Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 1

City of

Long Beach Request for Proposals RFP - PR-25-554

Lake Water Quality Management

Lake Water Quality Management | RFP - PR-25-554 |

Template v11.30.23 | 1

Overview

Summary

The City of Long Beach (City), Department of Parks, Recreation and Marine (Department) is soliciting proposals from qualified Contractors to provide water quality management of its nine park lakes.

Key Dates

Release Date: February 25, 2025

Mandatory Pre-Proposal Meeting: 12:00 PM (PST), March 4, 2025

Questions Due to the City: 11:00 AM (PST), March 11, Proposals Due: 11:00 AM (PST), April 1, 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

Elisa Landeros rfppurchasing@longbeach.gov

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

mailto:rfppurchasing@longbeach.gov

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 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/

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

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 4

1 The Opportunity

1.1 Project Summary

The City of Long Beach (City), Department of Parks, Recreation and Marine (PRM) is seeking to establish a contract with a qualified contractor to provide Lake Water Quality

Maintenance Services for nine park lakes. The contractor shall be responsible for ensuring the lakes maintain an aesthetically pleasing appearance, as determined by the City, and meet industry-standard water quality targets. The contract will be assessed based on adherence to current industry best management practices. Services shall include inspection, evaluation and treatment of 45.1 acres to maintain healthy, safe, clean, and attractive lake conditions.

1.2 Background

The City of Long Beach offers many services to improve the health and safety of its community for all to live, work and play. The Department of Parks, Recreation and Marine seeks to provide a vibrant park system by which it performs maintenance and stewardship for high-quality parks, facilities, open spaces, and beaches. Part of that responsibility is the management of the lake water systems found in the city parks. Coordination with the City and other outside agencies will be required.

PRM is currently performing lake water quality maintenance with a Lake Management

Company. The current program helps prevent harmful algal blooms, that can be detrimental to both human and animal wildlife.

1.3 Goals

To deliver comprehensive maintenance services to all nine lakes within the City of Long

Beach, ensuring high water quality that supports public safety, enhances wildlife habitats and fosters environmental sustainability in an urban setting.

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 scope of work encompasses the following parameters:

1. Contractor shall furnish all equipment, tools, and labor as required for all services proposed.

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 5

a. Disposal of all lake-related debris is the responsibility of the Contractor. City dumpsters shall not be used for debris disposal.

2. Each lake shall be evaluated and, if needed, treated monthly from October to

February and twice per month from March to September on a regular schedule. This includes evaluating the aeration systems, alum injection systems, and nanobubble injection systems in their entirety. Repair parts for the any of the mentioned systems will be supplied by the City. Any parts which are not supplied by the City will be invoiced at cost plus 10%. All schedules must be approved by the City before work can commence.

3. Contractor shall notify the City Representative via email within 24 hours of observing any abnormal water condition.

https://www.waterboards.ca.gov/water_issues/programs/npdes/pesticides/w eed_control.shtml#currentpermit

4. Contractor shall provide a monthly report to the Grounds Maintenance

Superintendent containing services performed and all materials and quantities

(biologicals, dyes, and chemicals) applied to each lake. A monthly water quality visual assessment shall be included with this report. The report shall be attached to that month’s invoice. If lab testing, (DO, pH, EC, nutrient) was warranted during evaluation, lab results shall be reported as well. If chemical treatments, which require active lake water sampling, were completed, the sample results should be included with this report as well.

5. Additional work may be requested by the City, called Supplemental Work. This work may include aquatic weed removal, aeration system operation, additional labor hours, additional treatments, and / or additional lake inspections. Contractor shall submit pricing for Supplemental Work on the Cost Proposal Sheet in Appendix B.

6. Contractor shall provide a detailed, full-service water quality maintenance plan encompassing the Scope of Work in Section 3, for the following lakes:

a. Coyote Lake (El Dorado East Regional Park)

b. Alamo Lake (El Dorado East Regional Park)

c. North Lake (El Dorado East Regional Park)

d. Horseshoe Lake (El Dorado East Regional Park)

e. Nature Center North Lake (El Dorado East Regional Park)

f. Nature Centre South Lake (El Dorado East Regional Park) https://www.waterboards.ca.gov/water_issues/programs/npdes/pesticides/weed_control.shtml#currentpermit https://www.waterboards.ca.gov/water_issues/programs/npdes/pesticides/weed_control.shtml#currentpermit

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 6

g. Duck Pond (El Dorado West Regional Park)

h. Heartwell Park Lake

i. Scherer Park Lake

7. At a minimum, the proposed maintenance plans must encompass the following services:

a. Inspection of the entire water scape system, including aeration systems, where applicable in the specified intervals;

b. Monitoring of water quality for algae, aquatic weeds, odor and dissolved oxygen in the specified intervals;

c. Water treatments within the following requirements:

i. The City’s NPDES Order No. R4-2014-0024 and NPDES Permit No.

CAS004003;

ii. APAP permits Water Quality Order No. 2013-0002-DWQ, General Permit CAG990005; and Contractor shall list all proposed materials including biological and chemical controls, treatment frequency and gallons, and provide the corresponding Safety Data Sheets (SDS); and Service frequencies described above should be the basis for the treatment schedule. Supplemental treatments intended to be utilized by the contractor should be listed as well.

APPENDICES

Appendix A Lake Information

Appendix B Cost Proposal Sheet

Appendix C Monitoring Requirements

Appendix D NPDES PERMIT NO. CAS004003

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

The table below highlights the targets that will be tracked and reviewed collaboratively with the Awarded Contractor during the contract. This list is an indication of the performance metrics of interest to the City, and is not exhaustive or final. As a part of a response to this

RFP, Proposers may propose additional or alternative performance metrics to be tracked on a regular basis. The final set of performance metrics and frequency of collection will be

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 7 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. Visual Lake

Water Quality

Contractor is to inspect the lake with visual methods on a Biweekly basis

Contact City

Representative after inspections

Contact City

Representative to report observations

2. Lake Water samples

When performing visual inspections take appropriate water samples for lab analysis and

Oxygen levels

Contractor to take water sample per

APAP standards.

Email results to

Grounds Park

Maintenance

Superintendent monthly.

3. Monthly Reports Contractor is to send monthly reports detailing work, treatments, and lake conditions including lab samples

Email report to

Grounds Park

Maintenance

Superintendent monthly.

Email report to

Grounds Park

Maintenance

Superintendent monthly.

2.2.2 Contract Management

Contract will be managed by the Grounds Park Maintenance Superintendent with the

Department of Parks, Recreation, and Marine. Contractor is to work directly with the City representative, designated by the Grounds Park Maintenance Superintendent, in coordination of all maintenance practices that need to take place. Scheduling of all visits are to be coordinated as such. Monthly reports regarding lake treatments done and conditions of are to be submitted to the Grounds Park Maintenance Superintendent.

Any emergency or water conditions that need immediate remedy need to be communicated to the Ground Maintenance Superintendent and City Representative.

Billing will be submitted monthly to PR-AcctPay@longbeach.gov and the Grounds Park

Superintendent.

mailto:PR-AcctPay@longbeach.gov

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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

• Qualification to conduct business in the City Qualification to conduct business in the

City

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

• 5 years experience with Lake Water Management

• Appropriate PCA and QAL Licenses o PCA

▪ Insects, Mites, and Other Invertebrates (A), Plant Pathogens (B), Nematodes (C), Vertebrate Pests (D), Weed Control (E), Defoliation (F), and Plant Growth Regulators (G) o QAL

• Residential, Industrial, and Institutional (A), Landscape Maintenance (B), Right-of-Way

(C), Plant Agriculture (D), Forest (E), Aquatic (F), and Regulatory (G)Certified Lake

Water Manager Certificate from the North American Lake Management Society

(NALMS)

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

1. Organizational Capacity & Experience

• Experience with Lake Water Quality Management

• Experience with Fishing lakes

• Certifications and licenses pertaining to lake management

30%

2. Method of Approach

• Certified Lake Manager

• Proposed lake management philosophy

• Ability to manage bulrush and tules.

• Proposed products to be used.

40%

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• Experience with nanobubble technology

• Experience with alum injection systems

3. Communications & Reporting

• Weekly communications on current lake conditions

• Monthly reports on treatments and lake conditions including lab results of lake water sample.

• Monthly invoicing

20%

4. Reasonableness of Cost 10%

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 February

25, 2025

Pre-proposal Meeting

(Mandatory)

12:00 PM

(PST)

March 4,

• Microsoft Teams: Join the meeting now

• Meeting ID: 227 119 554 955

• Passcode: eR3Pb2Yi

• Dial in by phone:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTU0ZTdjM2ItNjhhNC00ZTkyLWEwZTEtNTgxNzI4N2JlZDNm%40thread.v2/0?context=%7b%22Tid%22%3a%22313f11c3-4268-4f6a-8d3b-c7e650183e78%22%2c%22Oid%22%3a%226d32bb13-e788-431f-9dec-9081606c900d%22%7d

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 10

• +1 213-279-1690, 759630089# United States, Los Angeles

• Phone conference ID: 759 630 089#

• Objective of the meeting:

o Provide a general overview and explain the scope of services.

o Allow for unofficial general questions and answers. Answers will be issued to all prospective Proposers via an addendum only to written questions received by the deadline for questions.

Questions due to the

City

11:00 AM

11:00 AM

(PST)

March 11,

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

Posting of the Q&A March 18,

• Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00 AM

(PST)

April 1,

• 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

TBD • An Evaluation Committee will review Narrative

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

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

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 11

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

Interviews/ Demos/

Site Visits

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

Negotiation &

Contractor Selection

TBD • Selected Contractor(s) will be notified in writing.

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

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

☐ Cost Proposal The Cost Proposal should be provided using

• Itemization: Proposers itemize based on the lake that was worked on, the equipment, tools, labor and treatment products, as well as supplemental work. Time Period:

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 12

Costs are broken down annually with the exception of supplemental work, which will be broken down by individually.

• Format: Proposers will submit in Excel format using the template in Appendix B.

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

D. Proof of Registration with the California Department of Industrial Relations

E. Appropriate PCA and QAL Licenses

F. NALMS Certified Lake Manager

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.

☐ G. W-9

☐ H. Business License

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

☐ J. Certificates of Insurance

☐ K. Faithful Performance Bond

☐ L. Labor and Materials Bond

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

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 13

☐ 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

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 14

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 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

Project Description

Reference 4

Project Manager

Phone Number

Project Description

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 15

Reference 5

Company

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:

☐ Limited Liability Company

☐ Other _________________________________

Which specific requirements of this RFP will the subcontractor perform?

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 16

Is the subcontractor registered with the

California Department of Industrial

Relations? If yes, provide registration number.

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

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

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

Beach?

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

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. Please briefly summarize your proposed solution.

2. Please explain the model for how you will achieve the outcomes of this RFP.

3. Please summarize your proposed work plan with time lines for key milestones.

4. How will your proposal meet the objectives listed in Section 2 of this RFP?

5. For any risks or challenges that have been identified in the RFP, explain how your proposal will address these challenges.

6. Please outline what you will need from the City in order to implement the project.

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 17

Communications & Reporting

1. Please briefly describe any key performance indicators and project monitoring guidelines you will be using to ensure the project meets the requirements of this

RFP.

2. Please explain how employees responsible for front-line service delivery will be supervised.

3. Please explain how they will report on performance to the City and coordinate with the City to meet the objectives of the RFP.

4. 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.

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 18

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, Parks, Recreation and Marine

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. PCA Certificate: Pest Control Adviser Certificate

12. QAL Certificate: Quality Applicators License

13. DO Test: Dissolved Oxygen Test

14. pH Test: test for alkalinity levels in the water

15. EC Test: Electrical Conductivity Test

16. NPDES: National Pollutant Discharge System

17. APAP: Aquatic Pesticide Application Plan

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 19

18. SDS: Safety Data Sheets

19. NALMS: North American Lake Management Society

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

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 20 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

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 21 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 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

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

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

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

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

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

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

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

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

32. Proposals shall be kept confidential through the negotiation process.

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

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

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

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

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

35. Independent contractors or employees of a third-party employer who are CalPERS retirees are subject to provisions of the Government Code. A CalPERS retiree is an employee of a CalPERS employer who terminates active employment and receives a monthly CalPERS retirement allowance. Any individual qualifying as a CalPERS retiree doing business as an independent contractor or employee of a third- party employer is required to submit a CalPERS determination to ensure the services provided are considered that of a true independent contractor position. All third-party employers are required to notify any individual they are having work for the

City of Long Beach of this requirement. You may reach out directly to CalPERS at membership_reporting@calpers.ca.gov for a determination.

5.3 Contract Terms & Conditions

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

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

2. The Awarded Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Work on the contract shall not begin until after the Awarded Contractor has submitted acceptable evidence of the required insurance coverages. As a condition precedent to the effectiveness of this contract, Contractor shall procure and maintain at Contractor’s expense for the duration of this contract from an insurance company that is admitted to write insurance in the mailto:membership_reporting@calpers.ca.gov

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State of California or that has a rating of or equivalent to an A:VIII by A.M. Best and

Company the following insurance:

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

00 01 10 93 naming the City of Long Beach and its officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO

CG 20 10 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of activities or work performed by or on behalf of the

Contractor in an amount not less than One Million Dollars (US $1,000,000) per occurrence and Two Million Dollars (US $2,000,000) in general aggregate. Such insurance shall not exclude coverage for liability resulting from cross liability protection or from sudden and accidental pollution.

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

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

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

Any self-insurance program or self-insurance retention must be approved separately in writing by City and shall protect the City of Long Beach and its officials, employees, and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention provisions. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice to City, and shall be primary and not contributing to any other insurance or self-insurance maintained by City.

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

Contractor shall deliver to City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of

Lake Water Quality Management | RFP - PR-25-554 | Template v11.30.23 | 25 performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. “Claims-made” policies are not acceptable unless

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

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

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

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

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

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

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

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

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12. 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 2024-2 prevailing wage rate, as determined by the Director of the Department of Industrial Relations for the

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

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

13. 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.

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

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14. 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.