RFQ UD25-255 On-Call Engineering Final~1.pdf

REQUEST FOR QUALIFICATIONS FOR VARIOUS ON-CALL ENGINEERING &

INSPECTION SERVICES

UD- 25-255

Approved this ____4___day of _____April________, 2025

Kevin Tougas

Director of Engineering

Authorized this _______ day of _______________, 2025

B. Anatole Falagan

General Manager

Approved as to Form this ____16th_____ day of _____April____________, 2025

Dawn McIntosh

City Attorney

By: _________________________________________

Principal Deputy City Attorney

April16th

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REQUEST FOR QUALIFICATIONS FOR

VARIOUS ON-CALL ENGINEERING & INSPECTION

SERVICES

Specifications

UD- 25-255

APRIL 2025

Board of Public Utilities Commissioners Long Beach, California

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OVERVIEW

Summary The Long Beach Public Utilities Department (LBU) desires to maintain a list of on-call professional service consultants in accordance with Specifications listed in

UD- 25-255

KEY DATES

Release Date: April 22, 2025

Questions Due to the City: May 6, 2025

SOQs Due: May 27, 2025

Long Beach Utilities reserves the right to modify these dat any time, with appropriate notice to prospective Bidders.

SOQ Information Instructions for what to include in your SOQ and how to submit it are detailed in Section 4.

SOQs must be submitted electronically via LongBeachBuys.com.

Official Contact Deanna Rubalcaba (562) 570-2031 Deanna.rubalcaba@longbeach.gov All communication with LBU related to this RFQ must be directed to the contact listed above.

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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 Administrative & Miscellaneous Duties

2.3 Capital Projects

2.4 LBU Furnished Services

2.5 Project Specifications

2.6 Performance Metrics & Contract Management

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

3.3 Local Preference

4 SOQ Instructions & Content

4.1 Timelines & Instructions

4.2 Statement of Qualifications Mandatory Requirements

4.3 Narrative SOQ Template

5 Terms & Conditions

5.1 Acronyms/Definitions

5.2 Solicitation Terms & Conditions

5.3 Contract Terms & Conditions

5.4 SOQ Evaluation and Award Process

5.5 Protest Procedures

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1 The Opportunity

1.1 Project Summary

The Long Beach Public Utilities Department (LBU) desires to maintain a list of on-call professional services consultants. Contracts for professional services will be utilized for planning, design, administration and inspection of capital projects, as well as for various studies, analyses and reports.

It is anticipated that a list of approximately ten consulting firms will be established.

Consultants selected under this RFQ will be utilized on an as-needed basis at LBU’s sole discretion.

1.2 Background

LBU’s Gas system is comprised of approximately 900 active miles of main pipeline, approximately 87,000 services (or approximately 1,000 miles) and approximately 150,000 meters. The service territory encompasses nearly all of the City of Long Beach, all of the City of Signal Hill and two pockets of unincorporated areas of the County of Los Angeles.

1.3 Goals

The primary goal is to engage multiple consultants to deliver professional services that leverage diverse expertise and specialized knowledge to support LBU’s commitment to safety, compliance, and fiscal responsibility. By working with a range of qualified consultants, LBU can ensure comprehensive coverage of complex regulatory requirements, implement best practices, and maintain adherence to industry standards.

1.4 Award Terms

This contract will be for a period of one year with the option to renew for two additional one-year periods. The total contract term will not exceed three years.

2 Scope of Work

2.1 Description of Services

The Gas Engineering and Regulatory Compliance division within LBU desires to maintain a list of on-call professional services consultants. Contracts for professional services will be utilized for planning, design, administration and inspection of capital projects, as well as for various studies, analyses, and reports.

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LBU is requesting Statement of Qualifications (SOQs) from experienced consultants to provide engineering and support services on a prequalified on-call basis relative to any of the following areas of expertise:

• Natural Gas Distribution Design

• PS&E Development & Review

• Permit Acquisition, Legal Easement Preparation

• Inspection & Construction Management

• Cathodic Protection Design

• PS&E Development & Review

• Permit Acquisition, Legal Easement Preparation

• Regulatory Compliance Support

2.2 Administrative & Miscellaneous Duties

i. When directed, perform studies & analyses, prepare written reports, attend meetings, and present information to LBU personnel, the Board of Commissioners or City Council.

ii. When directed, analyze LBU’s needs, collect data, perform research, prepare and administer long-and-short range capital improvement programs consistent with the economic capabilities of LBU.

iii. Attend staff level meetings with LBU staff, developers, contractors, and the public.

iv. When directed, provide technical advice to LBU personnel.

v. Establish working relationships and coordination with other public agencies.

vi. Log and review plans submitted for plan check.

2.3 Capital Projects

As requested, perform the following services:

i. Develop and review PS&E.

ii. Provide design, construction administration, and inspection services.

iii. Perform site visits throughout project lifespan as needed.

iv. Provide reports regarding capital improvements, construction materials, maintenance, and related matter.

v. Process PS&E through other agencies for review and approval in connection with permit requirements (Caltrans, LA County, Orange County, Signal Hill, etc.)

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2.4 LBU Furnished Services

At its sole discretion, LBU will furnish to Consultants all the available records, reports, and any other available information that may be helpful to the Consultant in the performance of its assigned Project Manager (PM) as designated by LBU. The LBU PM will act as the primary point of contact.

2.5 Project Specifications

In addition to all governing law, the Consultant shall be thoroughly familiar with all City and LBU required project standards and specifications, including the following:

i. LBU Standard Plans

ii. LBPW Standard Plans

iii. Port of Long Beach Standard Plans

iv. LBU – Engineering Bureau CADD Standards & Template

v. State of California (Caltrans) – Design Manuals, Standard Plans, and Standard

Specifications

vi. State of California (Caltrans) – Manual of Uniform Traffic Control Devices (MUTCD)

vii. Standard Specifications for Public Works Construction (Greenbook), BNi

viii. Standard Plans for Public Works Construction, BNi

ix. AutoCAD 2013 or later

x. ArcGIS Version 10.2.1 or later

xi. NACE/Corrosion Standards

2.6 Performance Metrics & Contract Management

2.6.1 Performance Metrics

The table below highlights the targets that will be tracked and reviewed collaboratively with the Awarded Consultant during the contract. This list is an indication of the performance metrics of interest to LBU and is not exhaustive or final. As a part of a response to this RFQ, 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 LBU prior to the finalization of an agreement between parties and may be adjusted over time as needed.

METRIC DESCRIPTION TARGET

1. Safety

Compliance Consultant to adhere to established safety protocols and regulations without incidents.

100% compliance with PHMSA, OSHA, local, state and federal safety regulations.

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2. Schedule Performance

Tracking of projects completed within the agreed-upon timeline.

Projects completed within the agreed-upon schedule, with no more than a 5% deviation in project timelines.

3. Quality of Work Projects with no major defects or rework requirements.

Projects should result in no major deficiencies requiring corrective action.

4. Budget Performance

Projects completed within agreed-upon budget

Projects should be completed within the agreed-upon budget, with no more than a 5% deviation beyond the budget.

2.6.2 Contract Management

Contract will be managed by the Gas Engineering and Regulatory Compliance division within LBU. Consultant is to work directly with the LBU representative, in coordination of all maintenance practices that need to take place.

Billing will be submitted to GO-AcctsPay@longbeach.gov and LBU representative assigned to the specific project(s).

2.6.3 Contract Payment

LBU issues payment based upon services rendered. After a contract is finalized and work is performed, the Consultant should invoice LBU. LBU will remit payment within 30 calendar days of being billed or upon completion of internal invoice review.

3 How We Choose

3.1 Minimum Qualifications

Proposers must meet the following minimum qualifications to be eligible:

• Qualification to conduct business in the City

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

• Mandatory experience in delivering at least two (2) similar projects performed for a natural gas distribution operator within the last three years.

3.2 Evaluation Criteria

LBU will appoint a selection committee to evaluate the SOQs and Consultants. Each member of the selection committee will evaluate each SOQ using a 100-point scale and the mailto:GO-AcctsPay@longbeach.gov

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SOQs shall be consistently evaluated based upon the following criteria:

SOQ EVALUATION CRITERIA

• Demonstrate competence, technical ability, and familiarity with local, state, and federal regulations (includes understanding of project and program needs, issues and implementation).

15 Points

• Demonstrate experience & knowledge in all aspects of the relevant disciplines, including sub consultants, in the performance of comparable engagements and projects.

35 Points

• Qualifications and experience of key personnel, and the current workloads and availability of proposed staff.

20 Points

• References and record of prior budget and schedule performance of similar projects and assignments

15 Points

• Reasonableness of cost 15 Points

Total Possible Score 100 Points

The selection panel will convene to discuss and evaluate scoring, and to select Consultants based upon the rankings (not scores) of the proposing firms.

LBU will submit the recommendation of the selection committee to the Board of Commissioners for approval.

Upon selection of the successful firm(s) and prior to the start of the contract negotiations, the Consultant is required to submit to LBU the required insurance certificates for the Consultant and its subconsultants, if any.

3.3 Local Preference

• LBU shall apply five extra percentage points to all local businesses which submit proposals for services for Long Beach Public Utilities Department.

• Local Business shall mean a business which maintains its principal place of business in a fixed office/place of business with LBU, possesses a current City of Long Beach business license and sellers permit if applicable.

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• For a business to be eligible to claim preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license and seller’s permit if applicable.

4 SOQ Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date April 22, Questions due to the City

May 6, 2025 by

11:00 am

• Submit all inquiries via email to deanna.rubalcaba@longbeach.gov

Posting of the Q&A May 13, 2025 by 4:00 pm

• Responses to the questions will be posted on LongBeachBuys.com.

SOQs due May 27, 2025 by

11:00 am

• SOQs should be submitted electronically via LongBeachBuys.com.

• Late SOQs submitted through other channels will not be accepted.

• Proposers are responsible for submitting their SOQs completely and on time.

o Proposers will receive an e-bid confirmation number with a time stamp from LongBeachBuys.com indicating that the SOQ was submitted successfully.

The City will only receive SOQs 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 SOQs May 2025 • An Evaluation Committee will review SOQs to select the SOQ that best meets the needs of the City.

mailto:deanna.rubalcaba@longbeach.gov mailto:LBPurchasing@longbeach.gov

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

Negotiation & Consultant Selection

May 2025 • Selected Consultants(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, LBU reserves the right to negotiate a contract with another Consultant or withdraw the RFQ.

• Negotiations shall be confidential and not subject to disclosure to competing Consultants unless and until an agreement is reached.

Estimated Contract Execution

June 2025

Proposer Debrief After Consultan t is Selected

• Successful and unsuccessful Proposers are encouraged to request phone call or in person meeting with LBU to discuss the strengths and weaknesses of their SOQ. The intent of the debrief is to provide the Proposer with constructive feedback to equip them with information to effectively meet LBU’s needs and be successful in future SOQs.

4.2 Statement of Qualifications Mandatory Requirements

Complete SOQs will include the following items listed below. Proposers are encouraged to use this table as a checklist to ensure all components are included in their SOQs. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the SOQ and specific references made to the page, section and/or paragraph where the supplemental information can be found.

Descriptions on how any and all equipment and/or services will be used to meet the requirements of this RFQ shall be given, in detail, along with any additional documents that are appropriately marked.

STATEMENT OF

QUALIFICATION

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☐ Narrative SOQ The Narrative Statement of Qualifications should provide a straightforward, concise delineation of capabilities to satisfy the RFQ. Guidance on preparing a Narrative SOQ is detailed in Section 4.3.

SOQ 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 SOQ.

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 (Attachment A) ☐ B. Equal Benefits Ordinance (EBO) Form (Attachment B) ☐ C. Debarment Form (Attachment C) ☐ D. Statement of Non-Collusion (Attachment D) ☐ E. Topical Service Area Ranking Sheet (Attachment E) ☐ F. Statement of Qualifications (SOQ) ☐ G. Proof of registration with the California Department of Industrial Relations Attachments Which May be Submitted Upon Award | Upon award, Awarded

Consultants will be required to submit the following items listed below. We encourage you to take note of these requirements, and where possible, include available information as part of your SOQ to expedite processing.

☐ H. W-9 ☐ I. Business License ☐ J. Proof of Registration with the California Secretary of State ☐ K. Certificates of Insurance ☐ L. Proof of registration with the California Department of Industrial Relations ☐ M. Current Contractor’s State License Board print out (If Required) ☐ 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.

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4.3 Narrative SOQ Template

LBU requires a specific format for the Statement of Qualifications (SOQ). The SOQ, not including the Appendices, shall not exceed 25 pages in length, utilizing 8.5” x 11” pages with one-inch margins. Font size shall not be smaller than 12 point for text and a minimum of 8 point for graphics. Colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to the RFQ instructions, responsiveness to the RFQ requirements, and on completeness and clarity of content. The SOQ shall contain the specific sections indicated below:

Section 1: Cover Letter

The cover letter shall be limited to two (2) pages maximum and will not be counted as part of the total page count for the submittal. The cover letter shall include a summary of the Statement of Qualifications, including a brief description of the proposed team firm(s), and other key staff. It shall make a commitment to accept the terms and conditions in this RFQ, including acknowledgement of receipt of all amendments and/or addenda to the RFQ.

Section 2: Project Understanding and Approach

This section should demonstrate an understanding of the scope of services. It should describe the general approach, organization, and staffing required for the services requested. All sub-consultants and their roles should be identified. The consultant shall include a matrix/summary identifying key personnel responsible for accomplishing all aspects of the work.

Section 3: Qualifications of Consultant Staff and Subconsultant Staff

This section shall identify the qualifications and related experience of key and significant staff (i.e. direct reports and any others performing important tasks) assigned to the contract. This section shall also include cameo resumes of all staff identified above. The cameos shall include a summary of relevant management and work experience, years of relevant experience, the current and proposed location of the person, a statement of availability, and identification of the firm this person is employed by. Two references shall be provided for each key staff member. This section shall also include a table of each key person showing their availability for the duration of this contract as well as any commitment to other projects.

Section 4: Experience of Firms

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Relevant experience of the firms included in this RFQ shall be identified. Include project descriptions, status of the project, construction cost, and dollar value of services provided.

Clearly identify the role of key staff identified herein and identify current client references.

The focus should be on experience, analysis and documentation for engineering projects relevant to this RFQ. Only recent similar projects completed in the past three (3) years, should be included in this section. Do not include projects by the firm unless the key staff proposed had a significant role in the project.

Consultants should provide a minimum of two (2) references from similar projects performed for a natural gas distribution operator within the last three (3) years. Information provided shall include:

• Client name

• Project description

• Project dates (starting and ending)

• Staff assignment to reference engagement that will be designated for work per this

RFQ

• Client project manager name and email

Section 5: SOQ Appendices

Primary Consultant Information

Consultants must provide a company profile. Information shall include:

• Company ownership. If incorporated, the state in which the company is incorporated and the date of incorporation. An out-of-state Consultant must register with the State of California Secretary of State before a contract can be executed (www.sos.ca.gov/business).

• Location of company offices.

• Location of the office serving any California account(s).

• Number of employees both locally and nationally. Specifically, the number of full-time and part-time employees residing in Long Beach, CA.

• Location(s) from which employees will be assigned.

• Name, address, telephone number and email of the Consultant’s point of contact for a contract resulting from this RFQ.

• Company background/history and why Consultant is qualified to provide the services described in this RFQ.

http://www.sos.ca.gov/business

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• Length of time Consultant has been providing services described in this RFQ to the public and/or private sector. Please provide a brief description.

• Financial stability: Consultants must provide financial statements giving LBU enough information to determine financial stability. These statements may include, but not limited to:

o Financial Statement or Annual Report;

o Business tax return;

o Statement of income and related earnings;

o Statement of Changes in financial position;

o Letter from the Consultant’s banking institution;

o Statement from a certified public accounting firm

• The level and scope of documentation required from the Consultant to satisfy LBU will be proportional to the size and complexity of the contract. Consultants should submit documentation accordingly. If the information provided by the Consultant or available from other sources is deemed sufficient to meet the Consultant’s contractual obligations, LBU may still request additional information or declare the SOQ non-responsive. LBU’s determination of the Consultant’s responsibility for the purposes of this RFQ shall be final.

Subconsultant Information

If subconsultants are used, provide the information below:

• Identify specific subconsultants and the specific requirements of the RFQ for which each proposed subconsultant will perform services.

• Provide the same information for any subconsultant as is indicated above in 4.3 Section C.

• References as specified above in 4.3 Section C must also be provided for any proposed subconsultants.

• LBU requires the awarded Consultant to provide proof of payment of any subconsultants used for this project. SOQs shall include a plan by which LBU will be notified of such payments.

• Primary Consultant shall not allow any subconsultant to commence work until all insurance required of subconsultant is obtained.

Organization Chart and Resumes

An organization chart and list of key personnel as categorized below must also be provided accompanied by a listing of the work he/she will perform; academic credentials;

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• Executives/Managers

• Licensed Professionals

• Engineers/Surveyors

• Other Technical/Professional/Accounting Staff

• Administrative/Support Staff

Full resumes of proposed staff shall be included in this section. Relevant firm project information may also be included in this section. However, other than staff resumes, firm information and general marketing materials will not be considered in the ranking of the firms submitting SOQs. There is no page limit in this section.

Rates

For each of the key personnel categories listed in the previous section, state proposed hourly rates, inclusive of overhead and profit for personnel who will be utilized. LBU reserves the right to negotiate final hourly rates.

Compensation

Compensation for Consultant services will be based on a Schedule of Values, Cost Reimbursements or Lump Sum method. Individual Task Orders will state the type of compensation method. For the Cost Reimbursement method, Consultants can either be reimbursed on a Billing Salary Rate, with added Consultant Office or City Office overhead and 10% profit, or on an Hourly Billing Rate. The Consultant Office overhead rate will be the actual Consultant’s overhead rate, but not to exceed a maximum of 180% for Consultant personnel located in the Consultant’s office. The City Office overhead rate, for Consultant personnel on assignment at one of the City’s offices for a period exceeding one month, will be the Consultant’s actual overhead rate, but not to exceed a maximum of 155%. The Hourly Billing Rate includes the Consultant’s overhead and profit. For each of the categories named above, Hourly Billing Rates for Consultant personnel to be used on projects will be requested at the time of contract negotiations.

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LBU reserves the right to negotiate final Hourly Billing Rates, Billing Salary Rates, and all overhead rates. LBU will require the following documentation to support the stated overhead rates at the time of negotiation:

• Prime Consultant Field and Home Office Overhead Rates

a) Federally or State audited overhead rates including backup documentation OR

b) Overhead rates calculated and signed by firm’s Certified Public Accountant (CPA) including backup documentation OR

c) Firm’s internal calculation of overhead rates signed by the Principal of the firm which are auditable and defensible in the event of an audit

• Field and Home Office Overhead Rates for Subconsultants listed in your SOQ

a) Federally or State audited overhead rates including backup documentation OR

b) Overhead rates calculated and signed by the firm’s Certificate Public Accountant

(CPA) including backup documentation OR

c) Firm’s internal calculation of overhead rates signed by the Principal of the firm which are auditable and defensible in the event of an audit

This overhead information is not required to be submitted as part of your SOQ, but it will be required if your firm is selected for negotiations.

Topical Service Area Ranking Sheet

Please complete and submit Attachment E – Topical Service Ranking Sheet, ranking your preferred service areas in order of priority. For any service areas in which you do not wish to participate, kindly indicate this by marking them as “Non Applicable” or leaving them unranked.

Other SOQ Criteria

The Project Manager must be properly licensed in the State of California to provide professional services. In addition, the various work performed by Consultants shall be performed by, or where appropriate, under the direction of personnel possessing the appropriate State of California professional license or other certifications required or desire for the various disciplines necessary for the successful completion of the project, program, or service needed by LBU and the City of Long Beach.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization Company Name Company Address

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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 _________________________________

REFERENCES

Reference 1

Company Project Manager Phone Number Project Description Project Start and End Dates

Reference 2

Company Project Manager Phone Number Project Description

Reference 3 Company Project Manager

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Phone Number Project Description

Reference 4

Project Manager Phone Number Project Description

Reference 5

Project Manager Phone Number Project Description

SUB-CONTRACTOR CONTACT INFORMATION

Does the SOQ include subcontractors?

☐ Yes ☐ No

If applicable, provide the following for all subcontractors included in this SOQ.

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

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State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________ Which specific requirements of this RFQ will the subcontractor perform?

Is the subcontractor registered with the California Department of Industrial Relations? If yes, provide registration number.

Please describe why the Subcontractor is qualified to provide the services described in this RFQ (1-2 paragraphs)

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

How many employees does the Subcontractor have nationally, locally, and residing in Long Beach?

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

Please provide the resumes of any subcontractors you plan to use during the course of this contract?

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5 Terms & Conditions

5.1 Acronyms/Definitions

1. Awarded Consultant: The organization/individual that is awarded a contract with the City of Long Beach, California for the services identified in this RFQ.

2. Capital Project: A project that helps maintain or improve a City asset.

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

4. Consultant / Proposer: Organization/individual submitting a SOQ in response to this

RFQ.

5. Department / Division: City of Long Beach, Utilities Department

6. Evaluation Committee: An independent committee comprised solely of representatives of the City established to review SOQs submitted in response to the RFQ, evaluate the SOQs, and select a Consultant.

7. Firm: Individual proprietorship, partnership, limited liability company, corporation or joint venture.

8. GIS: Geographic Information System

9. LBU: City of Long Beach, Public Utilities Department.

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

11. PM: Project Manager

12. PS&E: Plans, Specifications and Estimates

13. Port: Port of Long Beach / Harbor Department

14. RFQ: Request for Qualifications

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

16. 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 SOQ without the information.

17. SOQ: Statement of Qualifications

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18. Subcontractor: Third party not directly employed by the Proposer who will provide services identified in this RFQ.

19. TWIC: Transportation Worker Identification Credential

5.2 Solicitation Terms & Conditions

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

2. LBU reserves the right to request clarification of any SOQ term from Proposers.

3. LBU 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 SOQ; 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 LBU 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 LBU as to the Proposer’s contractual responsibility, LBU may request additional information from the Proposer or may deem the SOQ non-responsive.

5. LBU reserves the right to waive informalities and minor irregularities in SOQs received.

6. LBU reserves the right to reject any or all SOQs received prior to contract award.

7. LBU’s determination of the Proposer’s responsibility, for the purposes of this RFQ, shall be final.

8. LBU shall not be obligated to accept the lowest priced SOQ but will make an award in the best interests of the City of Long Beach after all factors have been evaluated.

9. If LBU receives a single responsive, responsible SOQ, LBU may request an extension of the SOQ acceptance period and/or conduct a price or cost analysis on such SOQ.

The Proposer shall promptly provide all cost or pricing data, documentation and explanation requested by LBU to assist such analysis. By conducting such analysis, LBU shall not be obligated to accept the single SOQ. LBU reserves the right to reject such SOQ or any portion thereof.

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10. Any irregularities or lack of clarity in the RFQ should be brought to the Official Contact’s attention as soon as possible so that corrective addenda may be furnished to Proposers.

11. SOQs 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 SOQ non-responsive.

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

13. SOQs which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

14. SOQs may be withdrawn on Long Beach Buys prior to the SOQ opening time.

15. The price and amount of this SOQ must have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other Consultant or prospective Consultant.

16. No attempt may be made at any time to induce any firm or person to refrain from submitting a SOQ or to submit any intentionally high or noncompetitive SOQ. All SOQs must be made in good faith and without collusion.

17. Prices offered by Proposers in their SOQs are an irrevocable offer for the term of the contract and any contract extensions. The Awarded Consultant agrees to provide the purchased services at the costs, rates and fees as set forth in their SOQ in response to this RFQ. No other costs, rates or fees shall be payable to the Awarded Consultant for implementation of their SOQ.

18. The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing the SOQ 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.

19. SOQs will become public record after the conclusion of the negotiation process and before final approval by the awarding body unless the SOQ or specific parts of the SOQ can be shown to be exempt by law. Each Proposer may clearly label all or part of a SOQ 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.

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20. A SOQ submitted in response to this RFQ 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 SOQ submitted in response to this RFQ, a statement to the effect that the subcontractor has read and will agree to abide by the Proposer’s obligations.

21. If the Consultant elects to use subcontractors, LBU requires that the Awarded Consultant provide proof of payment of any subcontractors used for this project.

SOQs shall include a plan by which LBU will be notified of such payments.

22. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFQ. Any such relationship that might be perceived or represented as a conflict should be disclosed.

LBU reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

23. Each Proposer must include in its SOQ 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 SOQ. LBU reserves the right to reject any SOQ based upon the Proposer’s prior history with LBU 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.

24. LBU reserves the right to negotiate final contract terms with any Proposers selected.

The contract between the parties will consist of the RFQ together with any modifications thereto, and the Awarded Consultant’s SOQ, together with any modifications and clarifications thereto that are submitted at the request of LBU 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 RFQ, any modifications and clarifications to the Awarded Consultant’s SOQ, and the Awarded Consultant’s SOQ. Specific exceptions to this general rule may be noted in the final executed contract.

25. LBU 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 LBU Contact.

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26. Any contract resulting from this RFQ shall not be effective unless and until approved by the Board of Commissioners / General Manager, as applicable.

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

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

29. Proposer understands and acknowledges that the representations above are material and important and will be relied on by LBU in evaluation of the SOQ. Any Proposer misrepresentation shall be treated as fraudulent concealment from LBU of the true facts relating to the SOQ.

30. SOQs shall be kept confidential through the negotiation process.

31. No announcement concerning the award of a contract as a result of this RFQ may be made without the prior written approval of LBU.

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.

32. 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 Consultant will be the sole point of contract responsibility. LBU will look solely to the Awarded Consultant for the performance of all contractual obligations which may result from an award based on this RFQ, and the Awarded Consultant shall not be relieved for the non-performance of any or all subcontractors.

2. The Awarded Consultant 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 Consultant has submitted acceptable evidence of the required insurance coverages. As a condition precedent to the effectiveness of this contract, Consultant shall procure and maintain at Consultant’s expense for the duration of this contract from an insurance company that is admitted to write insurance in the

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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 Consultant 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.

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

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

Various On-Call Professional Engineering & Inspection Services | UD-25-255 | 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 Consultant’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 Consultant 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 Consultant’s breach or failure to comply with any of its obligations contained in this Contract, including any obligations arising from the Awarded Consultant’s compliance with or failure to comply with applicable laws, http://www.longbeach.gov/finance/business_license

Various On-Call Professional Engineering & Inspection Services | UD-25-255 | 26 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 Consultant, its officers, employees, agents, subcontractors, or anyone under Awarded Consultant’s control, in the performance of work or services under this Contract (collectively “Claims” or individually “Claim”).

6. In addition to Awarded Consultant’s duty to indemnify, Awarded Consultant shall have a separate and wholly independent duty to defend Indemnified Parties at Awarded Consultant’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 Consultant shall be required for the duty to defend to arise. City shall notify Awarded Consultant of any Claim, shall tender the defense of the Claim to Awarded Consultant, and shall assist Awarded Consultant, 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 Consultant’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 Consultant elects to use subcontractors, Awarded Consultant agrees to require its subcontractors to indemnify Indemnified Parties and to provide insurance coverage to the same extent as Awarded Consultant.

10. If the Awarded Consultant elects to use subcontractors, the Awarded Consultant shall…