UD-26-311 Professional Lab Services RFP.pdf

REQUEST FOR PROPOSAL

FOR

PROFESSIONAL LAB SERVICES

Company Name _________________________________________________________________

Contact Person _________________________________________________________________

Address _________________________________ City _________________ State ____________

Zip _____________ Telephone (____) _______________ Fax (____) ______________________

Federal Tax ID No. ________________________

Email Address: __________________________________________________________________

Prices contained in this proposal are subject to acceptance within __________ calendar days.

I have read, understand, and agree to all terms and conditions herein.

Date ___________________________________________________________________________

Signed _________________________________________________________________________

Print Name & Title ________________________________________________________________

For additional information, contact the Utilities Procurement Representative:

Esme Houtepen

CentralProcurement@lbutilities.org 562-570-2408

See Section 3 for instructions on submitting proposals.

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TABLE OF CONTENTS

1. OVERVIEW OF PROJECT

2. ACRONYMS/DEFINITIONS

3. SUBMITTAL INSTRUCTIONS

4. RESPONSE REQUIREMENTS

5. EVALUATION OF PROPOSALS

6. NEGOTIATIONS

7. QUALIFICATIONS OF CONTRACTORS

8. BASIS OF AWARD

9. COMMENCEMENT OF SERVICES

10. CONTRACTOR ORIENTATION MEETING

11. LEGAL DISCLOSURE

12. CONFLICT OF INTEREST

13. ADDENDUM (IF APPLICABLE)

14. FUTURE AMENDMENTS

15. CONTRACTORS LICENSE AND PERMITS

16. BUSINESS LICENSE

17. WARRANTY/MAINTENANCE AND SERVICE

18. HAZARDOUS MATERIALS

19. ENVIRONMENTAL REQUIREMENTS

20. COST

21. BILLING & INVOICING

22. RECORD RETENTION, INSPECTION AND AUDIT

23. RIGHTS IN TECHNICAL DATA

24. OWNERSHIP OF REPORTS AND DOCUMENTS

25. CONTRACTOR’S ONSITE PERSONNEL

26. USE OF LBPUD FACILITIES

27. SAFETY

28. DAMAGE CAUSED BY CONTRACTOR/ EXISTING FACILITIES AND

STRUCTURES

29. DEFAULT BY CONTRACTOR

30. CHANGES IN SERVICE/ ADDITIONAL WORK

31. OTHER CONTRACTS

32. ATTORNEY FEES AND COST

33. WAIVER

34. TERMS, CONDITIONS AND EXCEPTIONS

EXHIBIT A: SCOPE OF WORK/ REQUIREMENTS

EXHIBIT B: COST PROPOSAL/ FEE SCHEDULE

EXHIBIT C: PROTEST PROCEDURES

EXHIBIT D: PRO-FORMA AGREEMENT

EXHIBIT E: RFP CHECKLIST

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ATTACHMENT I: CERTIFICATION OF COMPLIANCE

ATTACHMENT II: STATEMENT OF NON-COLLUSION

ATTACHMENT III: EQUAL BENEFITS ORDINANCE

ATTACHMENT IV: W-9 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER

AND CERTIFICATION

ATTACHMENT V: SECRETARY OF STATE CERTIFICATION

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The City of Long Beach utilizes the bid portal Long Beach Buys to promote transparency, equity, and efficiency in the City’s procurement system. We invite you to register your business for any potential bid opportunities within all departments. Please visit https://longbeachbuys.buyspeed.com/bso/.

1. OVERVIEW OF PROJECT

The Long Beach Public Utilities Department (hereafter “Department” or “LBPUD”) is soliciting proposals from qualified and experienced testing laboratories to provide Professional Lab Services for chemical, physical, radiological and microbiological testing service of water, wastewater, soil and sludge samples.

Exhibit A, Scope of Work/Requirements, provides complete details.

1.1. Term of Agreement

The contract period shall be one year from contract execution. This Contract may be extended by mutual agreement for up to two additional periods of one year each in accordance with terms and conditions stated herein.

2. ACRONYMS/DEFINITIONS

For the purposes of this RFP, the following acronyms/definitions will be used:

Agreement/ Contract

Contract specifying the terms and conditions and defining the scope of services to be performed by the Contractor for a specific project, or on a continuing on-call basis.

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

Department Long Beach Public Utilities Department

Evaluation Committee

An independent committee comprised solely of representatives of the City established to review proposals submitted in response to this RFP, score the proposals, and select a Contractor.

LBPUD Long Beach Public Utilities Department

May Indicates something that is not mandatory, but permissible.

OSHA Occupational Safety and Health Administration

Contractor/Proposer Organization/individual submitting a proposal in response to this

RFP.

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Public Utilities A government agency that provides energy, sewer, or water services to the public.

RFP Request for Proposal

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

Should

Something that is recommended, but not mandatory. If the Contractor fails to provide recommended information, the City may, at its sole option, ask the Contractor to provide the information or evaluate the proposal without the information.

Subcontractor A third party not directly employed by the Contractor, who will provide services identified in this RFP.

3. SUBMITTAL INSTRUCTIONS

3.1. RFP Timeline (times indicated are Pacific Time)

TASK DATE/TIME

Deadline for submitting questions February 24, 2026 @ 11:00 AM

Answers to all questions submitted available February 26, 2026 @ 3:00 PM

Deadline for submission of proposals March 5, 2026 @ 11:00 AM

NOTE: The Long Beach Public Utilities Department reserves the right to modify these dates at any time, with appropriate notice to prospective Contractors.

3.2. All inquiries regarding this RFP must be submitted in writing via email to the

Utilities Procurement Representative listed on the cover page, by the due date listed in Section 3.1. Responses to the questions will be posted on Long Beach Buys under the RFP title. All Contractors are recommended to visit the abovementioned website on a regular basis as the responses may be posted earlier than the deadline posted in the timeline above.

3.3. The Department will not be responsible for or bound by (1) any oral communication or

(2) any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the Utilities Procurement Representative listed on the cover page.

3.4. Electronic Submittal Instructions

Proposals shall only be submitted electronically via the City’s secure online bidding system Long Beach Buys portal, available at https://longbeachbuys.buyspeed.com/bso/. All required sections of the Proposal must

Professional Lab Services RFP 6 | P a g e be submitted via the Long Beach Buys portal. Contractors must be registered with Long Beach Buys in order to submit a proposal. Registration can be completed at https://longbeachbuys.buyspeed.com/bso/. Registration is free for all Contractors and is required in order to respond to opportunities with the Long Beach Public Utilities Department.

For customer support accessing Long Beach Buys, please contact the Long Beach Purchasing team Monday through Friday, 8am to 5pm.

Technical support for Long Beach Buys is available by email at LBPurchasing@longbeach.gov, or by phone at (562) 570-6200 during normal business hours (8am-5pm PT Monday through Friday) or by submitting an Issue Reporting Form which can be completed at the following link:

https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&w dLOR=c713C83D7-4896-4449-9834-FB4A3401C10C

Electronic proposals are not accessible and cannot be viewed by LBPUD until the deadline date and time. If a proposer needs to withdraw their proposal, the proposer may do so any time before the proposal deadline, by going into the City’s Long Beach Buys portal and selecting “withdraw”.

Contractors shall be responsible for thoroughly understanding the requirements for the development of the Professional Lab Services as outlined in the RFP prior to submitting a proposal. Contractors are encouraged to review all relevant system data and operational factors that may influence or affect the performance of work. Failure to conduct due diligence shall not relieve the Contractor from fulfilling the obligations of the Contract. LBPUD will assume that Contractors have assessed and are satisfied with the scope of work and requirements of the RFP.

If Contractors find discrepancies or omissions in this solicitation or believe clarification is needed after reviewing the document, Contractors must address the matter in email to the Utilities Procurement Representative listed on the cover page by the deadline for submitting questions listed in Section 3.1. Responses to the questions will be posted on Long Beach Buys under the bid invitation number on or by the due date listed in Section 3.1.

3.5. Proposals must be received by the due date listed in Section 3.1, Pacific Time.

Proposals that are not uploaded by the specified date and time WILL NOT BE CONSIDERED. Contractors may submit their proposal any time prior to the submittal deadline. Other means of submission will NOT be considered unless otherwise authorized.

3.6. Proposals shall be presented in a format that corresponds to, and references sections as detailed in Section 4, Response Requirements.

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3.7. Proposals must be signed by the individual(s) legally authorized to bind the Contractor.

3.8. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the proposal and specific references made to the tab, page, section and/or paragraph where the supplemental information can be found.

3.9. Contractors are encouraged to carefully review this RFP, particularly Section 4, Response Requirements, and the RFP Checklist in Exhibit E prior to preparation of the proposal. A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

3.10. LBPUD reserves the right to reject any or all proposals, or select the proposal most advantageous to the Department. LBPUD reserves the right to verify all information submitted in the proposal.

3.11. LBPUD reserves the right to amend the RFP or issue to all Contractors a Notice of

Amendment to address questions for clarification.

3.12. Contractor may modify or amend its proposal only if LBPUD receives the amendment prior to the deadline stated herein for receiving proposals. Alterations, modifications or variations to a proposal may not be considered unless authorized by this RFP or by addendum or amendment.

3.13. LBPUD reserves the right to waive informalities and minor irregularities in proposals received.

3.14. Proposals must include any and all proposed terms and conditions and the Contractor’s standard contract language. The omission of these documents may render a proposal non-responsive.

3.15. If Contractor forms a joint venture, a copy of the joint venture agreement will be requested if Contractor is selected for award. Do not submit the joint venture agreement with the proposal.

3.16. Pre-contractual expenses are not to be included in the Cost Proposal for services. Pre-contractual expenses are defined as expenses incurred by the Contractor in; a) preparing its proposal in response to this RFP; b) submitting that proposal to LBPUD;

c) negotiating with LBPUD any matter related to the Contractor’s proposal; and d) any other expenses incurred by the Contractor prior to the date of award and execution, if any, of the Contract.

3.17. Upon award of the contract, the Awarded Contractor will be required to submit insurance according to the guidelines and requirements listed below:

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3.17.1. If at any time during the progress of the Work, Awarded Contractor shall allow any indebtedness to accrue for labor, equipment, or materials, or which may become a claim against LBPUD, Awarded Contractor shall immediately upon request from the LBPUD pay such claim or indebtedness or cause such lien to be dissolved and discharged by giving a bond or otherwise and, in case of his failure so to do, LBPUD may withhold any money due Awarded Contractor until such claim or indebtedness is paid or may apply such money toward the discharge thereof; or, in such event LBPUD may at its option declare this Contract to be terminated; take possession and control of the Work and complete the same or cause the same to be completed according to the specifications. Awarded Contractor shall pay to LBPUD the difference between the Contract price and the actual cost to LBPUD in completing or causing the Work to be completed.

3.17.2. Awarded Contractor shall carry on the Work at its own risk until the same is fully completed and accepted and shall, in case of any accident, destruction, or injury to the Work or materials before its final completion and acceptance, repair, or replace the Work or materials so injured, damaged, and destroyed, at his own expense and to the satisfaction of LBPUD. When materials and equipment are furnished by others for installation or erection by Proposer, Proposer shall receive, unload, store, and handle same at the Site and become responsible as though such materials and equipment were being furnished by the Awarded Contractor under the Contract.

3.17.3. Awarded Contractor shall procure and maintain at Awarded Contractor’s expense for the duration of the Contract the insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract by Proposer, its agents, representatives, employees or Subcontractors as detailed in Exhibit C.

Awarded Contractor shall maintain at its expense, until completion of performance and acceptance by City, from an insurer:

a. Admitted (licensed) in the State of California with a current financial responsibility rating of A (Excellent) or better and a current financial size category (FSC) of V (capital surplus and conditional surplus funds of greater than $10 million) or greater rating as reported by A.M.

Best Company or equivalent, unless waived in writing by City’s Risk Manager, or

b. Non-admitted in the State of California with a current financial responsibility rating of A (Excellent) or better and a current financial size category (FSC) of VIII (capital surplus and conditional surplus funds of greater than $100 million) or greater rating as reported by A.M. Best Company or equivalent, unless waived in writing by City’s Risk Manager.

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All coverage for Subcontractors shall be subject to the requirements stated herein and shall be maintained at no expense to LBPUD.

Awarded Contractor shall furnish LBPUD with certificates of insurance and original endorsements providing coverage as required above. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Before any of Awarded Contractor’s or Subcontractor’s employees shall do any Work, Awarded Contractor shall furnish LBPUD with the required certificates evidencing that such insurance is being maintained. Such certificates shall specify the date when such insurance expires. Such insurance shall be maintained until after the Work under the Contract has been completed.

Such insurance as required herein or in any other documents to be considered a part hereof shall not be deemed to limit Awarded Contractor’s liability under this Contract.

1. Awarded Contractor shall indemnify, protect and hold harmless the

Board, City, its Board, 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) Contractor’s breach or failure to comply with any of its obligations contained in this Agreement, 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 Contractor, its officers, employees, agents, subcontractors, or anyone under Contractor’s control, in the performance of work or services under this Agreement (collectively “Claims” or individually “Claim”).

2. Awarded Contractor shall list the name and location of the place of business of each Subcontractor who will perform work, labor or services for Awarded Contractor, or who specially fabricates and installs a portion of the Work or improvement in an amount in excess of one-half of one percent of Awarded Contractor’s total contract cost.

The Subcontractor list shall be submitted with Proposer’s Proposal.

4. RESPONSE REQUIREMENTS

By submitting a proposal, Contractor represents that it:

Has thoroughly examined and become familiar with the RFP.

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Is capable of performing in accordance with the RFP.

Acknowledges that its RFP is valid for six (6) months and the RFP cannot be withdrawn within that time.

Execution of Attachment I, Certification of Compliance, of this RFP shall constitute an agreement to all terms and conditions specified in the RFP; including without limitation, the Exhibit C contract form and all terms and conditions therein, except such terms and conditions that the Contractor expressly excludes.

The following information requested will be used to evaluate the Contractor’s proposal based on the criteria outlined in Section 5, Evaluation of Proposals. Contractors may be deemed non-responsive, if they do not respond to all items listed in A through N, below.

Proposals must be prepared simply and economically, providing a straightforward, concise description of methodology and approach to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis.

Contractor’s proposal shall be clear, accurate and comprehensive. Excessive or irrelevant materials will not be favorably received.

Proposal shall be organized in separate sections tabbed with corresponding numbers and related headings in the order presented below:

A. Executive Summary Letter B. Validity of Proposal C. Certificate of Insurance D. References E. Primary Contractor Information F. Staffing and Key Personnel G. Experience H. Subcontractors I. Work Plan/Methodology J. LBPUD Supplied Items/Service K. Cost Proposal/Fee Schedule L. Financial Information M. Professional Lab Services Sample(s) N. RFP Checklist Attachments (Exhibit E)

A. Executive Summary Letter

This letter shall be a brief formal letter from Contractor that provides information regarding the firm and its ability to perform the requirements of this RFP. Emphasize those aspects of your organization and experiences that distinguish your firm from other firms who may respond to this RFP. The letter must be signed by an individual authorized to bind the proposing entity or by the two corporate officers authorized to bind the proposing entity as set forth in the California Corporations Code and shall identify all materials and enclosures

Professional Lab Services RFP 11 | P a g e being forwarded in response to this RFP. An unsigned proposal submission may be grounds for rejection.

B. Validity of Proposal

Responses to this RFP shall be valid for a minimum of six (6) months. Submissions not valid for at least six (6) months will be considered non-responsive. The Contractor shall state the length of time for which the submitted proposal shall remain valid.

C. Certificate of Insurance

Contractor shall state herein the willingness and ability to provide the required insurance coverage and Acord insurance form at the time of award. Insurance requirements are listed in Exhibit C. The Long Beach Public Utilities Department shall request the actual Acord insurance form when recommendation for award is made.

D. References

Contractor shall submit a minimum of three (3) references from clients for whom Contractor has completed projects of similar size and scope within the last five (5) years. At least one of the references must be a Public Utility organization or wastewater agency. Special consideration will be given to any and all Public Utility references provided. Contractor shall provide a brief description of the services provided to each reference and how the experience with these organizations will benefit LBPUD. Information provided for each reference shall include:

a. Client name;

b. Services provided;

c. Project timeline (starting and ending);

d. Contract Amount;

e. Staff assigned to reference engagement that will be designated for work per this

RFP;

f. Client project manager name, e-mail, and telephone number.

E. Primary Contractor Information

Contractor must provide a company profile. Information provided shall include:

Company ownership. If incorporated, the state in which the company is incorporated and the date of incorporation. An out-of-state Contractor must register with the State of California Secretary of State before a contract can be executed (https://bizfileonline.sos.ca.gov/search/business). See Attachment V.

Location of the company offices.

Location of the office servicing any California account(s).

Number of employees both locally and nationally. Specify the number of full-time and part-time employees residing in Long Beach.

Location(s) from which employees will be assigned.

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Name, address and telephone number of the Contractor’s point of contact for a contract resulting from this RFP.

Company background/history and why Contractor is qualified to provide the services described in this RFP.

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

Resumes for key staff to be responsible for performance of any contract resulting from this RFP

F. Staffing and Key Personnel

Provide herein qualifications, experience, technical knowledge, and any required certifications of firm and key personnel. Contractor shall provide herein, the necessary information to demonstrate that the Contractor, or its principals, has been an established and experienced laboratory testing service for drinking water, waste water soil and sludge.

In this section, identify the Contractor’s designated Project Manager and describe their qualifications as they relate to the requirements in this RFP, as well as any other relevant management team support members.

G. Experience

Provide herein three project summaries that have been completed within the last five (5) years that emphasize those requirements outlined in the scope of work/requirements.

Include the date, client name, project title, description of work performed, contract period, and identify current or on-going projects.

H. Subcontractors

Contractor shall submit herein a list of any subcontractors they intend to contract with to meet the requirements of this RFP.

Does this proposal include the use of subcontractors?

Yes ______ No ______ Initials _______

If “Yes”, Contractor must:

1. Identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractors will perform services.

2. Provide the same information for any subcontractors as is indicated in section F.

Primary Contractor Information Section.

3. References must also be provided for any proposed subcontractors.

4. LBPUD requires that the awarded Contractor provide proof of payment of any subcontractors used for this service. Proposals shall include a plan by which LBPUD will be notified of such payments.

5. Primary Contractor shall not allow any subcontractor to commence work until all insurance required of subcontractor is obtained.

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6. 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 subcontractors has read and will agree to abide by the awarded Contractor’s obligations.

I. Work Plan/Methodology

Contractor shall describe its approach to meeting the RFP’s overall requirements, including internal quality control procedures and policies to monitor performance. The Contractor will also explain in detail how it will accomplish the items specified in the Scope of Work in Exhibit A. A project schedule reflecting the project approach and identified due dates shall be made a part of the proposal.

The Contractor shall demonstrate proven experience in Professional Lab Services, with a commitment to adhering to the project timeline and maintaining clear, consistent communication. Contractors are encouraged to provide concise proposals that explain the Contractor’s approach and ability to carry it out to the benefit of LBPUD. Their approach ensures the work is completed efficiently and in compliance with RFP requirements.

J. Long Beach Public Utilities Department Supplied Items/Services

Contractor shall identify herein any items, services, or requirement necessary for successful completion of this service that LBPUD must provide for Contractor.

K. Cost Proposal/Fee Schedule

Submit a Cost Proposal and Fee Schedule.

Exhibit B, Cost Proposal and Fee Schedule, provides complete details.

L. Financial Information

If selected, Contractor may be requested to submit a complete financial statement for the two most recent years, prepared in accordance with generally accepted accounting principles. The financial statement must include a balance sheet and income statement.

Contractor must be prepared to substantiate all information shown. Contractor must indicate herein Contractor’s willingness to provide this information.

M. Professional Lab Services Sample(s)

As part of the proposal submission, please include a sample report for Professional Lab Services. This sample should clearly illustrate the format, content, and level of detail that LBPUD can expect to receive.

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N. RFP Checklist Attachments

Submit herein all required documents as specified in Exhibit E, RFP Checklist, and Attachments section.

5. EVALUATION OF PROPOSALS

Proposals shall be evaluated on the basis of the responses to all questions and requirements in this RFP. The evaluation of a Contractor’s ability to provide the required services will be based on the written material submitted and any interviews, presentations and proficiency testing that may be required of the Contractor. Each proposal will be competitively evaluated on its strengths and weaknesses against the following criteria listed below.

5.1 Proposals shall be consistently evaluated based upon the following criteria as outlined in Section 4, Response Requirements:

CATEGORY POINTS

1. APPROACH 40

Work Plan Operational Approach & Management Staffing Levels & Availability Related to Contract Requirements Equipment

Company Policies

2. EXPERIENCE 30

Performance on Like-Sized/Similarly-Scoped Contracts/References Training & Staff Expertise

Required Certifications

3. PRICE 30

Cost Proposal Reasonableness of Cost

TOTAL POSSIBLE SCORE: 100 Points

5.2 Proposals will be evaluated by the committee to ensure compliance with submission guidelines, response criteria, and minimum requirements. Proposals that fail to meet the minimum requirements may be considered non-responsive and disqualified from further consideration. LBPUD reserves the right to request clarification on any terms or conditions from prospective Contractors.

5.3 The Department reserves the right to award contracts to multiple Contractors.

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5.4 LBPUD shall not be obligated to accept the lowest priced proposal but shall make an award in the best interests of LBPUD after all factors have been evaluated.

5.5 Proposals will become public record after a contract award is submitted to the Board of

Public Utilities Commissioners or designee for approval, unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Contractor may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Contractor thereby agrees to indemnify and defend LBPUD for honoring such a designation. The failure to label any information that is released by LBPUD shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

5.6 LBPUD reserves the right to request clarification of any proposal term from prospective

Contractors.

5.7 Proposals that appear unrealistic in 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.

5.8 LBPUD may also contact the references provided; contact any Contractor to clarify any response; contact any current users of a Contractor’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.

5.9 Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.

5.10 Any contract resulting from this RFP shall not be effective unless and until approved by the City of Long Beach Board of Public Utilities Commissioners or designee.

5.11 LBPUD reserves the right to negotiate final contract terms with any Contractor selected.

Negotiations regarding agreement terms, conditions, scope of work, and pricing may begin at this time. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If satisfactory agreement provisions cannot be reached, then negotiations may be terminated.

LBPUD reserves the right to negotiate to contact another firm submitting an RFP or withdraw the RFP.

6. NEGOTIATIONS

Negotiations regarding agreement terms, conditions, scope of work, and pricing may begin at the time the selected Proposer(s) is notified in writing. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless and until an agreement is reached. If satisfactory agreement provisions cannot be reached, then negotiations may be terminated.

LBPUD reserves the right to negotiate with another firm submitting an RFP or withdraw the RFP. This negotiation sequence continues until agreement is reached.

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7. QUALIFICATIONS OF CONTRACTORS

Proposer shall have a minimum of five (5) consecutive years of recent experience in performing the services described in this Request for Proposals (RFP). Proposer shall be fully qualified by ability, knowledge, and experience to satisfactorily perform the work required in this RFP, and shall be engaged in the business of providing Professional Lab Services by the use of its own trained and qualified employees and equipment, material, and supplies, except as specified in this RFP. The Awarded Contractor shall be fully licensed to perform the services required under this Contract.

It is preferred for this experience to have involved a service area of similar size and scope as that of the LBPUD. However, experience with service areas half the size of the City, at a minimum, and with similar scope is acceptable.

8. BASIS OF AWARD

Any Agreement resulting from this RFP will be awarded to the Contractor whose proposal is most advantageous to the Department as defined by their total evaluation score, interview results (if any), and the outcome of the final negotiations.

LBPUD may award a single contract embracing all RFP services or separate contracts each embracing one or more RFP service or include or exclude RFP services from the Contract if LBPUD believes it is in their best interest.

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

9. COMMENCEMENT OF SERVICES

The services requested in this RFP will commence upon issuance of a Notice to Proceed.

10. CONTRACTOR ORIENTATION MEETING

Awarded Contractor may be required to attend an orientation meeting prior to the commencement of the contract.

11. LEGAL DISCLOSURE

Contractor shall disclose claims made by it or any of its owners against the LBPUD, the City or any other public agency over the previous five (5) years, and may provide relevant detail regarding each claim. The Contractor shall disclose all pending claims and litigation to which it is a party, including the case number, jurisdiction, and current status of the action.

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Each Contractor 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 that involves the Contractor or in which the Contractor has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. LBPUD reserves the right to reject any proposal based upon the Contractor’s prior history with the Department 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.

12. CONFLICT OF INTEREST

Contractor represents and warrants that no City employee whose position in the City enables him/her to influence the award of the Contract or any competing Contract, and no spouse or economic dependent of such employee is or shall be employed in any capacity by the Contractor herein, or does or shall have any direct or indirect financial interest in this Contract.

13. ADDENDUM (IF APPLICABLE)

During the advertising period an addendum may be issued, which includes changes and/or additions to the original RFP. Contractors shall acknowledge the receipt of the addendum by signing and returning with their RFP. Proposers that do not include a posted Addendum with their RFP may be deemed non-responsive and their RFP may be rejected. Addendum submittal may not be accepted after the RFP due date.

Addendums will be posted online at https://longbeachbuys.buyspeed.com/bso/ under the RFP number and via email request to Utilities Procurement Representative listed on the cover page.

14. FUTURE AMENDMENTS

The LBPUD reserves the right to change any portion of the work required, add/or delete services or amend such other terms and conditions, which may become necessary. Any such revisions shall be accomplished by an amendment to the Contract approved by LBPUD and executed by the Contractor and LBPUD.

15. CONTRACTORS LICENSE AND PERMITS

Contractor shall possess all of the following:

15.1. Contractor shall be licensed to do business within the City of Long Beach and shall meet the Labor Standards for each employee as set forth by the California Industrial Relations Department.

15.2. All permits and licenses necessary to perform the scope of work shall be obtained by the Contractor at the Contractor's expense. Contractor shall pay all taxes properly assessed against any equipment or property used or required.

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15.3. Contractor shall give all notices necessary and incidental to the due and lawful performance of the Services. All cost thereof shall be deemed to be included in the prices proposed for the Services.

15.4. Each Proposer shall hold a valid state of California ELAP certification lab sufficient to qualify as contractor in this case, a current city of Long Beach Business License and any other required permits or licenses at the time the proposal is submitted and throughout the duration of the contract. Failure to complete license information may disqualify the Proposer.

15.5 Proposers shall provide LBPUD with proof of compliance with all applicable permitting and licensing laws, including but not limited to, copies of all permits and licenses.

Proposers shall maintain in good standing all applicable licenses and permits related to the services and shall immediately notify LBPUD of any change in the status, or the terms or conditions, of any permit or license thereof.

15.6 Awarded Contractor(s) and/or its subcontractor(s) shall maintain said license during the entire term of the Contract. A copy of the license shall be included with the RFP.

16. BUSINESS LICENSE

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. For more information, go to www.longbeach.gov/finance/business_license.

In accordance with Municipal Code (Section 3.80.210) a business license is required under the following conditions:

(a) If you are providing a service in Long Beach, CA

(b) If you are providing and delivering a product in Long Beach, CA

For more information, contact the Business License Section at 562-570-6211 or by e-mail to lbbiz@longbeach.gov.

Long Beach Business License Number:

(Only Required Upon Notification of Award)

Awarded Contractor(s) must have a valid Long Beach Business License prior to contract execution. At the time of Quote submittal, a Long Beach Business License is not mandatory;

however, if the Contractor has already filed, information may be submitted above.

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17. WARRANTY/MAINTENANCE AND SERVICE

Awarded Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken; that the product of such labor shall yield only first-class results; that all materials and equipment provided shall be of high quality; that the work performed will be completed, of high quality, without defects; and that all work strictly complies with the requirements and scope of work of this RFP. Any work not strictly complying with the requirements and scope of work of this RFP shall constitute a breach of the Contractor’s warranty, which may invoke deductions.

18. HAZARDOUS MATERIALS

Use of any chemicals or hazardous materials by the Awarded Contractor in performing services shall be subject to approval of LBPUD, and shall be used in accordance with the manufacturer's directions and specifications. The Awarded Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject.

The Awarded Contractor shall not dispose of hazardous material on any LBPUD site. All hazardous materials shall be properly stored on a temporary basis, thereafter to be disposed of by the Contractor at a properly licensed disposal site.

The Awarded Contractor shall defend, indemnify and hold harmless LBPUD, its officials, employees and agents for all claims, demands, damage, causes of action, loss, liability, cost or expense relating to the Awarded Contractor's failure to comply with this Section.

19. ENVIRONMENTAL REQUIREMENTS

The Awarded Contractor shall conduct all aspects of its operation in compliance with all state and federal environmental laws and regulations. The Awarded Contractor shall immediately inform LBPUD of any investigation, citation or legal action by any regulatory agency related to the Awarded Contractor's obligations under this Contract and shall defend, indemnify and hold harmless LBPUD, its officials, employees and agents from any loss including, but not limited to fines, penalties and corrective measures the City may sustain by reason of the Contractor's failure to comply with any state or federal law, regulation or rule.

Stormwater Management and National Pollutant Discharge Elimination Program

(NPDES)

Regulations: Awarded Contractor shall conduct all aspects of the Work in accordance with all state and federal laws and regulations, including but not limited to all environmental laws and regulations, Order No. 99-060 of the California Regional Water Quality Control Board, Los Angeles Region ("Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the City of Long Beach"), and related Best Management Practices (BMPs) that the City and its contractors must adhere to. These procedures contain pollution prevention and source control techniques to minimize the impact of activities upon dry-weather urban runoff, storm water runoff, and water quality.

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Order No. 99-060 is available on the City’s website and related BMPs are on file in the office of the City's Director of Public Works, which is located at 333 West Ocean Blvd. in the City of Long Beach. The Contractor hereby acknowledges that it has read, reviewed and understands the Order and the BMPs as they relate to the Work and hereby agrees to perform the Work in conformance therewith. LBPUD will deduct from the money due or to become due to the Contractor the total amount of any fines levied on LBPUD, plus legal and staff costs, as a result of the Contractor's failure to comply with these provisions. In addition, the Contractor shall defend, indemnify, and hold LBPUD harmless for any liability, loss, damage, fines, penalties, actions, costs and expenses related to the Contractor’s (or its subcontractors) failure to comply with these laws and regulations.

20. COST

The Cost Proposal is to be a separate document but shall be submitted together with the Work Plan.

22.1 Proposer shall provide pricing for the services listed in Exhibit B that may be required during the term of this agreement.

22.2 Pricing must include all labor, equipment, materials, and supplies, in order to fully satisfy the Scope of Work/Requirements of this Request for Proposals.

22.3 Proposer must provide detailed fixed prices, including all costs associated with the responsibilities and related services indicated herein. Clearly specify the nature of expenses anticipated and the amount of each category for expenses.

22.4 LBPUD will not consider payment or reimbursement for any cost/fees/expenses not included in Proposer proposal. Proposer must itemize any cost/fees/expenses that Proposer may request reimbursement or payment.

22.5 The cost proposal shall include and specify the Proposer’s labor, indirect costs, and any subcontractor costs. The cost proposal shall relate in such a way that LBPUD can understand the hours, costs, and work associated with each team member.

22.6 The fee to be paid to the Proposer will be made at the Proposer’s established billable rates for the staff hours and expenses actually accrued in producing the required services, up to a maximum fee to be established through negotiations.

22.7 Billable rates shall not include mark-ups on reimbursable items; no additional payment will be made for those items. LBPUD will neither reimburse the Awarded Contractor for mileage, nor for the use of computer equipment.

22.8 All subcontractor fees and costs shall not include mark-ups and will be reimbursed on an actual-cost basis. LBPUD will not reimburse for a subcontractor’s mileage, office supplies, overhead expenses, or for the use of computer equipment.

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22.9 Primary contractor shall not allow any subcontractor to markup expenses, nor shall the Primary Contractor markup subcontractor fees or out of pocket expenses. LBPUD shall only pay for subcontractor’s reimbursable expenses on an actual-cost basis.

22.10 The City does not warrant or guarantee that the total contract amount will be reached or that any specific amount of work will be authorized during the term of the contract.

22.11 Proposer shall provide the proposed percentage increase in cost during each renewal period. Price increases shall not exceed the most recent available month for the Los Angeles-Riverside-Orange County, CA Consumer Price Index (CPI) for All Urban Consumers for non-labor.

21. BILLING & INVOICING

21.1. Proposer shall include a sample of invoices with their proposal.

21.2. LBPUD will pay invoices in due course, usually no more than thirty (30) days after receipt of the invoice, providing that all work performed during the preceding month has been in accordance with the awarded contract, and that applicable documentation has been submitted in accordance with the Contract.

21.3. The Contractor shall submit invoices to LBPUD Accounts Payable, 1800 E. Wardlow Rd., Long Beach, CA 90807, or WaterFinance@LBWater.org.

21.4. Statements shall be itemized as to work actually performed. Bi-monthly, quarterly, semi-annual, and annual services shall not be prorated and will not be paid in advance.

22. RECORD RETENTION, INSPECTION AND AUDIT

22.1. City, State and Federal representatives shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, time card, or other records relating to work hereunder. The Contractor shall retain such material, including all pertinent costs, accounting, financial records and proprietary data, for a period of five

(5) years after termination or expiration of the Contract.

22.2. The LBPUD shall have the right to conduct, at any reasonable time, an audit and re -audit of the books, records, and business conducted by the Contractor, and observe the operation of the business so that accuracy of the above records and any of the Contractor's invoices for services provided can be confirmed. LBPUD reserves the right to require the Contractor to provide additional reports and recordkeeping processes as LBPUD deems reasonable in order to verify the Contractor's services and invoices for same. All information obtained in connection with LBPUD inspections of records or audit shall be treated as confidential information and exempt from public disclosure thereof to the extent possible under the law.

22.3. If authorized representatives of LBPUD conduct an audit of the Contractor regarding the services provided hereunder and if such audit finds that LBPUD liability for such

Professional Lab Services RFP 22 | P a g e services is less than the payments made by LBPUD to the Contractor, then, at LBPUD discretion, either 1) the Contractor shall immediately repay to LBPUD the overpayment, or (2) LBPUD will give to the Contractor credit against any future payments due to the Contractor.

23. RIGHTS IN TECHNICAL DATA

If the scope of work requires the production of technical data, no material or data prepared by the Contractor under this RFP is to be released by the Contractor to any other person or entity except as necessary for the performance of the Work. The originals of all letters, documents, reports and other products and data produced under this RFP shall become the property of LBPUD without restriction or limitation on their use and shall be made available upon request to LBPUD at any time. Original copies of such shall be delivered to LBPUD upon completion of the Work or termination of the Work. Contractor shall be permitted to retain copies of such items for the furtherance of its technical proficiency; however, publication of this material is subject to the prior written approval of LBPUD. The provisions of this paragraph shall survive termination or expiration of the Agreement and/or final payment thereunder.

24. OWNERSHIP OF REPORTS AND DOCUMENTS

If the scope of work requires the production of written materials, the originals of all letters, documents, reports and other products and data produced under this Agreement shall be delivered to and become the sole and exclusive property of LBPUD. Copies may be made for Contractor’s records but shall not be furnished to others without prior written authorization from LBPUD. Such deliverables shall be deemed works made for hire, and all rights in copyright therein shall be retained by LBPUD.

25. CONTRACTOR’S ONSITE PERSONNEL

25.1. Each Awarded contractor’s personnel performing services under these specifications shall be a regular employee of the Contractor. During all services completed on LBPUD sites, Awarded Contractor's employees shall be attired in clean, neat appearing, and well fitted uniforms bearing Awarded Contractor's identification and shall have in their possession an identification card with photograph identifying them as an employee of the Awarded Contractor.

25.2. Awarded Contractor shall provide appropriate work uniforms for all personnel at the

Awarded Contractor’s expense to ensure LBPUD safety and other regulatory compliance requirements. Uniforms must be worn at all times while performing work at LBPUD facilities. Uniforms shall all be the same color. The name of the company must appear on the uniform. The company name shall appear on both front and rear. Each employee shall have a picture identification nametag with the company name, employee name, and employee number visibly pinned on front of the employee’s uniform at all times.

25.3. The identification badge shall be displayed on the front of the employee's uniform at all times. Awarded Contractor accepts and understands that any employee who fails to

Professional Lab Services RFP 23 | P a g e meet this requirement may be asked to leave LBPUD property with no recourse toward compensation for time or material lost on the contract, to the Awarded Contractor, or to the Awarded Contractor’s employee. It is expressly understood that the Awarded Contractor is responsible to ensure that all of its employees possess and carry valid photo identification at all times on LBPUD property.

25.4. The full-time personnel shall be capable of effectively communicating in the English language. Awarded Contractor shall provide means for LBPUD to contact any Awarded Contractor employee while on duty (i.e.,…