UD-26-341 Cooling Tower RFQ.pdf

REQUEST FOR QUOTATION (RFQ)

FOR ROOFTOP COOLING TOWER REPLACEMENT PROJECT

I. SCOPE OF WORK

The Long Beach Public Utilities Department (LBPUD) is requesting quotations from qualified contractors to furnish all labor, materials, tolls, specialized equipment, rigging/hoisting services, insurance, and coordination required to execute the complete decommissioning, removal, and disposal of the existing compromised rooftop cooling tower.

Concurrently, the Contractor shall supply, deliver structurally install, reconnect, test and commission ONE (1) brand-new, high-efficiency, performance-equivalent cooling tower unit to restore reliable, leak-free operational capacity to the facility’s centralized condenser water system. The Contractor is completely responsible for a full turnkey installation, including all necessary mechanical, hydraulic, and electrical reconnections to make the system full operational.

II. PROJECT CONSTRAINTS & OPERATIONAL ASSUMPTIONS

• Administrative Staff Continuity (Zero Disruptions): The Contractor shall plan, coordinate, and execute all field work in a manner that ensures zero disruptions to the daily operations, communication systems, and workflows of the Long Beach Utilities Administrative staff. No active utility outages, loud demolition, structural drilling or crane operations that impact the building’s interior environment or staff safety may occur while the administrative offices are occupied by personnel.

• Mandatory Off-Hours Work Window: To guarantee zero disruption to staff, any activities generating high noise levels, heavy structural vibrations, or temporary localized utility shutdowns (including Phase 3.1 through Phase 3.4) must be scheduled and executed outside of standard administrative business hours. The approved windows for disruptive work are Monday through Friday from 5:00 PM to 6:00 AM, or anytime on Saturdays and Sundays.

• Standard Low-Impact Hours: Low-impact, non-disruptive field activities (such as clean-up, tool staging, or passive system monitoring) may be performed during standard facility business hours: Monday through Friday, 6:00 AM to 3:00 PM, provided they receive prior written approval from the LBPUD project manager.

• Noise and Vibration Mitigation: The Contractor shall utilize noise-dampening blankets, silencers, and vibration-isolation pads on all demolition, drilling, and staging equipment. If building vibrations or acoustics exceed reasonable professional office thresholds during unapproved times, LBPUD management https://lbutilities.org/ reserves the right to issue an immediate stop-work order at no additional cost to the department.

• Structural Integrity: The existing structural steel beams and rooftop supports are assumed to be structurally sound and adequate to bear the operating load of the new unit.

• Piping Architecture: Existing condenser water piping routes, diameters, and connection locations are assumed to be fully reusable unless concealed or latent conditions are discovered and brought to the LBPUD’s Facilities staff attention.

III. 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

Mandatory Site Walk June 25, 2026 9:00 AM Question Submittal July 2, 2026 11:00 AM Answers to be posted on Long Beach Buys under Bid invitation July 9, 2026 3:00 PM

Bid Due July 16, 2026 11:00 AM

The following pages must be completed and included in the bid submission.

Failure to properly complete this request may result in quote being rejected and may be deemed as non-responsive:

1. Bid Form Section (RFQ page 15-19)

2. Local Preference Form (RFQ page 24)

3. Complete the Items Tab on Long Beach Buys with prices for all items bid

4. Addendum (if applicable)

The following pages may be included in the bid submission, if applicable:

1. Business License Section (RFQ page 14)

2. Use Tax Payment Permit (RFQ page 26) https://longbeachbuys.buyspeed.com/bso/

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 into the City’s Long Beach Buys portal and selecting “withdraw”.

Quotes are to be received by Thursday, July 16, 2026 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

The Department will not be responsible for or bound by (1) any oral communication or (2) any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing.

IV. MANDATORY SITE WALK

A mandatory on-site job walk will be conducted with LBPUD representative(s) to allow prospective bidders to discuss the scope of work to be performed under this RFQ.

Attendance is MANDATORY.

Time: 9:00 am – 10:00 am Date: Thursday, June 25, 2026 Location: Long Beach Public Utilities Department – OSC Campus 1800 E Wardlow Rd Long Beach, CA 90806 Contact: centralprocurement@lbutilities.org mailto:LBPurchasing@longbeach.gov https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&wdLOR=c713C83D7-4896-4449-9834-FB4A3401C10C https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&wdLOR=c713C83D7-4896-4449-9834-FB4A3401C10C https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&wdLOR=c713C83D7-4896-4449-9834-FB4A3401C10C mailto:centralprocurement@lbutilities.org mailto:centralprocurement@lbutilities.org

Mandatory pre-bid meeting and site walk will begin at LBPUD Administration Building, Lobby. After the meeting, selected sites will be visited. Attendance is mandatory, no exceptions. Bidders must attend the meeting and sign-in to be able to submit a quote. Bids from Contractors who do not attend the meeting and site walk will not be considered.

V. CONTRACT PERIOD

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

VI. BASIS OF AWARD

Quantities will not be considered in making this award. The award will be based on the unit prices, and percentage discounts given; along with meeting the specification requirements stated herein. LBPUD reserves the right to purchase different quantities at the proposed unit price depending on actual needs.

VII. 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.

VIII. 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.

IX. WARRANTY

The Bidder shall provide the equipment with the full manufacturer’s warranty, including all parts, materials, and coverage specified by the manufacturer. A copy of the manufacturer’s standard warranty shall be submitted with the Bid.

Any repair work performed, or any parts replaced, during the warranty period shall receive a new full warranty term, commencing on the date the repair or replacement is completed.

The Contractor shall be responsible for coordinating all warranty service with the manufacturer or its authorized service provider, including initiating claims, arranging evaluations, and ensuring compliance with manufacturer requirements. LBPUD shall not be required to contact the manufacturer directly. The Contractor shall respond to all warranty-related inquiries from LBPUD within five (5) business days and shall provide status updates until the issue is resolved.

The Contractor shall be responsible for all shipping, transportation, freight, handling, and related costs associated with the inspection, repair, or replacement of any product under warranty, regardless of the location of the manufacturer’s service facilities.

X. 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.

XI. SALES TAX

Unit prices stated herein shall not include sales tax.

XII. ADDENDUM (IF APPLICABLE)

During the advertising period an addendum may be issued, which includes changes and/or additions to the original bid solicitation. Bidder shall acknowledge the receipt of the addendum by signing and returning with their bid. Bidders that do not include a posted Addendum with their bid may be deemed non-responsive and their bids may be rejected.

Addendum submittal may not be accepted after the bid opening.

Addendums will be posted online https://longbeachbuys.buyspeed.com under the bid invitation number and via email request to CentralProcurement@lbutilities.org.

XIII. 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.

XIV. NEW AND UNUSED

The items furnished shall be new and unused.

XV. MINIMUM ORDERS

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

https://longbeachbuys.buyspeed.com/ mailto:CentralProcurement@lbutilities.org

XVI. INSURANCE

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

XVII. 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.

XVIII. 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.

XIX. PURCHASE ORDER

A Purchase Order (PO) will be sent to the Awarded Contractor by LBPUD. During the Contract period Awarded Contractor will provide Equipment and Installation Specification.

XX. 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 an electronic invoice with each billing to the LBPUD Accounts Payable at the following email addresses:

WaterFinance@lbwater.org and Yolanda.Chavez@lbutilities.org Bill to: LBPUD Accounts Payable,1800 E. Wardlow Rd., Long Beach, CA 90807

The Awarded Contractor shall not invoice for items or services before items have been received or service has been completed. Payment will not be authorized until item has been received or 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.

mailto:WaterFinance@lbwater.org mailto:Yolanda.Chavez@lbutilities.org

XXI. 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.

XXII. 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 industrial Safety Order rules and regulations while performing services.

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

XXIII. 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.

XXIV. MISCELLANEOUS ITEMS / SERVICES

Miscellaneous items or services not listed herein may be purchased by the LBPUD, from the successful Bidder, provided no purchase exceeds $5,000.00 per order.

XXV. INSPECTION

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

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

XXVI. 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.

XXVII. 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.

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.

XXVIII. 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)

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.

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.

California Contractor's License No.:

Expires: ___________________________ Classification: ______________________ http://www.longbeach.gov/finance/business_license mailto:lbbiz@longbeach.gov

BID FORM SECTION

In accordance to the RFQ terms and conditions, the undersigned shall provide ONE (1) brand-new, high-efficiency, performance-equivalent cooling tower unit complete as per Specifications and execute a contract with the following prices:

A. REQUIREMENTS

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

Equipment and Installation Specification Yes No If no, explain deviation(s)

EQUIPMENT SPECIFIACTIONS

• Type: Induced draft, low-profile crossflow or counterflow mechanical cooling tower unit

• Capacity & Sizing: Performance-equivalent to match existing facility mechanical engineering loop requirements and baseline structural roof-beam footprint.

• Material Criteria: Full industrial-grade Stainless Steel construct (basin, casing, and support structure).

INSTALLATION REQUIREMENTS

Phase 1: System Shutdown and Electrical LOTO

• Coordinate with LBPUD Facilities Staff to schedule and approve an operational shutdown of the condenser loop.

• Safely isolate and disable primary loop chillers and condenser water circulation pumps

• Perform comprehensive Lockout/Tagout (LOTO) procedures in strict compliance with OSHA standards on all related machinery and electrical disconnects.

Phase 2: Hydraulic Isolation & Loop Draining

• Close suction and discharge isolation valves directly on circulation pumps to prevent backflow.

• Close primary isolation valves located at chillers and cooling tower supply/return headers

• Open drain valves at the lowest hydraulic point of the condenser piping and the cold-water basin drain.

• Isolate dedicated municipal make-up water lines, completely empty the tower volume, and safely discharge effluent into approved facility drainage channels.

Phase 3: Decommissioning & Removal of Existing Tower

• Disconnect all physical mechanical supply, return, and make-up water piping headers from the old unit.

• Safely unwire the fan motor and cleanly disconnect all associated electrical conduit and wiring feeds back to local disconnect boxes.

• Remove all anchoring hardware, unbolt the existing tower from the structural roof beams, and demo/dismantle the unit in place as necessary for safe rigging.

• Remove the old unit from the building roof utilizing appropriately rated mobile crane.

Phase 4: Rigging, Hoisting, & New Tower Installation

• Develop, submit, and file a comprehensive crane lift plan and secure all necessary permits for hoisting operations at the 1800 E.

Wardlow Rd site.

• Rig, hoist, and precision-seat the new cooling tower unit directly onto the existing structural roof support beams.

• Secure the new unit rigidly onto the existing structural steel means utilizing brand-new, high strength structural hardware bolts and vibration-isolation mounts.

• Re-establish, align, and reconnect primary mechanical supply return, and make-up water lines back to new equipment interface points.

Phase 5: System Startup, Testing, & Commissioning

• Close all active drainage, blowdown, and isolation valves across the newly installed loop and refill the basin to required operational engineering levels.

• Energize power feeds, activate system circulation pumps, and verify optimal system water flow rates.

• Conduct a rigorous, documented check for leaks across all newly established mechanical joints, flange seals, and reconnected lines.

• Resume full chiller operations, verifying proper equipment sequence of operations, automated basin float controls, fan rotation, and performance thresholds.

PREVENTATIVE MAINTENANCE SPECIFICATIONS

• ONE (1) Year Post-Launch Service:

Contractor complies with performing comprehensive fan, belt, nozzle, and basin inspections within ONE (1) year of operation.

• Water Treatment Compliance: Contractor guarantees system connection architecture links correctly with standing automated chemical treating components.

WARRANTY & PERFORMANCE PERMITS

• Labor Warranty: Provide a minimum of a 30-day comprehensive labor and workmanship warranty from the date of full system commissioning and LBPUD sign-off.

• Material Warranty: Pass through and furnish all original equipment manufacturer (OEM) material, casing, and motor warranties directly to LBPUD.

B. ITEMS

Pricing shall be submitted electronically on the Line Items tab on Long Beach Buys and all required pages of the bid document shall be uploaded as a general attachment.

Item Description Unit Total Price

1. Turnkey stainless Steel Cooling Tower Unit:

Furnish and deliver one (1) new cooling tower unit matching generic performance sizing and Full Upgrade Material Criteria (100% industrial-grade Stainless Steel construction for water basin, casing, framing, and panels).

EA Enter Unit Price on Line Items Tab

2. Turnkey Installation Services (Phase 1-5):

Complete itemized decommissioning, demolition, rigging, off-hour structural rooftop installation, and system commissioning per

SOW

LS Enter Unit Price on Line Items Tab

3. Repair Rate: Base hourly rate for standard technical services. (Contractor may attach a separate schedule for specific off-hours or emergency tiered rates).

HR Enter Unit Price on Line Items Tab

The bid amounts include all taxes legally chargeable in connection with furnishing and delivering bid items to LBPUD except sales tax and Federal taxes from which municipalities are exempt.

Other Charges (Explain):

C. REQUIRED DATA

Cooling Tower Unit (Manufacturer, Model):

Additional Deviations from Specifications* *

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

Parts, supplies, materials, and/or equipment being quoted meet the specifications listed, and will be assembled and ready for use upon delivery.

YES NO

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 services at the proposed prices depending on actual needs and requirements. LBPUD does not guarantee usage nor guarantee that all items or services listed herein will be ordered or purchased during the term of the contract. LBPUD may purchase additional items or services 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

PROVIDE SERVICES AND DELIVERY FOB DESTINATION LONG BEACH PUBLIC

UTILITIES DEPARTMENT, OPERATIONS SERVICE CENTER, 1800 E WARDLOW

ROAD, LONG BEACH, CALIFORNIA 90807.

GENERAL CONDITIONS

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

2) Definitions

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

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

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

D) Contract These Specifications, the Request for Quotation, the Bid of the Contractor, and the contract 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 the Board fails to appropriate the necessary funds for any fiscal year, then 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 charges 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.

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 Request for Quotation and Contractor’s bid shall take priority over said samples and this Request 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 Request for Quotation become the exclusive property of LBPUD. All Bids submitted in response to this Request for Quotation are a matter of public record and shall be regarded as public records unless the bid or specific parts of the bid can be shown to be exempt by law. Each Bidder may clearly label all or part of a bid as "CONFIDENTIAL" provided that the Bidder thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

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, Contractor shall allow any indebtedness to accrue for labor, equipment, or materials, or which may become a claim against LBPUD, 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 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. 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, 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) Contractor shall list the name and location of the place of business of each Subcontractor who will perform work, labor or services for 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 I and provide a copy of its current business license and seller’s permit, if applicable.

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

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

and

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

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

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

My City of Long Beach Business License Number is:

and I will attach a copy to my submission.

My City of Long Beach Seller’s Permit…