RFP ER-22-173 Renewable Natural Gas Supplier.pdf

Renewable Natural Gas Supplier | RFP ER-22-173 | Template v6.9.21 | 1

City of

Long Beach Request for Proposals Number ER-22-173

Renewable Natural Gas Supplier

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Overview

Summary The City of Long Beach (City), through its Energy Resources Department, is soliciting proposals to supply Renewable Natural Gas (RNG) for use as a vehicle fuel to three locations within its utility service territory. Pursuant to federal and state regulations, the supplier shall manage Renewable Identification Number (RIN), and Low Carbon Fuel Standards (LCFS) credits associated with the supply and consumption of RNG.

Supplier shall ensure RNG delivered to the City meets the definition of RNG as defined under proposed California Senate Bill 1383 (SB 1383) and exempt for purposes related to the California Cap and Trade Program (AB 32).

Key Dates Release Date: November 17, 2022

Questions Due to the City: 11:00 AM, December 8, 2022

Proposals Due: 11:00 AM, January 10, 2023

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 the City’s Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com https://longbeachbuys.buyspeed.com/

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RFP Official Contact Elisa Landeros rfppurchasing@longbeach.gov All communication with the City related to this RFP must be directed to the contact listed above.

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

3.3 Selection Process & Timelines

4 Proposal Instructions & Content

4.1 Proposal Timelines & Instructions

4.2 Proposal Content

4.3 Narrative Proposal Template

5 Terms & Conditions mailto:rfppurchasing@longbeach.gov

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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, through its Energy Resources Department (ER), is soliciting proposals to supply Renewable Natural Gas (RNG) for use as a vehicle fuel to three locations within the City’s service territory to meet 100% of end-use customers’ consumption.

Customer Address Annual Consumption (MMBtu)

Long Beach Transit 6860 Cherry Ave.

Long Beach, CA 90805 162,000

City of Long Beach, Fleet Services

2600 Temple Ave.

Long Beach, CA 90806 56,000

City of Long Beach, Fueling Station

2400 E. Spring St.

Long Beach, CA 90806 85,000

Pursuant to federal and state regulations, the supplier shall manage Renewable Identification Number (RIN), and Low Carbon Fuel Standards (LCFS) credits associated with the supply and consumption of RNG as a vehicle fuel. Supplier shall ensure natural gas delivered to the City meets the definition of RNG as defined by proposed regulation California Senate Bill 1383 (SB 1383) and exempt for purposes related to the California Cap and Trade Program (AB 32). In addition, the supplier shall draft amendments allowing ER to collect RIN and LCFS credits on behalf of customers that use natural gas as a vehicle fuel.

1.2 Background

In order to reduce greenhouse gas emissions from the transportation sector, federal and state laws have been enacted to decrease the nation’s dependence on fossil fuels and promote less carbon-intensive renewable fuels. A federal Renewal Fuel Standard (RFS) was created under the Energy Policy Act of 2005, and greatly expanded under the Energy Independence and Security Act (EISA) of 2007. Under the RFS program, fuel producers and importers are required to replace a percentage of their fossil-based transportation fuels with cleaner renewable fuels. In order to enforce the required volume of renewable fuel under the RFS, the Environmental Protection Agency assigns a Renewable Identification Number (RIN) to each unit of renewable fuel.

Along with the federal RFS mandate, California has also enacted similar legislation requiring the oil and gas industry to reduce the carbon intensity of transportation fuels. Under the Global Warming Solutions Act of 2006 (AB 32), California created a Low Carbon Fuel Standard (LCFS) that incentives the use of RNG as a vehicle fuel.

As a natural gas distributor, The City of Long Beach continually explores new approaches to reduce greenhouse gas emissions that contribute to climate change. Technological advancements have allowed companies to produce alternatives to traditional natural gas that emit fewer greenhouse gas emissions and increase the nation’s energy security. One such advancement is the ability to produce RNG on a large scale.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1383 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB32

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The City of Long Beach, Energy Resources Department is seeking an RNG supplier capable of supplying 100% of the demand from customers that use natural gas as a vehicle fuel. The supplier must manage the federal RIN and state LCFS credit programs, provide documentation to meet the definition of RNG included in the proposed SB 1383, and ensure RNG is exempt for purposes related to the California Cap and Trade Program (AB 32).

1.3 Goals

ER supplies three locations with natural gas to operate CNG-powered fleet vehicles. By entering into a supply contract, along with any necessary addendum's, ER is able to purchase an amount of RNG equal to the amount of natural gas used by CNG-powered fleet vehicles operating within the City. This RNG must meet the definition of renewable gas as defined by the proposed regulation SB 1383 and be exempt for purposes related to California Cap and Trade (AB 32) reporting. The proposed supply agreement will not only allow for the purchase of renewable fuel but also allow ER to receive a percentage of the revenue generated from the sale of RIN and LCFS credits on the open market.

1.4 Award Terms

This contract will be for a period of two years with the option to renew for three additional one-year periods. The total contract term will not exceed five years. In the event SB 1383 compliant fuel is unavailable, the City will consider another RNG provider on a shorter contract term and advertise another Request for Proposal (RFP) once the SB 1383 compliant fuel becomes more readily available.

2 Scope of Work

2.1 Description of Services

Supplier of renewable natural gas shall, but not limited to, perform the below functions:

Seller shall deliver RNG to meet 100% of demand for customers that use natural gas as a vehicle fuel.

As a wholesale end-use customer of the Southern California Gas Company (SoCalGas), the supplier is responsible for delivering natural gas into the SoCalGas pipeline system for final consumption within the City’s service territory.

The supplier must provide the City with a monthly price paid for RNG (per MMBtu) based on an associated bidweek average index price as published in Natural Gas Intelligence, including any proposed discount or premium on that price.

Pursuant to federal and state regulations, the supplier will manage RIN and LCFS credits associated with the supply and consumption of RNG as a vehicle fuel.

The seller will provide the City, on a percentage basis, revenue obtained through RIN and LCFS credits.

Manage and balance RNG supply to the SoCalGas system without charge to the City. Seller shall be responsible for charges or penalties incurred by the City related to the delivery of RNG.

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Provide documentation for the purposes of meeting the definition of renewable gas as defined by the proposed regulation California Senate Bill 1383 and exempt for purposes related to California Cap and Trade (AB 32) reporting.

Draft any contract amendments required for the city to collect RIN and LCFS credits on behalf of customers that use RNG as a vehicle fuel.

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. Supply of RNG to customers that use natural gas as a vehicle fuel

RNG supply will be used to decrease greenhouse gas emissions

Based on customer consumption provided by the city, deliver RNG to meet 100% of customers’ demand

Monthly data will be obtained through the city’s advanced metering infrastructure and the SoCalGas Envoy system

2. Cost of RNG supply

RNG will be priced (per MMBtu) using a published index, including any proposed premiums or discounts

Minimize the cost to the city for the purchase of RNG

Bidweek average index prices as published in Natural Gas Intelligence

3. Revenue from federal RIN and state LCFS credits

Customers that use RNG as a vehicle fuel generate revenue from credits sold on an open market platform

Maximize revenue to the city based on the share (percentage basis) of RIN and LCFS credits

Develop and manage the Low Carbon Fuel Standards program as outlined in CA Assembly Bill AB32

4. Fuel must meet the definition of RNG under

The City of Long Beach must adhere to various federal and state

Full compliance of federal and state regulations

Documentation provided by the supplier

Renewable Natural Gas Supplier | RFP ER-22-173 | Template v6.9.21 | 7 proposed SB requirements to reduce greenhouse gas emissions

5. RNG exempt under California Cap and Trade (AB 32) Program reporting

Supplied fuel shall meet requirements for the exemption to the California Cap and Trade Program’s greenhouse gas reporting

A reduction in the required amount of carbon allowances the City must purchase for program compliance

Documentation provided by the supplier

2.2.2 Contract Management

City shall provide consumption data for each facility on a monthly basis or at any time data is requested by the seller. Any additional information requested by the seller will be provided by the City in a timely manner.

Seller shall provide the City with monthly statements, including the cost of purchasing RNG and the associated value of RIN and LCFS credits for each customer that consumes natural gas as a vehicle fuel.

As needed by the City, the supplier will provide documentation for the exemption of RNG from reporting under the California Cap and Trade Program and meet the definition of RNG under proposed SB 1383.

Through the City’s agent, Shell Energy North America, supplier will nominate daily volumes into the SoCalGas system.

Supplier shall draft any amendment required for the City to collect revenue from RIN and LCFS credits on behalf of customers that consume natural gas as a vehicle fuel.

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. Each month, the City shall receive an invoice and statements detailing RIN and LCFS revenue for each customer that is supplied under the contract.

3 How We Choose

3.1 Minimum Qualifications

Qualified to conduct business with the City of Long Beach.

Proven experience as an RNG supplier for a minimum of 3 years.

Understanding of federal and state regulations as it applies to RNG supply and applicable regulations.

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Knowledge of the nomination and delivery of natural gas into the Southern California Gas Company’s pipeline system

3.2 Evaluation Criteria

CRITERIA

1. Organizational Capacity & Experience

Ability to supply RNG to meet 100% of end-use consumption to customers that use natural gas as a vehicle fuel.

Regulatory experience managing federal RIN and state LCFS credits.

Capable of providing documentation exempting RNG from reporting under the California Cap and Trade Program (Assembly Bill 32) and meeting the definition of RNG under proposed California Senate Bill 1383

In the event SB 1383 compliant fuel is unavailable, the City will consider another RNG provider on a shorter contract term and advertise another Request for Proposal (RFP) once the SB 1383 compliant fuel becomes more readily available.

2. Method of Approach Potential suppliers shall provide the city with a monthly price for RNG (per

MMBtu) based on published index prices, including any premium of discount.

Candidates must state a framework for RIN and LCFS revenue sharing on a percentage basis.

3. Communications & Reporting

Provide monthly statements that include the total monthly cost of the RNG supply and an itemization of RIN and LCFS revenue for each customer that consumes RNG as a vehicle fuel.

Nominate daily gas supply into the SoCalGas system.

4. Reasonableness of Cost

3.3 Selection Process & Timelines

EVALUATION STAGE

ESTIMATED

DATE DESCRIPTION

Evaluation of Narrative & Cost Proposals

January - February 2023

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.

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Negotiation & Contractor Selection

March -April

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 competing Contractors unless and until an agreement is reached.

Estimated Contract Execution

April - May

Proposer Debrief After Contractor is

Selected

Successful and unsuccessful Proposers 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 Proposer with constructive feedback to equip them with information to effectively meet the City’s needs and be successful in future proposals.

4 Proposal Instructions & Content

4.1 Proposal Timelines & Instructions

MILESTONE

TIME

(PACIFIC) &

DATE LOCATION / ADDITIONAL INFORMATION

Release date November

17, 2022 Questions due to the City

11:00 AM

December

8, 2022

Submit all inquiries via email to rfppurchasing@longbeach.gov

Posting of the Q&A December 27, 2022

Responses to the questions will be posted on the City’s Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/ mailto:rfppurchasing@longbeach.gov

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Proposals due 11:00 AM January 10, Proposals should be submitted electronically via the City’s Long Beach Buys portal, available at https://longbeachbuys.buyspeed.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 stamp from Long Beach Buys indicating that the proposal was submitted successfully. The City will only receive proposals that were transmitted successfully.

o Support resources including a list of Frequently Asked Questions are available on Long Beach Buys at https://longbeachbuys.buyspeed.co m/

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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.

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 below in Section 4.3.

☐ Cost Proposal The Cost Proposal should be prepared using:

RIN and LCFS revenue sharing between the proposer and city on a percentage basis Proposed supplier will identify a monthly bidweek average index price (per MMBtu) that the city will pay for gas delivered into the SoCalGas system plus any premiums of discounts.

Proposer shall supply the city a monthly statement showing RIN and LCFS prices used for revenue sharing.

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 related earnings

☐ 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. Equal Benefits Ordinance (EBO) Form

NON-MANDATORY ATTACHMENTS | The following are required for awarded Contractors prior to contract execution. If possible, Proposers are encouraged to include this information as part of their proposal to expedite processing.

☐ C. W-9 ☐ D. Business License ☐ E. Proof of Registration with Secretary of State

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

4.3 Narrative Proposal Template

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

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Company Name Company Address WebsiteOrganization

Federal Tax ID Number Name Title Email Address

Authorized Representative

Phone Number Name Title Email Address

Other Point of Contact (if required) Phone Number

PROPOSER CAPACITY & EXPERIENCE

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation State and Date of incorporation:

☐ Limited Liability Company

What type of enterprise is the organization?

☐ Other

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

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

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

Who is the key staff involved in the project?

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

☐ YesDoes the proposal include subcontractors?

☐ No

REFERENCES

Company Project Manager Phone Number Project DescriptionReference 1

Project Start and End Dates Company Project Manager Phone Number Project DescriptionReference 2

Project Start and End Dates Company Project Manager Phone Number Project DescriptionReference 3

Project Start and End Dates Company Project Manager Phone Number Project DescriptionReference 4

Project Start and End Dates Company Project Manager Phone Number Project DescriptionReference 5

Project Start and End Dates

SUB-CONTRACTOR CONTACT INFORMATION (if applicable) Please provide this information for all subcontractors included in this proposal.

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Company NameOrganization Company Address Name Title Email Address

Authorized Representative

Phone Number Name Title Email Address

Other Point of Contact (if required) Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation State and Date of incorporation:

☐ Limited Liability Company

What type of enterprise is the organization?

☐ 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 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?

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Who is the key staff involved in the project?

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

Method of Approach

1. Please briefly summarize the proposed service.

2. Pricing used for RNG and associated RIN and LCFS credits

3. Methodology for ensuring RNG is exempt from California Assembly Bill 32 (Cap and Trade) reporting and meets the definition of RNG as defined by proposed regulation California Senate Bill 1383 (SB 1383)

4. Method for delivering RNG into the Southern California Gas Company’s pipeline system for ultimate consumption by Long Beach customers.

5. Identify potential risks from operational / technical / legal challenges and explain how these risks will be mitigated. Examples include supply problems, potential pipeline interruptions, and changes to existing laws pertaining to RNG.

6. Outline any information/processes that may be required from the City.

Communications & Reporting

1. Through the City’s gas services provider (Shell Energy North America), supplier shall nominate daily deliveries into the SoCalGas system. Nominations will be tracked by Shell Energy and reported in SoCalGas’ Envoy system.

2. Provide the City with month-end statements outlining the quantity of RNG delivered to each end-user and price per MMBtu.

3. Provide month-end statements showing RIN and LCFS pricing and revenue for each City customer that uses RNG as a vehicle fuel.

4. Through its AMI system, City shall provide monthly natural gas consumption amounts for each of its three customers indicated above.

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5. The City requires that the awarded Contractor 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. 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, Energy Resources

5. EISA: Energy Independence and Security Act

6. 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.

7. LCFS: Low Carbon Fuel Standards

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

9. RFP: Request for Proposals.

10.RFS: Renewal Fuel Standard

11.RIN: Renewable Identification Number

12.RNG: Renewable Natural Gas

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

14.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.

15.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.

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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 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.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.

11.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.

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

13.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.

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

15.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.

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16.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.

17.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.

18.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.

19.Proposal will become public record after the award of a contract 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 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.

20.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.

21. 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.

22.Each Proposer 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 Proposer on the grounds of actual or apparent conflict of interest.

23.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.

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24.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 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.

25.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.

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

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

28.Execution of Attachment A of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, including, without limitation, the Attachment B contract form and all terms and conditions therein, except such terms and conditions that the Proposer expressly excludes.

29.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.

30.Proposals shall be kept confidential until a contract is awarded.

31.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.

32.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. Proposers shall refer to Attachment B for further information regarding the requirements of the ordinance. If Attachment B is not present in the RFP, the Equal Benefits Ordinance does not apply to this procurement.

33.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.

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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. 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 Agreement, Contractor shall procure and maintain at Contractor’s expense for the duration of this Agreement 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 products provided by or work or activities performed by or on behalf of the Contractor in an amount not less than Two Million Dollars (US $2,000,000) per occurrence and Four Million Dollars (US $4,000,000) in general aggregate. This coverage shall include explosion, collapse, and underground hazards (XCU), sudden and accidental pollution liability, and products and completed operations liability. There shall be no exclusions or limitations regarding contractual liability protection and/or 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 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 vehicles are used in delivery, commercial automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06 92 in an amount not less than Two Million Dollars (US $2,000,000) combined single limit (CSL) covering Symbol 1 (“all autos”).

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.

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Any subcontractors which Contractor may use in the performance of this Agreement 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. In 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 Agreement.

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 Agreement

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

3. 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.

4. 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) Contractor’s breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the Project’s 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 Contractor, its officers, employees, agents, subcontractors, or anyone under Contractor’s control, in the performance of work or services under this Contract (collectively “Claims” or individually “Claim”).

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

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5. In addition to Contractor’s duty to indemnify, Contractor shall have a separate and wholly independent duty to defend Indemnified Parties at 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 Contractor shall be required for the duty to defend to arise. City shall notify Contractor of any Claim, shall tender the defense of the Claim to Contractor, and shall assist Contractor, as may be reasonably requested, in the defense.

6. If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, 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.

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

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

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

10. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: “It shall be mandatory for the contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. Copies of prevailing rate of per diem wages are on file in the office of the City Engineer, 9th 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 2020-2 prevailing wage rate, as determined by the Director of the Department of Industrial Relations for the State of California. 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.

11.Pursuant to the provisions of Labor Code Section 1776, Contractor shall keep and shall cause each subcontractor performing any portion of the work under this Contract to keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, http://www.dir.ca.gov/dlsr

Renewable Natural Gas Supplier | RFP ER-22-173 | Template v6.9.21 | 24 apprentice, worker, or other employee employed by Contractor or subcontractor in connection with the work. Such payroll records for Contractor and all subcontractors shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor pursuant to the provisions of Section 1776 of the Labor Code. Contractor's failure to furnish such records to City or City’s authorized Labor Compliance representative in the manner provided herein for notices shall entitle City to withhold the penalty prescribed by law from progress payments due to Contractor.

12.APPRENTICESHIP EMPLOYMENT (CONTRACTS OVER $30,000 ONLY): The Contractor shall comply with Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor and, by submitting a Bid and executing the Contract, the Contractor stipulates that it shall so comply.

13.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.]

5.4 Additional Requirements

N/A

5.5 Protest Procedures

Who May Protest

Only a Proposer who has actually submitted a proposal is eligible to protest a contract awarded through a Request for Proposals (RFP). A Proposer may not rely on the protest submitted by another Proposer but must pursue its own protest.

Time for Protest

The City will post a notice of the intent to award a contract at least ten (10) business days before an award is made. The notice will be available to all Proposers who submitted a proposal via the City’s electronic bid notification system at http://www.longbeach.gov/purchasing. A Proposer desiring to submit a protest for a proposal must do so within five (5) business days of the electronic notification of intent to award. The City Purchasing Agent must receive the protest by the close of business on the fifth (5th) business day following posting of notification of intent to award the contract. Proposers are responsible for registering with the City’s electronic bid notification system and maintaining an updated Contractor profile. The City is not responsible for Proposers’ failure to obtain notification for any reason, including but not limited to failure to maintain updated email addresses, failure to open/read electronic messages and failure of their own computer/technology equipment. The City’s RFP justification memo will be available for review by protestors once the notification of intent to award has been posted via the City’s electronic bid notification system.

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Form of Protest

The protest must be in writing and signed by the individual who signed the proposal or, if the Proposer is a corporation, by an officer of the corporation, and addressed to the City Purchasing Agent. Protests must be submitted via the email address above. They must include a valid email address and phone number. Protests must set forth a complete and detailed statement of the grounds for the protest and include all relevant information to support the grounds stated, and must refer to specific portions of the RFP and attachments upon which the protest is based. Once the protest is received by the City Purchasing Agent, the City will not accept additional information on the protest unless the City requests it.

City Response to Protest

The City Purchasing Agent or designee will respond with a decision regarding the protest within five (5) business days of receipt of protest to the email address provided in the protest. This decision shall be final.

Limitation of Remedy

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