Modular Non-Congregate Shelter Units| RFP HE-22-158 | Template v8.12.22 | 1

City of

Long Beach Request for Proposals Number HE-22-158

Modular Non-Congregate Shelter Units

Modular Non-Congregate Shelter Units| RFP HE-22-158 |

Template v8.12.22 | 2

Overview

Summary

The City of Long Beach (City) is seeking proposals from qualified manufacturers for the design, manufacture, delivery, and installation of 30-35 modular non-congregate shelter units to safely house people experiencing homelessness (PEH).

These units are intended for use as interim or temporary housing. Shelter units must be delivered and installed by July 2023 at the latest.

Key Dates

Release Date: October 20, 2022

Optional Pre-Proposal Meeting: 1:00 PM

November 1, 2022

Questions Due to the City: 11:00AM November 9, Proposals Due: 11:00AM November 23, 2022

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

Tommy Ryan rfppurchasing@longbeach.gov

All communication with the City related to this

RFP must be directed to the contact listed above.

mailto:rfppurchasing@longbeach.gov

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Contents

1 The Opportunity

1.1 Project Summary

1.2 Background

1.3 Goals

1.4 Award Terms

2 Scope of Work

2.1 Description of Services

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

2.2.2 Contract Management

2.2.3 Contract Payment

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

4 Proposal Instructions & Content

4.1 Timelines & Instructions

4.2 Proposal Content

4.3 Narrative Proposal Template

5 Terms & Conditions

5.1 Acronyms/Definitions

5.2 Solicitation Terms & Conditions

5.3 Contract Terms & Conditions

5.4 Protest Procedures

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1 The Opportunity

1.1 Project Summary

The City is seeking proposals from qualified manufacturers for the design, manufacture, delivery, and installation of 30-35 modular non-congregate shelter units to safely house

PEH at the Long Beach Multi-Service Center (MSC), located at 1301 W 12th Street, Long

Beach, CA 90813. These units are intended for use as interim or temporary housing.

Shelter units must be delivered and installed by July 2023 at the latest. The City’s goal is to expand the inventory of interim housing opportunities for PEH. Qualified manufacturers must have demonstrated experience with successful, high-quality projects using small alternative structures for either temporary or permanent housing.

1.2 Background

On February 24, 2022, Long Beach Point in Time Count identified 3,296 PEH on the streets, in emergency shelters, or transitional housing. Of these, 1,801 people were experiencing unsheltered homelessness, and 1,282 individuals and adults in families were identified as experiencing chronic homelessness. Hundreds of individuals and families visit the MSC, the City’s homeless services access center, each month to enroll in the Coordinated

Entry System for referrals to services and housing solutions. However, connections to permanent housing solutions often take several weeks or months, so low-barrier interim housing options are necessary to stabilize individuals as they work towards securing permanent housing placement. The City currently utilizes several congregate and non-congregate shelter facilities, as well as motel vouchers, to meet this need, but additional units are needed.

To alleviate this issue, the City seeks to develop and operate 30-35 modular non-congregate shelter units in a designated area of the parking lot of the MSC, which would be available for adults and transition aged youth experiencing homelessness.

Participants would access case management and other supportive services on-site through the MSC with the goal of successful permanent housing placement.

1.3 Goals

The goal of this RFP is to deliver high quality, single occupancy shelter units that meet

City requirements, ensure safe, dignified, and healthy living conditions, and enable PEH access to low-barrier, temporary housing and linkages to supportive services.

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 alignment with the Long Beach Recovery Act, the City has allocated federal recovery funds and California state grant funds through the Department of Housing and

Community Development to support the manufacturing and delivery of the modular

Modular Non-Congregate Shelter Units| RFP HE-22-158 | Template v8.12.22 | 5 shelters. The budget for this project is open-ended, with the City reviewing for cost effectiveness and feasibility during the evaluation process.

2 Scope of Work

2.1 Description of Services

The Awarded Contractor shall design, manufacture, deliver and install modular non-congregate shelter units that meet the below requirements. Once selected, the

Awarded Contractor shall collaborate with City staff to coordinate the design, specifications, and point of connection of all utilities and services for the appropriate shelter units that meet the needs of the specified location

Each shelter unit must be single occupancy and include:

• At least one (1) lockable window

• One bed

• Adequate storage space

• One bathroom, including a sink, toilet, and shower connected to existing water and sewage utilities. Floor drains should be positioned in center of the bathroom and shower for cleaning.

• Adequate ventilation and insulation

• Heating, ventilation, and air conditioning (HVAC) unit

• Adequate lighting and electricity, connected to existing power grid

• Appropriate fire suppression and smoke detectors

• Vandal resistant plumbing fixtures and accessories

• Antimicrobial materials

• Waste receptacle within or at convenient exterior locations

At least four of the shelter units must be ADA-accessible. Shelter units must meet all applicable Building and Safety codes and be approved by the City and appropriate local jurisdictions. Shelter units must be manufactured, delivered, and installed in full working condition by July 2023.

Desirable modular shelter unit designs and proposals should demonstrate:

• Maximization of number of units and usable living space for the specified location

• Sturdiness and durability of materials

• Ease of cleaning, sanitation, and turnover between residents

• Ease of transport and relocation

• Ease of maintenance, such as access to plumbing and lighting fixtures with minimum disturbance to residents

• Sustainability of materials and design

• Ability to provide Wi-Fi access for residents

• Customization of mechanical, electoral, and plumbing (MEP) hookup location

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• Option to design unit raised with plenum below

• Increase Warranty length for critical elements

• Demonstrated ability to rapidly manufacture, deploy, and install shelter units

• Certification by the State of California Housing & Community Development (HCD) for installation and habitation

While not required, proposers should list any ability to provide site improvements, such as bicycle racks, security cameras, solar lighting, common area amenities, or landscaping.

During the design process, the Awarded Contractor shall work with the City to develop a site plan, identifying necessary site improvements and proper hook-ups to water, sewer, and power. Once finalized, the City will utilize its staff and job order contractors to conduct necessary site improvements and construction in preparation for delivery, including foundation, fencing, landscaping, lighting, or other site improvements, as well as providing water, sewer, and power to the point of connection specified and as required by local code.

The Awarded Contractor shall partner with the City to customize the proposed modular shelter unit design to ensure appropriateness for the location and that all necessary site improvements are made prior to delivery and installation.

The Awarded Contractor shall coordinate with the City for timely delivery and installation of the modular units. The Awarded Contractor shall coordinate delivery issues such as schedule, equipment, overhead wires, trees, tree roots, or existing grade changes within the project site that may impact the path of travel for installation of the modular units from the public way to the final building site. The installation process will involve the erection of modular units and connection of water, sewer, and power to each unit and commence immediately after delivery. The Awarded Vendor shall implement a rigorous testing and adjustment process for each unit, ensuring the repair or replacement of any damaged or malfunctioning hardware, fixtures, equipment, or controls.

The Awarded Contractor shall provide a warranty of at least one (1) year from date of acceptance, guaranteeing work will be done in accordance with requirements of contract and remain free of defects in workmanship and materials. Longer warranty periods are also desirable.

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

Modular Non-Congregate Shelter Units| RFP HE-22-158 | Template v8.12.22 | 7 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. Delivery of the project within the defined timeframe

Successful design, manufacture, delivery, and installation of the

30-35 non-congregate modular shelter units by July 2023.

July 2023 Consistent communication of progress between

City Staff and designated point of contact

2.2.2 Contract Management

The Awarded Contractor shall work with the City to create a project timeline with milestones leading to the successful delivery of the project by July 2023, including contingency. The Awarded Contractor shall designate a point of contact to regularly communicate with the City’s project manager to ensure all milestones are met for timely and efficient delivery of the modular shelter units.

2.2.3 Contract Payment

The City 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

Proposers must demonstrate their ability to meet the following minimum qualifications to be eligible:

• The applicant, its officers, and employees are not currently debarred or suspended from doing business with the Federal Government, State of California, or a local government

• Applicant must be qualified to conduct business in the City

• Experience delivering at least one (1) project of similar scope to a government or social service agency

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• Current capacity to deliver 30-35 modular shelter units within the specified timeframe.

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA

1. Organizational Capacity & Experience

• Demonstrated fulfillment of minimum qualifications described in Section 3.1

• Experience in the delivery of similar projects

• Evidence of financial capability to deliver the specified project

2. Method of Approach

• The extent to which proposed shelter units meet the requirements and desirable characteristics in Section 2.1

• Demonstrated success of the proposed shelter units in similar locations or situations

• Ability to meet required timelines and deadlines

3. Reasonableness of Cost

• Feasibility and cost-effectiveness of proposed budget

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date Oct 20, Optional Pre-Proposal

Meeting

1:00 PM

Nov 1,

• Hosted virtually via Zoom meeting.

https://longbeach-gov.zoom.us/j/96348457692?pwd=TVFyRHc0T

XRQWlkxWFlycjZBa2NmUT09

• Meeting ID: 963 4845 7692

• Passcode: 583783

• RSVP via the Questions tab in the Solicitation on LongBeachBuys.com.

Questions due to the

City

11:00AM

Nov 9,

• Submit all inquiries via email to rfppurchasing@longbeach.gov https://longbeach-gov.zoom.us/j/96348457692?pwd=TVFyRHc0TXRQWlkxWFlycjZBa2NmUT09 https://longbeach-gov.zoom.us/j/96348457692?pwd=TVFyRHc0TXRQWlkxWFlycjZBa2NmUT09 https://longbeach-gov.zoom.us/j/96348457692?pwd=TVFyRHc0TXRQWlkxWFlycjZBa2NmUT09 mailto:rfppurchasing@longbeach.gov

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Posting of the Q&A Nov 16,

• Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00AM

Nov 23,

• 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 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

Nov 2022

– Dec

• An Evaluation Committee will review

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

City.

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

Negotiation &

Contractor Selection

Dec 2022 • 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

Jan 2023 file:///C:/Users/casinoh/Downloads/LongBeachBuys.com mailto:LBPurchasing@longbeach.gov

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Proposer Debrief After

Contracto r 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.

4.2 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 in

Section 4.3. Proposers are encouraged to include any spec sheets, promotional materials, collateral, or designs of existing products that demonstrate the qualifications of their proposed solution.

☐ Cost Proposal A cost proposal listing the total and per-unit cost, as well as any other anticipated costs and fees associated with the design, manufacture, delivery, and installation of the units.

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

☐ Case Studies

(Optional)

Proposers are encouraged to include examples demonstrating previous experience successfully delivering a similar project(s).

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. Proof of registration with the California Department of Industrial Relations

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☐ D. Current Contractor’s State License Board print out

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.

☐ E. W-9

☐ F. Business License

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

☐ H. Certificates of Insurance

☐ I. Faithful Performance Bond

☐ J. Labor and Materials Bond

☐ 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

An editable version of the template below has been posted to Long Beach Buys.

Proposers should complete the editable template and submit it as their narrative proposal.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Federal Tax ID Number

DIR 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

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☐ 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 include any relevant examples of previous comparable projects.

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 in total and residing in

Long Beach?

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

Who are the key staff involved in the project? For each, please a name, title, and resume either as an attachment or 1 paragraph description.

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2

Company

Project Manager

Phone Number

Project Description

Reference 3

Project Manager

Phone Number

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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

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

Modular Non-Congregate Shelter Units| RFP HE-22-158 | Template v8.12.22 | 14

☐ Limited Liability Company

☐ Other

Which specific requirements of this RFP will the subcontractor perform?

Is the subcontractor registered with the

California Department of Industrial

Relations? If yes, provide registration number.

Please describe why the 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?

Who are 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. Describe your proposed shelter unit design and demonstrate its ability to meet the minimum qualifications listed in Section 2.1. This could be in narrative or table form.

2. Describe how your proposed shelter unit design meets any desirable qualifications listed in Section 2.1. This could be in narrative or table form.

3. Describe the proposed timeline with key milestones for delivering shelter units to the City, including design, manufacture, and delivery times.

Communications & Reporting

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1. Describe how your organization will collaborate with the City to develop shelter units appropriate and effective for the specific location and use-case.

2. 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, Department of Health and human

Services/Homeless Services Bureau

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.

5.2 Solicitation Terms & Conditions

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

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

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.

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12. Proposals must include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements and the 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. 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.

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

Modular Non-Congregate Shelter Units| RFP HE-22-158 | Template v8.12.22 | 18 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.

22. 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.

23. 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.

24. 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.

25. 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.

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

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

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

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

30. 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.

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

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

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.

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.

5.3 Contract Terms & Conditions

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

Contractor shall not be relieved for the non-performance of any or all subcontractors.

2. The Awarded Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Work on the contract shall not begin until after the Awarded Contractor has submitted acceptable evidence of the required insurance coverages. As a condition precedent to the effectiveness of this

Contract, Contractor shall procure and maintain at Contractor’s expense for the duration of this Contract from an insurance company that is admitted to write insurance in the State of California or that has a rating of or equivalent to an A:VIII by A.M. Best and Company the following required 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

Modular Non-Congregate Shelter Units| RFP HE-22-158 | Template v8.12.22 | 20 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 work or activities performed by or on behalf of the Contractor in an amount not less than One Million

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

$2,000,000) in general aggregate. Such insurance shall not exclude the perils of explosion, collapse, or underground (XCU).

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 officials, employees, and agents.

c. Commercial automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06 92 in an amount not less than Five Hundred Thousand

Dollars (US $500,000) 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.

Any subcontractors which Contractor may use in the performance of this

Contract shall be required to indemnify the City to the same extent as the

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

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

City Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. 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 Contract. City reserves the right to require

Modular Non-Congregate Shelter Units| RFP HE-22-158 | Template v8.12.22 | 21 complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval of City Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this

Contract.

3. The Long Beach Municipal Code (LBMC) requires all businesses operating in the

City of Long Beach to pay a business license tax. In some cases, the City may require a regulatory permit and/or evidence of a State or Federal license. Prior to issuing a business license, certain business types will require the business license application and/or business location to be reviewed by the Development

Services, Fire, Health, and/or Police Departments. Additional information is available at www.longbeach.gov/finance/business_license.

4. All work performed in connection with construction shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of Sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. Awarded Contractor shall complete all forms required by the City ot its funding sources during the course of the Project.

5. Awarded Contractor shall indemnify, protect and hold harmless City, its Boards, Commissions, and their officials, employees and agents (“Indemnified Parties”), from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, including attorneys’ fees, court costs, expert and witness fees, and other costs and fees of litigation, arising or alleged to have arisen, in whole or in part, out of or in connection with (1) Awarded Contractor’s breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the Awarded Contractor’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor

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

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

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

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

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

Contractor’s costs of defense and indemnity shall be (1) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified

Parties.

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

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

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

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

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

Contract.

12. PUBLIC WORKS OF IMPROVEMENT ONLY: Contractor agrees that all public work

(as defined in California Labor Code Section 1720) performed pursuant to this

Agreement (the “Public Work”), if any, shall comply with the requirements of

California Labor Code Sections 1770 et seq. If there is a difference between the general prevailing wage rates determined by the director of the Department of

Industrial Relations and the applicable minimum wage rates determined by the

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

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13. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: “It shall be mandatory for the contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The awarded contractor expressly agrees to comply with the penalty provisions of California Labor Code Section 1776

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

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

Relations of the State of California the general prevailing rate of per diem wages, and the general prevailing rate of holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type of workers needed to perform the Work. Copies of prevailing rate of per diem wages are on file in the office of the City Engineer, 5th floor, City Hall, 411 West

Ocean Boulevard, Long Beach, California 90802, and shall be made available upon request. Copies may also be obtained on the California Department of

Industrial Relations website http://www.dir.ca.gov/dlsr. This project will be subject the R-23-31-2-2021-1 prevailing wage rate, as determined by the Director of the

Department of Industrial Relations for the State of California. The Contractor to whom the Contract is awarded, and its subcontractors is directed to pay not less than the general rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. Contractor is required to post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Contractors are required to pay at least the California minimum wage for the basic hourly rate in all cases where the published prevailing wage rate is below the California minimum wage. Any and all employer payments required by the prevailing wage determinations must also be paid. If the California minimum wage is increased in the future to an amount above that shown in the prevailing wage determination, the basic hourly rate in that determination automatically increases to the new minimum wage.

15. FEDERAL DAVIS BACON REQUIREMENTS : Federal-aid Work is subject to the requirements of the Davis Bacon Act. The contractor to whom the contract is awarded must comply with the Federal Wage Decision contained in Division E of the Specifications and all record keeping requirements of the Davis Bacon Act.

http://www.dir.ca.gov/dlsr

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The Federal Wage Rate associated with this procurement is CA20220017MOD16.

This wage rate will be verified 10 days prior to bids due, at which time an addendum will be posted with the newly applicable rate. In the event the contract is not executed within 90 days of bid opening, it is understood that an updated rate will be applied at time of contact signing, per 29 CFR 1.6(3), at which time the contractor will be notified and provided the new rate with the copy of the fully executed contract.

16. DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) COMPLIANCE: This project is subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5

[with limited exceptions from this requirement for bid purposes only under Labor

Code Section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to

Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the

Department of Industrial Relations.

17. CERTIFIED PAYROLL SUBMISSION TO THE CITY OF LONG BEACH: 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, 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.

18. Each contractor and every subcontractor and supplier shall be required to submit certified payrolls and labor compliance documentation electronically at the discretion of and the manner specified by the City of Long Beach. Electronic submittal will be a web-based system, accessed on the World Wide Web by a web browser. Each contractor and subcontractor will be given a Log On identification and password to access the City of Long Beach reporting

Modular Non-Congregate Shelter Units| RFP HE-22-158 | Template v8.12.22 | 25 system. The foregoing is in addition to, and not in lieu of, any other requirements or obligations established and imposed by any department of the City with regard to submission and retention of certified payroll records for Contractor and subcontractors.

19. 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. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. This contract is also subject to federal Davis-Bacon apprenticeship requirements. Prospective bidders should refer to the Federal

Davis Bacon Contract Provisions and Related Matters (29 CFR § 5.5) in Appendix

E.

20. PENALTIES: Contractor and subcontractors are subject to penalties, including, but not limited to, under Labor Code §§ 1775, 1776, 1777.7 and 1813, for failure to comply with Labor Code § 1720 et seq. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1776.

21. PROJECT LABOR AGREEMENT (PLA): This Work is covered by a Citywide Project

Labor Agreement (PLA) entered into by the City of Long Beach with the Los

Angeles/Orange Counties Building and Construction Trades Council and the signatory Craft Unions. The PLA establishes the labor relations Policies and

Procedures for the City, the Contractor and subcontractors…