WD-23-075 Highway Towable Air Compressor.pdf

FURNISH AND DELIVER

ONE (1) HIGHWAY-TOWABLE AIR COMPRESSOR

Specifications

WD- 23-075

August 2023

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

WD 23-075

Furnish and Deliver One (1) Highway-Towable Air Compressor 2 | P a g e

Table of Contents

I. NOTICE INVITING BIDS

II. INSTRUCTIONS TO BIDDER

III. GENERAL CONDITIONS

IV. BID PROTEST PROCEDURES

V. GENERAL SPECIFICATIONS

a. CONTRACT PERIOD

b. BASIS OF AWARD

c. BID BOND

d. SHIPPING (SPECIAL) INSTRUCTIONS

e. INSTALLATION

f. CONTRACT PRICES

g. AWARD OF CONTRACT

h. FUTURE AMENDMENTS

i. BIDDER REPRESENTATIONS

j. ADDENDUM (IF APPLICABLE)

k. TEMPORARY SUSPENSION OF WORK

l. RIGHT TO REJECT BID

m. INSURANCE

n. LEGAL DISCLOSURES

o. ADEQUATE STOCK

p. MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISE OUTREACH

q. BUSINESS LICENSE

r. PUBLIC RECORDS

s. CONFLICT OF INTEREST

VI. DETAILED SPECIFICATIONS

a. THE REQUIREMENT

b. MANUALS

c. DATA REQUIRED OF BIDDER

d. STATE OF CALIFORNIA VEHICLE REGISTRATION

e. REFERENCES

f. WARRANTY

g. OPTIONAL EXTENDED WARRANTY

h. WARRANTY REPAIR (COMPLETION) SCHEDULE

i. SERVICING

j. INSPECTION

k. CONTRACTOR PRE-BUILD MEETING

l. DEVIATIONS

m. DELIVERY

n. AUTHORIZED DISTRIBUTOR/ DEALER

o. LIQUIDATED DAMAGES

p. PAYMENT

Furnish and Deliver One (1) Highway-Towable Air Compressor 3 | P a g e

q. OUT OF STATE CONTRACTORS

r. SALES TAX

s. NEW AND UNUSED

t. CONTRACTOR ORIENTATION MEETING

u. DEFAULT BY CONTRACTOR

VII. BID FORM SECTION

Furnish and Deliver One (1) Highway-Towable Air Compressor 4 | P a g e

I. NOTICE INVITING BIDS

Bids are invited by the Long Beach Utilities Department to furnish and deliver ONE (1) HIGHWAY-TOWABLE AIR COMPRESSOR to the Long Beach Utilities Department (LBU) in accordance with Specifications WD- 23-075.

Specifications WD- 23-075 is available online via the City’s Long Beach buys portal at https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml under the bid invitation number and via email request to Matthew.Franzman@lbwater.org

LBU will accept questions within the deadlines listed below. All inquiries regarding this invitation must be submitted in writing via email only to Matthew.Franzman@lbwater.org by the deadline listed below. Responses to the questions will be posted on https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml 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.

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 by the Department Contact.

Deadlines DATE/TIME

Question Submittal 08/28/2023 @ 10:00 a.m.

Answers to be posted on Long Beach 08/29/2023 @ 10:00 a.m.

Buys under bid invitation

Bid Opening 09/07/2023 @ 11:00 a.m.

Bids shall be submitted electronically via the City’s secure online bidding system Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml. All required sections of the Bid must be submitted via the Long Beach Buys portal. Vendors must be registered with Long Beach Buys in order to submit a proposal. Registration can be complete at https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml. Bids are to be submitted by Thursday, September 7th, 2023 no later than 10:00 A.M. Vendors may submit their bid any time prior to the above stated deadline.

Late bids, or bids submitted through other channels will not be accepted and will be returned unopened. Vendors 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. LBU will only receive bids that were transmitted successfully.

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 vendor has been selected.

https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml

Furnish and Deliver One (1) Highway-Towable Air Compressor 5 | P a g e

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&wdL OR=c713C83D7-4896-4449-9834-FB4A3401C10C.

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

The following items shall be submitted as general attachments to the bidder’s bid submittal.

Bidders that do not include these items may be deemed non-responsive and their bids may be rejected.

_____ Addendum (if applicable) _____ Minority, Women and Other Business Enterprise Outreach (page 16) _____ Detailed specification checklist (pages 18-23) _____ Bid list indicating the particular engine and the optional features, equipment, and accessories that will be included with the vehicles _____ Authorized Distributor/ Dealer (page 26) _____ Bid Form (pages 28-30) _____ Statement of Non-Collusion (page 31) _____ Copies of manufacturer's standard warranties for the vehicle and proposed equipment as specified 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

II. 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 quote separately on each item. Bidder shall quote his lowest price and best delivery date as no changes are permitted after the bid opening. Cash discounts offered for payment within fourteen (14) days or less will not be considered when evaluating bids. 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 at least five (5) working days before bid opening date unless directed otherwise in these Specifications. 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 unless a lesser period is prescribed in the quotation by Bidder. 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 contractor or service provider. Furthermore, LBU may determine that its needs and requirements may be met by LBU labor or by a second contractor or service provider, even after an award is made to one contractor 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. PAYMENT:

Payment terms are NET/30 unless Bidder otherwise quotes. All Cash Discounts shall be taken and computed from the date of delivery or completion and acceptance of the material, or from date of receipt of invoice, whichever occurs last. Invoices must be submitted as specified at the time of shipping authorization.

Partial payments may be made by LBU on delivery & acceptance of goods and on receipt of goods and on receipt of Contractor’s invoice.

In the event the Contract to be awarded hereunder, including specifications and other documents incorporated therein by reference, provides for the withholding of moneys by LBU to ensure performance of such Contract, Contractor may deposit with LBU, as a substitute for said withheld moneys, securities listed in Section 16430 of the California Government Code or bank or savings and loan, certificates of deposit, or both, equivalent to the amount withheld, provided Contractor requests permission to make such substitution and bears all expenses in connection therewith

9. SAFETY APPROVAL:

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

10. 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

11. PUBLIC WORK AND PREVAILING WAGES:

In the performance of public work under any Contract, Contractor shall comply with the provisions of Standard Specifications for

Furnish and Deliver One (1) Highway-Towable Air Compressor 7 | P a g e

Public Works Construction, latest edition, and Long Beach Utilities Department Amendments thereto.

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

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

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

12. 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.

13. 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.

14. 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.

15. CITY POLICY FOR MINORITY AND WOMEN OWNED

BUSINESSED:

The City of Long Beach is committed to providing maximum opportunities for Disadvantaged, Minority, Women and Long Beach Business Enterprises (DBEs, MBEs, WBEs and Local) to compete successfully in supplying our needs for products and services.

Please visit http://www.longbeach.gov/purchasing/diversity.asp for more information on the City’s Diversity Outreach Program.

SUBCONTRACTORS

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

The following Minority- or Woman-owned subcontractors are to be utilized to provide equipment, material, supplies and/or services for this Contract requirement:

Company Name:

Address:

Commodity/Service Provided:

Circle appropriate designation: MBE WBE

Ethics Factors of Ownership: (more than 51%) Black ( ) American ( )

Indian Hispanic ( ) Other Non- ( ) White Asian ( ) Caucasian ( )

Certified by:

Valid thru:

Dollar Value of participation: $

16. 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.

SUBMIT TO:

Bids shall be submitted electronically via the City’s secure online bidding system Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/view/ login/login.xhtml.

BID DUE DATE: 09/07/2023

TIME: 10:00 AM

IF BIDDER HAS ANY QUESTIONS REGARDING THIS INVITATION TO

BID PLEASE CONTACT THE FOLLOWING CITY PERSONNEL.

A. COMMERCIAL (TERMS AND CONDITIONS, ETC)

Matthew Franzman (562) 570-2408

DEPARTMENT CONTACT TELEPHONE

B. TECHNICAL (SPECIFICATIONS, METHODS, ETC)

Michael Herrbach (562) 570-2440

DEPARTMENT CONTACT TELEPHONE

17. BID OPENING PROCEDURES:

All Bids will be publicly opened and read at the date and time specified in Instructions to Bidders, item 16. Thereafter, price information on these Bids will not be released until the department has reviewed them and award has been approved by LBU Board and LBU Attorney. At that time, the information becomes public.

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

18. 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.)

19. AMERICAN WITH DISABILITIES ACT:

Contractor 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 contractor 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.

http://www.longbeach.gov/purchasing/diversity.asp

Furnish and Deliver One (1) Highway-Towable Air Compressor 8 | P a g e

III. GENERAL CONDITIONS

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

2) Definitions

A) Bidder

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

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

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

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

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

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

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

H) LBU

Long Beach Utilities Department

3) No charges for taxes, transportation, boxing, packaging, crating or returnable containers will be allowed and paid by

LBU unless separately stated hereon. All sales, use, excise or similar taxes to be paid by LBU must be itemized separately hereon and on invoices. LBU is exempt from payment of Federal Excise Tax under Certificate No. 95-73 0502K and none shall be charged to LBU.

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

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

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

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

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

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

Furnish and Deliver One (1) Highway-Towable Air Compressor 9 | P a g e

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

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

12) No return or exchange of material, equipment, or supplies shall be permitted without written approval of LBU’s

Purchasing Agent.

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

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

15) All materials, supplies and equipment provided under this Contract shall be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California, Title 8, California Code of Regulations (CAL/OSHA) and all applicable OSHA regulations as well as all other applicable California Code of Regulations.

Contractor shall indemnify and hold the Board and City, its officials, and employees harmless for, of, and from any and all loss, including, but not limited to fines, penalties. and corrective measures they may sustain by reason of Contractor’s failure to comply with said laws, rules, and regulations in connection with the performance of this Contract.

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

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

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

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

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

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

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

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

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

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

Furnish and Deliver One (1) Highway-Towable Air Compressor 10 | P a g e

Contractor’s bid shall take priority over said samples and this Invitation and Contractor’s bid shall become the Contract between LBU and the Contractor.

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

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

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

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

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

29) The California Integrated Waste Management Act (Public Resources Code, Sec. 40000 et seq.) requires governmental entities to achieve fifty (50) percent diversion of waste. In conjunction with the City’s Integrated Resources Bureau, the City is currently developing an Environmentally Preferable Product (EPP) procurement plan.

These guidelines enable the City Purchasing Agent to greatly expand procurement programs by moving beyond a singular consideration of “recycled-content”. EPP procurement facilitates the purchase of products that qualify within a broad range of “environmentally preferable” criteria, such as: minimal packaging; energy savings; non-toxic;

manufactured from sustainably-harvested materials. Contractor shall monitor products that fall within the EPP guidelines and document all criteria that qualify the product as an EPP. Documentation from the manufacturer will be acceptable and may be required during the term of the Contract.

30) NOTICE TO BIDDERS REGARDING THE PUBLIC RECORDS ACT:

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

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

31) THE FOLLOWING ADDITIONAL CONDITIONS APPLY ONLY IN CASES WHERE CONTRACTOR IS TO

PERFORM WORK ON CITY PROPERTY:

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

B) Contractor shall carry on the Work at its own risk until the same is fully completed and accepted and shall, in case of any accident, destruction, or injury to the Work or materials before its final completion and acceptance, repair, or replace the Work or materials so injured, damaged, and destroyed, at his own expense

Furnish and Deliver One (1) Highway-Towable Air Compressor 11 | P a g e and to the satisfaction of LBU. When materials and equipment are furnished by others for installation or erection by Contractor, Contractor shall receive, unload, store, and handle same at the Site and become responsible as though such materials and equipment were being furnished by Contractor under the Contract.

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

(1) Comprehensive General Liability: $1,000,000 combined single limit for each occurrence or $2,000,000

General Aggregate for bodily injury, personal injury, and property damage, including products and completed operations coverage.

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

(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.

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 LBU.

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

D) Contractor 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 Contractor at the Site.

E) 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 Contractor’s Bid

Furnish and Deliver One (1) Highway-Towable Air Compressor 12 | P a g e

IV. BID PROTEST PROCEDURES

Section 1: Who May Protest?

Only a bidder who has actually submitted a bid proposal is eligible to protest a bid. The Long Beach Utilities Department (LBU) will not accept or entertain bid protests from manufacturers, vendors, suppliers, subcontractors, or the like. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

Section 2: Time for Protest

A bidder desiring to protest a bid shall file the protest within five (5) business days following the date of the electronic notification of intent to award is posted. The General Manager, or designee, must receive the protest by the close of business on the fifth (5th) business day following the issuance of notice of intent to award.

Section 3: Form of Protest

The protest must be in writing and signed by the individual who signed the bid or, if the bidder is a corporation, by an officer of the corporation and addressed to the General Manager, or designee. A protest shall not be made by e-mail or fax and the LBU will not accept such. A protest must set forth a complete and detailed statement of the grounds for the protest and include all relevant information to support the grounds stated, must refer to the specific portion(s) of the Contract Documents upon which the protest is based, and shall include a valid e-mail address, street address, and phone number sufficient to ensure the LBU's response will be received.

Section 4: Additional Information

Once the protest is received by the General Manager, or designee, the LBU will not accept additional information on the protest unless the LBU itself requests it. In that case, the additional information must be submitted within three (3) business days after the request is made and must be received by the General Manager, or designee, by the close of business on the third (3rd) business day.

Section 5: LBU Response to Protest

The General Manager, or designee, will respond by e-mail and regular mail to the addresses provided in the protest with a decision regarding the protest within ten (10) business days following receipt of the protest. This decision shall be final.

Section 6: Limitation of Remedy

The procedure and time limits set forth herein are mandatory and are the bidder's sole and exclusive remedy in the event of bid protest. The bidder's failure to comply with these procedures shall constitute a waiver of any right to further pursue a bid protest including filing a Government Code Claim or initiation of legal proceedings.

Furnish and Deliver One (1) Highway-Towable Air Compressor 13 | P a g e

V. GENERAL SPECIFICATIONS

a. CONTRACT PERIOD

Not Applicable.

b. BASIS OF AWARD

Quantities will not be considered in making this award. LBU will determine the lowest responsible bidder based on the Unit Prices given and in accordance with the provisions of the Specifications.

c. BID BOND

A bid bond will not be required for this purchase.

d. SHIPPING (SPECIAL) INSTRUCTIONS

FOB: 1731 E. 33rd Street Long Beach, CA 90807

e. INSTALLATION

The Highway-Towable Air Compressor shall be ready for use when delivered.

f. CONTRACT PRICES

The price quote shall be the firm Contract price for all items ordered. The price quote shall include cost of delivery and ALL other associated fees to deliver the vehicle to the LBU facility or facilities identified under DELIVERY Section. Other costs NOT listed in the price quote may not be added at the time of invoicing.

g. AWARD OF CONTRACT

LBU shall award, to the lowest responsible bidder in accordance with the provisions of the Specifications. Furthermore, the LBU reserves the right to reject all bids for any particular item or items.

Bidders shall have a representative in the State of California authorized to represent the company in all matters pertinent to furnishing and delivering the vehicles required in these Specifications.

LBU shall award a single contract embracing all bid items as set forth.

h. 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 the General Manager and executed by the Contractor and the LBU.

Furnish and Deliver One (1) Highway-Towable Air Compressor 14 | P a g e

i. BIDDER REPRESENTATIONS

By submitting a bid, Bidder represents that it:

• Has thoroughly examined and become familiar with the Specifications required under this bid.

• Are capable of performing in accordance with Specifications.

• Acknowledges that its bid is valid for 90 days and the quote cannot be withdrawn within that time.

j. ADDENDUM (IF APPLICABLE)

During the advertising period, an addendum may be issued, which includes changes and/or additions to the original Invitation to Bid. Bidders shall acknowledge the receipt of the addendum by signing and submitting it with their bid as a general attachment. Proposers that do not include a signed copy of posted Addendum with their bid may be deemed non-responsive and their bid may be rejected. Addendum submittal may not be accepted after the bid due date.

Addendums will be posted on the City’s Long Beach Buys portal, https://longbeachbuys.buyspeed.com/bso/view/login/login.xhtml under the bid invitation number and via email request to Matthew.Franzman@lbwater.org.

k. TEMPORARY SUSPENSION OF WORK

l. 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.

m. INSURANCE

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

n. LEGAL DISCLOSURES

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

o. ADEQUATE STOCK mailto:%20Matthew.Franzman@lbwater.org

Furnish and Deliver One (1) Highway-Towable Air Compressor 15 | P a g e

p. MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISE OUTREACH

In accordance with CalEMA/Grantor directives, as applicable, firms who represent small business enterprises (SBEs), minority business enterprises (MBEs) and women business enterprises (WBEs) are encouraged to participate in competition for this opportunity. Any such enterprise shall include the appropriate SBE/MBE/WBE certification along with its bid.

The Awarded Contractor agrees that, to the extent contractors or subcontractors are utilized, the Awarded Contractors shall use small, minority, women-owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable and shall take the affirmative steps as set forth in 49 CFR §13.36(e).

The following information is submitted regarding the bidder:

Check all that Apply

Minority Business Enterprise (MBE)

Women Business Enterprise (WBE)

Disadvantaged Business Enterprise (DBE)

Local Business Enterprise (LBE)

Legal Form of Proposer:

Corporation State of __________

Partnership State of __________

General Limited

Joint Venture

Individual DBA

Limited Liability Company State of __________

Composition of Ownership (more than 51% of ownership of the organization): OPTIONAL Ethnic (Check one):

Black Asian Other Non-white

Hispanic American Indian Caucasian

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

Male Yes - Physically Challenged Under 65

Female No – Physically Challenged Over 65

Is the firm certified as a Disadvantaged Business: Yes No

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

Yes No Name of certifying agency:

Furnish and Deliver One (1) Highway-Towable Air Compressor 16 | P a g e

q. BUSINESS LICENSE

The Long Beach Municipal Code (LBMC) requires all businesses operating in the City of Long Beach to pay a business license tax. In some cases the City may require a regulatory permit and/or evidence of a State or Federal license. Prior to issuing a business license, certain business types will require the business license application and/or business location to be reviewed by the Development Services, Fire, Health, and/or Police Departments. For more information, go to www.longbeach.gov/finance/business_license.

In accordance with Municipal Code (Section 3.80.210) a business license is required under the following conditions:

(a) If you are providing a service in Long Beach, CA

(b) If you are providing and delivering a product in Long Beach, CA

For more information, contact the Business License Section at 562-570-6211 or by e-mail to lbbiz@longbeach.gov.

Long Beach Business License Number:

(Only Required Upon Notification of Award)

The undersigned hereby declares that the Contractor has a valid State of California Contractor's License sufficient to qualify as a Contractor in this case and a current City of Long Beach Business License; and will obtain all required permits.

A. California Contractor's License No.: ____________________________________

Expires: ___________________________ Classification: ______________________

Awarded Contractor(s) must have a valid Long Beach Business License prior to contract execution. At the time of Quote submittal, a Long Beach Business License is not mandatory;

however, if the Contractor has already filed, information may be submitted above.

r. PUBLIC RECORDS

Bids will become public record after a contract award is submitted to the Board of Utilities Commissioners for approval, unless the bid or specific parts of the bid can be shown to be exempt by law. Each bidder may clearly label all or part of a 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.

s. 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.

http://www.longbeach.gov/finance/business_license

Furnish and Deliver One (1) Highway-Towable Air Compressor 17 | P a g e

VI. DETAILED SPECIFICATIONS

a. THE REQUIREMENT

Furnish and deliver to the LBU one (1) Highway-Towable Air Compressor complete with all features and equipment advertised as “standard” and specified, and shall comply with all the minimum requirements in this Section. The air compressor shall be current year model. The Highway-Towable Air Compressor shall comply with the latest editions of the California Vehicle Code, California Code of Regulations, California Division of Industrial Safety, California Air Resources Board (CARB), OSHA, and all other applicable State and Federal laws. The Highway-Towable Air Compressor shall be built in accordance to the National Highway Traffic Administration and U.S. Department of Transportation.

The Highway-Towable Air Compressor shall meet the Federal Gross Vehicle Weight Rating (GVWR) and all components shall have corresponding GVW ratings.

Listed below are the minimum specifications for one (1) Highway-Towable Air Compressor.