REQUEST FOR PROPOSAL FOR

ARC FLASH STUDY OF ALL OFFSITE FACILITIES

UD-26-348

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.

mailto:CentralProcurement@lbutilities.org

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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 CONSULTANTS

8. BASIS OF AWARD

9. LEGAL DISCLOSURE

10. CONFLICT OF INTEREST

11. ADDENDUM (IF APPLICABLE)

12. FUTURE AMENDMENTS

13. CONSULTANTS LICENSE AND PERMITS

14. BUSINESS LICENSE

15. COST

16. BILLING & INVOICING

17. RECORD RETENTION, INSPECTION AND AUDIT

18. RIGHTS IN TECHNICAL DATA

19. OWNERSHIP OF REPORTS AND DOCUMENTS

20. CONSULTANT’S ONSITE PERSONNEL

21. SECURITY OF FACILITIES

22. SAFETY

23. DAMAGE CAUSED BY CONSULTANT/ EXISTING FACILITIES AND

STRUCTURES

24. DEFAULT BY CONSULTANT

25. CHANGES IN SERVICE/ ADDITIONAL WORK

26. OTHER CONTRACTS

27. ATTORNEY FEES AND COST

28. WAIVER

29. TERMS, CONDITIONS AND EXCEPTIONS

EXHIBIT A: SCOPE OF WORK

EXHIBIT B: PROTEST PROCEDURES

EXHIBIT C: PRO-FORMA AGREEMENT

EXHIBIT D: RFP CHECKLIST

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

ATTACHMENT VI: SAMPLE FEE SCHEDULE

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The City of Long Beach is excited to announce Long Beach Buys as their new bid portal 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 consulting firms/organizations to provide ARC FLASH STUDY OF ALL OFFSITE FACILITIES at various locations. Proposals are requested from experienced, qualified, and licensed firms, as detailed in the Request for Proposals (RFP).

The LBPUD provides three primary utility services to nearly 500,000 residents and businesses, including: a) the unfailing delivery of high quality, delicious drinking water, b) the safe delivery of natural gas (including to Signal Hill), and c) reliable sewer services. To support these essential services, LBPUD operates and maintains a variety of offsite facilities, including sewer lift stations, groundwater wells, reservoirs, and other miscellaneous facilities.

LBPUD is preparing to conduct an arc flash study for all applicable offsite facilities to evaluate electrical system safety, support regulatory compliance, and establish consistent arc flash documentation across these sites. The study will include review of available electrical records, utility coordination, electrical system modeling, short-circuit analysis, protective device coordination review, equipment evaluation, and arc flash hazard analysis.

Exhibit A, Scope of Work, provides complete details.

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 Consultant 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 Consultant.

LBPUD Long Beach Public Utilities Department

May Indicates something that is not mandatory, but permissible.

https://longbeachbuys.buyspeed.com/bso/

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OSHA Occupational Safety and Health Administration

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

RFP.

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 Consultant fails to provide recommended information, the City may, at its sole option, ask the Consultant to provide the information or evaluate the proposal without the information.

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

3. SUBMITTAL INSTRUCTIONS

3.1. RFP Timeline (times indicated are Pacific Time)

DEADLINES DATE TIME

Question Submittal Thursday, August 27, 2026 11:00 AM

Answers to be posted on Long Beach Buys under Bid invitation

Thursday, September 3, 2026 3:00 PM

Bid Due Thursday, September 10, 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 Consultants.

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 Consultants 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.

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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 be submitted via the Long Beach Buys portal. Consultants must be registered with Long Beach Buys in order to submit a proposal. Registration can be complete at https://longbeachbuys.buyspeed.com/bso/. Registration is free for all Consultants 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”.

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. Consultants 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.

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

3.8. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the proposal and specific https://longbeachbuys.buyspeed.com/bso/ https://longbeachbuys.buyspeed.com/bso/ mailto:LBPurchasing@longbeach.gov https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&wdLOR=c713C83D7-4896-4449-9834-FB4A3401C10C https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&wdLOR=c713C83D7-4896-4449-9834-FB4A3401C10C https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u&wdLOR=c713C83D7-4896-4449-9834-FB4A3401C10C

ARC FLASH STUDY OF ALL OFFSITE FACILITIES RFP 6 | P a g e references made to the tab, page, section and/or paragraph where the supplemental information can be found.

3.9. Consultants are encouraged to carefully review this RFP, particularly Section 4, Response Requirements, and the RFP Checklist in Exhibit D 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 Consultants a Notice of

Amendment to address questions for clarification.

3.12. Consultant 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 Consultant’s standard contract language. The omission of these documents may render a proposal non-responsive.

3.15. If Consultant forms a joint venture, a copy of the joint venture agreement will be requested if Consultant 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 Consultant 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 Consultant’s proposal; and d) any other expenses incurred by the Consultant prior to the date of award and execution, if any, of the Contract.

3.17. Upon award of the contract, the Awarded Consultant will be required to submit insurance in accordance with the City of Long Beach’s Certificate of Insurance Requirements. This insurance requirements document will be provided separately at the time of award. Consultant shall not begin work until all required certificates and endorsements have been submitted and approved.

3.17.1. Awarded Consultant shall procure and maintain at Awarded Consultant’s expense for the duration of the Contract the insurance against claims for

ARC FLASH STUDY OF ALL OFFSITE FACILITIES RFP 7 | P a g e 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 Subconsultants as detailed in Exhibit C.

Awarded Consultant 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.

3.17.2. All Subconsultants performing professional services under this Contract must carry insurance meeting the same requirements applicable to the Consultant.

Proof of insurance may be required upon request.

Awarded Consultant 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 Consultant’s or Subconsultant’s employees shall do any Work, Awarded Consultant 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 Consultant’s liability under this Contract.

1. Awarded Consultant 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

ARC FLASH STUDY OF ALL OFFSITE FACILITIES RFP 8 | P a g e 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) Consultant’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 Consultant, its officers, employees, agents, Subconsultants, or anyone under Consultant’s control, in the performance of work or services under this Agreement (collectively “Claims” or individually “Claim”).

2. Awarded Consultant shall list the name and location of the place of business of each Subconsultant who will perform work, labor or services for Awarded Consultant, in an amount in excess of one-half of one percent of Awarded Consultant’s total contract cost. The Subconsultant list shall be submitted with Proposer’s Proposal.

4. RESPONSE REQUIREMENTS

By submitting a proposal, Consultant represents that it:

• Has thoroughly examined and become familiar with the RFP.

• Is capable of performing in accordance with the RFP.

• Acknowledges that its RFP is valid for six (6) months from the proposal submission deadline 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 Consultant expressly excludes.

The following information requested will be used to evaluate the Consultant’s proposal based on the criteria outlined in Section 5, Evaluation of Proposals. Consultants 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.

Consultant’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:

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

A. Executive Summary Letter

This letter shall be a brief formal letter from Consultant 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 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 Consultant shall state the length of time for which the submitted proposal shall remain valid.

C. Certificate of Insurance

Consultant 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

Consultant shall submit a minimum of three (3) references from clients for whom Consultant 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 water agency. Special consideration will be given to any and all Public Utility references provided. Consultant shall provide a brief description of the services provided to each reference and how the

ARC FLASH STUDY OF ALL OFFSITE FACILITIES RFP 10 | P a g e 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 Consultant Information

Consultant 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 Consultant 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.

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

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

• Length of time Consultant 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. The Consultant shall provide qualified personnel with demonstrated experience for five (5) or more consecutive years in performing electrical system studies, short-circuit analyses, protective device coordination reviews, equipment evaluations, and arc flash hazard analyses for utility, industrial, water, wastewater, or similar critical infrastructure facilities.

In this section, identify all key personnel proposed for the Project, including, at a minimum, the designated Project Manager, lead electrical engineer, arc flash/ power system study specialist, quality control reviewer, and any supporting technical staff. The proposal shall include each key person’s role, responsibilities, qualifications, professional licenses or https://bizfileonline.sos.ca.gov/search/business

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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. Subconsultants

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

Does this proposal include the use of Subconsultants?

Yes ______ No ______ Initials _______

If “Yes”, Consultant must:

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

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

Primary Consultant Information Section.

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

4. LBPUD requires that the awarded Consultant provide proof of payment of any

Subconsultants used for this service. Proposals shall include a plan by which LBPUD will be notified of such payments.

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

6. An official of each proposed Subconsultant must sign and include as part of the proposal submitted in response to this RFP a statement to the effect that the Subconsultants has read and will agree to abide by the awarded Consultant’s obligations.

I. Work Plan/Methodology

Consultant shall describe its approach to meeting the RFP’s overall requirements, including internal quality control procedures and policies to monitor performance. The Consultant 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 Consultant shall demonstrate proven experience in ARC FLASH STUDY OF ALL OFFSITE FACILITIES, with a commitment to adhering to the project timeline and maintaining clear, consistent communication. Consultants are encouraged to provide

ARC FLASH STUDY OF ALL OFFSITE FACILITIES RFP 12 | P a g e concise proposals that explain the Consultant’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

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

K. Fee Schedule

Proposers must submit a detailed Fee Schedule as part of their Proposal. The Fee Schedule, including Attachment VI, must be submitted at the time of the proposal and provide hourly rates and pricing for services. The Fee Schedule must:

• Be based on individual tasks, reflecting all elements described in this Request for Proposals.

• Identify the number of technical and professional personnel hours (project manager and key professionals) for each task or sub‑task.

• Use fully loaded billable rates with no markups on reimbursable items.

• List all subconsultant hours and subconsultant rates at actual cost, with no markups by either the Prime Consultant or subconsultants.

• Exclude reimbursement for mileage, office supplies, overhead, or computer equipment.

• Proposers must complete and submit Attachment VI: Sample Fee Schedule.

• The Fee Schedule will be used for Tasks detailed in the Scope of Work and any additional services authorized during the contract term.

General Pricing Conditions

• The City does not guarantee that the maximum contract amount will be used or that any optional work will be authorized.

• All pricing must remain valid for the duration specified in the RFP.

• Payment will be based on approved billable rates and actual hours worked, up to the negotiated maximum fee.

L. Financial Information

If selected, Consultant 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.

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

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M. RFP Checklist Attachments

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

N. Statement of Compliance

Submit herein the Statement of Compliance, as specified in Attachment I.

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 Consultant’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 Consultant. 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

Specific Methods/ Techniques Used & Management Project Understanding & Availability Related to Contract Requirements Project Schedule

2. EXPERIENCE 30

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

3. PRICE 30

Fee Schedule Reasonableness of Fees

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 Consultants.

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

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 Consultant may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Consultant 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 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.

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

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

5.9 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.

5.10 LBPUD reserves the right to negotiate final contract terms with any Consultant 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 Consultants 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 CONSULTANTS

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 ARC FLASH STUDY OF ALL OFFSITE FACILITIES by the use of its own trained and qualified employees and equipment, material, and supplies, except as specified in this RFP. The Awarded Consultant 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.

The study shall be signed and stamped by a professional electrical engineer, registered in the State of California, responsible for the studies.

8. BASIS OF AWARD

Any Agreement resulting from this RFP will be awarded to the Consultant 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. LEGAL DISCLOSURE

Consultant 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 Consultant shall disclose all pending claims and litigation to which it is a party, including the case number, jurisdiction, and current status of the action.

Each Consultant 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 Consultant or in which the Consultant 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 Consultant’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.

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10. CONFLICT OF INTEREST

Consultant 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 Consultant herein, or does or shall have any direct or indirect financial interest in this Contract.

11. ADDENDUM (IF APPLICABLE)

During the advertising period an addendum may be issued, which includes changes and/or additions to the original RFP. Consultants 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.

12. 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 Consultant and LBPUD.

13. CONSULTANTS LICENSE AND PERMITS

Consultant shall possess all of the following:

13.1. Consultant 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.

13.2. Consultant shall hold a current and valid Professional Electrical Engineering (P.E.)

license, registered in the State of California.

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

13.4. Consultant 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.

13.5. Each Proposer shall hold a current city of Long Beach Business License and any other required permits or licenses throughout the duration of the contract. A Long Beach Business License is not required at the time of proposal submittal, but must be obtained https://longbeachbuys.buyspeed.com/bso/

ARC FLASH STUDY OF ALL OFFSITE FACILITIES RFP 17 | P a g e prior to contract execution. 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 Consultant(s) and/or its Subconsultant(s) shall maintain said license during the entire term of the Contract. A copy of the license shall be included with the RFP.

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

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

15. COST

Refer to Section 4. K - Fee Schedule for information.

16. BILLING & INVOICING

16.1. Consultants shall include a sample of invoices with proposal.

http://www.longbeach.gov/finance/business_license mailto:lbbiz@longbeach.gov

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16.2. 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, inspected and accepted by LBPUD, and that applicable documentation has been submitted in accordance with the Contract.

16.3. The Awarded Consultant shall send an electronic invoice with each billing to the LBPUD Accounts Payable at the following email address:

WaterFinance@lbwater.org Bill to: LBPUD Accounts Payable,1800 E. Wardlow Rd., Long Beach, CA 90807

16.4. Monthly statements shall be itemized as to work actually performed per month. Bi-monthly, quarterly, semi-annual, and annual services shall not be prorated and will not be paid in advance.

17. RECORD RETENTION, INSPECTION AND AUDIT

17.1. 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 Consultant 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.

17.2. 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 Consultant, and observe the operation of the business so that accuracy of the above records and any of the Consultant's invoices for services provided can be confirmed. LBPUD reserves the right to require the Consultant to provide additional reports and recordkeeping processes as LBPUD deems reasonable in order to verify the Consultant'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.

17.3. If authorized representatives of LBPUD conduct an audit of the Consultant regarding the services provided hereunder and if such audit finds that LBPUD liability for such services is less than the payments made by LBPUD to the Consultant, then, at LBPUD discretion, either 1) the Consultant shall immediately repay to LBPUD the overpayment, or (2) LBPUD will give to the Consultant credit against any future payments due to the Consultant.

18. RIGHTS IN TECHNICAL DATA

If the scope of work requires the production of technical data, no material or data prepared by the Consultant under this RFP is to be released by the Consultant 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 mailto:WaterFinance@lbwater.org

ARC FLASH STUDY OF ALL OFFSITE FACILITIES RFP 19 | P a g e to LBPUD at any time. Original copies of such shall be delivered to LBPUD upon completion of the Work or termination of the Work. Consultant 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.

19. 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 Consultant’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.

20. CONSULTANT’S ONSITE PERSONNEL

Site visits by the Awarded Consultant are not anticipated as part of this study. However, if site visits are later determined to be necessary to meet study requirements, such visits shall be coordinated in advance, and LBPUD staff will accompany the Awarded Consultant and provide site access as required. In such case, the following bullet points shall apply.

20.1. During all services completed on LBPUD sites, Awarded Consultant's employees and any of its subcontractors shall be attired in clean, neat appearing, and appropriately well fitted professional attires, shall wear personal protective equipment (PPE) such as hard hats, steel toe boots, etc., as deemed necessary for safety precautions, and shall have in their possession an identification card with photograph identifying them as an employee of the Awarded Consultant.

20.2. The identification badge shall be displayed on the front of the employee's attires at all times. Awarded Consultant accepts and understands that any employee who fails to 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 Consultant, or to the Awarded Consultant’s employee. It is expressly understood that the Awarded Consultant is responsible to ensure that all of its employees possess and carry valid photo identification at all times on LBPUD property.

20.3. On-site personnel shall be capable of effectively communicating in the English language. Awarded Consultant shall provide means for LBPUD to contact any Awarded Consultant employee while on duty (i.e., cell phone).

20.4. Note that LBPUD will accommodate and provide access to all locations. Entry into and exit from LBPUD facilities by Awarded Consultant's employees shall be made at those locations designated by LBPUD. Any person who is not an employee of LBPUD, Awarded Consultant, or Subconsultant will not be admitted into the work area. All unattended exterior doors and gates shall remain locked at all times. Awarded Consultant’s personnel shall have the appropriate identification with them at all times.

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20.5. The Awarded Consultant’s or Subconsultant’s personnel are to check in with LBPUD

Operations staff upon the Consultant’s arrival and prior to departure upon each service completed. Upon completion of service, Awarded Consultant shall immediately return visitor badges to LBPUD, if given upon the arrival.

20.6. Where applicable, the Awarded Consultant shall be charged the actual cost for staff time, including police time, in responding to alarms set off by the Consultant, while in the process of entering or leaving the building.

20.7. Awarded Consultant's employees and any of its subcontractors must conduct themselves in a professional manner at all times in all buildings and throughout the facilities. Only Consultant-designated personnel will be allowed on the premises.

Workers are not permitted to bring friends or children onto the premise at any time.

20.8. When, in the opinion of LBPUD, an employee or subcontractor of the Awarded

Consultant is incompetent, disorderly, or otherwise unsatisfactory, LBPUD shall notify the Awarded Consultant of the basis of LBPUD's dissatisfaction, and that employee will be barred from LBPUD worksites and not allowed onto any LBPUD worksites without prior approval of LBPUD. Awarded Consultant shall provide an immediate replacement for that employee until the matter can be resolved. Replacement employee must adhere to all requirements specified in this RFP.

21. SECURITY OF FACILITIES

As mentioned in Section 20 - Consultant’s Onsite Personnel, if site visits are later determined to be necessary to meet study requirements, shall comply with all LBPUD security requirements, site access procedures, and staff directions while visiting any LBPUD facility.

Consultant personnel shall access only authorized areas and shall not interfere with facility operations, safety, or security protocols. Entry into and exit from LBPUD facilities by Awarded Consultant's employees shall be made at those locations designated by the LBPUD.

Awarded Consultant's employees may not bring in any form of weapons or contraband; and are subject to search. Only Awarded Consultant designated personnel will be allowed on the premises.

Under no circumstances shall a contracted employee bring children, spouses, relatives or friends to a City building during contracted working hours.

If given, Awarded Consultant shall be responsible for all keys provided by LBPUD for the Awarded Consultant's employees. Access to LBPUD buildings shall be in accordance with instructions, keys and/or security cards issued or provided by LBPUD. Access may include special instruction about security systems installed at buildings. The Awarded Consultant shall take all reasonable precautions to ensure that security of the buildings and internal equipment, furnishings and other items are maintained at all times. Awarded Consultant shall immediately recover all keys, security access cards, and/or identification badges issued to any employee that leaves the Awarded Consultant's employment or is reassigned to facilities other than

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LBPUD. All keys shall be returned to LBPUD upon expiration or termination of the Contract.

In the event of key loss or key stolen, the Awarded Consultant shall report all lost or stolen keys to LBPUD within twenty-four (24) hours after discovery of the loss. The Awarded Consultant shall reimburse LBPUD for the total cost, as determined by LBPUD, of re-keying the building or duplicating additional keys.

Upon expiration or termination of the Contract or when requested by the department, if Awarded Consultant fails to return or produce all keys, security access cards, and/or identification badges issued by LBPUD or evidence is found that said items have been reproduced without written authorization from LBPUD, Awarded Consultant shall pay all costs incurred by LBPUD to change locks at affected facilities and to replace all items thereby rendered obsolete.

California Penal Code 469 makes it a crime for a person to duplicate any keys without the permission of the owner. The penalty for violation of this law is charged as misdemeanor and is punishable by imprisonment for up to six (6) months imprisonment and/or up to $1,000.00 fine.

22. SAFETY

As mentioned in Section 20 - Consultant’s Onsite Personnel, if site visits are later determined to be necessary to meet study requirements, shall perform all work at the sites in such a manner as to meet all accepted standards for safe practices and to safely maintain stored equipment, materials or other hazards consequential or related to the work. The Consultant shall additionally accept the sole responsibility for complying with all City, State, Federal, or other legal requirements, including but not limited to compliance with applicable OSHA and CAL-OSHA Safety Orders. The Awarded Consultant shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All services provided, materials and equipment used shall be in accordance with acceptable industry standards.

23. DAMAGE CAUSED BY…