RFQ DV-26-677_1.pdf

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Qualification and Selection of Peer Reviewers
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DV-26-677
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California

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RFQ DV-26-667: Qualification and Selection of Peer Reviewers

This is a Request for Qualifications (RFQ) issued by the City of Long Beach, California, Community Development Department to establish a pre-approved list of qualified peer reviewers for independent structural design evaluations. The City seeks qualified professionals categorized as Structural Engineers, Geotechnical Engineers or Engineering Geologists, or Academics in Structural or Earthquake Engineering to serve on Peer Review Panels. Respondents must possess minimum qualifications including a valid California professional license or a Ph.D. in a related field, plus a minimum of 10 years of professional experience. Statements of Qualification are due by 11:00 AM (PST) on August 18, 2026, with questions due by July 21, 2026. The pre-approved list will be valid for two years with options to renew for three additional one-year periods. This is a rolling RFQ, allowing respondents to submit qualifications during designated evaluation periods (Evaluation Period 1: August 18, 2026; Evaluation Period 2 and 3: Fall 2027 and Fall 2028, respectively). The City will not award contracts directly from this RFQ; rather, the pre-approved list will be provided to project applicants for their independent selection of peer reviewers.

No pricing information is applicable to this qualification-based solicitation, as no direct contracts will be awarded. The pre-approved list is available only to individuals, not companies, though multiple employees from a single company may apply independently. Professional or Errors and Omissions liability insurance with minimum limits of $1 million is recommended but not disqualifying. Respondents must demonstrate competence through detailed resumes, professional references, and documentation of relevant experience in structural design, peer review, and academic/research work. All submissions must include proof of California licensure or Ph.D. credentials, a completed Statement of Non-Collusion, and current contact information. The evaluation committee will assess qualifications based on demonstrated competence, professional references, and insurance status. Qualified vendors will be notified in writing, with protest procedures available within five business days of the Notice of Intent to Qualify posting.

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Qualification and Selection of Peer Reviewers | RFQ DV-26-667 | Template v06.17.25 | 1

City of

Request for Qualifications DV-26-667 Qualification and Selection of Peer Reviewers

Qualification and Selection of Peer Reviewers | RFQ DV-26- 667 | Template v06.17.25 | 1

Overview

Summary

The Community Development Department seeks to establish a list of pre-approved Peer Reviewers to serve on Peer Review Panels that will provide independent, objective, and technical evaluations of projects within the City.

Key Dates

Release Date: Tuesday, July 07, 2026

Questions Due to the City: 11:00 AM (PST), Tuesday, July 21, 2026

Statements of Qualification Due: 11:00 AM (PST), Tuesday, August 18, 2026

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

Qualification Information

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

Qualifications must be submitted electronically via LongBeachBuys.com.

Official Contact Keisha Sanker rfppurchasing@longbeach.gov All communication with the City related to this RFQ must be directed to the contact listed above.

Please read this entire document carefully as it contains important information essential to your statement of qualification.

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Contents

1 The Opportunity

1.1 Opportunity Summary

1.2 Background

1.3 Goals

1.4 Award Terms

2 Scope of Work

2.1 Description of Services

3 How We Choose

3.1 Rolling RFQ

3.2 Minimum Qualifications

3.3 Evaluation Criteria

3.4 Insurance

4 Statement of Qualification Instructions & Content

4.1 Timelines & Instructions

4.2 Statement of Qualification Content

4.3 Resume Submittal

5 Terms & Conditions

5.1 Acronyms/Definitions

5.2 Terms & Conditions

5.3 Additional Requirements

5.4 Protest Procedures

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1 The Opportunity

1.1 Opportunity Summary

The City seeks to identify qualified professionals to populate a pre-approved list to serve as Peer Reviewers for future Peer Review Panels. A Peer Reviewer is a registered design professional or academician that has technical expertise in the fields of structural engineering, earthquake engineering research, performance-based earthquake engineering, nonlinear dynamic response analysis, tall building design, earthquake ground motion, geotechnical engineering, and/or geological engineering. The purpose of the Peer Review Panel is to enhance public safety through an independent verification that determines if the design generally conforms to the requirements set forth by the City’s Building Official. The Pre-Approved List will be provided for administrative convenience only. The City will not warrant the specific work product of any individual on this list. The ultimate selection of a Peer Reviewer will remain the responsibility of a project applicant, and the contractual relationship is strictly between a project applicant and Peer Reviewer.

1.2 Background

The City of Long Beach covers approximately 52 square miles on the coast of Southern California. It is the second largest city in Los Angeles County and the seventh largest in the State. Through its various departments, the City works to enrich the community with projects that build on the City’s goals to eliminate blight, balance new development with historic structures and neighborhoods, promote neighborhood improvement, and provide a safe place to live, work, and play

The City is experiencing an increase in development activity, accompanied by evolving structural design practices and building technologies. As projects grow in complexity, there is a growing need for qualified experts who can provide independent technical review to ensure compliance with applicable codes, standards, and design requirements.

A Peer Review Panel (PRP) consists of two or three Peer Reviewers, as determined by the Building Official, to provide an independent and objective technical review of certain aspects of the structural design and analysis of a project.

1.3 Goals

The goal of this solicitation is to establish a pre-qualified list of qualified Peer Reviewers who can provide an independent and objective technical review of certain aspects of the structural and geotechnical designs on an as-needed basis. The Building Official will determine which projects require independent structural design review, and for those projects, a Peer Review Panel will conduct a thorough evaluation of specific aspects of the

Qualification and Selection of Peer Reviewers | RFQ DV-26-667 | Template v06.17.25 | 4 design and analysis. This effort aims to ensure that development projects within the City meet or exceed applicable safety, performance, and compliance standards.

1.4 Award Terms

This Pre-Approved list will be for a period of two years with the option to renew for three additional one-year periods. The City will not award a contract directly from this RFQ. The purpose of this RFQ is only to develop a Pre-Approved List that will be used by project design teams and owners.

In order to reduce the administrative burden, barrier to entry, and loss of resources, particularly for smaller organizations, non-profits, and Community-Based Organizations (CBOs), it is the City’s desire to establish a rolling RFQ such that Respondents will be able to provide a submission to this RFQ for an open period of time. This period will consist of a clear beginning and end date during which time Respondents can submit their qualifications on an ongoing basis. SOQs will be evaluated at designated intervals based on when they were submitted. Qualified Respondents to this RFQ should be aware of the City’s intention to only develop a Pre-Approved List and that there will be an opportunity for additional organizations to respond to the opportunity and be qualified for inclusion on the Pre-Approved List.

2 Scope of Work

2.1 Description of Services

A Peer Reviewer is a registered design professional or academician that has technical expertise in the fields of structural engineering, earthquake engineering research, performance-based earthquake engineering, nonlinear dynamic response analysis, tall building design, earthquake ground motion, geotechnical engineering, and/or geological engineering that determines if the design generally conforms to the requirements set forth by the Building Official. The Evaluation Committee will review resumes and select qualified candidates based on certain categories. Peer Reviewers are categorized into the following subject-specific areas of expertise:

Structural Engineer Geotechnical Engineer or Engineering Geologist Academic in Structural or Earthquake Engineering

Respondents meeting the minimum qualifications established in this RFQ will be added to the pre-approved list of Peer Reviewers (Pre-Approved List). The Pre-Approved List is only for individuals, not companies. If more than one individual from a single company is interested in serving as a Peer Reviewer, each person must independently apply and be

Qualification and Selection of Peer Reviewers | RFQ DV-26-667 | Template v06.17.25 | 5 evaluated to be considered individually on the Pre-Approved List. Individuals are selected from the Pre-Approved List to establish a Peer Review Panel for a project.

When a project is required to have an independent structural design review, the project’s design team and owner will consult with the Building Official to determine the appropriate subject-specific expertise Peer Reviewers required to serve on the Peer Review Panel (PRP).

The design team and owner will select the Peer Reviewers from the Pre-Approved List, obtain concurrence from the Building Official prior to engagement, and enter into contracts with the selected Peer Reviewers. The purpose of this RFQ is solely to develop the Pre- Approved List. All contracts and payments will be between the design team/owners and selected Peer Reviewers.

Interested respondents shall possess expertise in one or more of the relevant fields of structural engineering, earthquake engineering, performance-based earthquake engineering, geotechnical engineering, and/or geological engineering along with personal experience and knowledge pertaining to the following areas:

Nonlinear response history analysis;

Nonlinear dynamic behavior of structures and foundation systems and construction of mathematical models capable of reliable prediction of such behavior using appropriate software tools;

Capacity design principles;

Detailing of elements to resist cyclic inelastic demands, and assessment of element strength, deformation, and deterioration characteristics under cyclic inelastic loading;

Damping and/or isolation systems;

Seismic hazard analysis and selection and scaling of ground motions; and/or Soil-structure interaction

3 How We Choose

3.1 Rolling RFQ

In order to reduce the administrative burden, barrier to entry, and loss of resources, particularly for smaller organizations, non-profits, and CBOs, it is the City’s desire to establish a rolling RFQ such that Respondents will be able to provide a submission to this RFQ for an open period of time. This period will consist of a clear beginning and end date during which time Respondents can submit their qualifications on an ongoing basis. SOQs will be evaluated at designated intervals based on when they were submitted. Qualified Respondents to this RFQ should be aware of the City’s intention and that there will be an opportunity for additional individuals to respond to the opportunity and be qualified.

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3.2 Minimum Qualifications

Respondents shall possess a valid and current license in the State of California related to their field of expertise (e.g., Structural Engineer, Geotechnical Engineer, Engineering Geologist, etc.) or a Doctor of Philosophy degree (PhD) from an accredited university in a related field of study and a professional background (Minimum of 10 years’ experience).

Additionally, Respondents shall also possess:

Qualification to conduct business in the City Not having been debarred by Federal, State or local government

3.3 Evaluation Criteria

Statements of qualification shall be consistently evaluated based upon the following criteria:

CRITERIA Meet Requirements

(Yes/No) Demonstrated Competence through resume Professional background (minimum 10 years of experience) Work history reflects current expertise in the relevant technical fields (such as structural engineering, civil engineering, geotechnical engineering, geological engineering, etc.)

☐ Yes ☐ No

References Professional references from previous projects ☐ Yes ☐ No Maintains Professional or Errors and Omissions Liability insurance with limits of at least $1 million (recommended criteria that is preferred but not disqualifying). If yes, please attach with submission.

☐ Yes ☐ No

Following submission, resumes and references will be evaluated to determine if the Respondent meets the qualifications to be added to the Pre-Approved Peer Review Panel list.

This RFQ is issued solely for information and planning purposes, and it does not constitute a Request for Proposal (RFP) or a promise to issue a solicitation in the future. This RFQ does not commit the City to any contract whatsoever.

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3.4 Insurance

The City will indicate whether Responders had insurance coverage in place at the time of application. The City will disclose Responders’ response in this section when furnishing the list to agencies and individuals.

4 Statement of Qualification Instructions & Content

4.1 Timelines & Instructions

The timelines for Evaluation Periods 2 and 3 will be announced via Bid Amendments / Addenda. Please check Bid Amendments for more information.

MILESTONE

TIME

(PACIFIC) &

DATE LOCATION / ADDITIONAL INFORMATION

Release date July 7, 2026

Questions due to the City (Evaluation Period 1) Evaluation Period 2 Evaluation Period 3

July 21, 2026

Fall 2027 Fall 2028

Submit all inquiries via email to rfppurchasing@longbeach.gov

Posting of the Q&A (Evaluation Period 1) Evaluation Period 2 Evaluation Period 3

August 4, Responses to the questions will be posted on LongBeachBuys.com.

Qualifications due (Evaluation Period 1) Evaluation Period 2 Evaluation Period 3

August 18, Statements of qualification should be submitted electronically via LongBeachBuys.com.

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

Respondents are responsible for submitting their statements of qualification completely and on time.

o Respondents will receive an e-bid confirmation number with a time stamp from LongBeachBuys.com indicating that the statement of qualification was submitted successfully. The City will only receive

Qualification and Selection of Peer Reviewers | RFQ DV-26-667 | Template v06.17.25 | 8 statements of qualification 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 Qualification and Potential Revenue

TBD An Evaluation Committee will review resumes and certifications, if applicable, and evaluate whether a Respondent is qualified for placement of the Pre-Approved List.

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

Qualified Vendor Selection

TBD Qualified Vendors will be notified in writing.

4.2 Statement of Qualification Content

Complete statements of qualification will include the following information identified in the table below. Respondents are encouraged to use this table as a checklist to ensure all components are included in their statements of qualification. Please note statements of qualification that are NOT complete will NOT be considered for the opportunity and will be deemed nonresponsive.

STATEMENT OF

QUALIFICATION

☐ Resume & Cover Letter

Interested respondents shall submit a completed cover page of the RFQ and resume outlining personal experience and knowledge in the relevant subject-specific expertise.

STATEMENT OF QUALIFICATION APPENDICES

☐ Other Addenda (if applicable) MANDATORY ATTACHMENTS | The following are included as Attachments in Long

Beach Buys. They must be signed by the individual legally authorized to bind the respondent.

☐ A. Attachment B - Statement of Non-Collusion ☐ B. Proof of License and/or Degree (refer to section 3.2 for additional information) ☐ C. Certificate of Insurance (Refer to Section 3.3)

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

☐ Conformation of Attachments | Ensure you have checked all the attachments in Long Beach Buys and have confirmed that all the required documents have been uploaded and labeled correctly.

4.3 Resume Submittal

Resume Requirements:

Respondents shall submit a complete cover page of the RFQ and resume outlining personal experience and knowledge in the relevant subject-specific expertise. Adequate information shall be provided to demonstrate that the individual meets the minimum qualifications requested in this RFQ. At minimum, the submitted resume shall contain the following information:

Highlight any specific expertise in the subject of material types, lateral systems, modeling software, dampers, isolators, or other related areas.

Provide a complete employment history listing current and previous employers in all related fields and industries; and

Provide personal references from previous projects that the Respondent provided services as a Peer Reviewer based on alternative performance-based design procedure as approved by the Building Official, including names and contact information (telephone and email).

In addition, the following information shall be provided, as applicable to the subject-specific expertise:

Design Experience

Reference projects where independent structural design reviews were required.

Provide pertinent information such as, but not limited to, building area, height, story, seismic force-resisting system, site geology, and other relevant data for each project.

Indicate the basis of design for each project.

Indicate the alternative performance-based design procedure documents utilized in the structural design and analysis of each project.

Outline specific personal job or design responsibilities and duties for each project

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Provide contact information (telephone and email) of the authority having jurisdiction where each project occurred.

Peer Reviewer Experience

Reference projects where independent structural design review is required.

Provide pertinent information such as, but not limited to, building area, height, story, seismic force-resisting system, site geology, and other relevant data for each project.

Indicate the basis of design for each project.

Indicate the alternative performance-based design procedure documents utilized in the independent structural design review of each project.

Indicate subject-specific expertise role (i.e., structural, geotechnical, or academic) served on the PRP for each project.

Provide contact information (telephone and email) of the authority having jurisdiction on where each project occurred.

Academic/Research Experience

Reference specific published research papers on or involvement in research for the development of design criteria for tall buildings, performance-based design, inelastic behavior of seismic load-resisting elements, damped or isolated structures, and/or new building technologies.

Reference specific publications and/or institutions where research occurred.

5 Terms & Conditions

5.1 Acronyms/Definitions

1. Qualified Vendor: The organization/individual that is selected for the Pre-Qualified list with the City of Long Beach, California for the services identified in this RFQ.

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

3. Respondent: Individual submitting a statement of qualification to this RFQ.

4. Department / Division: City of Long Beach, Community Development Department - Building & Safety Bureau

5. Evaluation Committee: An independent committee comprised solely of representatives of the City established to review statements of qualification

Qualification and Selection of Peer Reviewers | RFQ DV-26-667 | Template v06.17.25 | 11 submitted in responses to the RFQ, evaluate the qualifications, and identify Qualified Vendors.

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

7. Peer Reviewer: A registered design professional or academician with technical expertise in specific subject areas.

8. PRP: Peer Review Panel

9. Pre-Approved List: Respondents meeting minimum qualifications to serve on Peer Review Panels for independent structural design reviews.

10. RFQ: Request for Qualifications.

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

12. Should: Indicates something that is recommended but not mandatory. If the Respondent fails to provide recommended information, the City may, at its sole option, ask the Respondent to provide the information or evaluate the statement of qualification without the information.

5.2 Terms & Conditions

1. The City reserves the right to alter, amend, or modify any provisions of this RFQ, or to withdraw this RFQ, at any time prior to the creation of a Pre-Approved List 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 Statement of Qualifications from Respondents.

3. The City may contact the references provided; contact any Respondent to clarify any response; contact any current users of a Respondent’s services; solicit information from any available source concerning any aspect of a Statement of Qualifications;

and seek and review any other information deemed pertinent to the evaluation process.

4. The level and term of documentation required from the Respondent to satisfy the City will be commensurate with the size and complexity of the opportunity and Respondents should submit accordingly. If the information submitted by the Respondent, or available from other sources, is insufficient to satisfy the City as to

Qualification and Selection of Peer Reviewers | RFQ DV-26-667 | Template v06.17.25 | 12 the Respondent’s qualifications, the City may request additional information from the Respondent or may deem the Statement of Qualifications non-responsive.

5. The City reserves the right to waive informalities and minor irregularities in Statements of Qualifications received.

6. The City reserves the right to reject any or all Statements of Qualifications received prior to the establishment of a Pre-Approved List.

7. The City’s determination of the Respondents qualifications, for the purposes of this RFQ, shall be final.

8. Any irregularities or lack of clarity in the RFQ should be brought to the Purchasing Division designee’s attention as soon as possible so that corrective addenda may be furnished to Respondents.

9. Alterations, modifications or variations to a qualification may not be considered unless authorized by the RFQ or by addendum or amendment.

10. If qualified and placed on the Pre-Approved List, any later 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 the engagement, may be rejected. Statements of Qualifications may be withdrawn by written notice received prior to the review of the Statements of Qualifications.

11. If qualified and placed on the Pre-Approved List, any price and amount of any future proposal must have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other Qualified Vendor. No attempt may be made at any time to induce any individual to refrain from submitting a Statement of Qualifications or if qualified and placed on the Pre-Approved list, to submit any intentionally high or noncompetitive proposal. All later proposals submitted must be made in good faith and without collusion.

12. The City is not liable for any costs incurred by Respondents in preparing any response to this RFQ. Costs of developing the proposals or any other such expenses incurred by the Proposer in responding to the RFQ, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City.

13. In the event a Respondent 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

Qualification and Selection of Peer Reviewers | RFQ DV-26-667 | Template v06.17.25 | 13 the Respondent’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 opportunity. It is solely the Respondent’s responsibility to prepare and submit a response to the RFQ.

14. Qualifications will become public record after the Notice of Intent to Qualify has been posted unless the qualification or specific parts of the qualification can be shown to be exempt by law. Each Respondent may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Respondent thereby agrees to indemnify and defend the City for honoring such a designation. The failure to 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.

15. Each Respondent 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 agreement services resulting from this RFQ. Any such relationship that might be perceived or represented as a conflict should be disclosed.

The City reserves the right to disqualify any Respondent 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

16. Each Respondent must include in its response a complete disclosure of any alleged significant prior or ongoing agreement failures, any civil or criminal litigation or investigation pending which involves the Respondent or in which the Respondent has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any qualification. The City reserves the right to reject any response based upon the Respondent’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 agreement milestones or other agreement failures.

17. 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.

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

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19. Execution of Attachment A of this RFQ shall constitute an agreement to all terms and conditions specified in the RFQ, including all future agreement terms and conditions therein.

20. Respondent understands and acknowledges that the representations above are material and important and will be relied on by the City in evaluation of the Respondent’s qualifications. Any Respondent misrepresentation shall be treated as fraudulent concealment from the City of the true facts relating to the Qualification.

21. Qualifications shall be kept confidential until the Notice of Intent to Qualify has been posted.

22. No announcement concerning the inclusion of a Respondent on the Pre-Approved List as a result of this RFQ may be made without the prior written approval of the City.

23. 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.

24. All work performed in connection with any contracted entered into as a result of this RFQ 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.

25. Qualified Vendor 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) Qualified Vendor’s breach or failure to comply with any of its

Qualification and Selection of Peer Reviewers | RFQ DV-26-667 | Template v06.17.25 | 15 obligations in relation to work done as a result of this RFQ, including any obligations arising from the Qualified Vendor’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 Qualified Vendor, its officers, employees, agents, subcontractors, or anyone under Qualified Vendor’s control, in the performance of work or services resulting from this RFQ (collectively “Claims” or individually “Claim”).

26. In addition to Qualified Vendor’s duty to indemnify, Qualified Vendor shall have a separate and wholly independent duty to defend Indemnified Parties at Qualified Vendor’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 Qualified Vendor shall be required for the duty to defend to arise.

City shall notify Qualified Vendor of any Claim, shall tender the defense of the Claim to Qualified Vendor, and shall assist Qualified Vendor, as may be reasonably requested, in the defense.

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

28. If the Qualified Vendor elects to use subcontractors, Qualified Vendor agrees to require its subcontractors to indemnify Indemnified Parties to the same extent as Qualified Vendor.

29. If the Qualified Vendor elects to use subcontractors, the Qualified Vendor shall not allow any subcontractor to commence work until all requirements of subcontractor are obtained.

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

5.3 Additional Requirements

Not Applicable

5.4 Protest Procedures

Who May Protest

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Only a Respondent who has actually submitted a Statement of Qualification is eligible to protest an agreement awarded through a Request for Qualifications (RFQ). A Respondent may not rely on the protest submitted by another Respondent but must pursue their own protest.

Time for Protest

The City will post a notice of the intent to qualify at least ten business days before the Pre- Approved List is finalized or updated (the NOQ). The NOQ will be available to all Respondents who submitted a Statement of Qualifications via the City’s electronic bid notification system at http://www.longbeach.gov/purchasing. A Respondent desiring to submit a protest for a Statement of Qualifications must do so within five business days of the electronic notification of the NOI. The City Purchasing Agent must receive the protest by the close of business on the fifth business day following posting of notification of the NOQ. Respondents are responsible for registering with the City’s electronic bid notification system and maintaining an updated Awardee profile. The City is not responsible for Respondents’ failure to obtain notification for any reason, including but not limited to failure to maintain updated email addresses, failure to open/read electronic messages and failure of their own computer/technology equipment. The City’s RFQ justification memo will be available for review by protestors once the NOQ has been posted via the City’s electronic bid notification system.

Form of Protest

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

City Response to Protest

The City Purchasing Agent or designee will respond with a decision regarding the protest within five business days of receipt of protest to the email address provided in the protest.

This decision shall be final.

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Limitation of Remedy

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

File details come from the government source that posted it. Updated .