1800 E. Wardlow Road, Long Beach, CA 90807

562.570.2300│LBUtilities.org

May 15, 2023

Subject: Request for Proposal (RFP) to Provide Construction Management and Inspection Services for the Large Potable Water Valve Replacement – Willow Street Project (EO-3598)

The Long Beach Utilities Department (LBUD) intends to engage the services of a professional engineering consulting firm (Consultant) to provide construction management and inspection services for the Large Potable Water Valve Replacement – Willow Street (Project).

LBUD anticipates the start of construction of the Project in November 2023.

The construction cost estimate for the Project is $1,641,000. The Consultant shall provide construction management services, inspection services, engineering support, coordination with LBUD staff and agencies, and represent LBUD for the duration of the Project.

A digital pre-proposal meeting will be held on June 15, 2023 at 1:00 p.m. The purpose will be to discuss the scope of work to be performed under the Request for Proposal (RFP). RSVP for the pre-proposal meeting by sending an e-mail to Ryan Hiney (ryan.hiney@lbwater.org) and include the subject line “Construction Management and Inspection Services for the Large Potable Water Valve Replacement – Willow Street Project: RSVP to Pre-Proposal Meeting”. It is encouraged to RSVP a minimal of 48 hours prior to the meeting to ensure invitation is sent to you.

If your firm would like to be considered for providing these engineering services, please submit the information requested in this RFP as posted on Long Beach Buys (https://longbeachbuys.buyspeed.com/bso/). Proposal shall be submitted electronically via the City’s Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/. Vendors must be registered with Long Beach Buys to submit a proposal. Please note changes or notices to this RFP will only be posted on Long Beach Buys.

The following exhibits have been included in this RFP:

Exhibit “A”: Scope of Work Exhibit “B”: Letter Proposal Requirements Exhibit “C”: Additional Information Exhibit “D”: Sample Consultant Agreement Exhibit “E”: Sample Fee Schedule Exhibit “F”: Construction Drawings Exhibit “G”: Project Specifications

Proposal must be posted to Long Beach Buys no later than 4:00 p.m. on Thursday, July 6th, 2023. The submittal must be clearly marked “Construction Management and Inspection

2 | P a g e

Services for the Large Potable Water Valve Replacement – Willow Street Project (EO- 3598)”

If you have any questions in regards to Long Beach Buys, please visit City of Long Beach Department of Financial Management Purchasing Division for additional information (http://www.longbeach.gov/finance/business-info/purchasing-division/). Technical support for Long Beach Buys is available by phone at (562) 570-6200 during normal business hours (8am – 6pm PT Monday through Friday).

The LBUD reserves the right to reject any or all proposals. The LBUD will select the Consultant, which appears most likely to provide the services under the conditions that would be in the best interest of the LBUD.

Please contact Ryan Hiney (ryan.hiney@lbwater.org) if you have any questions regarding this project.

Sincerely, Jinny Huang-Uy, P.E.

Manager of Engineering

Attachments: Exhibits A, B, C, D, E, F, and G cc: Matthew Cruz, Civil Engineer

Ryan Hiney, Civil Engineering Assistant

REQUEST FOR PROPOSAL (RFP)

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR LARGE

POTABLE WATER VALVE REPLACEMENT - WILLOW STREET PROJECT

(EO-3598)

Approved this day of , 20.

Robert J. Verceles

Director of Engineering / Chief Engineer

Authorized this day of , 20.

Christopher J. Garner General Manager

Approved as to Form this day of _

Dawn Mclntosh

City Attorn(

By:

Richacd^Anthony^

Principal Deputy City Attorney

18th May 23

18th May 23

A - 1

CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR LARGE POTABLE WATER VALVE

REPLACEMENT – WILLOW STREET PROJECT

EXHIBIT "A"

SCOPE OF WORK

I. PURPOSE

The Long Beach Utilities Department (LBUD) intends to engage a professional engineering consultant (Consultant) to provide construction management and inspection services during construction for the Large Potable Water Valve Replacement – Willow Street (Project).

CONSULTANTs shall refer to Exhibit “B” and RFP cover letter for Letter Proposal Requirements and Licensing Requirements.

II. SCHEDULE

LBUD is currently in the process of finalizing the construction documents for the Project.

According to the current schedule, LBUD anticipates advertising the Project for construction bidding June 2023 and commence construction in November 2023. The specifications provide for one hundred sixty (160) calendar days of construction time from the issuance of the notice-to-proceed.

Consultant shall include thirty (30) additional calendar days beyond the contract days for inspection and administrative services, as defined in Subtask No. 8 of Task B - Additional Services during Construction.

III. PROJECT DESCRIPTION

The Large Potable Water Valve Replacement – Willow Street Project includes removing six (6) existing 20-inch gate valves including bypass valves, chlorination assemblies, air release valve assemblies, and associated piping, fittings, and accessories, and replacing with new 20-inch butterfly valves including new bypass valves, chlorination assemblies, air release valve assemblies, piping, fittings, and accessories, installation and removal of temporary line stops, including pavement surface restoration, traffic control, chlorination and testing necessary to connect and place in service the pipelines and associated appurtenances.

The Large Potable Water Valve Replacement – Willow Street Project is considered critical. The large potable water valves to be replaced are inline with the transmission

A - 2 potable water lines. The project is time sensitive and will require coordination with various utilities companies. The Project’s specification and design drawings have specific requirements for the Contractor to follow. This Project also includes work within Caltrans right-of-way. LBUD is in the process of obtaining the Caltrans encroachment permit.

The Project is located at the following 3 locations:

Location 1: Located at the intersection of Willow Street and Delta Avenue, west of the W. Willow Street exit off the Long Beach Freeway (I-710).

Location 2: Located at the intersection of Willow Street and Santa Fe Avenue, further west of the Willow Street exit off the Long Beach Freeway (I-710).

Location 3: Located at the intersection of W Spring Street and Delta Avenue, north of the Willow Street exit off the Long Beach Freeway (I-710).

The Engineer’s estimate for this construction project is $1,687,315.

IV. PRELIMINARY TASK DESCRIPTION

TASK A – NON-OPTIONAL WORK

Subtask No. 1: Project Management

1.1 General Administration - The Consultant shall perform the following:

1.1.1 At the beginning of this Project, a work plan will be prepared to set forth the significant milestones and deliverables for the members to ensure compliance with the established project execution strategy and project goals. Presentation and review of the work plan will be done at the kickoff meeting. Consultant shall forward an updated work plan to LBUD every two (2) weeks.

1.1.2 The Consultant along with the project team and subconsultants shall coordinate efforts of PROJECT, monitor schedules and budgets, and administer the contract with LBUD.

1.1.3 Provide a submittal schedule and revise/update as required due to changes during the Project duration.

1.1.4 The Consultant’s project manager shall review all submittals before they are presented to LBUD, and assure consensus of content prior to providing submittal responses.

1.1.5 Contact all agencies that may be involved in the Project. It shall be the responsibility of the Consultant to determine all agencies that will be involved in the Project.

1.2 Meetings - The Consultant shall perform the following:

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1.2.1 At the commencement of the Project, the Consultant will hold a "kickoff" meeting with LBUD staff to discuss the scope and parameters of the Project as well as LBUD's experience with the existing facilities. Specific goals to be accomplished will be identified and effective strategy to accomplish the project goals will be developed during this meeting. Prepare a memorandum to document the established project goals and the project execution strategy. This memorandum will serve as the basis for subsequent action, in accordance with this Scope of Work.

1.2.2 The project engineers assigned by Consultant and LBUD shall meet weekly after the kickoff meeting during the Project. Consultant shall assign appropriate engineering specialty staff or principals, or arrange for appropriate subconsultant’s representatives to accompany the project engineer, to meet with LBUD staff members whose responsibilities correspond to the specialties of the persons accompanying the project engineer.

1.2.3 Coordinate with LBUD personnel and representatives of utilities, government agencies, City departments, and affected business owners to determine issues during construction.

1.2.4 Arrange for and participate in informal meetings as necessary (in addition to the meetings mentioned above) with LBUD to review progress of the Project and exchange ideas and information.

1.2.5 Meet with LBUD to discuss the key design/construction issues and develop general project criteria for construction, including schedule and possible ways of minimizing problems. Prepare and submit approved meeting agendas at least two (2) working days prior to each meeting.

1.2.6 Include in the engineering fee the time and costs of meetings with the LBUD and other agencies to establish an orderly development of the Project.

1.2.7 Record the minutes of all meetings and shall submit a copy of the minutes to the LBUD within five (5) working days after each meeting.

Subtask No. 2: Construction Engineering Support

2.1 Office Engineering and Support - Consultant shall perform the following:

2.1.1 Provide general contract administration for the construction of the Project.

Provide office engineering and consultation, and coordinate with LBUD and other staff in management of the construction contract.

2.1.2 Maintain submittal log for the project.

2.1.3 Interpret the contract document through Request for Information/Request for Clarification (RFI/RFC). Consultant shall assume ten (10) RFI/RFC for review.

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The Consultant may propose a different quantity of RFI/RFCs based on review of the Project’s Plans and Specifications.

2.1.4 Review all construction shop drawings, fabrication and mill testing of equipment and materials for complete and strict conformance with the contract plans, specifications and documents. Consultant shall assure itself that any deviations or substitutions submitted by the contractor shall be equal to or of better quality than specified in the contract documents. Consultant shall recommend and review all substitutions with the LBUD’S staff, and receive LBUD’S concurrence prior to approving any substitution. Consultant shall submit to LBUD two (2) copies of all preliminary and final shop drawings that have been reviewed for conformance.

Consultant shall assume forty (40) submittals for review. The Consultant may propose a different quantity of submittals based on review of the Project’s Plans and Specifications.

a) Coordinate and direct testing of equipment, materials and appurtenances for conformance with design concepts and the construction contract plans, specifications and documents. Those tests will be conducted by the vendor or contractor to assure conformance with the designer's intent and operational criteria. Consultant shall review and evaluate said tests and make appropriate recommendations to LBUD prior to the installation of equipment and the acceptance of the constructed or furnished facilities.

b) Coordinate and assist in the verification of intermediate and final acceptance.

Final acceptance shall require all the components of the facility to be fully operational, including necessary testing, start-up and jurisdictional transfer of all or the respective portions of each substantially completed facility from its construction phase to LBUD operational phase.

2.1.5 Prepare supplementary sketches and details as required to resolve field construction problems that may be encountered.

2.1.6 Provide and utilize a Document Management application, state the program and how this will be utilized. Consultant shall train the contractor to use the selected Document Management application, if necessary. The Consultant’s proposed Document Management application is subject to LBUD’s approval. The Document Management application shall be a cloud based application that LBUD has constant access to. Document Management application shall be updated daily to include daily progress reports, photos, and other documents generated each day.

2.2 Resident Engineering - Consultant shall perform the following:

2.2.1 Provide a resident engineer for the PROJECT. Resident engineer shall be on-call 24-hours a day, seven days a week during construction.

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2.2.2 Meet weekly with LBUD staff to update Project status and schedule.

Submit an updated schedule at each weekly meeting. The schedule shall be prepared on Microsoft Project or some similar software.

2.2.3 Clarify construction changes and irregularities.

2.2.4 Submit the Contractor’s progress payment requests to LBUD for approval after review for conformance with the contract documents.

2.2.5 Negotiate, prepare and process change order(s) and/or extra work order(s).

2.2.6 Review the Contractor’s up-to-date construction information recorded by Project inspector(s) during the course of construction to be used in preparation of the construction record drawings.

2.2.7 Assist in response to the public regarding Project questions and concerns.

2.2.8 Coordinate with the Contractor and ensure distribution of public notifications, notice to residents and other documents for distribution.

2.3 Record Drawing Preparation - Consultant shall perform the following:

2.3.1 Record up-to-date construction information during the course of construction for later use in preparing the construction record drawings. The redlines should be maintain by the construction inspector and review at the weekly meetings.

2.3.2 Update existing electronic drawing files in AUTOCAD Civil 3D 2020 format and include all field changes. Submit the electronic files (*.dwg) on electronic media and a consolidated electronic (PDF) file of a draft record drawing set for review by

LBUD.

2.3.3 Once draft record drawings are accepted by LBUD, finalize the record drawings and submit one (1) full-size copy of the record drawing, and the electronic files (PDF and CAD files).

Subtask No. 3: Construction Inspection

3.1 Construction Inspection - Consultant shall perform the following:

3.1.1 Provide a full-time equivalent inspector to observe the contractor's construction progress, attend meetings with LBUD and the contractor regarding project schedules. Inspector shall be on-call 24-hours a day, seven days a week during construction.

3.1.2 Inspector shall be on-site whenever the contractor is working.

3.1.3 Meet weekly with LBUD staff to update project status and schedule.

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3.1.4 Furnish progress reports weekly and final construction report. In addition, include water discharge reports.

3.1.5 Assist in quality assurance in achieving conformance with the contract plans and specifications.

3.1.6 Assist and coordinate with the contractor in the notification procedures for the benefit of LBUD to affected consumers and/or properties.

3.1.7 Assist LBUD with respect to temporary shutdown of the involved utility, interruptions of normal utility service and diversion of utilities service to existing consumers, as required to construct the new facility.

3.1.8 Assist and coordinate with the contractor in notifying LBUD existing customers and/or affected properties of proposed temporary utility system shutdowns and detouring of or inconvenience to pedestrian and vehicular traffic during construction of the new facility.

3.1.9 Prior to the beginning of the construction, submit one set of digital photographs on CD/DVD and video on DVD indicating original status of the work sites.

3.1.10 Maintain daily construction progress reports, project logs, photos, etc., of the progress of the construction work. Consultant shall submit the following weekly documents to the LBUD:

a) A copy of the daily construction progress reports and project logs.

b) A summary of the construction progress for the prior reporting period.

c) One set of photographs taken with Digital Camera of the photo shall be submitted to LBUD at least once per month to show weekly progress.

3.1.11 Establish a punchlist during construction. Update the punchlist as construction progresses. Prepare subsequent and final inspections of the punchlist items completed by the Contractor.

3.1.12 At the conclusion of the Project, submit one complete set of construction progress photographs indicating scope of work and critical elements, mounted, identified, and indexed in notebook form.

Subtask No. 4: Coordination of Shutdown and Startup of Facilities

Coordinate with LBUD customers, LBUD engineering and operational staff on all temporary shutdowns and startups to minimize service interruptions.

Subtask No. 5: Concrete/Geotechnical/Soil Testing

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Provide testing services, which may include exploratory work, certified laboratory and field testing of soil compaction and other concrete/soil tests as necessary, professional guidance in tests to be made at test locations, and professional interpretation of exploratory and test data.

Provide testing services for possible soil contamination. If contaminated soil is encountered, provide guidance to ensure that the contractor handle and dispose of any hazardous materials per construction documents, applicable health and safety codes, and environmental regulations.

Subtask No. 6: Permit Coordination and Compliance

Review existing permits and coordinate with all permitting agencies to ensure compliance. Close all permits at the end of the Project. Assist LBUD in acquiring and complying with the necessary permits, including but not limited to the California Department of Transportation.

TASK B – OPTIONAL WORK

The following are optional items of work, and LBUD reserves the right to exercise its option to delete or proceed with these items. The tasks shall not be started without written authorization from LBUD.

Subtask No. 7: Additional Services during Construction

Consultant shall include thirty (30) calendar days of additional engineering services to cover the time overruns by the construction contractor. These services will include additional resident engineering and inspection time and other services to be required during the additional time.

Subtask No. 8: Extra Work

During the course of the work, conditions may occur that were not planned, anticipated or unforeseen. The extra service fee is based on 10% of the fees in Subtasks Nos. 1 through 6.

V. MISCELLANEOUS

All plans and other documents prepared by the Consultant on behalf of LBUD shall become the sole property of Long Beach Utilities Department.

VI. LBUD RESPONSIBILITIES

1. Provide project management. Assign an LBUD Project Manager to act as the project focal point.

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2. Provide or make available upon request, contract documents, reports, drawings, specifications, GIS land base maps (hard copy and digital), LBUD standard specifications, records and other data deemed useful for the Project.

3. Administer agreement and make payments to Consultant.

4. Award contract to contractor.

5. Provide coordination between LBUD, City, or other agency construction projects and major events to avoid interference of construction.

6. All printing and reproduction for bidding and construction

7. Pay permit fees.

8. Provide written public notifications according to Project Specifications.

B - 1

EXHIBIT "B"

LETTER PROPOSAL REQUIREMENTS

I. LETTER PROPOSAL REQUIREMENTS

Although no specific format is required by LBUD, this section is intended to provide guidelines to the Consultant regarding features, which LBUD will look for and expect to be included in the proposal.

1. Content & Format

Organize and present Letter Proposal in a neat and logical format. Consultant’s proposals shall be clear, accurate, and comprehensive. Excessive or irrelevant material will not be favorably received.

Proposals shall use a 10-point minimum font size, (maximum of 30 pages) including transmittal/offer letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. The purpose of these restrictions is to minimize the costs of proposal preparation and to ensure that the response to the RFP is fully relevant to the Project. Submit a separate Fee Proposal to contain only enough pages to clearly respond to the information that is requested in the RFP.

The letter proposal shall include the following:

a) Team Organization including an organization diagram.

b) Description of specific work tasks and activities, and concepts for conducting the work.

c) Descriptions of similar projects by the project manager and key staff to be used on this assignment.

d) Brief resumes of key staff listing CA PE number and showing a construction year for each project (one page per resume).

e) Project schedule indicating the time frame for completing each task contained within the scope of work.

f) Cost and billing schedule with current hourly billing rates for each of the specialized engineers and of each support service.

2. Scope of Services

A description of the work shall be included in this section. It should explain the technical approach, methodology, and specific tasks and activities that will be performed to address the specific issues and work items identified in the RFP. It

B - 2 should also include a discussion of constraints, problems, and issues that should be anticipated during the contract, and suggestions for approaches to resolving them.

Additionally, state in what ways and for what reasons the proposal deviates from the scope of work as presented by LBUD.

3. Statement of Qualifications

Describe the qualifications of the firm, key staff and subconsultants that will perform on the Project. The consultant and subconsultant qualifications shall be based on projects (less than ten) within the past five years that are similar in scope and size.

The consultant and subconsultants shall demonstrate competence to perform these services. The projects listed should be those that include key staff named for this Project and their responsibility for performing these services. Information shall include:

a) Names of key staff that participated on named projects and their specific responsibilities.

b) The client’s name, contact person, addresses, and telephone numbers.

c) A brief description of type and extent of services provided.

d) Completion dates (estimated, if not yet completed).

e) Total costs of the projects.

4. Project Team

The purpose of this section is to describe the organization of the project team including subconsultants and key staff. A project manager shall be named who shall be the prime contact and be responsible for coordinating all activities with LBUD. An organization diagram shall be submitted showing all key team members and illustrating the relationship between LBUD, the project manager, key staff, inspector, and subconsultants. There shall be a brief description of the role and responsibilities of all key staff and subconsultants identified in the team organization.

There should also be included in the section, brief resumes of key personnel who will provide these services demonstrating their qualifications and experience. Resumes should highlight education, experience, licenses, relevant experience, and specific responsibilities for services described.

5. Project Schedule

A project schedule shall be included which identifies in graphical format the timetable for completion of tasks, activities and phases of the Project, which correlate with the scope of work for the Project. There should be a brief discussion of any key assumptions used in preparing the timetable and identification of critical tasks and/or events that could impact the overall schedule, including review periods.

6. Fee Proposal

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The Consultant’s fees shall be itemized in accordance with the attached spreadsheet (Exhibit E). In preparing the fee proposal for this Project, the Consultant shall take into consideration the following:

a. Compensation for services shall be an hourly rate plus reimbursables with an upper limit.

b. A work plan, together with a breakdown of labor hours by employee billing classification, together with the cost of non-labor and subconsultant services shall be included with the fee proposal. The labor breakdown shall be compiled by project tasks and be based on a listing of work tasks that correlates with the Consultant’s defined scope of work for the project proposal. This information will be used by LBUD staff to evaluate the reasonableness of the fee proposal and may be used in negotiating the final fee amounts for the contract agreement.

c. The Consultant’s standard billing rates for all classifications of staff likely to be involved in the Project shall be included with the fee proposal along with the costs for any non-labor expenses and subconsultants.

d. Miscellaneous expenses should include only those expenses that are normally not covered by the Consultant’s overhead rates.

Allowables:

• Copying & postage

• Certain mileage & travel expenses

• Items requested by LBUD

• Outside services

Nonallowables:

• Computer charges

• Cost of telephone or facsimile equipment

• Health & Safety programs

• Administration charges

• Markups on non-labor expenses and subconsultants

e. The Consultant shall not exceed the upper limit without prior approval from the

LBUD.

7. Statement of Offer & Signature

The Proposal shall be signed by an individual authorized to bind the Consultant and shall contain a statement that the proposal is a firm offer for a 90-day period.

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EXHIBIT "C"

ADDITIONAL INFORMATION

I. GENERAL REQUIREMENTS

1. Insurance Requirements

The Consultant shall furnish with the proposal proof of the following minimum insurance coverage as shown in the attached sample Agreement (Exhibit D).

These minimum levels of coverage are required to be maintained for the duration of the project.

2. Standard Form of Agreement

The Consultant will enter into an agreement with LBWD based upon the contents of the RFP and the Consultant’s proposal. LBWD’s Agreement is included as Exhibit D.

The Consultant shall carefully review the Agreement, especially in regard to the indemnity and insurance provisions, and include with the proposal a description of any exceptions or changes requested to the standard contract. If there are no exceptions, a statement to that effect shall be included in the proposal. There is no guarantee that the exceptions or changes requested would be accepted. The Consultant shall be prepared to state their position on the exceptions or changes to the agreement or all requests will be denied.

3. Disclaimer

This RFP does not commit LBWD to award a contract, or to pay any costs incurred in the preparation of the proposal. The LBWD reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified Consultant, or to cancel this RFP in part or in its entirety. LBWD may require the selected Consultant to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations.

4. Late Proposals

It is Consultant's sole responsibility to ensure that its proposal is received at the LBWD office prior to the scheduled closing time for receipt of proposals. Proposals

C-2 received after the closing time specified in the RFP will not be considered and will be returned.

5. Withdrawal of Proposals

Proposals may be withdrawn if written notification of withdrawal of the proposal is signed by an authorized representative of the vendor and received at the LBWD office prior to the closing time for receipt of proposals. Proposals cannot be withdrawn after the time designated for receipt.

6. Assigned Representatives

The LBWD will assign a responsible representative to administer the contract, and to assist the Consultant in obtaining information. The Consultant also shall assign a responsible representative (project manager) who shall be identified in the proposal. The Consultant’s representative will remain in responsible charge of the Consultant’s duties from the notice-to-proceed through project completion. Any substitution of representatives or sub-consultants identified in the proposal shall first be approved in writing by the LBWD’s representative. LBWD reserves the right to review and approve/disapprove all key staff and subconsultant substitutions or removals, and may consider such changes which are not approved to be a breach of contract.

7. Site Inspection

Consultant is urged to make site visits and examinations so as to become thoroughly familiar with the conditions affecting their evaluation process. Failure to make such additional investigations will not be the grounds for additional claims or for extension of time under the contract, and will not relieve the Consultant of responsibility for meeting all requirements of the RFP.

II. CONSULTANT EVALUATION & SELECTION PROCESS

LBWD’s CONSULTANT evaluation and selection process is based on the following criteria. The following criteria will be used in evaluating the proposals using a point value system based on the items indicated below.

a) Understanding of the project requirements, including identification of critical elements and key issues.

b) Technical approach and work plan for the project, including innovative approaches.

c) Qualifications and experience of the project manager, other key individuals, and subconsultants.

d) Results of reference checks. Reference checks will only be conducted for a short list of firms or the top-rated firm.

e) Clarity of proposal.

f) Compliance with proposal requirements.

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g) Fees and Schedules.

LBWD may elect to interview a short list of qualified firms or to interview only the top-rated firm based on the proposals submitted for the project.

LBWD staff will negotiate a contract with the best qualified firm for the desired consulting services at compensation which the staff determines is fair and reasonable to LBWD. Should LBWD staff be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be formally terminated. Negotiations will then be undertaken with the next most qualified firm. Failing to reach an accord with the second most qualified firm, LBWD will terminate negotiations and continue the negotiation process with the next most qualified firms in order of their evaluation ranking until an agreement is reached and a firm is selected and an agreement is executed.

III. EQUAL EMPLOYMENT OPPORTUNITY

LBWD is an equal opportunity employer and requires the Consultant to comply with policies and regulations concerning equal employment opportunity.

IV. CONTRACT TERMS AND CONDITIONS

a) The awarded Contractor will be the sole point of contract responsibility. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all subcontractors.

b) The awarded Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Work on the contract shall not begin until after the awarded Contractor has submitted acceptable evidence of the required insurance coverages.

c) 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. Additional information is available at www.longbeach.gov/finance/business_license.

d) All work performed in connection with construction shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health http://www.longbeach.gov/finance/business_license

C-4 officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction.

e) PUBLIC WORKS OF IMPROVEMENT ONLY: Contractor agrees that all public work (as defined in California Labor Code section 1720) performed pursuant to this Agreement (the “Public Work”), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a “public work” as defined in California Labor Code section 1720.

f) In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision:

“It shall be mandatory for the contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract.

g) DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) COMPLIANCE: For Public Works Contracts, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.

h) For Public Works Contract as applicable, each contractor and every subcontractor and supplier shall be required to submit certified payrolls and labor compliance documentation electronically at the discretion of and the manner specified by the City of Long Beach. Electronic submittal will be a web-based system, accessed on the World Wide Web by a web browser. Each contractor and subcontractor will be given a Log On identification and password to access the City of Long Beach reporting system. The foregoing is in addition to, and not in lieu of, any other requirements or obligations established and imposed by any department of the City with regard to submission and retention of certified payroll records for Contractor and subcontractors.

EXHIBIT "D"

SAMPLE CONSULTANT AGREEMENT

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THIS AGREEMENT is made and entered, in duplicate, as of _________, 20__ for reference purposes only, pursuant to an order of the Board of Public Utilities

Commissioners of the City of Long Beach adopted at its meeting on _________, 20__, by and between __________________________________, a [insert state]

________________________ [corporation, partnership, dba, limited liability company], with a place of business at ________________________________________________

(“Consultant”), and the BOARD OF PUBLIC UTILITIES COMMISSIONERS OF THE CITY

OF LONG BEACH (“Board”) for and on its own behalf and on behalf of the City.

WHEREAS, the Board requires specialized services requiring unique skills to be performed in connection with _________________________________________

(“Project”); and

WHEREAS, the Board has ascertained that Consultant and its employees are qualified, licensed, if so required, and experienced in performing these specialized services; and

WHEREAS, the Board desires to have Consultant perform these specialized services, and Consultant is willing and able to do so on the terms and conditions in this

Agreement;

NOW, THEREFORE, in consideration of the mutual terms covenants, and conditions in this Agreement, the parties agree as follows:

1. SCOPE OF WORK OR SERVICES.

A. Consultant shall furnish specialized services more particularly described in Exhibit “A”, attached to this Agreement and incorporated by this reference, in accordance with the standards of the profession, and the Board shall pay for these services in the manner described below, not to exceed

________________ Dollars ($____________), and at the rates or charges

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C A described in Exhibit “B”, attached to this Agreement and incorporated by this reference. The Board will pay no more per task, or grouping of tasks, than the amount associated with that task or grouping of tasks identified on Exhibit “A”. If

Consultant anticipates that Consultant will exceed any amount associated with a task or grouping of tasks on Exhibit “A”, then Consultant shall immediately give notice to the General Manager. Consultant’s failure to notify the General Manager shall be deemed a waiver of all of Consultant’s claims for additional compensation relating to that task or grouping of tasks. After receipt of this notice, the General

Manager will notify Consultant whether or not to proceed after authorization from the Board to amend this Agreement.

B. Consultant may select the time and place of its performance for these services provided, however, that access to documents, records, and the like, if needed by Consultant, shall be available only during normal business hours of the

Long Beach Public Utilities Department (“LBUD”) and provided that milestones for performance, if any, are met.

C. Consultant has requested to receive regular payments. The

Board shall pay Consultant in due course of payments following receipt from

Consultant and approval by the Board of invoices showing the services or task performed, the time expended (if billing is hourly), and the name of the Project.

Consultant shall certify on the invoices that Consultant has performed the services in full conformance with this Agreement and is entitled to receive payment. Each invoice shall be accompanied by a progress report indicating the progress to date of services performed and covered by the invoice, including a brief statement of any

Project problems and potential causes of delay in performance, and listing those services that are projected for performance by Consultant during the next invoice cycle. Where billing is done and payment is made on an hourly basis, the parties acknowledge that this arrangement is either customary practice for Consultant's profession, industry, or business, or is necessary to satisfy audit and legal

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C A requirements which may arise due to the fact that City is a municipality.

D. Consultant represents that Consultant has obtained all necessary information on conditions and circumstances that may affect its performance and has conducted site visits, if necessary.

E. CAUTION: Consultant shall not begin work until this

Agreement has been signed by both parties and until Consultant’s evidence of insurance has been delivered to and approved by the City.

2. TERM. The term of this Agreement shall commence at midnight on

______________, 20__, and shall terminate at 11:59 p.m. on _____________, 20__, unless sooner terminated as provided in this Agreement, or unless the services to be performed or the Project is completed sooner.

3. COORDINATION AND ORGANIZATION.

A. Consultant shall coordinate its performance with the Board's representative named in Exhibit “C”, attached to this Agreement and incorporated by this reference. Consultant shall advise and inform the Board's representative of the work in progress on the Project in sufficient detail so as to assist the Board's representative in making presentations and in holding meetings on the Project. The

Board shall furnish to Consultant information or materials, if any, described in Exhibit

“D” attached to this Agreement and incorporated by this reference, and shall perform any other tasks described in the Exhibit.

B. If a representative of the Board is identified in Exhibit “C”, then any directives from this representative which change the Scope of Services must be expressed in a written amendment to this Agreement, which amendment is authorized by the Board. If no representative is identified in Exhibit “C”, then any directives from any employee of the LBUD which change the Scope of Services must be expressed in a written amendment to this Agreement, which amendment is authorized by the Board. Consultant agrees that the Board shall not be obligated to pay for any services changing the Scope of Services unless there is an amendment.

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C. The parties acknowledge that a substantial inducement to the

Board for entering this Agreement was and is the reputation and skill of Consultant's key employee ______________. The Board shall have the right to approve any person proposed by Consultant to replace that key employee.

4. INDEPENDENT CONTRACTOR. In performing its services, Consultant is and shall act as an independent contractor and not an employee, representative, or agent of the Board or City. Consultant shall have control of Consultant's work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for others during this Agreement provided, however, that

Consultant acts in accordance with Section 9 and Section 11 of this Agreement.

Consultant acknowledges and agrees that (a) neither the Board nor City will withhold taxes of any kind from Consultant's compensation, (b) neither the Board nor City will secure workers' compensation or pay unemployment insurance to, for or on Consultant's behalf, and (c) neither the Board nor City will not provide and Consultant is not entitled to any of the usual and customary rights, benefits or privileges of Board employees. Consultant expressly warrants that neither Consultant nor any of Consultant's employees or agents shall represent themselves to be employees or agents of the Board or City.

5. INSURANCE. As a condition precedent to the effectiveness of this

Agreement, Consultant shall procure and maintain at Consultant's expense for the duration of this Agreement from insurance companies that are admitted to write insurance in

California or from authorized non-admitted insurance companies that have ratings of or equivalent to A:VIII by A.M. Best Company:

(a) Commercial general liability insurance (equivalent in scope to

ISO form CG 00 01 11 85 or CG 00 01 11 88) in an amount not less than

$1,000,000 per occurrence and $2,000,000 general aggregate. This coverage shall include but not be limited to broad form contractual liability, cross liability, independent contractors liability, and products and completed operations liability. The Board, City, and their officials, employees and

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C A agents shall be named as additional insureds by endorsement (on the City’s endorsement form or on an endorsement equivalent in scope to ISO form

CG 20 10 11 85 or to both CG 20 10 10 01 and CG 20 37 10 01), and this insurance shall contain no special limitations on the scope of protection given to the Board, the City, and their officials, employees and agents.

(b) Workers' Compensation insurance as required by the

California Labor Code and employer’s liability insurance in an amount not less than $1,000,000.

(c) Professional or errors and omissions liability insurance in an amount not less than $1,000,000 per claim.

(d) Commercial automobile liability insurance (equivalent in scope to ISO form CA 00 01 06 92), covering Auto Symbol 1 (Any Auto) in an amount not less than $500,000 combined single limit per accident.

Any self-insurance program, self-insured retention, or deductible must be separately approved in writing by the General Manager of LBUD and shall protect the

Board, City, their officials, employees and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention or deductible provisions. Each insurance policy shall be endorsed to state that coverage shall not be reduced, non-renewed, or canceled except after thirty (30) days prior written notice to the Board, and shall be primary and not contributing to any other insurance or self-insurance maintained by City, the Board, their officials, employees and agents.

Consultant shall notify the Board in writing within five (5) days after any insurance has been voided by the insurer or cancelled by the insured. If this coverage is written on a “claims made” basis, it must provide for an extended reporting period of not less than one year, commencing on the date this Agreement expires or is terminated, unless Consultant guarantees that Consultant will provide to the City evidence of uninterrupted, continuing coverage for a period of not less than three (3) years, commencing on the date this

Agreement expires or is terminated.

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Consultant shall require that all subconsultants and contractors which

Consultant uses in the performance of its services maintain insurance in compliance with this Section unless otherwise agreed in writing by City’s Risk Manager or designee.

Prior to the start of performance, Consultant shall deliver to the General

Manager of LBUD certificates of insurance and endorsements for approval as to sufficiency and form. In addition, Consultant shall, within thirty (30) days prior to expiration of the insurance, furnish to the Board certificates of insurance and endorsements evidencing renewal of the insurance. The Board reserves the right to require complete certified copies of all policies of Consultant and Consultant’s subconsultants and contractors at any time.

Consultant shall make available to the City’s Risk Manager or designee all books, records and other information relating to the insurance, during normal business hours.

Any modification or waiver of these insurance requirements shall only be made at the request of LBUD and with the written approval of the City Risk Manager or designee. Not more frequently than once a year, the City’s Risk Manager or designee may require that Consultant and Consultant’s subconsultants and contractors change the amount, scope or types of coverages if, in his or her sole opinion, the amount, scope, or types of coverages are not adequate.

The procuring or existence of insurance shall not be construed or deemed as a limitation on liability relating to Consultant’s performance or as full performance of or compliance with the indemnification provisions of this Agreement.

6. ASSIGNMENT AND SUBCONTRACTING. This Agreement contemplates the personal services of Consultant and Consultant's employees, and the parties acknowledge that a substantial inducement to the Board for entering this

Agreement was and is the professional reputation and competence of Consultant and

Consultant's employees. Consultant shall not assign its rights or delegate its duties under this Agreement, or any interest in this Agreement, or any portion of it, without the prior approval of the General Manager, except that Consultant may with the prior approval of the General Manager, assign any moneys due or to become due the Consultant under this

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Agreement. Any attempted assignment or delegation shall be void, and any assignee or delegate shall acquire no right or interest by reason of an attempted assignment or delegation. Furthermore, Consultant shall not subcontract any portion of its performance without the prior approval of the General Manager or designee, nor substitute an approved subconsultant or contractor without approval prior to the substitution. Nothing stated in this

Section shall prevent Consultant from employing as many employees as Consultant deems necessary for performance of this Agreement.

7. CONFLICT OF INTEREST. Consultant, by executing this Agreement, certifies that, at the time Consultant executes this Agreement and for its duration, Consultant does not and will not perform services for any other client which would create a conflict, whether monetary or otherwise, as between the interests of City under this

Agreement and the interests of that other client. And, Consultant shall obtain similar certifications from Consultant's employees, subconsultants and contractors.

8. MATERIALS. Consultant shall furnish all labor and supervision, supplies, materials, tools, machinery, equipment, appliances, transportation, and services necessary to or used in…