

II. CONTRACT PERIOD

III. EQUIPMENT SUPPLIER ORIENTATION MEETING

IV. BASIS OF AWARD

V. EQUIPMENT SUPPLIER REPRESENTATIONS

VI. COST

VII. RIGHT TO REJECT QUOTE

VIII. FUTURE AMENDMENTS

IX. DELIVERY

X. LIQUIDATED DAMAGES

XI. LEGAL DISCLOSURE

XII. CONFLICT OF INTEREST

XIII. ADEQUATE STOCK

XIV. PAYMENT

XV. MINIMUM ORDERS

XVI. MISCELLANEOUS ITEMS

XVII. SALES TAX

XVIII. DEFAULT EQUIPMENT SUPPLIER

XIX. WARRANTY

XX. INSPECTION

XXI. PUBLIC RECORDS

APPENDIX A: APPLICATION FOR USE TAX DIRECT PAYMENT PERMIT

APPENDIX B: RELEVANT PLAN SHEETS

APPENDIX C: RELEVANT SPECIFICATION SECTIONS

SECTION 01 64 00: INSTALLING OWNER-FURNISHED PRODUCTS………………………..……... 37

SECTION 01 66 00: PRODUCT SHIPMENT AND STORAGE REQUIREMENTS ………….………... 41

SECTION 09 96 56: EPOXY LINING AND COATINGS

SECTION 33 12 12: RESILIANT-WEDGE GATE VALVES….………

SECTION 33 12 14: BUTTERFLY VALVES….…………

Request For Quotation (RFQ) for Valve Pre-Purchase for Large Potable Water Valve Replacement Project – Willow Street (EO-3598)

REQUEST FOR QUOTE

Quotes are invited by the Long Beach Water Department (LBWD) to furnish and store in accordance with Specifications WD-52-22. Ryan.Hiney@lbwater.org

Specifications WD-52-22 is available online https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml under the quote specification number and via email request to Ryan.Hiney@lbwater.org.

LBWD will accept questions within the deadlines listed below. All inquiries regarding this invitation must be submitted in writing via email only to Ryan.Hiney@lbwater.org by the deadline listed below. Responses to the questions will be posted on Long Beach Buys under the quote invitation number. All are recommended to visit the abovementioned website on a regular basis as the responses may be posted earlier than the date listed below.

Deadlines DATE/TIME

Question Submittal 12/05/22 @ 4:00 p.m.

Answers to be posted on Long 12/09/22 @ 5:00 p.m.

Beach Buys under Quote Invitation

Quote Due Date 12/20/22 @ 3:00 p.m.

Quotes are to be received by Tuesday, December 20, 2022, no later than 3:00 p.m. on Long Beach Buys. Quotes received after the quote due date and time will be returned unopened.

The Board of Water Commissioners has the right to reject all quotes. Notice of Intent to Award will be posted on Long Beach Buys under the quote invitation once an EQUIPMENT SUPPLIER has been selected.

Quotes shall be submitted as follows:

The quotes shall be submitted electronically to the LBWD, Office of Purchasing, utilizing the Department’s bid management system, Long Beach Buys. Please visit the Department’s website www.longbeach.gov/finance/business-info/purchasing-division/ “Register with Long Beach Buys” and become a registered EQUIPMENT SUPPLIER at www.longbeach.gov/finance/business-info/purchasing-division/. All documents may be downloaded by registered EQUIPMENT SUPPLIER, free of charge.

Those providing Quotes shall submit an electronic version in Portable Document Format (PDF) of their Quotes in the Long Beach Buys system. Quotes received after the deadline will not be considered. Department will not be responsible for submittals that are not received in Long Beach Buys.

INSTRUCTIONS TO EQUIPMENT

SUPPLIER

1. PREPARATION OF QUOTE:

The preparation of the Quote, including visits to the Site prior to submittal of the Quote, shall be at the expense of EQUIPMENT SUPPLIER. All prices and notations must be typewritten or written in ink. Any markings in pencil shall not form part of the Quote and shall be disregarded by LBWD. Any changes or corrections in the Quote must be initialed in ink by the person signing the Quote. EQUIPMENT SUPPLIER shall state brand name or make of each item bid. If not quoting an item as described, the manufacturer’s name and catalog number of the substitute must be given. EQUIPMENT SUPPLIER shall also attach specifications and furnish other data to establish the suitability of the substitute. EQUIPMENT SUPPLIER shall quote separately on each item.

EQUIPMENT SUPPLIER shall quote his lowest price and best manufacture date as no changes are permitted after the bid opening. Cash discounts offered for payment within fourteen (14) days or less will not be considered when evaluating Quotes. No telephonic, telegraphic, or fax Quotes are acceptable.

NOTE: ALL PAGES OF THE REQUEST FOR QUOTE AND

ATTACHED DOCUMENTS MUST BE RETURNED.

2. EXAMINATION OF QUOTE:

EQUIPMENT SUPPLIER is responsible for examining the Request for Quote and submitting its Quote complete and in conformance with these instructions.

3. DISCREPANCIES IN BID DOCUMENTS:

If EQUIPMENT SUPPLIER finds discrepancies in or omissions from the Request for Quote; if the intent of the Request is not clear; or if provisions of the Specifications restrict EQUIPMENT SUPPLIER from quoting; he may request in writing that the deficiency(s) be modified. Such request must be received by the BUYER per Section 12 at least five (5) working days before quote opening date unless directed otherwise in these Specifications.

EQUIPMENT SUPPLIER will be notified by Addendum of any approved changes in the Request for Quote.

4. ORAL STATEMENTS:

LBWD shall not be bound by oral statements made by any employee or agent concerning this Invitation to Quote. If EQUIPMENT SUPPLIER requires specific information, EQUIPMENT SUPPLIER must request it in writing and obtain a reply in writing from LBWD.

5. BRAND NAMES AND SPECIFICATIONS:

The detailed specifications and/or brand names stated are descriptive only and indicate quality, design, and construction of items required. Offers will be considered to supply articles substantially the same as those described herein, but with minor variations. EQUIPMENT SUPPLIER must describe variations in the Quote. Substitute items must be equal in quality, utility, and performance.

The phrase “or approved equal” throughout the specifications means that LBWD in its sole and absolute discretion shall make the final determination whether or not the substitute items are equal.

6. AWARD:

Quote shall be subject to acceptance by the Board for a period of three (3) months unless a lesser period is prescribed in the quotation by EQUIPMENT SUPPLIER. The Board reserves the right to award all items to one EQUIPMENT SUPPLIER, or to award separate items or groups of items to various EQUIPMENT SUPPLIER’s, or to increase or decrease the quantities of any item. EQUIPMENT SUPPLIER may submit alternate prices or name a lump sum or discount conditional on two or more items being awarded to him.

LBWD’s purchases of goods and services are based on LBWD’s actual needs and requirements. LBWD is obligated under this contract/purchase order to purchase and pay for only those goods and services that LBWD needs and requires, and that LBWD actually orders and receives. Any dollar amount identified as a “not to exceed:” amount in any LBWD document is not a guaranteed payment amount to any EQUIPMENT SUPPLIER or service provider. Furthermore, LBWD may determine that its needs and requirements may be met by LBWD labor or by a second EQUIPMENT SUPPLIER or service provider, even after an award is made to one EQUIPMENT SUPPLIER or service provider. An award is not a promise or guarantee of exclusivity.

EQUIPMENT SUPPLIERS are cautioned that comments and statements, whether oral or written, made by LBWD employees regarding the validity of Quotes, the waiver of deviations from Specifications, the possibility or probability of an award being made to a particular EQUIPMENT SUPPLIER, and other similar matters are NOT binding on the LBWD. EQUIPMENT SUPPLIERS should not order materials, obtain financing or take other actions based on such comments and statements. Only authorization of a Contract by the Board or issuance of a Purchase Order is conclusive and binding on the LBWD with respect to this Quote and its resulting Contract or Purchase Order.

7. SAFETY APPROVAL:

Where required by City Regulations, any items delivered must carry Underwriters Laboratories Approval or LBWD City Safety Officer approval.

Failure to so comply will be caused to reject Quote. Also, any equipment must conform to the Safety Orders of the California Division of Industrial Safety and OSHA regulations.

8. RIGHT TO REJECT:

The Board reserves the right to reject at any time, any or all Quotes or parts thereof, and to waive any variances, technicalities, and informalities, which impair the quality, utility, durability, or performance of the items.

9. PRICES:

Prices shall be in accordance with those extended to other governmental agencies. In case of error in extension of prices, unit prices will govern. All prices must be firm for the Contract term unless LBWD specifically provides for adjustment.

10. QUOTE SUBMITTAL AND WITHDRAWAL OF QUOTES:

Each Quote must be delivered to the location and received on or before the due date and time stated herein. Quotes will not be accepted after the date and time stated herein. It is the sole responsibility of the EQUIPMENT SUPPLIER to ensure that the Quote is delivered on time. Quotes may be withdrawn without prejudice providing the written request is received by LBWD no later than the time set for opening Quotes. Withdrawals will be returned to EQUIPMENT SUPPLIER unopened.

Only one Quote shall be allowed per person, partnership, or corporation unless stated otherwise in these Specifications.

SUBMIT TO:

LBWD through Long Beach Buys

BID DUE DATE: 12/20/2022

TIME: 3:00 PM

IF EQUIPMENT SUPPLIER HAS ANY QUESTIONS REGARDING THIS

INVITATION TO BID PLEASE CONTACT RYAN HINEY AT (562) 714-

0938.

11. QUOTE OPENING PROCEDURES:

All Quotes price information will not be released until the department has reviewed them and award has been approved by LBWD Board and LBWD Attorney. At that time, the information becomes public.

CAUTION: Only the Board has authority to make an award, and an Agreement is not in effect until the Board makes an award and agreement documents (including insurance) are signed, submitted, and approved.

12. AMERICAN WITH DISABILITIES ACT:

EQUIPMENT SUPPLIER shall have and be allocated the sole responsibility to comply with the Americans with Disabilities Act of 1990 (“ADA”) with respect to performance hereunder and EQUIPMENT SUPPLIER shall defend, indemnify and hold LBWD, its officials and employees harmless from and against any and all claims of failure to comply with or violation of the ADA as said claim relates to this Contract.

Large Potable Water Valve Replacement Project – Willow Street (EO-3598)

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) EQUIPMENT SUPPLIER

The EQUIPMENT SUPPLIER whose Quote is accepted and to whom the Contract is awarded, along with any individual, firm or corporation submitting a quote to sell and store the materials or supply’s to be furnished in accordance with these Specifications and called for in the notice of request for quote.

B) Board Board of Water Commissioners of the LBWD.

C) City The LBWD, a municipal corporation of the State of California.

D) Contract These Specifications, the Request for Quote, the Quote of the EQUIPMENT SUPPLIER, and the Agreement entered into pursuant thereto shall constitute the Contract between the Board and the EQUIPMENT SUPPLIER. The Bidder whose Bid is accepted and to whom the Contract is awarded.

E) Engineer General Manager of the Long Beach Water Department or his designated representative(s).

F) General Manager The General Manager of the LBWD Water Department

G) LBWD

Long Beach Water Department

H) Bidder Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the WORK, acting directly or through a duly authorized representative.

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

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

5. EQUIPMENT SUPPLIER 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 EQUIPMENT SUPPLIER 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 LBWD. Deliveries must be prepaid. C.O.D. shipments will not be accepted.

6. LBWD 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 EQUIPMENT SUPPLIER and LBWD; but any claim by EQUIPMENT SUPPLIER for such an adjustment must be made within thirty (30) days of such change.

7. EQUIPMENT SUPPLIER 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 LBWD and shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, in good working

Large Potable Water Valve Replacement Project – Willow Street (EO-3598) 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, EQUIPMENT SUPPLIER shall provide all labor, materials, parts, and equipment to correct such defect at no expense to LBWD.

8. EQUIPMENT SUPPLIER 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 EQUIPMENT SUPPLIER, 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 EQUIPMENT

SUPPLIER 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 EQUIPMENT SUPPLIER. Upon receipt of any notice of such termination, EQUIPMENT SUPPLIER 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. EQUIPMENT SUPPLIER 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 EQUIPMENT SUPPLIER’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 EQUIPMENT SUPPLIER 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 LBWD’s specifications shall be held for EQUIPMENT SUPPLIER’s instructions at EQUIPMENT SUPPLIER’s risk and if EQUIPMENT SUPPLIER so directs will be returned at EQUIPMENT SUPPLIER’s expense.

12. No return or exchange of material, equipment, or supplies shall be permitted without written approval of LBWD’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, EQUIPMENT SUPPLIER 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.

EQUIPMENT SUPPLIER 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 EQUIPMENT SUPPLIER’s failure to comply with said laws, rules, and regulations in connection with the performance of this Contract.

16. EQUIPMENT SUPPLIER shall keep confidential and not disclose to others or use in any way to the detriment of

LBWD, confidential business or technical information that LBWD may disclose in conjunction with this Contract, or EQUIPMENT SUPPLIER 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. LBWD’s failure to object to provisions contained in any communication from EQUIPMENT SUPPLIER 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. EQUIPMENT SUPPLIER 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. EQUIPMENT SUPPLIER shall furnish further itemization and breakdown of the Contract price when requested by

LBWD.

22. EQUIPMENT SUPPLIER, in the performance of any work or the furnishing of any labor under this Contract, shall be considered as an independent EQUIPMENT SUPPLIER. EQUIPMENT SUPPLIER, his agents, and employees shall not be considered as employees of LBWD.

23. EQUIPMENT SUPPLIER 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. EQUIPMENT SUPPLIER shall not discriminate against any employee or applicant for employment or against any other party 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. EQUIPMENT SUPPLIER shall comply with all applicable federal, state, and local laws pertaining to the subject matter hereof.

25. EQUIPMENT SUPPLIER shall submit samples of all documents that EQUIPMENT SUPPLIER may require

LBWD to execute to complete this transaction. By accepting these samples as part of the bid or by awarding the Contract to a EQUIPMENT SUPPLIER who has submitted said samples, LBWD does not agree to the terms stated in said samples. This Request for Quote and EQUIPMENT SUPPLIER’s bid shall take priority over said samples and this Request and EQUIPMENT SUPPLIER’s quote shall become the Contract between LBWD and the

EQUIPMENT SUPPLIER.

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

27. LBWD reserves the right to exercise at its option an increase in expenditures by ten (10) percent annually, but

LBWD does not guarantee such an increase.

28. EQUIPMENT SUPPLIER shall cooperate with LBWD in all matters relating to taxation and the collection of taxes, particularly with respect to the self-accrual of use tax. EQUIPMENT SUPPLIER 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 EQUIPMENT SUPPLIER 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, EQUIPMENT SUPPLIER shall obtain a sub-permit from the California Board of Equalization for the Work site. “Qualified” means that the EQUIPMENT SUPPLIER 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), EQUIPMENT SUPPLIER 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 EQUIPMENT SUPPLIER receives a notice of award. EQUIPMENT SUPPLIER 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 EQUIPMENT SUPPLIER does so, it shall be a material breach of the Agreement. In addition, EQUIPMENT SUPPLIER 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 EQUIPMENT SUPPLIER under this Agreement which are subject to use tax of $500,000 or more shall be allocated to LBWD of Long Beach.

EQUIPMENT SUPPLIER shall not be entitled to and by signing this Contract waives any claim or damages for delay against City and LBWD if EQUIPMENT SUPPLIER does not timely submit these forms to the appropriate governmental entity. EQUIPMENT SUPPLIER may contact LBWD 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. EQUIPMENT SUPPLIER 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 EQUIPMENT SUPPLIERS REGARDING THE PUBLIC RECORDS ACT:

Responses to this Request for Quote become the exclusive property of LBWD. All Quotes submitted in response to this Request for Quote are a matter of public record and shall be regarded as public records. Exceptions will be only those elements in each Quote that are defined by the EQUIPMENT SUPPLIER as business or trade secrets and are marked as “Trade Secrets”, “Confidential” or “Proprietary”.

LBWD shall not be liable or responsible in any way for disclosure of any records not marked as “Trade Secrets”, “Confidential” or “Proprietary”. LBWD 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 EQUIPMENT

SUPPLIER IS TO PERFORM WORK ON CITY PROPERTY:

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

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

C) EQUIPMENT SUPPLIER shall procure and maintain at Equipment Supplier’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 EQUIPMENT SUPPLIER, its agents, representatives, employees or subEquipment Suppliers:

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 EQUIPMENT SUPPLIER; products and completed operations of EQUIPMENT SUPPLIER; and premises owned, leased or used by EQUIPMENT SUPPLIER.

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

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

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

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

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

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

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

All coverages for EQUIPMENT SUPPLIER shall be subject to the requirements stated herein and shall be maintained at no expense to LBWD.

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

Before any of EQUIPMENT SUPPLIER’S employees shall do any Work on LBWD’s property, EQUIPMENT SUPPLIER shall furnish LBWD with the required certificates evidencing that such insurance is being maintained.

Such certificates shall specify the date when such insurance expires. Such insurance shall be maintained until after the Work under the Contract has been completed and accepted.

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

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

E) EQUIPMENT SUPPLIER shall list the name and location of the place of business of each SubEquipment Supplier/vendor who will perform work, labor or services for EQUIPMENT SUPPLIER, or who specially fabricates and installs a portion of the Work or improvement in an amount in excess of one-half of one percent of EQUIPMENT SUPPLIER’S total contract cost.

Large Potable Water Valve Replacement Project – Willow Street (EO-3598)

REQUEST FOR QUOTATION (RFQ) FOR VALVE PRE-PURCHASE FOR

LARGE POTABLE WATER VALVE REPLACEMENT PROJECT WILLOW STREET

I. PURPOSE:

The Long Beach Water Department (LBWD) is requesting quotes for Valve Pre-Purchase for the Valve Pre-Purchase for Large Potable Water Valve Replacement Project – Willow Street in the LBWD, California (PROJECT).

Specifications and plans are for providing material. This quotation is solely for providing materials and for the work items described in the bid form. The items that are not applicable shall be disregarded. The quotation should be based on the following attachments provided:

a. Plan Sheets

b. Specification Section 01 64 00: Installing Owner-Furnished Products

c. Specification Section 01 66 00: Product Shipment Storage and Handling Requirements

d. Specification Section 09 96 56: Epoxy Lining and Coatings

e. Specification Section 33 12 12: Resilient-Wedge Gate Valves

f. Specification Section 33 12 14: Butterfly Valves

II. CONTRACT PERIOD

The contract shall be for a term of two (2) years. Pricing shall be held for the two (2) year term.

No price increase shall be accepted during the two (2) year term.

III. EQUIPMENT SUPPLIER ORIENTATION MEETING

Awarded EQUIPMENT SUPPLIER will be required to attend an orientation meeting prior to the commencement of any work. LBWD representatives will review the requirements of the Specifications with the EQUIPMENT SUPPLIER awarded the Contract.

IV. BASIS OF AWARD

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

LBWD reserves the right to purchase different quantities at the proposed unit prices and percentage discounts depending on actual needs.

V. EQUIPMENT SUPPLIER REPRESENTATIONS

By submitting a quote, EQUIPMENT SUPPLIER 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. COST

EQUIPMENT SUPPLIER shall provide pricing for the listed items, and percentage discount for related items requested during the term of this Contract. The price Quote shall include all associated fees to store the items and coordinate with the Contractor for pick up and acceptance inspection. Other cost NOT listed in the price quote may not be added at the time of invoicing.

Unit prices, and percentage discounts for the items shall be held firm for the two-year term;

decrease of percentage discounts and price increase for listed items is not acceptable. LBWD reserves the right to cancel the contract if unit prices are increased and/or percentage discounts are decreased.

VII. RIGHT TO REJECT QUOTE

The LBWD 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 EQUIPMENT SUPPLIER a competitive advantage over other EQUIPMENT SUPPLIERS.

VIII. FUTURE AMENDMENTS

The LBWD 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 LBWD and executed by the EQUIPMENT SUPPLIER and the LBWD.

IX. DELIVERY

LBWD shall order items by issuing release notices as items are needed during the contract period.

No items shall be furnished until after receipt of a release notice.

EQUIPMENT SUPPLIER must store at their facilities and provide in the material submittal how equipment should be stored such ambient temperature, dust control, vibration, etc.

EQUIPMENT SUPPLIER is not responsible for delivery. Delivery will be coordinated and provided by LBWD’s Contractor. EQUIPMENT SUPPLIER shall coordinate with LBWD’s Contractor.

EQUIPMENT SUPPLIER to coordinate with the LBWD Contractor for acceptable pick up times.

Unless specifically directed otherwise all items shall be picked up Monday through Friday between the hours of 8:00 a.m. and 2:30 p.m. The LBWD will not be held liable for the items while in storage until the department has received the items, which is standard for most purchases by cities, individuals, etc.

Large Potable Water Valve Replacement Project – Willow Street (EO-3598)

X. LIQUIDATED DAMAGES

Time is of the essence in performance hereunder. If the EQUIPMENT SUPPLIER fails to meet the delivery schedule, LBWD shall deduct the sum of Fifty Dollars ($50.00) per calendar day for each order that does not meet the delivery schedule, as liquidated damages and not as a penalty for breach. Liquidated damages for items returned to the selected EQUIPMENT SUPPLIER for deficiency corrections shall start on the eleventh day after delivery to EQUIPMENT SUPPLIER and continue until items are returned to LBWD.

XI. LEGAL DISCLOSURE

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

XII. CONFLICT OF INTEREST

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

XIII. ADEQUATE STOCK

The Awarded EQUIPMENT SUPPLIER shall be required to maintain adequate stock for timely deliveries, for emergency and fill-in orders, and as needed by LBWD. The Awarded EQUIPMENT SUPPLIER must maintain inventory in stock and ready to ship at all times for the duration of the contract. The Awarded EQUIPMENT SUPPLIER must have authorization from manufacturer to distribute items.

XIV. PAYMENT

Payments will be made at the key interim milestones as shown below:

1. Milestone Payment #1 – Submittal package approval, including preparation of all submittals as described in the contract documents, and acceptance of equipment subject to LBWD inspection. (Payment of Quote Item 1)

2. Milestone Payment #2 – Extended Warranties – 5 Year. (Payment of Quote Item 2)

3. Milestone #3 – Spare Parts and Operations and Maintenance Manuals. (Payment of Quote

Item 3)

4. Milestone Payment #4 – Storage of equipment for a period of up to 90 days. (Payment of

Quote Item 4)

5. Milestone Payment #5 – Site Visit for Certification of Proposer Inspection from

Large Potable Water Valve Replacement Project – Willow Street (EO-3598)

Manufacturer. (Payment of Quote Item 5)

The EQUIPMENT SUPPLIER shall send a hard copy invoice to the LBWD Accounts Payable, 1800 E. Wardlow Rd., Long Beach, CA 90807 or EQUIPMENT SUPPLIER can send an invoice electronically to WaterFinance@lbwater.org with each billing.

The EQUIPMENT SUPPLIER shall not invoice for items before items have been received.

Payment will not be authorized until item has been received.

LBWD will pay said invoice in due course of payments, usually no more than thirty (30) days after receipt of the invoice, providing that all items are in accordance with these specifications, inspected and accepted by LBWD.

XV. MINIMUM ORDERS

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

XVI. MISCELLANEOUS ITEMS

Miscellaneous items not listed herein may be purchased by the LBWD, from the successful EQUIPMENT SUPPLIER, provided no purchase exceeds $2,000.00 per order.

XVII. SALES TAX

Unit prices stated herein shall include sales tax.

XVIII. DEFAULT EQUPMENT SUPPLIER

The contract may be terminated by LBWD without liability for damages when in LBWD’s opinion the EQUIPMENT SUPPLIER is not diligently performing the work or otherwise not complying in good faith with the contract.

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

XIX. WARRANTY

EQUIPMENT SUPPLIER must abide by the warranty requirements.

XX. INSPECTION

Final inspection and acceptance shall be made after delivery at LBWD. Neither inspection, waiving of inspection, nor LBWD’s acceptance shall relieve the EQUIPMENT SUPPLIER of the obligation to furnish the products according to all of the provisions as outlined in this RFQ and any referenced provisions.

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

XXI. PUBLIC RECORDS

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

Large Potable Water Valve Replacement Project – Willow Street (EO-3598)

QUOTATION

SUBMIT BY 3:00PM (PST) DECEMBER 20, 2022

LARGE POTABLE WATER VALVE REPLACEMENT – WILLOW STREET

(EO-3598)

Name of Bidder_________________________________________________________

Street Address_________________________________________________________ in the City of __________________________ County of________________________

State of ____________ Zip Code________________ Phone No.__________________

Furnish all labor, materials, equipment, shipping, applicable taxes (F.O.B. by May 15, 2023 and incidentals necessary for the accomplishment of the following specific work items:

Item No. Description Size-Quantity Unit Unit Price Item Total

Furnish 20-Inch Butterfly Valve for Buried Service with Manual Operator per Specifications* **

6 EA $ $

2 Extended Warranties – 5-Year 1 LS $ $

3 Spare Parts and Operations and Maintenance Manuals 1 LS $ $

4 Storage of ALL Equipment for a Period of up to 90 Days 1 LS $ $

5 Site Visits for Certification of Proper Installation (COPI) from Manufacturer 1 LS $ $

SUBTOTAL $

TAX $

TOTAL $

*Refer to Instructions to EQUIPMENT SUPPLIER, Section 7 for method of quote item payment and description of key interim milestones.

**Section 33 12 12 is included for manual operator only.

Actuators and valves shall be assembled, and factory tested per specifications, shipped and delivered to the supplier’s warehouse as a unit.

Delivery Date Valve Manufacturer

Signature of Bidder

Name/Title

Date

Large Potable Water Valve Replacement Project – Willow Street (EO-3598)

APPENDIX A: APPLICATION FOR USE

TAX DIRECT PAYMENT PERMIT

CDTFA-400-DP (FRONT) REV. 5 (8-21) STATE OF CALIFORNIA

APPLICATION FOR USE TAX DIRECT CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

PAYMENT PERMIT

Please type or print clearly. Read instructions on reverse before completing this form.

SECTION I—BUSINESS INFORMATION

NAME OF BUSINESS OR GOVERNMENTAL ENTITY SALE/USE TAX PERMIT NUMBER

BUSINESS ADDRESS (street) CONSUMER USE TAX ACCOUNT NUMBER

CITY, STATE, ZIP CODE

MAILING ADDRESS (street address or P.O. Box if different from business address)

CITY, STATE, ZIP CODE NAME UNDER WHICH BUSINESS IS TO BE TRANSACTED IF DIFFERENT THAN ABOVE

SECTION II—MULTIPLE BUSINESS LOCATIONS

LIST BELOW THE BUSINESS AND MAILING ADDRESSES OF ALL LOCATIONS WHERE PROPERTY PURCHASED UNDER A USE TAX DIRECT PAYMENT CERTIFICATE WILL BE USED. IF ADDITIONAL SPACE IS NEEDED, ATTACH A SEPARATE SHEET.

1. BUSINESS ADDRESS 4. BUSINESS ADDRESS

MAILING ADDRESS MAILING ADDRESS

2. BUSINESS ADDRESS 5. BUSINESS ADDRESS

MAILING ADDRESS MAILING ADDRESS

3. BUSINESS ADDRESS 6. BUSINESS ADDRESS

MAILING ADDRESS MAILING ADDRESS

SECTION III—CERTIFICATION STATEMENT

I hereby certify that I qualify for a Use Tax Direct Payment Permit for the following reason: (Please check one of the following.)

I have purchased or leased for my own use tangible personal property subject to use tax at a cost of five hundred thousand dollars ($500,000) or more in the aggregate, during the calendar year immediately preceding this application for the permit. I have attached a “Statement of Cash Flows” or other comparable financial statements acceptable to the California Department of Tax and Fee Administration (CDTFA) for the calendar year immediately preceding the date of application and a separate statement attesting that the qualifying purchases were purchases that were subject to use tax.

I am a county, city, city and county, or redevelopment agency.

I also agree to self-assess and pay directly to CDTFA any use tax liability incurred pursuant to my use of a Use Tax Direct Payment Permit.

The above statements are hereby certified to be correct to the knowledge and belief of the undersigned, who is duly authorized to sign this application.

SIGNATURE TITLE

NAME (typed or printed) DATE

PHONE NUMBER EMAIL ADDRESS

(See reverse side for general information and filing instructions.)

If applicant is applying for either a sales/use tax permit or a consumer use tax account in addition to a use tax direct payment permit, check here:

CDTFA-400-DP (BACK) REV. 5 (8-21)

USE TAX DIRECT PAYMENT PERMIT

General Information and Filing Instructions

Revenue and Taxation Code section 7051.3 authorizes CDTFA to issue a Use Tax Direct Payment Permit to qualified applicants. This permit allows purchasers and lessees of tangible personal property (other than lessees of motor vehicles, the lease of which is subject to the terms of section 7205.1 of the Sales and Use Tax Law) to self-assess and pay use taxes directly to CDTFA instead of to the vendor or lessor from whom the property is purchased or leased.

Permit holders will be provided with a Use Tax Direct Payment Exemption Certificate which they can issue to retailers and lessors when they purchase tangible personal property subject to use tax or make qualified leases of tangible personal property. Vendors who timely take the certificate in good faith from a permit holder are relieved of the duty to collect use taxes on the sales for which the certificate was issued. Permit holders who acquire property under a certificate must self-assess and report the use taxes directly to CDTFA on their tax returns and allocate the local taxes to the county, city, city and county, or redevelopment agency in which the property is first used. Permit holders who fail to properly pay any use taxes that are due on property for which a certificate was given are subject to interest and penalties assessments in addition to their tax liability.

To qualify for a Use Tax Direct Payment Permit, an applicant must meet the following conditions:

(1) The applicant must agree to self-assess and pay directly to CDTFA any use tax which is due on property for which a use tax direct payment exemption certificate was given; and

(2) The applicant must certify to CDTFA either of the following:

(A) The applicant has purchased or leased for its own use tangible personal property subject to use tax which cost five hundred thousand dollars ($500,000) or more in the aggregate, during the calendar year immediately preceding the application for the permit; or

(B) The applicant is a county, city, city and county, or redevelopment agency.

Persons wishing to obtain a use tax direct payment permit must be prequalified and either hold a California seller’s permit or a consumer use tax account.

Persons other than governmental entities who currently hold either a California seller’s permit or a consumer use tax account must complete the application for a Use Tax Direct Payment Permit, sign the certification statement attesting that they qualify for a permit under conditions of part (2)(A) above, submit a “Statement of Cash Flows” or other comparable financial statements acceptable to CDTFA for the calendar year immediately preceding the date of application which discloses total purchases of property and equipment for own use, and submit a separate statement under company letterhead certifying that five hundred thousand dollars ($500,000) or more of such purchases were subject to use tax.

Persons other than governmental entities who are not required to hold a seller’s permit and who do not currently hold a consumer use tax account must obtain a consumer use tax account, complete the application for a Use Tax Direct Payment Permit, sign the certification statement attesting that they qualify for a permit under the conditions of part (2)(A) above, submit a “Statement of Cash Flows” or other comparable financial statements acceptable to CDTFA for the calendar year immediately preceding the date of application which discloses total purchases of property and equipment for own use, and submit a separate statement under company letterhead certifying that five hundred thousand dollars ($500,000) or more of such purchases were subject to use tax.

Governmental entities who currently hold either a California seller’s permit or a consumer use tax account must complete the application for a Use Tax Direct Payment Permit, sign the certification statement attesting that they qualify for a permit under the conditions of part (2)(B) above, and submit an additional statement to that effect under official letterhead and signed by an authorized governmental representative.

Governmental entities who do not hold a California seller’s permit or a consumer use tax account must obtain a consumer use tax account, complete the application for a Use Tax Direct Payment Permit, sign the certification statement attesting that they qualify for a permit under the conditions of part (2)(B) above, and submit an additional statement to…