RFP ED-26-783 Sports Team and Facility Development Feasibility Study~1.pdf

Sports Team and Facility Development Feasibility Study | RFP - ED-26-783 | Template v7.8.26| 1

City of

Long Beach Request for Proposals RFP - ED-26-783

Sports Team and Facility Development Feasibility

Study

Sports Team and Facility Development Feasibility Study |

RFP - ED-26-783 | Template v7.8.26| 1

Please read this entire document carefully as it contains important information essential to your proposal

Overview

Summary

The City of Long Beach is seeking qualified firms to conduct a feasibility study to evaluate the opportunity to attract a professional sports franchise in Downtown

Long Beach and develop a premier sports and entertainment venue along the waterfront. The study will assess market demand, financing strategies, public-private partnership delivery models, site suitability, facility programming, economic and fiscal impacts, and implementation recommendations.

Key Dates

Release Date: September 8, 2026

Optional Pre-Proposal Meeting: 10:00 AM (PT), September 17, 2026

Questions Due to the City: 11:00 AM (PT), September

24, 2026

Proposals Due: 11:00 AM (PT), October 15, 2026

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

Proposal Information

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

Proposals must be submitted electronically via

LongBeachBuys.com.

This is a competitive process, and the City intends to award the opportunity based on the information submitted in the proposal that best meets the needs of the City.

RFP - ED-26-783 | Template v7.8.26| 2

Official Contact

Rachel Yos rfppurchasing@longbeach.gov

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

Assistance & Resources For assistance using Long Beach Buys, please contact us directly

Customer Service Form rfppurchasing@longbeach.gov

(562) 570-6200

Additional support available for small businesses in Long Beach

BizCare

BizCare staff connect business owners and nonprofit leaders to important resources and information, such as grants, loans, technical assistance, information on City policies, and more.

562-570-4BIZ (4249)

4Biz@longbeach.gov

Request Assistance Form mailto:rfppurchasing@longbeach.gov file:///C:/Users/casinoh/Downloads/longbeachbuys.com https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u mailto:rfppurchasing@longbeach.gov https://longbeach.gov/economicdevelopment/business-development/bizcare-program/bizcare-request/ mailto:4Biz@longbeach.gov https://longbeach.gov/economicdevelopment/business-development/bizcare-program/bizcare-request/

RFP - ED-26-783 | Template v7.8.26| 3

Contents

BizCare

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

3.3 Local Preference

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

The City of Long Beach is seeking proposals from qualified firms to prepare a feasibility study evaluating the opportunity to attract a professional sports team to Downtown Long

Beach and develop a premier sports and entertainment venue along the waterfront.

The study will include a market analysis of national and regional demand, audience demographics, economic conditions, revenue potential, economic impacts, and cost estimates. It will also provide an overview of selected professional sports leagues and teams, covering league structures, facility requirements, and trends in franchise expansion or relocation.

The consultant will identify realistic franchise expansion or relocation opportunities across relevant leagues and evaluate Long Beach’s strengths and challenges in pursuing a team.

The study will also outline public‑private partnership models to support the financing, development, and long‑term operation of a sports and entertainment facility and district.

Finally, the consultant will deliver a summary report with key findings and actionable recommendations to guide the City’s next steps and advance a development strategy that strengthens Downtown Long Beach as a regional destination while maximizing long‑term community and public benefits.

1.2 Background

The City of Long Beach’s strategic plan for economic development emphasizes positioning the city as a premier destination for sports, entertainment, and tourism. As a major venue city for the 2028 Olympic and Paralympic Games—hosting 11 Olympic events and seven

Paralympic events—Long Beach is taking proactive steps to build momentum leading up to and following 2028.

Recent and ongoing investments reflect this commitment. In 2026, the City opened the F&M

Bank Amphitheater of Long Beach, a 12,000‑seat outdoor waterfront music venue. The City is also advancing the Downtown Shoreline Vision Plan, a long‑term planning effort that will shape economic and community development along the Downtown waterfront for the next

30 years. The Draft Vision Plan identifies an approximately 13‑acre site known locally as the

“Elephant Lot” as a potential location for a future sports and entertainment facility. This site currently serves the Long Beach Convention & Entertainment Center and has historically hosted major events such as the Acura Grand Prix of Long Beach and the Vans Warped

Tour. It was also considered in 2018-2019 as a potential location for a Major League

Baseball stadium for the Los Angeles Angels of Anaheim.

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The City seeks to revisit the feasibility of attracting a professional sports team and developing a sports and entertainment facility at the Elephant Lot. This effort aligns with

Long Beach’s broader strategy to expand its sports and entertainment offerings and strengthen its position as a regional destination.

1.3 Goals

1. The study should provide a clear, evidence-based assessment of demand for professional sports and entertainment, including economic information that will help the City understand its competitive strengths and challenges.

2. The study should help the City understand how select leagues and teams operate, their expansion or relocation priorities, required facility standards, and the size and characteristics of markets that successfully support franchises.

3. The study should highlight potential expansion and relocation opportunities across relevant leagues and provide a practical evaluation of which opportunities may be most attainable for Long Beach. It should also outline feasible public-private partnership structures that could support financing, development, and long-term operations of a new facility.

4. The final report should synthesize findings into concise conclusions and recommendations giving the City a practical roadmap that outlines recommended next steps, strategic priorities, potential risks, and decision points needed to determine whether and how to pursue a professional sports team and related facility development.

1.4 Award Terms

This contract will be issued for an initial term of one year, with the option to renew for one additional one‑year period. In total, the contract term will not exceed two years. Only one award will be made for this service.

2 Scope of Work

2.1 Description of Services

The Consultant will provide a feasibility study to help the City of Long Beach evaluate the potential to attract a professional sports team and develop a sports and entertainment facility at the site commonly referred to as the “Elephant Lot” in Downtown Long Beach. The v7.8.26| 6 study will provide clear, data‑driven insights and actionable recommendations to guide the

City’s future decisions.

1. Market and Site Analysis

The Consultant will perform a market and initial site analysis to assess the demand for professional sports and major entertainment events and to assess the suitability of the Elephant Lot for a potential sports and entertainment facility. The analysis should clearly define Long Beach’s market strengths, limitations, and competitive positioning within the Southern California region. It should also provide a high‑level assessment of the Elephant Lot’s key characteristics, including its size, configuration, and surrounding land uses.

2. Professional Sports Landscape Assessment

The Consultant will provide an overview of select professional sports leagues and teams, including league structures, facility requirements, franchise expansion priorities, and relocation considerations. The assessment should identify league‑specific factors relevant to Long Beach and summarize how the City compares to markets that have successfully secured professional sports franchises.

3. Team Expansion and Relocation Opportunities

The Consultant will identify realistic expansion and relocation opportunities across relevant professional sports leagues. For each opportunity, the Consultant will evaluate market fit, facility needs, strategic considerations, and the likelihood that

Long Beach could successfully compete for the franchise. This component should include an assessment of Long Beach’s strengths, challenges, and timing considerations.

4. Public‑Private Partnership Models and Development Approaches

The Consultant will outline potential public‑private partnership (P3) models that could support the financing, development, and long‑term operation of a sports and entertainment facility. This should include a range of ownership structures, risk‑sharing frameworks, funding strategies, and governance approaches used in comparable projects nationally. Recommendations should address which models may be most viable for Long Beach.

5. Summary of Findings and Recommendations

At the conclusion of the effort, the Consultant will prepare a comprehensive summary report that synthesizes all research, analyses, and conclusions. The report should present clear, actionable recommendations to guide the City’s v7.8.26| 7 decision‑making, including next steps, strategic considerations, potential risks, and key decision points regarding whether and how to pursue a professional sports team and facility development.

APPENDICES

Pro-Forma Agreement: Non-Design

Map of Elephant Lot

Link to Draft Downtown Shoreline Vision Plan

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 Awarded Contractor during the contract. 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, Proposers 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 successful Proposer 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 key deliverables

Delivery of draft and final versions of each component according to the project schedule and budget.

TBD Project tracker and coordination meetings

2. Progress against project milestones

Timely completion of major work phases such as project kick-off, data collection, interviews, draft findings, and final report.

TBD Project tracker and coordination meetings https://www.longbeach.gov/globalassets/lbcd/media-library/documents/planning/downtown-shoreline-pd-6/comms-draft-downtown-shoreline-vision-plan---draft-vision-concept-1 v7.8.26| 8

3. Engagement and coordination

Number of meetings held with City staff and stakeholders.

Timeliness and quality of consultant responses to City questions or requests.

TBD Project tracker and coordination meetings

4. Deliverable quality and usability

Clarity and readability of work products as assessed by City staff. Extent to which findings and recommendations are actionable.

TBD Project findings and reports

2.2.2 Contract Management

The selected firm and the City will hold a kick-off meeting at the start of the contract to review and update the Project Plan, which will outline key tasks, deliverables, milestones, and timelines. The firm will then submit the revised Project Plan to the City. A schedule of regular meetings will be established to review project progress, address issues, and adjust the Project Plan as necessary.

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, the Contractor should invoice the City. The City will remit payment within 30 calendar days of being billed. The Contractor may submit an alternative payment arrangement for City review and consideration.

3 How We Choose

3.1 Minimum Qualifications

The selected firm shall meet the following minimum qualifications:

• Qualification to conduct business in the City

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

• Proven track record completing similar studies for municipal entities.

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3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

1. Organizational Capacity & Experience

• Proposer has relevant experience completing similar projects in size, scope, and complexity, particularly for public sector clients.

• Proposed team members have appropriate expertise, credentials, and a track record of successful performance on comparable engagements.

• The organization has sufficient staff resources and availability to meet project timelines and manage deliverables effectively.

50%

2. Method of Approach

• The proposal includes a clear, well-organized, and logically structured project plan that aligns with the goals and scope outlined in the RFP.

• The plan outlines a thoughtful, creative, and effective methodology for executing the work, including tools, processes, and strategies to ensure success.

• The plan includes processes for maintaining quality, accountability, and ongoing communication throughout the project lifecycle.

35%

3. Reasonableness of Cost

• Competitive pricing and cost effectiveness for the full scope of work.

15%

3.3 Local Preference

• The City shall apply five extra credit percentage points to all local businesses operating a home-based, residential business.

• The City shall apply ten extra credit percentage points to all local businesses operating a non-residential, commercial, brick-and-mortar business.

• Local business shall mean a business which maintains its principal place of business in a fixed office/place of business with the City of Long Beach, possesses a current

City of Long Beach business license and sellers permit if applicable.

• For a business to be eligible to claim preference, the business MUST request the preference in the solicitation response (see Attachment C) and provide a copy of its current business license and seller’s permit if applicable.

• The local preference does not apply to solicitations that are funded in full or in part by tidelands funds. The local preference may not apply to solicitations that are funded in full or in part by certain grant, federal or State of California funds.

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4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC) &

DATE LOCATION / ADDITIONAL INFORMATION

Release date September

8, 2026

Optional Info Session 10:00 AM

(PT),

September

17, 2026

• Microsoft Teams

Join: https://teams.microsoft.com/meet/

264494248819093?p=MkpPp1njEb1KdZ

3kSv

Meeting ID: 264 494 248 819 093

Passcode: 7YB3c2WX

Need help? | System reference

Dial in by phone

+1 213-279-1690,,57082924# United States, Los Angeles

Find a local number

Phone conference ID: 570 829 24#

Questions due to the

City

11:00 AM

(PT),

September

24, 2026

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

Posting of the Q&A October 1,

• Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00 AM

(PT),

October 15,

• Proposals should be submitted electronically via LongBeachBuys.com.

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

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

o Proposers will receive an e-bid confirmation number with a time https://teams.microsoft.com/meet/264494248819093?p=MkpPp1njEb1KdZ3kSv https://teams.microsoft.com/meet/264494248819093?p=MkpPp1njEb1KdZ3kSv https://teams.microsoft.com/meet/264494248819093?p=MkpPp1njEb1KdZ3kSv https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTUxYjZiNDAtNzg1Zi00ODM0LWJkMDEtOTNjMDA2ZGEzNmEy%40thread.v2/0?context=%7b%22Tid%22%3a%22313f11c3-4268-4f6a-8d3b-c7e650183e78%22%2c%22Oid%22%3a%22077bff9e-f8eb-450e-8008-668c3041048e%22%7d tel:+12132791690,,57082924 https://dialin.teams.cloud.microsoft/9592d373-70e6-4426-b0db-98f05eeab206?id=57082924 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 v7.8.26| 11 stamp from LongBeachBuys.com indicating that the proposal was submitted successfully. The City will only receive proposals 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.

Interviews/ Demos/ Site

Visits

TBD • Interviews are planned as part of the evaluation.

• The City may interview or request demos from none, one, some or all Proposers.

Negotiation &

Contractor Selection

TBD • Selected Contractor(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 Public Records Act requests unless and until an agreement is reached.

Estimated Contract

Execution

TBD

file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com mailto:LBPurchasing@longbeach.gov v7.8.26| 12

4.2 Proposal Content

Complete proposals will include the following. Proposers are encouraged to use this table as a checklist to ensure all components are included in their proposal. Please note proposals that are NOT complete will NOT be considered for the opportunity and will be deemed nonresponsive.

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 provide a clear, all-inclusive total cost for completing the full scope of work, along with a detailed breakdown of costs by task or deliverable. For each task, it would be beneficial for the proposal to include the estimated hours, hourly rate, and corresponding cost.

PROPOSAL APPENDICES

☐ Financial

Stability

Proposers should include one or more of the following financial statements to provide the City with enough information to determine financial stability of the Proposer 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 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

Proposer.

☐ A. Authorization & Certification

☐ B. Local Preference Program

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

Contractors 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 v7.8.26| 13

☐ D. Business License

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

☐ F. Certificates of Insurance: See Section 5.3 Contract Terms & Conditions

☐ Contact Information | Ensure your organization’s profile is up to date in Long Beach

Buys, including an email address, phone number, and for any classifications you may qualify for.

☐ Conformation of Attachments | Ensure you have checked ALL the attachments in

Long Beach Buys and have confirmed that all the required documents have been uploaded and labeled correctly.

4.3 Narrative Proposal Template

Proposers should develop a narrative proposal that includes all of the following information.

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

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Federal Tax ID Number

Website

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

PROPOSER CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation v7.8.26| 14

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

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

Please describe the length of time the organization has been providing the services described in the RFP.

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

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

Who are the key staff involved in the project?

For each, please include a name, title, and summary of experience either as an attachment or 1 paragraph description.

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2

Company

Project Manager

Phone Number

Project Description

Reference 3

Company

Project Manager

Phone Number

Project Description v7.8.26| 15

SUB-CONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

Vendor may not use any subcontractor in connection with the services without our prior written approval. Vendor remains fully responsible for all acts and omissions of any approved subcontractor.

☐ Yes

☐ No

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

Organization Company Name

Company Address

Authorized

Representative

Name

Title

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 organization?

☐ 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?

v7.8.26| 16

Is the subcontractor registered with the

California Department of Industrial

Relations? If yes, provide registration number.

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

Please describe the length of time the organization has been providing the services described in this RFP (1-3 sentences).

How many employees does the organization have nationally, locally, and residing in Long

Beach?

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

For each, please a name, title, and resume either as an attachment or 1 paragraph description.

Method of Approach

1. Briefly summarize your proposed service.

2. Provide a detailed work plan outlining key tasks, milestones, deliverables, and estimated timelines.

3. Describe the data, information, and support you will need from the City to successfully complete the project.

4. What unique experience, relationships, approaches, tools, or creative methods will you bring to this project?

5. How will you ensure the final report and recommendations are actionable and include realistic implementation strategies and timelines?

6. Please describe any stakeholder engagement you believe is necessary to successfully complete the project.

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5 Terms & Conditions

5.1 Acronyms/Definitions

1. Awarded Contractor: The organization/individual that is awarded a contract 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. Contractor / Proposer: Organization/individual submitting a proposal in response to this RFP.

4. Department / Division: City of Long Beach, Economic Development & Opportunity

5. 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.

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

7. RFP: Request for Proposals.

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

9. 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.

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

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.

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

Proposers.

3. The City may contact the references provided; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from v7.8.26| 18 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 Proposer to satisfy the City will be commensurate with the size and complexity of the contract and Proposers should submit accordingly. If the information submitted by the Proposer, or available from other sources, is insufficient to satisfy the City as to the Proposer’s contractual responsibility, the City may request additional information from the Proposer 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 Proposer’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 Proposer 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 Proposers.

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 Proposer’s standard contract language. The omission of these documents may render a proposal non-responsive.

v7.8.26| 19

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 Proposers in their proposals are an irrevocable offer for the term of the contract and any contract extensions. The Awarded Contractor 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 Awarded

Contractor for implementation of their proposal.

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

20. In the event a Proposer received assistance from City staff or a representative of the City (technical assistance provider), the City is not responsible for any mistakes, inaccuracies, delays, or any other impact that the assistance provided did to impact the Proposer’s final product. Available technical assistance support services are only intended to provide advice and does not constitute a basis for any protest to this contract opportunity. It is solely the Proposer’s responsibility to prepare and submit a response to the RFP.

21. Proposal will become public record after the Notice of Intent to Award has been posted and the protest period has closed unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to v7.8.26| 20 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.

22. 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 Proposer’s obligations.

23. If the Contractor elects to use subcontractors, the City requires that the Awarded

Contractor provide proof of payment of any subcontractors used for this project.

Proposals shall include a plan by which the City will be notified of such payments.

24. Each Proposer must adhere to the City’s Vendor Code of Conduct, including, but not limited to, 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 Proposer on the grounds of actual or apparent conflict of interest. The Vendor Code of Conduct can be found at https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023

25. Each Proposer 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 Proposer or in which the Proposer 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

Proposer’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.

26. The City reserves the right to negotiate final contract terms with any Proposers selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the Awarded Contractor’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 https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023 https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023 v7.8.26| 21 modifications and clarifications to the Awarded Contractor’s proposal, and the

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

27. 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.

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

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

30. 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 Proposer expressly excludes.

31. Proposer 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

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

32. Proposals shall be kept confidential until the Notice of Intent to Award has been posted and the protest period has closed.

33. 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.

Proposers 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 Proposers shall complete and return, with their bid, the Equal Benefits Ordinance

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

35. Independent contractors or employees of a third-party employer who are CalPERS retirees are subject to provisions of the Government Code. A CalPERS retiree is an employee of a CalPERS employer who terminates active employment and receives a v7.8.26| 22 monthly CalPERS retirement allowance. Any individual qualifying as a CalPERS retiree doing business as an independent contractor or employee of a third- party employer is required to submit a CalPERS determination to ensure the services provided are considered that of a true independent contractor position. All third-party employers are required to notify any individual they are having work for the City of Long Beach of this requirement. You may reach out directly to CalPERS at membership_reporting@calpers.ca.gov for a determination.

5.3 Contract Terms & Conditions

1. 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.

2. 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. As a condition precedent to the effectiveness of this contract, Contractor shall procure and maintain at Contractor’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 and its 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 of activities or work performed by or on behalf of the

Contractor 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 coverage for liability resulting from cross liability protection.

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 mailto:membership_reporting@calpers.ca.gov v7.8.26| 23 shall be endorsed with a waiver of the insurer’s right of subrogation against the City of Long Beach and its insurers, officials, employees, and agents.

c. If use of a vehicle is part of the scope of services, commercial automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06 92 in an amount not less than Five Hundred Thousand Dollars (US $500,000) combined single limit (CSL) covering Symbol 1 (“any auto”).

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 Contractor may use in the performance of this contract shall be required to indemnify the City to the same extent as the Contractor and to maintain insurance in compliance with the provisions of this section.

Contractor 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 v7.8.26| 24 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.

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. 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”).

6. 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 http://www.longbeach.gov/finance/business_license v7.8.26| 25 the defense of the Claim to Awarded Contractor, and shall assist Awarded Contractor, 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, Awarded Contractor’s costs 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 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.

10. 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.

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

Contract.

12. 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.

13. 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, v7.8.26| 26 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. The awarded contractor expressly agrees to comply with the penalty provisions of California Labor Code

Section 1776

14. CALIFORNIA WAGE RATE REQUIREMENTS: This project is a public work under Labor

Code § 1720 et seq. Pursuant to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California, the Director of Public Works of the City by and on behalf of the City Council has obtained from the Director of the Department of Industrial

Relations of the State of California the general prevailing rate of per diem wages, and the general prevailing rate of holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type of workers needed to perform the Work. Copies of prevailing rate of per diem wages are on file in the office of the City Engineer, 5th floor, City Hall, 411 West Ocean Boulevard, Long Beach, California 90802, and shall be made available upon request. Copies may also be obtained on the California Department of Industrial Relations website http://www.dir.ca.gov/dlsr. This project will be subject the 2021-2 prevailing wage rate, as determined by the Director of the Department of Industrial Relations for the

State of California. The Contractor to whom the Contract is awarded, and its subcontractors is directed to pay not less than the general rate of per diem wages for each craft, classification, or type of worker needed to execute the contract.

Contractor is required to post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Contractors are required to pay at least the California minimum wage for the basic hourly rate in all cases where the published prevailing wage rate is below the California minimum wage. Any and all employer payments required by the prevailing wage determinations must also be paid. If the California minimum wage is increased in the future to an amount above that shown in the prevailing wage determination, the basic hourly rate in that determination automatically increases to the new minimum wage.

15. FEDERAL DAVIS BACON REQUIREMENTS (FEDERALLY ASSISTED CONTRACTS

ONLY): Federal-aid Work is subject to the requirements of the Davis Bacon Act. The contractor to whom the contract is awarded must comply with the Federal Wage

Decision contained in Division E of the Specifications and all record keeping requirements of the Davis Bacon Act. The Federal Wage Rate associated with this http://www.dir.ca.gov/dlsr v7.8.26| 27 procurement is CA20220022MOD0.