WD-05-23_Notice Inviting Bids_Pre-Purchase Package_final~1.pdf

NOTICE INVITING BIDS

GROUNDWATER TREATMENT PLANT FILTER GALLERY VALVE REHABILITATION

PROJECT PHASE 1 – VALVE AND ACTUATOR PURCHASE

Specifications

WD-05-23

March 2023

Board of Utilities Commissioners of the City of Long Beach, California https://lbutilities.org/

THIS PAGE INTENTIONALLY BLANK

7 March

9th March

TABLE OF CONTENTS

NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDER

GENERAL CONDITIONS

REQUEST FOR BID (RFB)

I. PURPOSE:

II. CONTRACT PERIOD

III. BIDDER ORIENTATION MEETING

IV. INSURANCE

V. BASIS OF AWARD

VI. BIDDER REPRESENTATIONS

VII. COST

VIII. RIGHT TO REJECT BID

IX. FUTURE AMENDMENTS

X. DELIVERY

XI. LIQUIDATED DAMAGES

XII. LEGAL DISCLOSURE

XIII. CONFLICT OF INTEREST

XIV. PAYMENT

XV. MISCELLANEOUS ITEMS

XVI. SALES TAX

XVII. DEFAULT BIDDER

XVIII. WARRANTY

XIX. INSPECTION

XX. SUBMITTAL

XXI. PUBLIC RECORDS

XXII. ENGINEERING BID BOND

XXIII. FAITHFUL PERFORMANCE BOND

BID FORM…

APPENDIX A: APPLICATION FOR USE TAX DIRECT PERMIT

APPENDIX B: RELEVANT PLAN SHEETS

APPENDIX C: RELEVANT SPECIFICATION SECTIONS

SECTION 01 33 00: SUBMITTAL PROCEDURES

SECTION 01 66 00: PRODUCT SHIPMENT, STORAGE AND HANDLING REQUIREMENTS

SECTION 33 12 14: BUTTERFLY VALVES

SECTION 33 12 15: INDUSTRIAL LUG STYLE BUTTERFLY VALVES

SECTION 33 12 46: ELECTRIC MOTOR ACTUATORS

WD-05-23

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace or rehabilitate valves and actuators of the filtration system. Pre- Purchase for Valves and Actuators of GWTP.

NOTICE INVITING BIDS

Bids are invited by the Long Beach Utilities to furnish and deliver to the Long Beach Utilities (LBU) in accordance with Specifications WD-05-23 Groundwater Treatment Plant Filter Gallery Valve Rehabilitation Project Phase I – Valve and Actuator Purchase.

Specifications WD-05-23 is available online https://longbeachbuys.buyspeed.com/bso/ under the bid specification number and via email request to nikolas.baykal@lbutilities.org.

LBU will accept questions within the deadlines listed below. All inquiries regarding this invitation must be submitted in writing via email only to nikolas.baykal@lbutilities.org by the deadline listed below. Responses to the questions will be posted on longbeachbuys.com under the bid invitation number. All Bidders are recommended to visit the abovementioned website on a regular basis as the responses may be posted earlier than the date listed below.

Deadlines DATE/TIME

Optional Pre-bid Meeting 04/04/23 @ 10:00am at LBU Groundwater

Treatment Plant located at 2950 Redondo Ave., Long Beach, CA, 90806

Question Submittal 04/11/23 @ 4:30 p.m.

Bid Due 04/19/23 @ 4:00 p.m.

Bids are to be received by Wednesday, April 19, 2023 no later than 4:00 p.m. through Long Beach Buys. Bids received after the due date and time will be rejected. The Board of Utilities Commissioners has the right to reject all bids. Notice of Intent to Award will be posted on Long Beach Buys under the bid invitation once a BIDDER has been selected.

Bids shall be submitted as follows:

The proposals shall be submitted electronically to The Board of Utilities Commissioners of the City of Long Beach, California, utilizing the Department’s bid management system, Long Beach Buys.

Please visit the Department’s website www.longbeach.gov/finance/business-info/purchasing-division/ “Register with Long Beach Buys” and become a registered bidder at https://longbeachbuys.buyspeed.com/bso/. All documents may be downloaded by registered bidders, free of charge.

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

https://longbeachbuys.buyspeed.com/bso/ mailto:nikolas.baykal@lbutilities.org mailto:nikolas.baykal@lbutilities.org

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

INSTRUCTIONS TO BIDDER

1. PREPARATION OF BID:

The preparation of the Bid, including visits to the Site prior to submittal of the Bid, shall be at the expense of Bidder. All prices and notations must be typewritten or written in ink. Any markings in pencil shall not form part of the Bid and shall be disregarded by LBU. Any changes or corrections in the Bid must be initialed in ink by the person signing the Bid. Bidder shall state brand name or make of each item bid. If not bidding on item as described, the manufacturer’s name and catalog number of the substitute must be given. Bidder shall also attach specifications and furnish other data to establish the suitability of the substitute. Bidder shall bid separately on each item. Bidder shall bid his lowest price and best delivery date as no changes are permitted after the bid opening. No telephonic, telegraphic, or fax Bids are acceptable.

NOTE: ALL PAGES OF THE INVITATION TO

BID AND ATTACHED DOCUMENTS MUST BE

RETURNED.

2. EXAMINATION OF BID:

Bidder is responsible for examining the Invitation to Bid and submitting its Bid complete and in conformance with these instructions.

3. CONDITIONS OF WORK:

Bidder shall carefully examine the Site to become fully informed regarding all existing and expected conditions and matters, which could affect performance, cost, or time of the Work.

4. DISCREPANCIES IN BID DOCUMENTS:

If Bidder finds discrepancies in or omissions from the Invitation to Bid; if the intent of the Invitation is not clear;

or if provisions of the Specifications restrict Bidder from bidding; he may request in writing that the deficiency(s) be modified. Such request must be received by LBU Purchasing Agent by the date identified in this document . Bidders will be notified by Addendum of any approved changes in the Invitation to Bid.

5. ORAL STATEMENTS:

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

6. BRAND NAMES AND SPECIFICATIONS:

The detailed specifications and/or brand names stated are descriptive only and indicate quality, design, and construction of items required. Offers will be considered to supply articles substantially the same as those described herein, but with minor variations. Bidders must describe variations in the Bid. Substitute items must be equal in quality, utility, and performance. The phrase “or approved equal” throughout the specifications means that LBU in its sole and absolute discretion shall make the final determination whether or not the substitute items are equal.

7. AWARD:

Bid shall be subject to acceptance by the Board for a period of three (3) months. The Board reserves the right to award all items to one Bidder, or to award separate items or groups of items to various Bidders, or to increase or decrease the quantities of any item. Bidder may submit alternate prices or name a lump sum or discount conditional on two or more items being awarded to him.

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

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

8. SAFETY APPROVAL:

Where required by City Regulations, any items delivered must carry Underwriters Laboratories Approval or City of

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

Long Beach City Safety Officer approval. Failure to so comply will be cause to reject Bid. Also, any equipment must conform to the Safety Orders of the California Division of Industrial Safety and OSHA regulations.

9. 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

10. PUBLIC WORK AND PREVAILING WAGES:

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

CALIFORNIA WAGE RATE REQUIREMENTS:

The BIDDER 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

11. RIGHT TO REJECT:

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

12. SAMPLES:

Samples of items, when requested or required, must be furnished to LBU free of expense to LBU and, if not destroyed by tests, will, upon request, be returned at Bidder’s expense.

13. PRICES:

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

14. BID SUBMITTAL AND WITHDRAWAL OF

BIDS:

Each Bid must be delivered to the location and received on or before the due date and time stated herein. Bids will not be accepted after the date and time stated herein. It is the sole responsibility of the Bidder to ensure that the Bid is delivered on time. Bids may be withdrawn without prejudice providing the written request is received by LBU no later than the time set for opening Bids.

Withdrawals will be returned to Bidder unopened.

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

15. BID OPENING PROCEDURES:

OPENING OF BIDS: All Bids received in a timely manner will be subject to further evaluation with respect to:

• The responsiveness of the Bid

• Determination that Bidder is responsible

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

16. INTER-AGENCY PARTICIPATION:

IF OTHER AGENCIES EXPRESS AN INTEREST IN

PARTICIPATING IN THIS BID, WOULD YOU

SUPPLY THE SAME ITEMS?

YES NO

(If yes, any agency electing to participate in this Bid will order its own requirements without regard to LBU. LBU assumes no liability or payment guarantee on any units sold to participating agencies.)

17. AMERICAN WITH DISABILITIES ACT:

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

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

GENERAL CONDITIONS

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

2. Definitions

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

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

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

D) Contract These Specifications, the Notice Inviting Bids, the Bid of the SELECTED BIDDER, and the Agreement entered into pursuant thereto shall constitute the Contract between the Board and the

SELECTED BIDDER

E) SELECTED BIDDER

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

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

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

H) LBU

Long Beach Utilities

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

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

5. SELECTED BIDDER 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 BIDDER has reason to believe that deliveries will not be made as scheduled, written notice setting forth the cause of the anticipated delay shall be given immediately to LBU.

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

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

7. SELECTED BIDDER warrants that the goods, machinery or equipment delivered, or the work performed hereunder shall conform to the specifications, drawings, samples or other description specified by LBU

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

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 1 year. LBU may at its option, purchase an extended warranty, providing the same coverage at the additional cost listed in the Bid Schedule by the SELECTED BIDDER. When defective goods, machinery, or equipment or faulty workmanship is discovered, which requires repair or replacement pursuant to this warranty, SELECTED BIDDER shall provide all labor, materials, parts, and equipment to correct such defect at no expense to

LBU.

8. SELECTED BIDDER 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 SELECTED BIDDER, 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

SELECTED BIDDER 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 SELECTED BIDDER. Upon receipt of any notice of such termination, SELECTED BIDDER 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.

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

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

LBU’s Purchasing Agent.

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

14. In cases where a price subject to escalation has been agreed upon, the price escalation shall be shown as a separate item on the invoice. Unless an escalator clause has been shown as a specific part of the Bid, SELECTED BIDDER 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. SELECTED BIDDER 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

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

to fines, penalties, and corrective measures they may sustain by reason of SELECTED BIDDER’s failure to comply with said laws, rules, and regulations in connection with the performance of this Contract.

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

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

18. The remedies herein reserved shall be cumulative and additional to any other remedies at law or in equity.

The waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach. LBU’s failure to object to provisions contained in any communication from SELECTED BIDDER shall not be deemed an acceptance of such provisions or a waiver of the provisions of this Contract.

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

20. SELECTED BIDDER 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. SELECTED BIDDER shall furnish further itemization and breakdown of the Contract price when requested by LBU.

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

23. SELECTED BIDDER 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. SELECTED BIDDER 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. SELECTED BIDDER shall comply with all applicable federal, state, and local laws pertaining to the subject matter hereof.

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

26. LBU reserves the right to increase or decrease these estimated quantities based on its actual needs and funds available.

27. SELECTED BIDDER shall cooperate with LBU in all matters relating to taxation and the collection of taxes, particularly with respect to the self-accrual of use tax. SELECTED BIDDER shall cooperate as follows: (i) for all leases and purchases of materials, equipment, supplies or other tangible personal

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

property totaling over $100,000 shipped from outside California, a qualified SELECTED BIDDER 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, SELECTED BIDDER shall obtain a sub-permit from the California Board of Equalization for the Work site. “Qualified” means that the SELECTED BIDDER 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), SELECTED BIDDER 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 SELECTED BIDDER receives a notice of award. SELECTED BIDDER 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 SELECTED BIDDER does so, it shall be a material breach of the Agreement. In addition, SELECTED BIDDER 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 SELECTED BIDDER under this Agreement which are subject to use tax of $500,000 or more shall be allocated to LBU of Long Beach. SELECTED BIDDER shall require the same form and permit(s) from its subcontractors.

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

28. 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. SELECTED BIDDER 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.

29. NOTICE TO BIDDERS REGARDING THE PUBLIC RECORDS ACT:

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

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

30. THE FOLLOWING ADDITIONAL CONDITIONS APPLY ONLY IN CASES WHERE BIDDER IS TO

PERFORM WORK ON CITY PROPERTY:

A) If at any time during the progress of the Work, SELECTED BIDDER shall allow any indebtedness to accrue for labor, equipment, or materials, or which may become a claim against LBU, SELECTED BIDDER shall immediately upon request from the LBU pay such claim or indebtedness or cause such lien to be dissolved and discharged by giving a bond or otherwise and, in case of his failure so to do, LBU may withhold any money due SELECTED BIDDER until such claim or indebtedness is paid or may apply such money toward the discharge thereof; or, in such

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

event LBU may at its option declare this Contract to be terminated; take possession and control of the Work and complete the same or cause the same to be completed according to the specifications.

SELECTED BIDDER shall pay to LBU the difference between the Contract price and the actual cost to LBU in completing or causing the Work to be completed.

B) SELECTED BIDDER 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 LBU. When materials and equipment are furnished by others for installation or erection by SELECTED BIDDER, SELECTED BIDDER shall receive, unload, store, and handle same at the Site and become responsible as though such materials and equipment were being furnished by SELECTED BIDDER under the Contract.

C) SELECTED BIDDER shall procure and maintain at SELECTED BIDDER’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 SELECTED 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 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 SELECTED BIDDER; products and completed operations of SELECTED BIDDER; and premises owned, leased or used by SELECTED 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 LBU.

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 LBU.

SELECTED BIDDER 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 LBU.

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

SELECTED BIDDER shall furnish LBU 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 SELECTED BIDDER’s or Subcontractor’s employees shall do any Work on LBU’s property, SELECTED BIDDER shall furnish LBU 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 SELECTED BIDDER’s liability under this Contract.

D) SELECTED BIDDER shall defend, indemnify and hold harmless The Board of 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 SELECTED BIDDER at the Site.

E) SELECTED BIDDER shall list the name and location of the place of business of each Subcontractor who will perform work, labor or services for BIDDER, 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 SELECTED BIDDER’s total contract cost. The Subcontractor list shall be submitted with SELECTED BIDDER’s Bid.

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

REQUEST FOR BID (RFB) FOR GROUNDWATER TREATMENT PLANT FILTER GALLERY

VALVE REHABILITATION PROJECT

PHASE 1 - VALVE AND ACTUATOR PURCHASE

WD-05-23

I. PURPOSE:

The Long Beach Utilities (LBU) is requesting bids for double-offset butterfly valves, lug-style butterfly valves and actuators pre-purchase for the Treatment Plant Filter Gallery Valve Replacement Project, Phase 1 project in the City of Long Beach, California (PROJECT).

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

A Attached Plan Sheets B Section 01 33 00: Submittal Procedures C Section 01 66 00: Product Shipment, Storage, and Handling Requirements D Section 33 12 14: Butterfly Values E Section 33 12 15: Industrial Lug Style Butterfly Valves F Section 33 12 46: Electric Motor Actuators

II. CONTRACT PERIOD

The contract shall be for a term of two (2) years. Pricing shall be held for the two (2) year term. No price increase shall be accepted during the two (2) year term.

III. BIDDER ORIENTATION MEETING

SELECTED BIDDER will be required to attend an in-person orientation meeting prior to the commencement of any work. LBU representatives will review the requirements of the Specifications with the BIDDER awarded the Contract.

SELECTED BIDDER shall perform site visits prior to submitting material submittals.

IV. INSURANCE

BIDDER shall submit required documents in accordance with the General Conditions.

V. BASIS OF AWARD

The award will be based on the unit prices; along with meeting the specification requirements stated herein. LBU reserves the right to purchase different quantities at the proposed unit prices depending on actual needs.

VI. BIDDER REPRESENTATIONS

By submitting a bid, BIDDER represents that it:

• Has thoroughly examined and become familiar with the specifications required under this RFB.

• Is capable of performing in accordance with Specifications.

• Acknowledges that its bid is valid for 90 days.

VII. COST

BIDDER shall provide pricing for the listed items, and percentage discount for related items requested during the term of this Contract. The price bid shall include all associated fees to deliver the items to LBU located at address 2950

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

Redondo Ave, Long Beach, CA 90806. Other cost NOT listed in the price bid may not be added at the time of invoicing.

Unit prices shall be held firm for the two-year term; price increase for listed items is not acceptable. LBU reserves the right to cancel the contract if unit prices are increased.

VIII. RIGHT TO REJECT BID

The LBU reserves the right, in its discretion, to reject any and all bids and, to the extent not prohibited by law, to waive any minor irregularity or informality in any bid that does not affect the validity of the bid or does not give the BIDDER a competitive advantage over other BIDDERS.

IX. FUTURE AMENDMENTS

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

X. DELIVERY

SELECTED BIDDER shall not release the order until written approvals are received for material submittal.

SELECTED BIDDER to coordinate with LBU for acceptable final delivery times. All items are to be stored in an accepted indoor storage site within 50 miles of zip code 90806. LBU will call for multiple delivery of smaller quantity of items. When LBU calls for final delivery, unless specifically directed otherwise all items shall be delivered Monday through Friday between the hours of 8:00 a.m. and 2:30 p.m. The items shall be delivered complete, F.O.B. LBU is located at address 2950 Redondo Ave, Long Beach, CA 90806. The LBU will not be held liable for the items while in transport until the department has received, inspected, and accepted the items.

XI. LIQUIDATED DAMAGES

Time is of the essence in performance hereunder. If the SELECTED BIDDER fails to meet the delivery schedule as stated in the RFP, LBU shall deduct the sum of one thousand Dollars ($1,000.00) per calendar day that does not meet the delivery schedule, as liquidated damages and not as a penalty for breach. Liquidated damages for items returned to the SELECTED BIDDER for deficiency corrections shall start on the eleventh day after delivery to SELECTED BIDDER and continue until items are returned to LBU.

XII. LEGAL DISCLOSURE

BIDDER shall disclose claims made by it or any of its owners against the LBU, the City or any other public agency over the previous five (5) years, and may provide relevant detail regarding each claim. The 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

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

XIV. PAYMENT

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

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

1. Milestone Payment #1 – Submittal Package Approval, including preparation of all submittals as described in the Contract Documents. (5% payment of Bid Items 1-8)

2. Milestone Payment #2 – Acceptance of equipment subject to LBU inspection. (95% payment of Bid Items 1- 8)

3. Milestone Payment #3 – Monthly payment for the approved local storage after all valves and actuators being delivered to the storage. Unused monies remaining in the bid item will be retained by LBU (Payment of Bid Item 9)

4. Milestone Payment #4 – Testing at a local certified facility (Payment Bid Item 10)

5. Milestone Payment #5 – Start-up and Adjustment services. Payment shall be made on a per day basis upon services being authorized by LBU. Unused monies remaining in the bid item will be retained by LBU (Payment of Bid Item 11)

6. Milestone Payment #6 – Extended Warranties. (Payment of Bid Item 12)

7. Milestone Payment #7 – Owner Directed Changed. This item will be paid as negotiated price when directed by the Owner. The item will be deleted if not used. (Payment of Bid Item 13)

The SELECTED BIDDER shall send a hard copy invoice to the LBU Accounts Payable, 1800 E. Wardlow Rd., Long Beach, CA 90807 or SELECTED BIDDER can send an invoice electronically to WaterFinance@lbwater.org and to the LBU Project Manager, Nikolas Baykal at nikolas.baykal@lbutilities.org with each billing.

The SELECTED BIDDER shall not invoice for items before items have been received unless as otherwise stated in the section.

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

XV. MISCELLANEOUS ITEMS

Miscellaneous items not listed herein may be purchased by the LBU, from the SELECTED BIDDER, provided no purchase exceeds $2,000.00 per order.

XVI. SALES TAX

Unit prices stated herein shall include sales tax.

XVII. DEFAULT BIDDER

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

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

XVIII. WARRANTY

BIDDER must abide by the warranty requirements outlined in Specification Section 01 78 36 and all other specifications included herein.

XIX. INSPECTION

Final inspection and acceptance shall be made after delivery at LBU. Neither inspection, waiving of inspection, nor LBU’s acceptance shall relieve the SELECTED BIDDER of the obligation to furnish the products according to this bid.

LBU reserve the right to perform factory inspection before the equipment is shipped from the factory.

In the event that items not meeting the bid requirements as determined by LBU, shall be returned to the SELECTED mailto:nikolas.baykal@lbwater.org

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

BIDDER for compliance. SELECTED BIDDER shall correct noted deficiencies within five (5) working days at no additional cost to LBU.

XX. SUBMITTAL

Engineer’s approval of material submittals does not relieve the BIDDER of their obligation to furnish the products according to the Bid and Contract Documents. Engineer’s review or acceptance of submittals shall only constitute acceptance of portions of submittal in compliance with Contract Documents.

XXI. PUBLIC RECORDS

Bids will become public record after a contract award, 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 bid as “CONFIDENTIAL” provided that the bidder thereby agrees to indemnify and defend LBU for honoring such a designation. The failure to label any information that is released by LBU shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

XXII. ENGINEERING BID BOND

Bids shall be accompanied by a bid guarantee in the form of a cashier’s or a certified check, or bidder’s bond, in an amount not less than ten percent (10%) of the BIDDER’s bid. made payable to or for the benefit of the Long Beach Utilities and drawn on a solvent bank of the United States of America. The check or bond shall be given as a guarantee that the Bidder will enter a contract if awarded the work, and in case of refusal or failure to enter in said contract and furnish the required bonds and insurance certificates and endorsements within ten calendar days after the Contract is tendered, the check/bond and the money represented by the check/bond shall be forfeited, and the money or bond for the bid security shall be deposited into the City Treasury. Forfeiture does not preclude the Long Beach Utilities from seeking all other remedies provided by law to recover losses sustained as a result of Bidder’s failure to enter a contract or to furnish the required bonds, insurance certificates and endorsements, including a claim against the bidder’s bond.

Note: The cashier’s or Certified Check received from unsuccessful bidders in lieu of a bid bond shall be returned upon the LBU awarding of a contract.

LBU may reject any Bid not accompanied by such Bid Bond. Sureties that are not listed in the latest revision of the United States Department of the Treasury Circular 570 shall nevertheless be admitted to issue bonds in the State of California.

XXIII. FAITHFUL PERFORMANCE BOND

The successful bidder will be required to furnish prior to award of the Contract, within five calendar days after selection by LBU and acceptance of the BID, a Performance Bond in the amount of one hundred percent (100%) of the Total Bid Price. The cost of the Faithful Performance Bond shall be included in the Bid Price.

The Faithful Performance Bond of the selected BIDDER shall be retained by LBU until the end of performance guarantee period. However, the price for said Performance Bond shall be included in the Bid Price.

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

BID FORM

LONG BEACH UTILITIES

EQUIPPING OF GROUNDWATER TREATMENT PLANT FILTER GALLERY

VALVE REHABILITATION PROJECT

PHASE 1 - VALVE AND ACTUATOR PURCHASE

BID SCHEDULE

1. In submitting this Bid, Bidder represents that Bidder has examined and carefully studied the documents provided in this RFB and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

2. Complete the cost table below based on compliance with the contract documents, attached plans and specifications.

To be compliant, Bidder must fill in all of the table including the unit price and total price for all items:

Bid Item No.

Item Description Qty. Unit Unit Price ($) Total ($)

VALVES AND ACTUATORS

OVERALL BID ITEMS

1 Furnish 14-inch lug style Class 150B Butterfly Valve for above-ground service within the gallery of water treatment plant per attached specifications and exhibit, includes shipping, handling and delivery

7 EA $ $

2 Furnish 24-inch flanged style, double offset Class 150B Butterfly Valve for above-ground service within the gallery of water treatment plant per attached specification and exhibit, includes shipping, handling and delivery

10 EA $ $

3 Furnish 36-inch flanged style, double offset Class 150B Butterfly Valve for above-ground service within the gallery of water treatment plant per attached specification and exhibit, includes shipping, handling and delivery

10 EA $ $

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

Bid Item No.

Item Description Qty. Unit Unit Price ($) Total ($)

4 Furnish electric motor actuator for existing 12-inch flanged style, double offset Class 150B Butterfly Valve for above-ground service within the gallery of water treatment plant per attached specification and exhibit, includes shipping and handling

5 EA $ $

5 Furnish electric motor actuator for 14-inch lug style Class 150B Butterfly Valve for above-ground service within the gallery of water treatment plant per attached specification and exhibit, includes shipping and handling

7 EA $ $

6 Furnish electric motor actuator for 24-inch flanged style, double offset Class 150B Butterfly Valve for above-ground service within the gallery of water treatment plant per attached specification and exhibit, includes shipping and handling

5 EA $ $

7 Furnish modulating electric motor actuator for 24-inch flanged style, double offset Class 150B Butterfly Valve for above-ground service within the gallery of water treatment plant per attached specification and exhibit, includes shipping and handling

5 EA $ $

8 Furnish electric motor actuator for 36-inch flanged style, double offset Class 150B Butterfly Valve for above-ground service within the gallery of water treatment plant per attached specification and exhibit, includes shipping and handling

10 EA $ $

9 Up to 12 months of approved local storage (within 50 miles from zip code 90806) of valve and actuator

12 MONTH $ $

10 Testing and required valve/actuator adjustments at a local certified facility per attached specification

1 LS $ $

11 Startup and Adjustment 15 DAY $ $

12 Extended Five (5) year Warranty for all valves and actuators

1 LS $ $

13 Owner Directed Changes 1 LS $50,000 $50,000

Total Bid Price (Items 1-13) $_____________

Request For Bid (RFB) for Groundwater Treatment Plant (GWTP) to replace valves and actuators of the filtration system. Pre-Purchase for Valves and Actuators of GWTP.

Actuators and valves shall be assembled, and factory tested per specifications. Supplier is required to hold valve and actuator until picked up by the construction contractor. Materials are required to be delivered by February 16, 2024, to the approved storage site within 50 miles from zip code 90806.

The above prices shall include all labor, materials, overhead, profit, insurance, and incidentals required to complete the work.

A The 14-inch lug style Class 150B Butterfly Valve shall be as specified in the attached specification Section 33 12 15, plans, and all other referenced specifications…