RFP FM-24-494 REVISED 11-14-24 VERSION 2.pdf

Citywide Labor Compliance Consulting Services | RFP - FM-24-494 | Template v11.30.23 |

City of

Long Beach Request for Proposals RFP - FM-24-494

Citywide Labor Compliance Consulting Services

Citywide Labor Compliance Consulting Services | RFP - FM-

24-494 | Template v11.30.23 | 1

Overview

Summary

The City of Long Beach (“City”) is soliciting competitive proposals from qualified firms to provide on-call comprehensive monitoring services in support of the

City’s Labor Compliance programs.

Key Dates

Release Date: October 28, 2024

Optional Pre-Proposal Virtual Meeting: 10:00 AM

(PST), November 14, 2024

Questions Due to the City: 11:00 AM (PST), November

21, 2024

Proposals Due: 11:00 AM (PST), January 7, 2025

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.

Official Contact

William Reyes rfppurchasing@longbeach.gov

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

mailto:rfppurchasing@longbeach.gov

24-494 | Template v11.30.23 | 2

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

Inclusive Business Navigators

The Inclusive Business Navigators Program provides FREE technical assistance in preparing proposals for City of Long Beach contracting opportunities.

In addition, they provide workshops, and business coaching/advising services to Long Beach small businesses. Assistance is available in multiple languages. For more information, please contact Bizcare.

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/ https://longbeach.gov/economicdevelopment/business-development/inclusive-business-navigators/

24-494 | Template v11.30.23 | 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

1 The Opportunity

1.1 Project Summary

The City of Long Beach (“City”) is soliciting competitive proposals from qualified firms to provide on-call comprehensive monitoring services in support of the City’s Labor

Compliance programs. The selected firm(s) will assist the City with labor compliance monitoring and support for local, state, or federally funded projects.

The selected firms will be required to monitor contractors and subcontractors on assigned projects to ensure conformity with city, state, and federal laws related to prevailing wage, apprenticeships, local hire, and other labor compliance requirements.

1.2 Background

The City executes numerous construction and maintenance/service contracts, each subject to various local, state, and federal contract and labor requirements. The City monitors and enforces Davis-Bacon and Related Acts (Federal prevailing wage) and California Labor Code

(State prevailing wage) requirements on public works projects.

The selected firms will be required to monitor contractors and subcontractors on assigned projects to ensure conformity with City, State and Federal laws related to prevailing wage, apprenticeships, local hire, and other labor compliance requirements. Prospective firms should review and be familiar with the following information in preparation of their proposals:

• Housing and Urban Development (HUD) Section 3 Regulation Title 24 Code of Federal

Regulations (CFR) Part 135

• Federal Davis-Bacon Laws (Title 29 Code of Federal Regulations)

• State Prevailing Wage Laws (State of California, Labor Code section 1720 et seq.)

• Disadvantage Business Enterprises (DBE) requirements; Title 49 CFR Part 26

• City of Long Beach Small Business Enterprise (LBSBE) Ordinance (Instructions and

Ordinance)

The City intends to award multiple Consultants to provide the services outlined in Section

2 – Scope of Work. In addition to general labor compliance monitoring services, the City may opt to award a contract to a Consultant with expertise in HUD Section 3 specific projects and to a Consultant with expertise in DBE specific projects for on-call monitoring services of solely those applicable projects.

https://www.longbeach.gov/globalassets/finance/business-info/compliance/2022-lbsbe-program-bidder-instructions https://www.longbeach.gov/globalassets/finance/media-library/documents/business-info/compliance/small-business-enterprises/small-business-ordinance

1.3 Goals

The goal of The City’s Labor Compliance Program (LCP) is to ensure that all labor laws and regulations are adhered to on public works projects. By achieving these objectives, the

City’s LCP helps create a fair, safe, and equitable working environment on public works projects, ultimately benefiting workers, contractors, and the community at large.

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.

2 Scope of Work

2.1 Description of Services

The City desires to engage Consultants to provide on-call labor compliance monitoring and related professional services to support the operations of its Labor Compliance Division.

Scope of work includes:

Certified Payroll Monitoring

The Consultant shall:

a. Monitor certified payroll records (CPRs) and ancillary payroll documents using the

LCPtracker© system.

b. Review and audit payroll, fringe benefit records and certified wage submissions for completeness and accuracy.

c. Review the CPRs weekly, as received, and notify the contractor/consultant of any deficiencies in wages, overtime compensation, incomplete or inaccurate CPRs, and/or incomplete or inaccurate Statements of Compliance.

d. Notify the City and investigate potential violations and complaints of underpayment. Should wage restitution be required, the Consultant shall oversee the wage restitution process.

e. Take the necessary steps to informally resolve/settle underpayment of wages to workers.

f. Send a monthly Discrepancy Notice to the vendor. Any items that are outstanding, non-compliant, or missing should be added in the body of the email and attached. Larger projects would be exempt from this requirement.

Skilled and Trained Workforce

The Consultant shall:

a. Monitor Skilled & Trained Workforce (“STW”) requirements, as applicable per Public

Contract Code §10191https://codes.findlaw.com/ca/public-contract-code/pcc-sect-

10191/#:~:text=California Code, Public Contract Code - PCC %C2%A7 10191.

Current https://codes.findlaw.com/ca/public-contract-code/pcc-sect-10191/#:~:text=California Code, Public Contract Code - PCC %C2%A7 10191. Current https://codes.findlaw.com/ca/public-contract-code/pcc-sect-10191/#:~:text=California Code, Public Contract Code - PCC %C2%A7 10191. Current https://codes.findlaw.com/ca/public-contract-code/pcc-sect-10191/#:~:text=California Code, Public Contract Code - PCC %C2%A7 10191. Current

On-Site Inspections/Employee Interviews

The Consultant shall:

a. Conduct employee interviews at the job site to verify correct payment of prevailing wage. The Consultant shall conduct the number of interviews required by City and/or Federal policy and determine the employee classes to be surveyed.

b. Conduct site visits within the first 30 days after start of construction.

c. Notify the Labor Compliance Division & Department Project Manager that same day so another site visit can be facilitated if Consultant is unable to perform on-site interviews due to the contractor/consultant providing incorrect location/times for construction schedule.

d. Conduct at-random interviews, without providing advanced notification to their contractor and subcontractor. Employee interviews should be conducted in private and away from their employers. Interviews cannot be conducted on work breaks or lunches.

e. Provide the necessary translation services if translation/interpretation services are required to conduct the interviews. If interviewer does not speak language of the employee, Consultant must provide a translator.

f. Mail interview forms to the employee’s address and with a pre-paid return envelope for the returned survey if the consultant is unable to reach a worker.

g. Document site interviews on appropriate forms and ensure that applicable labor/wage posters are on site in conspicuous places and protected from weather.

Apprentice Oversight

The Consultant shall:

a. Ensure apprenticeship compliance on State of California and Federal projects.

b. Confirm contractor/consultant has documentation that proves apprentices and trainees are registered with an approved apprenticeship program, per State and

Federal regulations.

c. Review the ratio of apprentices/trainees that are working on the projects for conformance with regulations.

d. Review and confirm California Apprentice Council (CAC) contributions.

Pre-Bid/Pre-Construction/Job “Kickoff” Meetings

Pre-construction meetings are held either remotely or on-site and pre-construction packets must be pre-approved by the City. The Consultant shall:

a. Conduct meetings on behalf of the City to present local, State and Federal labor compliance requirements to the contractor and subcontractor(s).

b. Provide a copy of “Labor Compliance Packet” to the contractor/consultant prior to the meeting.

c. Obtain signature of the contractor/consultant on the pre-construction checklist

(contractor will upload signed checklist into LCPtracker©).

d. Share their screen (required) to present the pre-construction packet for virtual pre-construction meetings. The contractor/consultant must be able to view the packet while the Labor Compliance Consultant is presenting.

Disadvantaged Business Enterprises (DBE)

The City is both a direct recipient and sub-recipient of Federal Department of

Transportation funds. Consultant(s) shall assign a DBE goal to applicable procurements, review proposals for responsiveness, and monitor contracts for DBE Utilization in accordance with Title 49 CFR Part 26 and all other applicable DBE regulations. The

Consultant(s) shall:

a. Set and monitor Caltrans DBE goals.

b. Review proposals for goal attainment for Good Faith Efforts (GFEs).

c. Collect and review monthly DBE Utilization Reports submitted by prime contractors/consultants.

d. Track DBE utilization throughout the life of the contract.

e. Follow up with contractors and/or the City’s Project Management/Construction

Management staff regarding delinquent/inadequate DBE Utilization Reports and/or under-utilization of DBEs.

f. Verify payments made to DBEs and ensure that the Prime Contractor and subcontractors are in compliance with the Prompt Payment Provisions.

g. Notify City immediately if contractor/consultant is willfully non-compliant with

DBE utilization requirements and/or DBE Utilization Report submittal requirements.

h. Work with the City’s Project Managers/Construction Managers staff to evaluate

DBE subcontractor substitution requests; evaluate GFEs submitted as proof of contractor’s attempt to substitute a DBE with another DBE.

i. Review final report of DBE utilization submitted by prime contractor at contract closeout; record and report final DBE attainment percentage.

j. Complete the Exhibit 9-D “DBE Contract Goal Methodology” from the Local

Assistance Procedures Manual (LAPM) for federally-funded construction projects.

U.S. Department of Transportation (USDOT)/Federal Aviation Administration (FAA)

The City receives federal financial assistance from the U.S. Department of Transportation

(USDOT), Federal Aviation Administration (FAA). As a condition of receiving these funds, the City has signed an assurance that it will comply with federal regulations, including:

1. Disadvantaged Business Enterprise (DBE) Program

a. The City has established a DBE program in accordance with the Code of Federal

Regulations 49 Part 26.

b. The purpose of this program is to provide for the inclusion of certified DOT DBE minority and women owned small businesses on federally funded contracts for construction and professional services.

2. Airport Concession Disadvantaged Business Enterprise (ACDBE) Program

a. The City has established an ACDBE program in accordance with the Code of Federal

Regulations 49 Part 23.

b. The purpose of this program is to provide for the inclusion of certified DOT ACDBE minority and women owned small businesses on airport concession contracts, including but not limited to food and beverage services, news/gifts, and rental cars.

Scope of Services:

Consultant(s) shall be responsible for ensuring coordination with applicable City staff and perform all work in a timely manner so that the City remains in accordance with applicable federal and state laws and regulations. Services that might be required shall include, but not limited to:

1. Airport Concessions Disadvantaged Business Enterprise (ACDBE)

• Preparing the annual ACDBE uniform report

• Performing annual ACDBE shortfall analysis (if needed)

• Uploading and submitting the annual ACDBE uniform report to FAA Connect

• Assist with Goal Development and preparing FAA Triennial Overall ACDBE Goal

• Consult on the ACDBE Triennial Goal Methodology

• Reviewing and updating the ACDBE program plan document

• Miscellaneous ACDBE program support

2. Airport DBE

• Reviewing and updating solicitation language

• Participating in and preparing DBE materials for pre-bid and pre-proposal meetings

• Review DBE forms and DBE qualifications

• Conducting outreach to DBE community

• Preparing monthly DBE reports

• Monitoring monthly DBE participation

• Performing Commercially Useful Function (CUF) site interviews

• Preparing annual DBE uniform report

• Performing DBE shortfall analysis (if needed)

• Uploading and submitting the annual DBE uniform report to FAA Connect

• Assist with Goal Development and preparing FAA Triennial Overall DBE Goal

• Consult on the DBE Triennial Goal Methodology

• Reviewing and updating DBE program plan document

• Miscellaneous DBE program support

Long Beach Small Business Enterprise (LBSBE) Goal Setting/Monitoring

The City adopted a Small Business Enterprise (SBE), Very Small Business Enterprise

(VSBE) and Local Small Business Enterprise (LSBE) Ordinance (hereafter referred to as

“SBE Program”) in June 2011 (ORD-11-0010) to encourage more small businesses to participate in City procurements. To assist the City adhere to this ordinance, the

Consultant shall:

a. Calculate and monitor Long Beach Small Business Enterprise (LBSBE) goals for procurements (as applicable) to City Labor Compliance staff, and review proposals for goal attainment or GFEs.

b. Review Monthly Project Specific Status Report / Discrepancy Report of all pending issues and the status of those issues, to City Labor Compliance staff, Project

Management/Construction Management team, and Prime Contractor, in a format specified by the City.

c. Review Final Reports & make recommendations to the City where contractors did not meet the set goal.

Davis Bacon/HUD Section 3 Monitoring

The Consultant shall:

a. Provide all labor compliance services for administering, monitoring, and enforcing labor standards provisions as required for HUD-funded projects.

b. Provide all related Section 3 forms to the contractor.

c. Compile Section 3 reports and documentation and review for completeness and

GFEs.

d. Monitor projects to ensure that HUD Section 3 hiring and requirements for the duration of the project adhere to 23 CFR Part 135 and other HUD Section 3 associated regulations.

e. Attend meetings with City staff during audits of the City’s HUD Section 3 program when requested.

f. Stay up to date on Davis Bacon/HUD provisions.

g. Collect documentation from contractor(s) demonstrating their progress toward fulfilling the City’s HUD Section 3 contractual requirements.

Assistance on Request for Public Information/RFIs/Audits

The Consultant shall:

Respond to audit requests for information received from the State of California

Department of Industrial Relations (DIR), the Federal Department of Labor (DOL), City independent auditors and other regulatory authorities.

https://www.longbeach.gov/globalassets/finance/media-library/documents/business-info/compliance/small-business-enterprises/small-business-ordinance

Response to Consulting Requests

The City Labor Compliance Division staff will submit Consultant Request Forms to the

Consultant(s) when new public works projects are identified and the need for a

Consultant arises. The Consultant shall:

a. Submit a project-specific cost proposal that includes a not to exceed dollar amount or fixed price amount (for multi-year, large cost projects) for the duration of the project, as well as the plan for compliance monitoring and oversight for that specific project within 3 business days of notification of the project. The City reserves the right to accept or deny the proposal submitted.

b. Not respond to any requests that originate outside of the Labor Compliance

Division.

Documentation

All labor compliance related recordkeeping and file maintenance shall be the responsibility of the consultant and shall be available to the City at all times. The

Consultant shall:

a. Process and maintain documents for each project.

b. Submit monthly “Discrepancy Reports” for each project. Detail of documentation requested is to be included in the body of the email (and as attachments, if applicable). Larger projects would be exempt from this requirement. Email must include the DIR# for the project.

c. Email the Monthly “Discrepancy Report” to the contractor/consultant, Department’s

Project Manager and a CC to the City’s Labor Compliance Division Staff. At the pre-con meetings, Departments and contractors/subcontractors are to confirm who should be included in the monthly email notices.

d. Document all labor compliance related worker complaints received. All complaints are to be taken seriously and must be investigated with findings documented in the labor compliance file for the project.

e. Investigate the non-compliance and provide suggested enforcement actions appropriate for the specific violation.

Project Close Out

The Consultant shall:

a. Prepare a final close out report for each project stating contractor payroll compliance and conformance to all other labor program requirements. Report is to be emailed to the contractor/vendor, Department (Project Manager) and Labor Compliance

Division staff.

b. All project files uploaded into LCPtracker© shall be submitted to the City electronically after project close out.

Certified Payroll Tracking Software System

Consultant shall use LCPtracker© to track the submittal of all labor compliance forms/documents from each contractor.

As Needed Labor Compliance Consulting

The Consultant shall:

a. Provide guidance to City staff and contractors/consultants with regards to updates or changes in labor laws and recommend modifications to solicitations/contract templates/requirements as needed to maintain compliance.

b. Provide guidance to the City with regard to enforcement actions such as recommendations to withhold or recommendations for reporting to the Division of

Labor Standards Enforcement (DLSE) review.

Technical Support

Consultant shall provide limited as-needed technical support to City staff and contractors as necessary and appropriate with regards to LCPtracker© and DIR’s eCPR system.

Invoicing

Frequency:

Consultant shall invoice each project individually, on a monthly basis. Invoice shall be submitted by the tenth (10th) of the month and include a breakdown of employee positions, names, rates, and hours worked. A detailed summary of labor compliance activities shall be included as supporting documentation for the hours stated. If requested by the City, Consultant shall present additional documentation evidencing the provision of services satisfactory to the City. The City agrees to approve or disapprove

Consultant’s invoice and/or additional documentation, as the case may be, within ten (10) days after the City’s receipt of the invoice and/or additional documentation.

Invoice Details:

Invoices shall include the project name and number, Purchase Order number, “not to exceed” amount stated on the cost proposal, cumulative amount charged to date for the project, and the monthly amount being charged for that invoice.

Final Invoice:

Final invoice for a project shall be marked “Final Invoice”.

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 Consultants 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. Response time for submitting requests for consulting services

Consultant Request

Forms returned to

City in a timely manner.

Response within 3 business days

Submittal of proposals via email

2. Total number of

Withhold Notice

Recommendations

Withhold

Recommendation

Notice Sent to City

If vendor has not provided documents by the requested date in the discrepancy notice (per the City’s

Labor Compliance

Withhold

Guidelines), Labor

Compliance

Consultant(s) recommendation for withhold should be emailed to the

Labor Compliance

Division. Consultant shall report total number of withhold recommendations submitted on a monthly basis.

Data will be included in consultant’s quarterly reports submitted to the

Labor Compliance

Division.

3. On Site Interviews On Site Interviews

Performed

Total number of on-site interviews performed per month. Canceled interviews due to

“no-shows” must also be included.

Data will be included in consultant’s quarterly reports submitted to the

Labor Compliance

Division.

2.2.2 Contract Management

The Labor Compliance Division will leverage the expertise of selected Consultants to provide Labor Compliance support on various projects. To accomplish this, the Consultant must be available for in-person meetings as required by the tasks assigned, teleconferencing, and willingness to participate in events that may take place on nights and weekends (infrequently for certain tasks).

The City will require quarterly check-in meetings with Consultants. Consultant is to advise

City staff of any on-going issues, communication issues with Department or contractors, change in their staffing, incorrect or outdated construction schedules provided by contractor, etc.

All written correspondence should be emailed to laborcompliance@longbeach.gov

The primary contact for this contract will be the City’s Labor Compliance Officer.

Consultant is to designate a point of contact for the City.

The Consultant is to provide the data from the section above (Performance Metrics) at

Quarterly meetings.

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.

3 How We Choose

3.1 Minimum Qualifications

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

• Previous experience providing labor compliance support to a government agency

• Must have a business license and be qualified to conduct business in the City

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight mailto:laborcompliance@longbeach.gov

1. Qualifications, Related Experience and References

• Demonstrated competence

• Experience in performance of comparable engagements

• Conformance with the terms of this RFP

• Knowledge of Federal and State Labor Law

30%

2. Proposed Staffing and Project Organization

• Expertise and availability of key personnel 30%

3. Communications & Reporting

• Ability to communicate with City staff

• Ability to communicate with City vendors

20%

4. Reasonableness of Cost 20%

Short-listed firms will be invited to an oral interview. Presenters will be expected to participate in the interview to a degree commensurate with their role in the firm’s proposal.

Notification of the short-listed firms will include a time limit for their presentation after which the selection panel will evaluate each presentation using a 100-point scale and the evaluation criteria to calculate an “oral-interview score” for each firm interviewed.

Oral Proposal Evaluation Criteria

CRITERIA Weight

1. Clear understanding of federal and state prevailing wage requirements 25 points

2. Presentation of Pre-Construction Meeting 50 points

3. Oral communication and interpersonal skills 25 points

Total Possible Score 100 points

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 for all purchases funded in full or a fraction thereof by any tidelands fund, by any grant funds, nor by any funds received from the State of California.

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date October

28, 2024

Optional Virtual Pre-

Proposal Meeting

10:00 AM

(PST),

November

14, 2024

• Meeting will be conducted virtually

• Join Microsoft Teams Meeting

• Join the meeting now

Meeting ID: 222 173 059 024 Passcode: hciX8q

• Dial in by phone

+1 213-279-1690,,392708739# United States, Los Angeles Find a local number Phone conference ID: 392 708 739#

Questions due to the

City

11:00 AM

(PST),

November

21, 2024

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

Posting of the Q&A December

5, 2024

• Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00 AM

(PST),

January 7,

• 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 stamp https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzYwMzc1NmMtZmMxNS00OWQ2LWE2YzMtNzk5NGMzZjUwZjUx%40thread.v2/0?context=%7b%22Tid%22%3a%22313f11c3-4268-4f6a-8d3b-c7e650183e78%22%2c%22Oid%22%3a%221266df0f-c5ec-400c-9438-ba92ea0cb02a%22%7d tel:+12132791690,,392708739 https://dialin.teams.microsoft.com/9592d373-70e6-4426-b0db-98f05eeab206?id=392708739 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 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

January -

February

• 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 TBD • Short-listed firms will be invited to an oral interview.

• The City may interview or request interviews 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 competing Contractors unless and until an agreement is reached.

Estimated Contract

Execution

TBD

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 file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com mailto:LBPurchasing@longbeach.gov information to effectively meet the City’s needs and be successful in future proposals.

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. The Proposal shall identify the primary contact who will be responsible for providing

Labor Compliance services to the City. Provide a brief overview of the firm and identify local and regional branch offices if any.

Provide a specific organizational chart identifying key project personnel by name, title, work office location, qualifications for each employee and the areas of expertise for which each team member will be responsible for.

☐ Cost Proposal • Costs should be organized for hourly rates. Such hourly rates should be fully burdened or loaded, including full compensation for all overhead and profit. A fee schedule for the tasks involved, broken down per task and hours, along with a schedule of current hourly rates for applicable personnel and any reimbursable expenses. Once a specific project has been identified, the City and the consultant shall negotiate a not-to-exceed fee (or fixed rate) proposal for each project, based on the project’s scope and duration and using the consultant’s proposed hourly rates.

• Billing rates shall include provision for normal office costs, including, but not limited to; office rental, utilities, insurance, cell phone or radio, equipment, normal supplies and materials, in-house reproduction services, and local travel costs.

• Mileage will be reimbursable based on documentation that outlines the miles traveled. Consultant must use current IRS standard mileage guidelines. Reimbursement rates must be annotated and documented in the invoice, it’s at the City’s discretion to approve or deny mileage reimbursements.

https://www.irs.gov/tax-professionals/standard-mileage-rates https://www.irs.gov/tax-professionals/standard-mileage-rates

• Firms that are not located within the Long Beach area must have staff available within a reasonable time frame for on-site meetings, employee interviews or other events as requested by the City.

Sample Pre-construction

Packet

Consultant shall provide a sample Pre-Construction Packet

(for a Federal CDBG Funded project with Section 3

Requirements AND State Funded Project) Example content should include (but is not limited to):

• Project Name

• Prime Contractor

• Subcontractors

• Project Duration

• Contact information

• Project Address

• DIR Project Registration Print Out (from DIR website)

• Certified Payroll Requirements

• Wage Rate (attach sample DIR and Fed wage rate)

• Checklist of Labor Law Requirements (Sample from your firm)

• Certification of Understanding and Authorization

• DAS 140 and 142

• California Apprenticeship Council CAC-2 Training Fund

Contributions Form)

• Sample Certified Payroll (DIR Payroll Reporting Form)

• Contractor Fringe Benefit Statement

• Statement of Compliance

• Statement of Non-Performance

• Authorization for Payroll Deduction

• Training Fund Contributions

• Apprentice Certification

• Final Close Out Report (Sample from your firm)

• On-Site Notices and Poster Requirements

• Section 3 Documents / HUD Forms

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. Equal Benefits Ordinance (EBO) Form

☐ C. 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.

☐ D. W-9

☐ E. Business License

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

☐ G. Certificates of Insurance

☐ 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.

4.3 Narrative Proposal Template

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

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

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 why the organization is

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 who will be involved in providing support to the City of Long Beach?

For each, please include a name, title, and resume 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

Reference 4

Project Manager

Phone Number

Project Description

Reference 5

Project Manager

Phone Number

Project Description

SUB-CONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

☐ 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

Name

Title

Other Point of

Contact (if required)

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?

Please describe why the organization is

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?

Who are the key staff who will be involved in providing support to the City of Long Beach?

For each, please include a name, title, and resume description.

Method of Approach

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

2. Describe your organization’s approach to ensure adequate staffing to respond requests for Labor Compliance support in a timely manner (within 3 business days).

3. Does your organization have experience conducting Labor Compliance support for public agencies? If yes, provide the agency name and dollar amount of contract.

4. Describe what your organization will need from the City to implement the contract successfully

Communications & Reporting

1. How will your organization report its performance to the City and coordinate with the City to meet objectives?

2. Does your organization have an information management system, billing system or equivalent that is accessible by clients to track work orders, invoices, and other reporting?

3. 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.

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, Financial Management, Business Services

Bureau, Labor Compliance Division

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 may 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.

11.

Awarded Consultant

The organization/individual that is awarded a contract with the City of Long Beach, California for the services identified in this RFP.

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

CPR

Certified Payroll Record

Consultant/Firm Organization/individual submitting a proposal in response to this

RFP.

Contractor Organization awarded construction projects subject to compliance monitoring.

Department / Division City of Long Beach, Department of Financial Management, Business Services Bureau

DIR Department of Industrial Relations

DOL Department of Labor

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 Consultant.

HUD

United States Department of Housing and Urban

Development

May Indicates something that is not mandatory but permissible.

Proposer See “Consultant/Firm”.

RFP

Request for Proposals

SBE

Small Business Enterprise

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

Should Indicates something that is recommended but not mandatory. If the Consultant fails to provide recommended information, the City may, at its sole option, ask the

Consultant to provide the information or evaluate the proposal without the information.

Subconsultant Third party not directly employed by the Consultant who will provide services identified in this RFP.

Subcontractor A contractor hired by the awarded contractor on a construction project.

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 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.

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 conclusion of the negotiation process and before final approval by the awarding body unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each 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.

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 modifications and clarifications to the Awarded Contractor’s proposal, and the

Awarded Contractor’s proposal. Specific exceptions to this…