REQUEST FOR QUOTATION (RFQ)

TO PROVIDE WELDING SERVICES

I. SCOPE OF WORK

The Long Beach Public Utilities Department (LBPUD) is requesting quotes to provide Welding Services in accordance to the LBPUD needs and/or fund availability. The contractor shall provide all materials, tools, parts, equipment, and labor necessary to provide the services. Contractor shall be within twenty-five (25) mile radius of LBPUD facilities. If no bidders meet this proximity requirement, the nearest Contractor meeting this requirement may be considered.

The Contractor shall be capable of providing welding services for the following materials, to include but not limited to: stainless steel, aluminum, brass, plastic, black steel, titanium, and polyethylene.

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

II. SUBMITTAL INSTRUCTIONS

Quotes shall be submitted as follows:

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

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

Deadlines DATE/TIME

Question Submittal July 1, 2025 @ 11:00 a.m.

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

Buys under bid invitation

Bid Due July 10, 2025 @ 11:00 a.m.

Technical support for Long Beach Buys is available by email at LBPurchasing@longbeach.gov, or by phone at (562) 570-6200 during normal business hours (8am-5pm PT Monday through Friday) or by submitting an Issue Reporting Form which can be completed at the following link https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&wd LOR=c713C83D7-4896-4449-9834-FB4A3401C10C.

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

Quotes are to be received by Thursday, July 10, 2025, no later than 11:00 A.M, Quotes received after the date and time will not be considered for the service. LBPUD reserves the right to reject all quotes.

Late bids, or bids submitted through other channels, will not be accepted. Bidders are solely responsible for submitting their electronic bid completely and on time. The City’s Long Beach Buys portal will not accept late bids, and no exceptions shall be made.

Bidders will receive an e-bid confirmation number with a time stamp from Long Beach Buys indicating that their bid was submitted successfully. LBPUD will only receive bids that were transmitted successfully.

Questions shall be submitted as follows:

• Email: centralprocurement@lbutilities.org

III. CONTRACT PERIOD

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

IV. BASIS OF AWARD

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

LBPUD 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 LBPUD 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. QUALIFICATIONS FOR BIDDERS

Each bidder shall be fully qualified by ability, knowledge, and experience to satisfactorily perform the service required in these Specifications and shall be engaged in the business of providing Welding Services by the use of its own trained and qualified employees and have the equipment, tools, materials, and supplies capable of performing the mentioned services within the required time frame.

The Contractor must have been in business providing Welding Services for at least the last three (3) years. The undersigned hereby declares that the Contractor has been in business for _____ years providing Welding Services.

VII. SERVICES/DELIVERY

LBPUD shall order services by issuing release notices as services are needed during the Contract period. Response time for welding services shall be within 48 hours after receipt of order. LBPUD may request contractor to perform services at LBPUD site or LBPUD may deliver part(s) to contractor site; LBPUD shall determine the option upon the initial service request. Service shall be completed within (5) business days from time of delivery by LBPUD or pick up by contractor. lf the Contractor is unable to meet these terms, they must contact LBPUD and explain in writing (email) the reason(s) for the delay in service completion.

LBPUD sites include but are not limited to:

Additional LBPUD sites or City locations may be added as required.

Some welding services may require work in place in confined spaces, such as vaults or inside ventilated sewer lift stations. Contractor shall be capable of performing work in said spaces.

Once receiving notice that the service is complete LBPUD shall have the option to have the contractor deliver the part to the LBPUD site or LBPUD may pick up the part at the

LBPUD - Water Division 1731 E. 33rd Street Long Beach, CA 90807

LBPUD - Gas Division 2400 E. Spring Street Long Beach, CA 90806

LBPUD - Treatment Plant 2950 Redondo Ave.

Long Beach, CA 90806 contractor site; LBPUD shall determine the option upon receiving notice that the 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 Public Utilities Department Operations Service Center, 1731 East 33rd Street, Long Beach, California. The LBPUD 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 LBPUD for any loss or damage to said equipment and/or material in its or its agents care or custody.

Listed below are services the LBPUD 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 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

Pipefitting Service

Punch/Drill Hole Service

Sheer/Sawing Service

Blanchard Grinding Service

Large Capacity Grinding Service

Listed below are examples of tasks that may be requested, but 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

- Pipe fitting and pipe spool fabrication, and modifications

- Onsite welding

- Replication of metal parts based on LBPUD request

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

LBPUD

- Shape and/or cut metals based on LBPUD request

- Drill/cut cement line pipe based on LBPUD request

- Tapping and threading; such as, iron pipe thread (NPT), hose thread, bold tread, tapered threads, find thread, and British threads

VIII. COST

Bidder shall provide pricing for the services requested during the term of this Contract.

The price quote shall include all charges. Other costs 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 one-year term; decrease of percentage discounts and price increase for listed items is not acceptable. LBPUD reserves the right to cancel the contract if unit prices are increased and/or percentage discounts are decreased.

IX. RIGHT TO REJECT QUOTE

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

X. FUTURE AMENDMENTS

The LBPUD reserves the right to change any portion of the work required, add/or delete items or amend such other terms and conditions, which may become necessary. Any such revisions shall be accomplished by an amendment to the Contract approved by the General Manager and executed by the Awarded Contractor and the LBPUD.

XI. INSURANCE

Awarded Contractor 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 LBPUD, the City, or any other public agency over the previous five (5) years, and may provide relevant detail regarding each claim. The Bidder 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. 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.

XIV. PURCHASE ORDER

A Purchase Order (PO) will be sent to the Awarded Contractor by LBPUD. During the Contract period Awarded Contractor will provide Welding Services.

XV. ESTIMATES

Contractor shall provide written estimates at no additional cost to the LBPUD for each service request. Written estimate shall include estimated hours and/or any materials or supplies needed to complete the service requested. A verbal approval is acceptable; work completed without written and/or verbal consent from LBPUD shall not be the responsibility of LBPUD. If any additional work required that does not have prior approval, the Contractor shall make no attempt to complete such work, but shall contact LBPUD 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 LBPUD, including but not limited to labor, equipment, consumable materials, small tools, and repairs.

XVI. PAYMENT

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

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

Mailing Address:

LBPUD Accounts Payable LBPUD Accounts Payable 1800 E. Wardlow Rd. 2400 E. Spring St.

Long Beach, CA 90807 Long Beach, CA 90806

Email Address:

WaterFinance@lbwater.org GO-AcctsPay@longbeach.gov

The Awarded Contractor shall not invoice for service before service has been completed.

Payment will not be authorized until service has been completed.

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

XVII. CONTRACTOR ORIENTATION MEETING

Not Applicable.

XVIII. CONTRACTOR’S ON-SITE PERSONNEL

Each contractor’s personnel performing Welding Services on LBPUD site under these specifications shall be a regular employee of the Awarded Contractor. During all working hours, Awarded Contractor's employees shall be attired in clean, neat appearing, and well-fitted uniforms bearing Awarded Contractor's identification and shall have in their possession an identification card with photograph identifying them as an employee of the Awarded Contractor. Employees performing services for LBPUD shall also wear in full view LBPUD visitor’s badge.

Note that LBPUD will provide access to all locations. Awarded Contractor shall not admit any person into the work area who is not an employee of LBPUD or Awarded Contractor.

Awarded Contractor’s personnel shall have the appropriate identification with them at all times.

Entry into and exit from LBPUD facilities by Awarded Contractor's employees shall be made at those locations designated by LBPUD. Upon completion of service Awarded Contractor shall immediately return visitor badges to LBPUD.

XIX. SECURITY OF FACILITIES

XX. DAMAGES

The Contractor shall take all reasonable precautions to ensure that LBPUD property, building, grounds, equipment, furnishings, and other items are properly protected from damages at all times. Reasonable precautions may include, but are not limited to:

sectioning off work area, objects, 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 LBPUD building structures, property, equipment, etc., and shall further be responsible to replace, repair, and make restitution to the LBPUD’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.

All safety concerns, incidents, or accidents shall be reported to LBPUD immediately.

Contractor shall exercise all appropriate measures to fully protect all surfaces, persons, and adjacent areas before, during and after work.

In the event of accidental site damage by the Contractor, Contractor shall be responsible to return the site to its original condition at no cost to LBPUD.

XXI. SAFETY REQUIREMENTS/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.

LBPUD 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 Bidder 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 Bidder shall inspect all potential hazards at said facilities and keep a log of date inspected and action taken.

Bidder 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. ln all situations, the Contractor must conform to all Occupational Safety and Health Administration (OSHA) and lndustrial 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.

XXII. 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.

XXIII. SUBCONTRACTING

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

XXIV. MISCELLANEOUS SERVICES

XXV. SUPPLEMENTAL WORK / ADDITIONAL AS-NEEDED WORK

XXVI. SALES TAX

Unit prices stated herein shall not include sales tax.

XXVII. WARRANTY

Contractor warrants that all services 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 LBPUD for a minimum of one (1) year.

State warranty period for workmanship/labor _______ year/months/days (Circle One)

State warranty period for parts/equipment _______ year/months/days (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 LBPUD at no cost to LBPUD.

Any repair work or parts/materials 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 Contractor unless prior agreement is approved for each instance with the LBPUD.

XXVIII. INSPECTION

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 LBPUD representative. Final inspection and acceptance shall be made after service is complete. Neither inspection, waiving of inspection, nor LBPUD's acceptance shall relieve the Contractor of the obligation to furnish the products and services according to these Specifications.

In the event that work performed is deemed by LBPUD to be deficient or the items not meeting the minimum specified requirements as determined by LBPUD, shall be returned to the Contractor for compliance. Contractor shall correct noted deficiencies within ten

(10) working days at no additional cost to LBPUD.

XXIX. DEFAULT CONTRACTOR

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

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

XXX. PUBLIC WORK AND PREVAILING WAGES

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

XXXI. LOCAL PREFERENCE

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

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

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

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

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

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

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

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

XXXII. LICENSES AND PERMITS

Awarded 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.

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

XXXIII. 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.

BID FORM SECTION

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

ITEMS:

Item Description: Rate:

1.

Journeyman Straight Time Hourly Labor Rate (Contractor Site)

2.

Helper non-Journeyman Straight Time Hourly Labor Rate (Contractor Site)

3.

Journeyman Straight Time Hourly Labor Rate (LBPUD/City Site)

4.

Helper non-Journeyman Straight Time Hourly Labor Rate (LBPUD/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)

Other Charges (Explain):

8. $_____________

9. $_____________

10. $_____________

Bidder must indicate with a check mark, in the spaces provided, their response to the following requests. Failure to properly complete this request may result in quote being rejected and may be deemed as non-responsive.

Bidder agrees to hold quoted rates, discounts, and prices firm for one year.

YES NO

Bidder is located within a 25-mile radius of LBPUD Operations Service Center, 1731 E. 33rd Street, Long Beach CA 90807.

Bidder offers Emergency/Urgent Order Requests.

Bidder has the capability to perform work at LBPUD Facilities and/or other locations throughout the City of Long Beach.

Bidder has the capability to perform work in confined spaces.

LBPUD reserves the right to request inspection, parts, and repair services at the quoted prices depending on actual needs and requirements. LBPUD does not guarantee usage nor guarantee that all services listed herein will be ordered during the term of the contract.

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

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

Signed: Date:

Print Name/Title:

Company Name:

Address:

Email:

Phone Number: Fax Number:

WE ARE PLEASED TO SUBMIT THIS QUOTE IN ACCORDANCE WITH LBPUD

REQUEST FOR QUOTATION, SPECIFICATIONS AND TERMS AND CONDITIONS TO

FURNISH AND DELIVER THE ITEMS FOB DESTINATION LONG BEACH PUBLIC

UTILITIES DEPARTMENT: WATER DIVISION, 1731 E 33rd STREET, LONG BEACH CA

90807 AND/OR LONG BEACH PUBLIC UTILITIES DEPARTMENT: GAS DIVISION,

2400 E SPRING STREET, LONG BEACH CA 90806 AND/OR LONG BEACH PUBLIC

UTILITIES DEPARTMENT: TREATMENT PLANT, 2950 REDONDO AVE, LONG

BEACH, CA 90806.

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 request for quotation.

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 Request for Quotation, the Bid of the Contractor, and the Agreement entered into pursuant thereto shall constitute the Contract between the Board and the Contractor

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

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

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

H) LBPUD

Long Beach Public Utilities Department

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

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

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

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

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

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

9) The Board reserves the right to terminate this Contract at any time in whole or in part even though Contractor is not in default hereunder.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

30) NOTICE TO BIDDERS REGARDING THE PUBLIC RECORDS ACT:

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

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

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

THE GUIDELINES AND REQUIREMENTS LISTED BELOW:

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

Awarded Contractor shall pay to LBPUD the difference between the Contract price and the actual cost to LBPUD in completing or causing the Work to be completed.

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

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

1. Comprehensive General Liability: $1,000,000 combined single limit for each occurrence or $2,000,000 General Aggregate for bodily injury, personal injury, and property damage, including products and completed operations coverage.

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

and premises owned, leased or used by Bidder.

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

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

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

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

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

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

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

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

LBPUD.

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

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

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

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

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

ATTACHMENT I: LOCAL PREFERENCE PROGRAM

Local Preference Provision

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

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

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

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

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

and

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

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

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

My City of Long Beach Business License…