RFP Doc~7.pdf

Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 1

City of

Long Beach Request for Proposals

RFP - DV-23-278

Geotechnical Engineering & Peer Review Services

Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 1

Overview

Summary

The City of Long Beach (City) seeks to identify a bench of on-call professional geotechnical engineers (GE) and certified engineering geologists (CEG) to provide geotechnical engineering and peer review services on a prequalified, on-call basis. The City, acting through the

Department of Community Development, is requesting

Proposals from experienced consultants to provide the services outlined in Section 2 of this Request for Proposal

(RFP).

Key Dates

Release Date: June 11, 2024 11:00 a.m.

Questions Due to the City: June 27, 2024 11:00 a.m.

Proposals Due: August 1, 2024 11:00 a.m.

The City reserves the right to modify these dates at any time, with appropriate notice to prospective Consultants.

Proposal Information

Instructions for what to include in your Proposals and how to submit it are detailed in Section 4.

Proposals must be submitted electronically via

LongBeachBuys.com.

Official Contact

Janet Kariuki rfppurchasing@longbeach.gov

All communication with the City related to this RFP must be directed to the contact listed above.

mailto:rfppurchasing@longbeach.gov

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Contents

1 The Opportunity

1.1 Project Summary

1.2 Background

1.3 Goals

1.4 Award Terms

2 Scope of Work

2.1 Description of Services

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

2.2.2 Contract Management

2.2.3 Contract Payment

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

4 Proposal Instructions & Content

4.1 Timelines & Instructions

4.2 Proposal Content

4.3 Narrative Proposal Template

5 Terms & Conditions

5.1 Acronyms/Definitions

5.2 Solicitation Terms & Conditions

5.3 Contract Terms & Conditions

5.4 Additional Requirements

5.5 Protest Procedures

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1 The Opportunity

1.1 Project Summary

This procurement is designed to provide the City of Long Beach (City) with access to professional geotechnical engineering consultants to provide engineering and support services on an as-needed basis to meet its goals in ensuring development in the City is safe and sustainable. The City’s Department of Community Development is seeking Proposals from experienced consultants to provide the services outlined in Section 2 of this Request for Proposal (RFP).

1.2 Background

The Department of Community Development (Department), formerly known as the

Department of Development Services, comprises several bureaus that oversee physical development in the City. The Department’s Building and Safety Bureau (Bureau) is responsible for assisting residents and businesses through the development process in a manner that ensures development is safe and sustainable. Furthermore, the Bureau is responsible for ensuring that all development complies with Title 18 of the Long Beach

Municipal Code (LBMC) as well as the latest adopted edition of the California Building

Standards Code, which establishes uniform standards for the construction and maintenance of buildings, electrical systems, plumbing systems, mechanical systems, and fire and life safety systems. On June 1, 2021, the City Council amended Title 18 of the LBMC to add Chapters 18.78 and 18.79, which regulate construction near oil/gas wells and mitigate methane gas (respectively). California Public Resource Code (PRC) Section 2621 and et seq regulate construction near earthquake fault zones.

Ensuring compliance with the standards or regulations for these sections of these LBMC chapters and the PRC is highly specialized and so, the Department now seeks to identify professional geotechnical engineering firms to provide geotechnical peer review for the following service areas: (1) Earthquake fault, (2) Oil well abandonment, (3) methane mitigation, and (4) miscellaneous engineering peer review.

1.3 Goals

The Qualified Consultants identified through this solicitation will provide technical professional geotechnical engineering services in a timely manner. The goal of this RFP is to identify Consultant(s) to offer the full range of requested services on an as-needed basis

Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 4 to provide geotechnical peer review for specific projects assigned in the areas reflected in

Section 2.

1.4 Award Terms

On-call contracts will be for a period of two (2) years with the option to renew for three (3) additional one-year periods. The total contract term will not exceed five (5) years.

2 Scope of Work

2.1 Description of Services

Consultant(s) selected as a result of this RFP will be retained on an as-needed basis to provide professional geotechnical engineering services for geotechnical peer review for the following service areas:

2.1.1 Peer Review of Geotechnical Fault Investigation Report

Qualified Consultant(s) shall provide professional geotechnical engineering services that include, but are not limited to, peer review of plans, specifications, and geotechnical fault investigation reports to ensure compliance with existing laws, regulations, ordinances, codes, policies, and standards to help assure that significant geologic factors (hazards and geologic processes) are properly considered, and potential problems are mitigated prior to project development. Qualified

Consultant(s) shall act at the discretion, request, and on behalf of the Department to protect the City’s interest, and the interest of the community at large. The Alquist-

Priolo Earthquake Fault Zoning Act (AP-Act), as described in Sections 2621-2630 of the Public Resource Code, and Special Publication 42 (SP-42), issued by the California

Geological Survey Division, requires that the City “…prohibit the location of developments and structures for human occupancy across the trace of active faults.” The Qualified Consultant(s) will serve as the Department’s technical representative(s) to assess the City’s exposure to liability resulting from non-compliance with the requirements of the AP-Act and regulations. In addition to geotechnical/geologic reports for tentative tracts and site development, the Qualified

Consultant(s) may also be requested by the Department to coordinate with the project’s geotechnical engineers or geologist, attend various project meetings, and assist in verifying that all work performed shall comply with applicable codes and regulations. The Qualified Consultant(s) will be adept at cooperative problem solving and negotiating, assisting the City and applicants in finding solutions to identified shortcomings in design and plans prepared by applicants and peer reviewed by the

Qualified Consultant(s).

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2.1.2 Peer Review of Oil Well Abandonment

The Qualified Consultant(s) shall provide professional geotechnical engineering services that include, but are not limited to, peer review of plans, specifications, and geotechnical reports for the alternative method of oil well abandonment in accordance with the Long Beach Municipal Code Chapter 18.78 in lieu of existing laws, regulations, ordinances, codes, policies, and standards promulgated by the

California Geologic Energy Management Division (CALGEM). The Qualified

Consultant(s) will serve as the Department’s technical representative(s) to assure that significant geologic factors (hazards and geologic processes) are properly considered and potential problems that may be affected by future construction activities are mitigated prior to the oil well abandonment. The Qualified Consultant(s) may also be requested by the Department to coordinate with the project’s geotechnical engineers or geologists, attend various project meetings, and assist in verifying that all work performed complies with the equivalency standard approved by the Department.

2.1.3 Peer Review of Methane Gas Mitigation

The Qualified Consultant(s) shall provide professional geotechnical engineering services that include, but are not limited to, peer review of plans, specifications, and geotechnical reports for the alternative method of methane gas mitigation in lieu of existing ordinances, policies, and standards of the Long Beach Municipal Code

Chapter 18.79. The Qualified(s) may also be requested by the Department to coordinate with a project’s geotechnical engineers or geologists, attend various project meetings, and assist in verifying that all work performed complies with the alternative method approved by the Department.

2.1.4 Miscellaneous Soils/Geotechnical/Geologic Peer Review

The Qualified Consultant(s) shall provide miscellaneous soils, geotechnical or geologic peer review services to support the operations of the Department, including but not limited to, peer review of grading plans, specifications, and soils/geotechnical/geologic reports prepared for projects to ensure compliance with existing laws, regulations, ordinances, codes, policies, and standards. Such services may also include evaluating Environmental Impact Reports, Seismic Safety and Public

Safety Elements of General Plans, reclamation plans, as-graded geologic reports, final as-built geologic maps and reports, and reviewing background soils/geotechnical/geologic information.

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2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

The table below highlights the targets that will be tracked and reviewed collaboratively with the Qualified Consultant(s) during the contract period. This list is an indication of the performance metrics of interest to the City, and is not exhaustive or final. As a part of a response to this RFP, Consultant(s) may propose additional or alternative performance metrics to be tracked on a regular basis. The final set of performance metrics and frequency of collection will be negotiated by the Qualified Consultant(s) and the City prior to the finalization of an agreement between parties, and may be adjusted over time as needed.

METRIC DESCRIPTION TARGET DATA

SOURCE

1. Completion of assigned projects and submission of work product in a timely manner.

All projects shall be completed within specified deadlines.

Consultant shall provide progress updates on a monthly schedule or as determined necessary based on project scope.

Scope of

Work and

Deliverables

2. All written work products shall be easy to comprehend

Written work product shall be well organized and thorough.

Work product shall be easy to reference, read, and the peer review assessment shall be supported with all appropriate reference documentation.

Scope of

Work and

Deliverables

3. All work products shall be prepared by professionals who meet the qualifications of this RFP.

As applicable, all work products shall document compliance with these standards.

Consultant teams possess the necessary licenses and certifications.

Consultant teams meet the qualifications of the State

Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 7 of California and City of

Long Beach

2.2.2 Contract Management

The City expects the Qualified Consultant(s) to successfully complete assigned reviews without significant supplemental support from City staff. The Qualified Consultant(s) will be responsible for coordinating with project geotechnical engineers and/or geologists, attending project meetings, and assisting in verifying that a project complies with City-approved equivalency standards. The City will actively and regularly work with Qualified

Consultant(s) to track progress, flag challenges, and design course corrections to address unanticipated constraints to achieve the Bureau’s peer review goals.

2.2.3 Contract Payment

The City of Long Beach issues payment based upon services rendered. After a contract is finalized and work is performed, a Qualified Consultant(s) will be asked to submit a Scope of Work for a specific assignment. Each Scope of Work will be assigned a Purchase Order, which will authorize the assigned Qualified Consultant to start work on a specific effort.

After completion of the work assigned to a Purchase Order, the assigned Qualified

Consultant should invoice the City and the City will remit payment within 30 calendar days of being billed.

3 How We Choose

3.1 Minimum Qualifications

Qualified Consultant(s) selected under this RFP shall meet the following qualifications:

• Qualification to conduct business in the City;

• Not having been debarred by Federal, State or local government;

• 3 years providing geotechnical, peer review services;

• Good standing as a Licensed Professional Engineer, Land Surveyor, Geologist or

Geophysicist, as issued by the California Department of Consumer Affairs Board for

Professional Engineers or an equivalent issued by another state with the ability to obtain a California license after award; and

• Petroleum Engineer license is not required but is highly desirable.

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

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CRITERIA

1. Organizational Capacity & Experience

• Demonstrated competence in financial stability.

• Expertise and availability of key, licensed personnel

2. Method of Approach

• Ability to develop work product that meets the technical requirements of the

Scope outlined in Section 2

• Conformance with the terms of this RFP

3. Communications & Reporting

• Ability to provide regular progress updates.

• Ability to complete projects on time

4. Reasonableness of Cost

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC) &

DATE LOCATION / ADDITIONAL INFORMATION

Release date June 11, 2024, 11:00 am

Questions due to the

City

June 27, 2024, 11:00 am

• Submit all inquiries via email to rfppurchasing@longbeach.gov

Posting of the Q&A July 16, 2024 • Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due August 1, 2024, 11:00 am

• Proposals should be submitted electronically via LongBeachBuys.com.

• Late proposals or proposals submitted through other channels will not be accepted.

• Consultants are responsible for submitting their proposals completely and on time.

o Consultants will receive an e-bid confirmation number with a time mailto:rfppurchasing@longbeach.gov file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com

Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 9 stamp from LongBeachBuys.com indicating that the proposals was submitted successfully. The City will only receive s that were transmitted successfully.

o For technical support, email or call the

City during normal business hours at

LBPurchasing@longbeach.gov or (562)

570-6200.

Evaluation of Narrative

& Cost Proposals

TBD • An Evaluation Committee will review

Narrative & Cost Proposals to select the proposal that best meets the needs of the

City.

• Evaluations will be conducted using a methodology derived from the evaluation criteria listed in Section 3.2.

Negotiation &

Consultant Selection

TBD • Qualified Consultant(s) will be notified in writing.

• Any award is contingent upon the successful negotiation of final contract terms. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

• Negotiations shall be confidential and not subject to disclosure to competing

Consultants after the conclusion of the negotiation process and before final approval by the awarding body.

Estimated Contract

Execution

TBD

Consultant Debrief After

Consultants are Selected

• Successful and unsuccessful Consultants are encouraged to request phone call or in person meeting with the City to discuss the strengths and weaknesses of their proposal.

The intent of the debrief is to provide the

Consultant with constructive feedback to equip them with information to effectively file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com mailto:LBPurchasing@longbeach.gov

Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 10 meet the City’s needs and be successful in future procurements.

4.2 Proposal Content

Complete proposals will include the following. Consultants are encouraged to use this table as a checklist to ensure all components are included in their proposal.

PROPOSAL

☐ Narrative

Proposal

The Narrative Proposal should provide a straightforward, concise delineation of capabilities to satisfy the RFP. Guidance on preparing a Narrative Proposal is detailed in Section 4.3.

☐ Cost Proposal The Cost Proposal should be submitted separately and comprehensively describe the Consultant’s fee schedule. It shall include the following:

• Provide a fixed hourly fee schedule that specifies the

Consultant’s billable rates.

• The Consultant’s billable rates shall not include mark-ups on reimbursable items. The City will not reimburse the

Consultant for mileage, office supplies, overhead expenses, nor the use of computer equipment.

• Consultants located outside of the Los Angeles/Orange

County area shall not assume the City will reimburse for travel to the City without prior approval. Consultants outside of Los Angeles/Orange County should discuss how their remoteness will affect their responsiveness in delivering services.

PROPOSAL APPENDICES

☐ Financial

Stability

Consultants should include one or more of the following financial statements to provide the City with enough information to determine financial stability of the Consultant and

Subcontractor.

• Financial Statement or Annual Report

• Business tax return

• Statement of income and balance sheet

☐ Other Addenda

(if applicable)

Colored displays, promotional materials, and other collateral are not necessary or desired. However, if a complete response

Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 11 cannot be provided without referencing supporting documentation, it may be provided as an addendum clearly cited in the Narrative or Cost Proposal.

MANDATORY ATTACHMENTS | The following are included as Attachments in Long

Beach Buys. They must be signed by the individual legally authorized to bind the

Consultant.

☐ A. Authorization & Certification

☐ B. Equal Benefits Ordinance (EBO) Form

Attachments Which May be Submitted Upon Award | Upon award, Qualified

Consultants will be required to submit the following. We encourage you to take note of these requirements, and where possible, include available information as part of your proposal to expedite processing.

☐ C. W-9

☐ D. Business License

☐ E. Proof of Registration with the California Secretary of State

☐ F. Certificates of Insurance: that meet the City’s requirements as shown here:

https://longbeach.gov/hr/about-us/insurance-requirements/

☐ Contact Information | Ensure Consultant’s profile is up to date in Long Beach Buys, including an email address, phone number, and for any classifications you may qualify for.

4.3 Narrative Proposal Template

Consultants should submit a narrative proposal that includes all of the following information.

An editable version of the template below has been posted to Long Beach Buys. Consultants should complete the editable template and submit it as their narrative proposal submission.

Organizational Capacity & Experience

CONSULTANT CONTACT INFORMATION

Consultant

Company Name

Company Address

Federal Tax ID Number

Registration DIR

Number

Website

Name

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Authorized

Representative

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

CONSULTANT CAPACITY & EXPERIENCE

What type of enterprise is the Consultant?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

Please describe why the Consultant is qualified to provide the services described in this RFP (1-2 paragraphs).

Please describe the length of time the

Consultant has been providing the services described in this RFP (1-3 sentences)

How many employees does the Consultant have in total and residing in Long Beach?

Where are the representative(s) that would service the City’s account located?

Please attach resumes and proof of licenses for staff who will be assigned to complete geotechnical review assignments for the City.

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

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End Dates

Reference 2

Company

Project Manager

Phone Number

Project Description

Reference 3

Company

Project Manager

Phone Number

Project Description

Reference 4

Project Manager

Phone Number

Project Description

Reference 5

Project Manager

Phone Number

Project Description

SUBCONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

☐ Yes

☐ No

If applicable, provide the following for all subcontractors included in this proposal.

Subcontractor Company Name

Company Address

Registration DIR

Number

Authorized

Representative

Name

Title

Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 14

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the

Subcontractor?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

Which specific requirements of this RFP will the Subcontractor perform?

Is the Subcontractor registered with the

California Department of Industrial

Relations? If yes, provide registration number.

Please describe why the Subcontractor is qualified to provide the services described in this RFP (1-2 paragraphs).

Please describe the length of time the

Subcontractor has been providing the services described in this RFQ (1-3 sentences).

How many employees does the

Subcontractor have nationally, locally, and residing in Long Beach?

Where are the representative(s) that would service the City’s account located?

Please attach resumes and proof of licenses for staff who will be assigned to complete geotechnical review assignments for the City

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Method of Approach

1. Please describe the company, company history, and professional engineering services provided.

2. Describe the company’s approach for devising a workplan for as-needed assignments.

3. Provide work product examples that demonstrate the ability to provide geotechnical review. Please include any professional awards or recognition.

Communications & Reporting

1. Please explain how you keep projects within allotted timelines and explain your policies regarding communication and responsiveness.

2. Please explain internal procedures for quality control at all staff levels.

3. How does the company monitor performance and progress on a project.

4. Please explain how the company would work collaboratively with multiple stakeholders, including multiple City Departments, residents, and developers.

5. The City requires that the Qualified Consultant provide proof of payment of any subcontractors used for this project. If the proposal includes subcontractors, please describe the plan for how the City will be notified of such payments.

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5 Terms & Conditions

5.1 Acronyms/Definitions

1. Qualified Consultant(s): The organization/individuals that are awarded contracts with the City of Long Beach, California for the services identified in this RFP.

2. City: The City of Long Beach and any department or agency identified herein.

3. Consultant: Organization/individual submitting a proposal in response to this RFP.

4. Department / Division: City of Long Beach, Department of Community Development, Building and Safety Bureau Evaluation Committee: An independent committee comprised solely of representatives of the City established to review proposals submitted in response to the RFP, evaluate the proposals, and select a Contractor.

5. May: Indicates something that is not mandatory but permissible.

6. RFP: Request for Proposals

7. Shall / Must: Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a proposal as non-responsive.

8. Should: Indicates something that is recommended but not mandatory. If the

Proposer fails to provide recommended information, the City may, at its sole option, ask the Proposer to provide the information or evaluate the proposal without the information.

9. Subcontractor: Third party not directly employed by the Proposer who will provide services identified in this RFP.

10. LBMC: Long Beach Municipal Code

11. AP-Act: The Alquist Priolo Earthquake Fault Zoning Act per Sections 2621-2630 of the

Public Resource Code

12. PRC: California Public Resource Code

13. SP-42: Special Publication 42 as issued by the California Geological Survey Division

5.2 Solicitation Terms & Conditions

1. The City reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the City to do so.

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2. The City reserves the right to request clarification of any proposal term from

Consultants.

3. The City may contact the references provided; contact any Consultant to clarify any response; contact any current users of a Consultant’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

4. The level and term of documentation required from the Consultant to satisfy the City will be commensurate with the size and complexity of the contract and Consultants should submit accordingly. If the information submitted by the Consultant, or available from other sources, is insufficient to satisfy the City as to the Consultant’s contractual responsibility, the City may request additional information from the

Consultant or may deem the proposal non-responsive.

5. The City reserves the right to waive informalities and minor irregularities in proposals received.

6. The City reserves the right to reject any or all proposals received prior to contract award.

7. The City’s determination of the Consultant’s responsibility, for the purposes of this

RFP, shall be final.

8. Unless otherwise specified, the City prefers to award to a single Contractor but reserves the right to award contracts to multiple contractors.

9. The City shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the City of Long Beach after all factors have been evaluated.

10. If the City receives a single responsive, responsible proposal, the City may request an extension of the proposal acceptance period and/or conduct a price or cost analysis on such proposal. The Consultant shall promptly provide all cost or pricing data, documentation and explanation requested by the City to assist such analysis. By conducting such analysis, the City shall not be obligated to accept the single proposal.

The City reserves the right to reject such proposal or any portion thereof.

11. Any irregularities or lack of clarity in the RFP should be brought to the Purchasing

Division designee’s attention as soon as possible so that corrective addenda may be furnished to Consultants.

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12. Proposals must include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements and the Consultant’s standard contract language. The omission of these documents may render a proposal non-responsive.

13. Alterations, modifications or variations to a proposal may not be considered unless authorized by the RFP or by addendum or amendment.

14. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

15. Proposals may be withdrawn by written notice received prior to the proposal opening time.

16. The price and amount of this proposal must have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other

Contractor or prospective Contractor.

17. No attempt may be made at any time to induce any firm or person to refrain from submitting a proposal or to submit any intentionally high or noncompetitive proposal. All proposals must be made in good faith and without collusion.

18. Prices offered by Consultants in their proposals are an irrevocable offer for the term of the contract and any contract extensions. The Qualified Consultant agrees to provide the purchased services at the costs, rates and fees as set forth in their proposal in response to this RFP. No other costs, rates or fees shall be payable to the Qualified Consultant for implementation of their proposal.

19. The City is not liable for any costs incurred by Consultants prior to entering into a formal contract. Costs of developing the proposals or any other such expenses incurred by the Consultant in responding to the RFP, are entirely the responsibility of the Consultant, and shall not be reimbursed in any manner by the City.

20. Proposal will become public record after the conclusion of the negotiation process and before final approval by the awarding body unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Consultant may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Consultant thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

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21. A proposal submitted in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Proposer and each Subcontractor.

An official of each proposed Subcontractor must sign, and include as part of the proposal submitted in response to this RFP, a statement to the effect that the

Subcontractor has read and will agree to abide by the Consultant’s obligations.

22. If the Consultant elects to use subcontractors, the City requires that the Qualified

Consultant provide proof of payment of any Subcontractors used for this engagement. Proposals shall include a plan by which the City will be notified of such payments.

23. EachConsultant must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed.

The City reserves the right to disqualify any Consultant on the grounds of actual or apparent conflict of interest.

24. Each Consultant must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Consultant or in which the Consultant has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Consultant’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

25. The City reserves the right to negotiate final contract terms with any Qualified

Consultants. The contract between the parties will consist of the RFP together with any modifications thereto, and the Qualified Consultant’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the Qualified Consultant’s proposal, and the

Qualified Consultant’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

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26. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the City Contact.

27. Any contract resulting from this RFP shall not be effective unless and until approved by the City Council / City Manager, as applicable.

28. The City will not be liable for Federal, State, or Local excise taxes.

29. Execution of Attachment A of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, including all contract terms and conditions therein, except such terms and conditions that the Consultant expressly excludes.

30. Consultant understands and acknowledges that the representations above are material and important, and will be relied on by the City in evaluation of the proposal.

Any Consultant misrepresentation shall be treated as fraudulent concealment from the City of the true facts relating to the proposal.

31. Proposals shall be kept confidential until after the conclusion of the negotiation process and before final approval by the awarding body.

32. No announcement concerning the award of a contract as a result of this RFP may be made without the prior written approval of the City.

33. Consultants are advised that any contract awarded pursuant to this procurement process that exceeds $100,000 shall be subject to the applicable provisions of Long

Beach Municipal Code Section 2.73 et seq, the Equal Benefits Ordinance.

34. All Consultants shall complete and return, with their RFP, the Equal Benefits

Ordinance Compliance form contained in Attachment B, if applicable. Unless otherwise specified in the procurement package, Consultants do not need to submit with their RFP supporting documentation proving compliance. However, supporting documentation verifying that the benefits are provided equally shall be required if the Consultant is selected for award of a contract.

5.3 Contract Terms & Conditions

1. The Qualified Consultant will be the sole point of contract responsibility. The City will look solely to the Qualified Consultant for the performance of all contractual obligations which may result from an award based on this RFP, and the Qualified

Consultant shall not be relieved for the non-performance of any or all

Subcontractors.

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2. The Qualified Consultant 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 Qualified Consultant has submitted acceptable evidence of the required insurance coverages. As a condition precedent to the effectiveness of this contract, Qualified Consultant shall procure and maintain at Qualified Consultant’s expense for the duration of this contract from an insurance company that is admitted to write insurance in the State of California or that has a rating of or equivalent to an A:VIII by

A.M. Best and Company the following insurance:

a. Commercial general liability insurance equivalent in coverage scope to ISO CG

00 01 10 93 naming the City of Long Beach, its Boards, and their officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO CG 20 10 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out activities performed by or on behalf of the Qualified Consultant in an amount not less than One Million

Dollars (US $1,000,000) per occurrence and Two Million Dollars (US

$2,000,000) in general aggregate. Such insurance shall not exclude XCU

(explosion, underground, and collapse) perils, sudden and accidental pollution and cleanup liability, or mobile equipment.

b. Workers’ compensation coverage as required by the Labor Code of the State of California and Employer’s liability insurance with minimum limits of One

Million Dollars (US $1,000,000) per accident or occupational illness. The policy shall be endorsed with a waiver of the Qualified Consultant’s and its insurer’s right of subrogation against the City of Long Beach, its Boards, and their officials, employees, and agents.

c. Commercial automobile liability insurance equivalent in coverage scope to ISO

CA 00 01 06 92 in an amount not less than One Million Dollars (US $1,000,000) combined single limit (CSL) covering Symbol 1 (“any auto”).

d. Professional liability or errors and omissions liability insurance in an amount not less than One Million Dollars ($1,000,000) per claim covering the professional services provided pursuant to this Agreement.

e. Excess liability insurance on a following form basis insurance in excess of the coverage provided by a. and d., including, but not limited to, additional insured coverage, in an amount not less than Four Million Dollars ($4,000,000) per

Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 22 claim and in aggregate covering the services provided pursuant to this

Agreement.

Any self-insurance program or self-insurance retention must be approved separately in writing by City and shall protect the City of Long Beach and its 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 provisions. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice to City, and shall be primary and not contributing to any other insurance or self-insurance maintained by City.

Any Subcontractors which Qualified Consultant may use in the performance of this contract shall be required to indemnify the City to the same extent as the Qualified

Consultant and to maintain insurance in compliance with the provisions of this section.

Qualified Consultant shall deliver to City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. “Claims-made” policies are not acceptable unless

City Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. If a “Claims-made” policy is accepted, it must provide for an extended reporting period of not less than three (3) years. Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this contract. City reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval of

City Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this contract.

3. 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, Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 23 and/or Police Departments. Additional information is available at www.longbeach.gov/finance/business_license.

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

5. Qualified Consultant shall indemnify, protect and hold harmless City, its Boards, Commissions, and their officials, employees and agents (“Indemnified Parties”), from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, including attorneys’ fees, court costs, expert and witness fees, and other costs and fees of litigation, arising or alleged to have arisen, in whole or in part, out of or in connection with (1) Qualified Consultant’s breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the

Qualified Consultant’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code Section 1770 et seq. or (2) negligent or willful acts, errors, omissions or misrepresentations committed by

Qualified Consultant, its officers, employees, agents, Subcontractors, or anyone under Qualified Consultant’s control, in the performance of work or services under this Contract (collectively “Claims” or individually “Claim”).

6. In addition to Qualified Consultant’s duty to indemnify, Qualified Consultant shall have a separate and wholly independent duty to defend Indemnified Parties at

Qualified Consultant’s expense by legal counsel approved by City, from and against all Claims, and shall continue this defense until the Claims are resolved, whether by settlement, judgment or otherwise. No finding or judgment of negligence, fault, breach, or the like on the part of Qualified Consultant shall be required for the duty to defend to arise. City shall notify Qualified Consultant of any Claim, shall tender the defense of the Claim to Qualified Consultant, and shall assist Qualified

Consultant, as may be reasonably requested, in the defense.

7. If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, Qualified Consultant’s costs http://www.longbeach.gov/finance/business_license

Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 24 of defense and indemnity shall be (1) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified Parties.

8. Any requests for reasonable price adjustments must be submitted 60 days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be justified based upon verifiable criteria such as the

Consumer Price Index, US City Averages, or other relevant indices.

9. If the Qualified Consultant elects to use Subcontractors, Qualified Consultant agrees to require its Subcontractors to indemnify Indemnified Parties and to provide insurance coverage to the same extent as Qualified Consultant.

10. If the Qualified Consultant elects to use Subcontractors, the Qualified Consultant shall not allow any Subcontractor to commence work until all insurance required of subcontractor is obtained.

11. The provisions of this section shall survive the expiration or termination of this

Contract.

12. 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.

13. 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.

14. 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/finonce/business license .

15. All work performed in connection with construction shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, http://www.longbeach.gov/finonce/business

Geotechnical Engineering & Peer Review Services | RFP - DV-23-278 | 25 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 officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction.

Awarded Consultant shall complete all forms required by the City or its funding sources during the course of the Project, including Disadvantaged Business

Enterprise-related forms.

16. Awarded contractor shall indemnify, protect and hold harmless City, its Boards, Commissions, and their officials, employees and agents ("Indemnified Parties"), from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, including attorneys' fees, court costs, expert and witness fees, and other costs and fees of litigation, arising or alleged to have arisen, in whole or in part, out of or in connection with (1) Awarded Contractor's breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the

Awarded Contractor's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California

Labor Code section 1770 et seq. or (2) negligent or willful acts, errors, omissions or misrepresentations committed by Awarded Contractor, its officers, employees, agents, subcontractors, or anyone under Awarded Contractor's control, in the performance of work or services under this Contract (collectively "Claims" or individually "Claim").

17. In addition to Awarded Contractor's duty to indemnify, Awarded Contractor shall have a separate and wholly independent duty to defend Indemnified Parties at

Awarded Contractor's expense by legal counsel approved by City, from and against all Claims, and shall continue this defense until the Claims are resolved, whether by settlement, judgment or otherwise. No finding or judgment of negligence, fault, breach, or the like on the part of Awarded Contractor shall be required for the duty to defend to arise. City shall notify Awarded Contractor of any Claim, shall tender the defense of the Claim to Awarded Contractor, and shall assist Awarded Contractor, as may be reasonably requested, in the defense.

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18. If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, Awarded Contractor's costs of defense and indemnity shall be (l) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified Parties.

19. If the Awarded Contractor elects to use subcontractors, Awarded Contractor agrees to require its subcontractors to indemnify Indemnified Parties and to provide insurance coverage to the same extent as Awarded Contractor.

20. If the Awarded Contractor elects to use subcontractors, the Awarded Contractor shall not allow any subcontractor to commence work until all insurance required of subcontractor is obtained.

21. 10. The provisions of this Section shall survive the expiration or termination of this

Contract.

22. [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. If there is a difference between the general prevailing wage rates determined by the director of the Department of

Industrial Relations and the applicable minimum wage rates determined by the

Secretary of Labor (for federally assisted projects) for similar classifications of work, the Contractor and its subcontractors of every tier shall pay their workers not less than the higher wage rate.

23. In all bid…