RFP AP-26-725.pdf

Rubber & Paint Removal on Airfield Pavements | RFP - AP-26-725 | Template v3.14.25 |

City of

Long Beach Request for Proposals RFP AP-26-725

Rubber & Paint Removal on Airfield Pavements

City of

Long Beach Request for Proposals RFP AP-26-725

Rubber & Paint Removal on Airfield Pavements

Rubber & Paint Removal on Airfield Pavements | RFP - AP- 26-725 | Template v3.14.25 | 1

Please read this entire document carefully as it contains important information essential to your proposal

Overview The City of Long Beach Airport is seeking qualified Contractors to perform Rubber & Paint Removal services on Airfield Pavements.

Key Dates Release Date: October 6, 2026

Mandatory Pre-Proposal Meeting: October 13, 2026, 9:00 AM (PST)

Mandatory Site Visit: October 14, 2026

Questions Due to the City: October 20, 2026 11:00

AM (PST)

Proposals Due: November 3, 2026 11:00 AM (PST)

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

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

Proposals must be submitted electronically via LongBeachBuys.com.

This is a competitive process, and the City intends to award the opportunity based on the information submitted in the proposal that best meets the needs of the City.

Official Contact Richard Peoples rfppurchasing@longbeach.gov All communication with the City related to this RFP must be directed to the contact listed above.

mailto:rfppurchasing@longbeach.gov

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Assistance & Resources For assistance using Long Beach Buys, please contact us directly

Customer Service Form rfppurchasing@longbeach.gov

(562) 570-6200

Additional support available for small businesses in Long Beach

BizCare BizCare staff connect business owners and nonprofit leaders to important resources and information, such as grants, loans, technical assistance, information on City policies, and more.

562-570-4BIZ (4249)

4Biz@longbeach.gov Request Assistance Form https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u https://longbeach.gov/economicdevelopment/business-development/bizcare-program/bizcare-request/ mailto:4Biz@longbeach.gov https://longbeach.gov/economicdevelopment/business-development/bizcare-program/bizcare-request/

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Contents

BizCare

1 The Opportunity

1.1 Project Summary

1.2 Background

1.3 Goals

1.4 Award Terms

2 Scope of Work

2.1 Description of Services

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

2.2.2 Contract Management

2.2.3 Contract Payment

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

3.3 Local Preference

4 Proposal Instructions & Content

4.1 Timelines & Instructions

4.2 Proposal Content

4.3 Narrative Proposal Template

5 Terms & Conditions

5.1 Acronyms/Definitions

5.2 Solicitation Terms & Conditions

5.3 Contract Terms & Conditions

5.4 Additional Requirements

5.5 Protest Procedures

1 The Opportunity

1.1 Project Summary

The City of Long Beach (City), as operator of the Long Beach Airport (Airport or LGB), is seeking the services of a highly qualified contractor to provide removal of accumulated aircraft tire rubber from Runway 12-30 on an on-call basis, approximately 4-8 times per year, and removal of rubber and paint in other areas as needed. Contractors shall have a minimum of five (5) years of experience in providing services requested herein, which are further defined under Section 2, Scope of Work.

The purpose of these specifications is to comply with Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5320-12C, Measurement, Construction, and Maintenance of Skid-Resistant Airport Pavement Surfaces.

1.2 Background

The Airport is a Department of the City. The Airport covers 1,166 acres of area and is centered between the major business and tourism areas of Orange and Los Angeles counties and has continued to serve as an economic engine for the region since 1923.

Aviation activities are located just north of Interstate 405 (I-405) and generally bound by Cherry Avenue to the west, City of Lakewood and Douglas Park to the north, and Lakewood Boulevard to the east. The Airport and surrounding area are in the City’s Airport Land Use District, which the zoning code designates as Planned Development (PD). Allowed uses within the District (PD-12) include areas for commercial storage, general industrial, light industrial, medium industrial, park or planned development.

The Airport is slot regulated and currently allocates 58 daily slots for air carrier operations. Currently, three major airlines (Southwest, Delta, and Alaska Air Group), along with smaller charter operators, are serving passengers at the Airport. In the calendar year 2025, the Airport served more than 3.8 million passengers. In addition to commercial operations, an aircraft maintenance center for corporate jets, two Fixed Base Operators (FBOs) and Cargo operator UPS also operate at LGB. Cargo operation handled over 36 million pounds of cargo in 2025, and combined with a healthy general aviation component, provided LGB with just over 340,000 aircraft operations.

Terminal

The existing Long Beach Airport terminal building (Terminal) was constructed in 1941 and was declared a local historic landmark in 1990. The existing 11-gate passenger concourse (Concourse) and passenger security-screening checkpoint (SSCP) were completed in 2012 as part of the first phase of the Terminal Area Improvements Program (TAIP).

The Airport is currently undergoing the second phase of the TAIP (Phase II), which generally focuses on the pre-security side and is intended to increase operational efficiency and improve the passenger experience at the Airport.

Airfield

LGB has three runways, including one primary commercial runway of 10,000 feet (Runway 12-30), a secondary air-carrier runway with a length of 6,192 feet, and a 3,918 ft long General Aviation runway. As a small hub airport with 12.5 million square feet of airfield pavement, LGB relies on the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) to ensure that the Airport continues to conform to existing and future demands, facilitates safe and efficient operations, and maintains FAA compliant airfield.

1.3 Goals

The goal of this RFP is to maintain a clear and clean runway from accumulated aircraft tire rubber and removal of rubber and paint in other areas as needed.

The goals of the RFP include, but are not limited to the following:

• Maintain runway safety, performance and compliance.

• Comply with Federal Aviation Administration (FAA) Advisory Circular (AC)

150/5320-12C, Measurement, Construction, and Maintenance of Skid- Resistant Airport Pavement Surfaces.

• Protect pavement integrity and prevent hazardous conditions.

1.4 Award Terms

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

The proposer’s fee schedule rates shall remain firm for the first two years of the contract. After the initial agreement term, Awarded Contractor(s) may request adjustment of the fee schedule at the start of each renewal period(s) only. Any adjustments to the fee schedule must be submitted and approved by the City at the beginning of each renewal period. Any proposed fee schedule increases shall be in accordance with the current Consumer Price Index (CPI). No fee schedule increases shall be greater than five percent (5%).

2 Scope of Work

2.1 Description of Services

The selected firm (“Contractor”) will perform the entire scope of work (“Scope of Services”) as detailed in Exhibit A - Additional Terms and Conditions/Scope of Services, including all related exhibits/appendices which break down Service Areas and the appropriate level for each of the identified areas.

APPENDICES

Appendix 1: Cost Proposal Form Exhibit A: Scope of Services/Additional Terms and Conditions Exhibit B: Airport Rules and Regulations

Exhibit C: Federal Required Contract Provisions for Non-Airport Improvement Program (AIP) Contracts Pro-Forma Agreement: Non-Design

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

The table below highlights the targets that will be tracked and reviewed collaboratively with the Awarded Contractor during the contract. This list is an indication of the performance metrics of interest to the City, and is not exhaustive or final. As a part of a response to this RFP, Proposers may propose additional or alternative performance metrics to be tracked on a regular basis. The final set of performance metrics and frequency of collection will be negotiated by the successful Proposer and the City prior to the finalization of an agreement between parties, and may be adjusted over time as needed.

METRIC DESCRIPTION DATA SOURCE

1. Response Time Scheduling of work. Awarded

Contractor should acknowledge service request within 24 hours.

Telephone and email records.

2. Completion of Tasks Completing tasks in a timely manner, and maintaining clean, safe and accessible areas.

City staff inspection

3. Regulatory Compliance Following of Stormwater Pollution Prevention Plan (SWPPP) guidelines, Standard Specifications for Public Works Construction, Best Management Practices (BMPs) and all others laws, regulations, standards and internal policies included in this RFP.

Documentation and adherence

4. Safety and Friction Performance

Measuring before and after removal to confirm rubber and paint deposits have been reduced to acceptable levels.

Documentation and adherence

2.2.2 Contract Management

The Awarded Contractor is to work directly with the City representative to coordinate rubber and paint removal services. The Awarded Contractor shall designate a representative who can timely respond to communications via email and phone. The Awarded Contractor and City representative will meet upon contract award to discuss scheduling.

2.2.3 Contract Payment

The City of Long Beach issues payment based upon services rendered. After a contract is finalized and work is performed, the Contractor should invoice the City. The City will remit payment within 30 calendar days of being billed.

3 How We Choose

3.1 Minimum Qualifications

• Qualification to conduct business in the City

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

• Mandatory experience (necessary minimum experience or references)

• Minimum License requirement is a “C61” Limited Specialty with a D38 Sand/Water

Blasting. Contractor, Contractor’s Employees, and Contractor’s Subcontractors shall provide copies of all valid licenses. These licenses and certificates shall be kept up to date and current during the entire duration of the contract and must be presented upon request by any Federal, State, or Local Official. No Contractor, Contractor's

Employees and Contractor’s Subcontractors shall perform work on Equipment for Sites that require such licenses or certificates without said license/certificate being current and valid sufficient to qualify as the Contractor in this case; and will obtain all required permits.

• A current City of Long Beach Business License is not required at time of proposal submission, but is required by the time of contract execution with the Awarded Contractor.

• By submitting a proposal, each Proposer thereby declares that the Proposer is a Contractor, that has been in business for a minimum of five (5) years; and has a valid State of California Contractor’s License.

• Failure to provide requested information and/or documents may disqualify a proposal.

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA WEIGHT

1. Organizational Capacity & Experience

• Demonstrated competence in similar work

• Experience operating business at airports

• Experience operating proposed service

• Positive relationship with vendors

• Availability of key personnel

• Sustainability practices

• Financial stability

30%

2. Method of Approach

• Technical and financial requirements as specified in the RFP

• Demonstrated understanding of the requirements to successfully deliver services requested

• Use of proper equipment to perform services

40%

3. Communications & Reporting

• Demonstrated processes required to exchange information in a clear and understandable manner

• Invoicing in a timely manner

20%

4. Reasonableness of Cost

• Cost competitiveness

• Transparency of cost breakdown

10%

3.3 Local Preference

• The City shall apply five extra credit percentage points to all local businesses operating a home-based, residential business.

• The City shall apply ten extra credit percentage points to all local businesses operating a non-residential, commercial, brick-and-mortar business.

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

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

• The local preference does not apply to solicitations that are funded in full or in part by tidelands funds. The local preference may not apply to solicitations that are funded in full or in part by certain grant, federal or State of California funds.

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date October 6, Mandatory Pre- Proposal Conference

October 13, 2026, 9:00 AM

(PST)

Microsoft Teams: Join the meeting now ο Meeting ID: 278 801 775 219 925 ο Passcode: 9Zq9we7c ο Dail in by phone:

ο +1 213 279 1690 ο Phone conference ID: 213898107#

Mandatory Site-Visit

October 14, 2026

• In-person

• The Airport will make available two (2) one-hour time slots for the on-site job walk, starting at 7:00 a.m. through 9:00 a.m. on Wednesday, October 14, 2026. Each slot limited to one (1) or two (2) people per contractor maximum.

• Prospective proposers shall meet at 4135 Donald Douglas Dr., Long Beach, CA 90808.

https://teams.microsoft.com/meet/278801775219925?p=cYc87LtkHyzCHaLhaL

• Public Parking is available at Lot A & B. Please note: parking will not be validated.

• Proposers who attended the Pre-Proposal meeting must send a request to rfppurchasing@longbeach.gov to RSVP for available time slot, along with their name, contact information and 1st, 2nd, and 3rd preference. This should be done by October 13, 2026, 4:00 PM (PST).

Questions due to the City

October 20, 2026, 11:00 AM

(PST)

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

Posting of the Q&A October 27, 2026

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

Proposals due November 3, 2026, 11:00 AM

(PST)

• Proposals should be submitted electronically via LongBeachBuys.com.

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

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

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

The City will only receive proposals that were transmitted successfully.

o For technical support, email or call the City during normal business hours at LBPurchasing@longbeach.gov or (562) 570-6200.

Evaluation of Narrative & Cost Proposals

November

• An Evaluation Committee will review Narrative & Cost Proposals to select the proposal that best meets the needs of the City.

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

http://rfppurchasing@longbeach.gov mailto:LBPurchasing@longbeach.gov

Interviews November

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

Negotiation & Contractor Selection

November

December

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

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

• Negotiations shall be confidential and not subject to disclosure to Public Records Act requests unless and until an agreement is reached.

Estimated Contract Execution

TBD

Proposer Debrief After Contractor is Selected

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

4.2 Proposal Content

Complete proposals will include the following. Proposers are encouraged to use this table as a checklist to ensure all components are included in their proposal. Please note proposals that are NOT complete will NOT be considered for the opportunity and will be deemed nonresponsive.

PROPOSAL

☐ Narrative

Proposal The Narrative Proposal should provide a straightforward, concise delineation of capabilities to satisfy the RFP. Guidance on preparing a Narrative Proposal is detailed in Section 4.3.

☐ Cost Proposal The Cost Proposal should be prepared using the attached Appendix 1 Cost Proposal Form. The cost proposal should outline the rates for the proposed contract period (2 years).

PROPOSAL APPENDICES

☐ Financial

Stability Proposers should include one or more of the following financial statements to provide the City with enough information to determine financial stability of the Proposer and subcontractor.

• Financial Statement or Annual Report

• Business tax return

• Statement of income and balance sheet

☐ Other Addenda (if applicable)

Colored displays, promotional materials, and other collateral are not necessary or desired. However, if a complete response cannot be provided without referencing supporting documentation, it may be provided as an addendum clearly cited in the Narrative or Cost Proposal.

MANDATORY ATTACHMENTS | The following are included as Attachments in Long Beach Buys. They must be signed by the individual legally authorized to bind the Proposer.

☐ A. Authorization & Certification ☐ B. Equal Benefits Ordinance (EBO) Form ☐ C. Local Preference Program ☐ D. Proof of registration with the California Department of Industrial Relations Attachments Which May be Submitted Upon Award | Upon award, Awarded

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

☐ E. W-9 ☐ F. Business License ☐ G. Proof of Registration with the California Secretary of State ☐ H. Certificates of Insurance: See Section 5.3.2 ☐ I. Labor and Materials Bond ☐ J. Current Contractor’s State License Board print out ☐ Contact Information | Ensure your organization’s profile is up to date in Long Beach

Buys, including an email address, phone number, and for any classifications you may qualify for.

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

4.3 Narrative Proposal Template

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name Company Address Federal Tax ID Number DIR Number expires:

California Contractor’s License No:

expires:

Website

Authorized Representative

Name Title Email Address Phone Number

Other Point of Contact (if required)

Name Title Email Address Phone Number

PROPOSER CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation State and Date of incorporation:

☐ Limited Liability Company

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

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

How many employees does the organization have in total and residing in Long Beach?

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

Provide the name of the principal or project manager in the firm who will have direct and continued responsibility for the contract. This person will be the City’s contact on all matters dealing with the contract and will handle the day-to-day activities associated with contract services and for the duration of the contract.

Please provide a plan of overview for how the project will be staffed, including the percentage of time each employee will be allocated to the project, and the names and titles of principles. For each, please a name, title, and resume either as an attachment or 1 paragraph description.

Identify those services that will be outsourced to a sub-contractor. Proposer will be responsible for verifying the experience, qualifications and validity of all licenses, permits, and copyrights for any outsourced work to sub-contractors.

REFERENCES

Reference 1

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

Reference 2

Company Project Manager Phone Number Project Description

Reference 3

Project Manager Phone Number

Project Description

Reference 4

Project Manager Phone Number Project Description

Reference 5

Project Manager Phone Number Project Description

SUB-CONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

☐ Yes ☐ No

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

Organization Company Name Company Address

Authorized Representative

Name Title Email Address Phone Number

Other Point of Contact (if required)

Name Title Email Address Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation State and Date of incorporation:

☐ Limited Liability Company

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

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

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

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

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

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

Organizational Capacity & Experience

1. Describe why your organization is qualified to provide the services described in this RFP by providing 1 to 3 detailed examples of your organization’s successful implementation of rubber and paint removal services on airfield pavements for comparable airports to Long Beach Airport.

• Describe the length of time your organization has been providing the services described in this RFP (1 paragraph per example you referenced above).

2. Describe the service model and operational strategy your firm will use to achieve the goals highlighted in this RFP.

3. Describe the organizational and management structure of your organization. In addition, provide the number of personnel including employees, interns, members and volunteers. Please include the number of employees that reside in Long Beach, if any.

Method of Approach

1. Briefly summarize your proposed solution (how will you implement the required tasks referenced in Exhibit A Scope of Services / Additional Terms and Conditions.

2. Describe your logic model on how your organization will achieve target goals referenced in Exhibit A Scope of Services / Additional Terms and Conditions as they relate to:

• Response time to work order(s)

• Response time to emergency work order(s)

• Proposed number of staff

• Proposed number and type of equipment

3. Evaluate your organization’s ability to mitigate risks in the service area(s). In addition, include your organization’s safety standards, and protocols that address those referenced in Exhibit A Scope of Services / Additional Terms and Conditions.

4. Describe what your organization will need from the City to successfully implement the contract.

Communications & Reporting

1. How will your organization report its performance to the City and coordinate with the City to meet objectives?

2. What is your proposed work plan (schedule, staff and equipment/vehicles)? How will employees responsible for service delivery be supervised?

3. In the event of an emergency, describe your organization’s ability to quickly demobilize and establish communication with both and airport staff to coordinate next steps and completion of work.

4. The City requires that the Awarded Contractor provide proof of payment of any subcontractors used for this project. If the proposal includes subcontractors, please describe the plan for how the City will be notified of such payments.

5 Terms & Conditions

5.1 Acronyms/Definitions

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

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

3. Contractor / Proposer: Organization/individual submitting a proposal in response to this RFP.

4. Department / Division: City of Long Beach, Airport

5. Evaluation Committee: An independent committee comprised solely of representatives of the City established to review proposals submitted in response to the RFP, evaluate the proposals, and select a Contractor.

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

7. RFP: Request for Proposals.

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

9. Should: Indicates something that is recommended but not mandatory. If the Proposer fails to provide recommended information, the City may, at its sole option, ask the Proposer to provide the information or evaluate the proposal without the information.

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

5.2 Solicitation Terms & Conditions

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

2. The City reserves the right to request clarification of any proposal term from Proposers.

3. The City may contact the references provided; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

4. The level and term of documentation required from the Proposer to satisfy the City will be commensurate with the size and complexity of the contract and Proposers should submit accordingly. If the information submitted by the Proposer, or available from other sources, is insufficient to satisfy the City as to the Proposer’s contractual responsibility, the City may request additional information from the Proposer or may deem the proposal non-responsive.

5. The City reserves the right to waive informalities and minor irregularities in proposals received.

6. The City reserves the right to reject any or all proposals received prior to contract award.

7. The City’s determination of the Proposer’s responsibility, for the purposes of this RFP, shall be final.

8. Unless otherwise specified, the City prefers to award to a single Contractor but reserves the right to award contracts to multiple contractors.

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

10. If the City receives a single responsive, responsible proposal, the City may request an extension of the proposal acceptance period and/or conduct a price or cost analysis on such proposal. The Proposer shall promptly provide all cost or pricing data, documentation and explanation requested by the City to assist such analysis. By conducting such analysis, the City shall not be obligated to accept the single proposal.

The City reserves the right to reject such proposal or any portion thereof.

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

12. Proposals must include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements and the Proposer’s standard contract language. The omission of these documents may render a proposal non-responsive.

13. Alterations, modifications or variations to a proposal may not be considered unless authorized by the RFP or by addendum or amendment.

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

15. Proposals may be withdrawn by written notice received prior to the proposal opening time.

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

17. No attempt may be made at any time to induce any firm or person to refrain from submitting a proposal or to submit any intentionally high or noncompetitive proposal.

All proposals must be made in good faith and without collusion.

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

19. The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing the proposals or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City.

20. In the event a Proposer received assistance from City staff or a representative of the City (technical assistance provider), the City is not responsible for any mistakes, inaccuracies, delays, or any other impact that the assistance provided did to impact the Proposer’s final product. Available technical assistance support services are only intended to provide advice and does not constitute a basis for any protest to this contract opportunity. It is solely the Proposer’s responsibility to prepare and submit a response to the RFP.

21. Proposal will become public record after the Notice of Intent to Award has been posted and the protest period has closed unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

22. A proposal submitted in response to this RFP must identify any subcontractors, and outline the contractual relationship between the Proposer and each subcontractor.

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

23. If the Contractor elects to use subcontractors, the City requires that the Awarded Contractor provide proof of payment of any subcontractors used for this project.

Proposals shall include a plan by which the City will be notified of such payments.

24. Each Proposer must adhere to the City’s Vendor Code of Conduct, including, but not limited to, disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed.

The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. The Vendor Code of Conduct can be found at https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023

25. Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

26. The City reserves the right to negotiate final contract terms with any Proposers selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the Awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023 https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023 modifications and clarifications to the Awarded Contractor’s proposal, and the Awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

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

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

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

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

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

32. Proposals shall be kept confidential until the Notice of Intent to Award has been posted and the protest period has closed.

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

Proposers are advised that any contract awarded pursuant to this procurement process that exceeds $100,000 shall be subject to the applicable provisions of Long Beach Municipal Code Section 2.73 et seq, the Equal Benefits Ordinance.

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

35. Independent contractors or employees of a third-party employer who are CalPERS retirees are subject to provisions of the Government Code. A CalPERS retiree is an employee of a CalPERS employer who terminates active employment and receives a monthly CalPERS retirement allowance. Any individual qualifying as a CalPERS retiree doing business as an independent contractor or employee of a third- party employer is required to submit a CalPERS determination to ensure the services provided are considered that of a true independent contractor position. All third-party employers are required to notify any individual they are having work for the City of Long Beach of this requirement. You may reach out directly to CalPERS at membership_reporting@calpers.ca.gov for a determination.

5.3 Contract Terms & Conditions

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

2. The Awarded Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Work on the contract shall not begin until after the Awarded Contractor has submitted acceptable evidence of the required insurance coverages. As a condition precedent to the effectiveness of this contract, Contractor shall procure and maintain at Contractor’s expense for the duration of this contract from an insurance company that is admitted to write insurance in the State of California or that has a rating of or equivalent to an A:VIII by A.M. Best and Company the following insurance:

a. Commercial general liability insurance equivalent in coverage scope to ISO CG 00 01 10 93 naming the City of Long Beach and its officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO CG 20 10 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of activities or work performed by or on behalf of the Contractor in an amount not less than One Million Dollars (US $1,000,000) per occurrence and Two Million Dollars (US $2,000,000) in general aggregate. Such insurance shall not exclude coverage for liability resulting from cross liability protection. Such insurance shall not exclude XCU (explosion, underground, and collapse) perils, sudden and accidental pollution and cleanup liability, or mobile equipment.

b. Workers’ compensation coverage as required by the Labor Code of the State of California and Employer’s liability insurance with minimum limits of One mailto:membership_reporting@calpers.ca.gov

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

c. If use of a vehicle is part of the scope of services, commercial automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06 92 in an amount not less than Two Million Dollars (US $2,000,000) combined single limit (CSL) covering Symbol 1 (“any auto”) and that specifically does not exclude vehicles permitted access to restricted airside zones.

d. For Contracts whose total costs <= $ 10 million, umbrella liability (In excess of liability coverages as delineated otherwise in the Contract) in an amount not less than Four Million Dollars ($4,000,000) per claim covering the services provided pursuant to this Contract should be provided.

For Contracts with costs > $10 million to <= $ 25 million or any projects airside, umbrella liability (In excess of liability coverages as delineated otherwise in the Agreement) in an amount not less than Nine Million Dollars ($9,000,000) per claim covering the services provided pursuant to this Contract should be provided.

For Contracts with costs > $ 25 million, umbrella liability (In excess of liability coverages as delineated otherwise in the Agreement) in an amount not less than Fourteen Million Dollars ($14,000,000) per claim covering the services provided pursuant to this Contract should be provided.

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

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

Contractor shall deliver to City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. “Claims-made” policies are not acceptable unless City Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. If a “Claims-made” policy is accepted, it must provide for an extended reporting period of not less than three (3) years. Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this contract. City reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval of City Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this contract.

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

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

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

Awarded Contractor’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code Section 1770 et seq. or (2) negligent or willful acts, errors, omissions or misrepresentations committed by Awarded Contractor, its officers, employees, agents, subcontractors, or anyone under Awarded Contractor’s control, in the performance of work or services under this Contract (collectively “Claims” or individually “Claim”).

6. In addition to Awarded Contractor’s duty to indemnify, Awarded Contractor shall have a separate and wholly independent duty to defend Indemnified Parties at Awarded Contractor’s expense by legal counsel approved by City, from and against all Claims, and shall continue this defense until the Claims are resolved, whether by settlement, judgment or otherwise. No finding or judgment of negligence, fault, breach, or the like on the part of Awarded Contractor shall be required for the duty to defend to arise. City shall notify Awarded Contractor of any Claim, shall tender the defense of the Claim to Awarded Contractor, and shall assist Awarded Contractor, as may be reasonably requested, in the defense.

7. If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, Awarded Contractor’s costs of defense and indemnity shall be (1) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified Parties.

8. Any requests for reasonable price adjustments must be submitted 60 days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be justified based upon verifiable criteria such as the Consumer Price Index, US City Averages, or other relevant indices.

9. If the Awarded Contractor elects to use subcontractors, Awarded Contractor agrees to require its subcontractors to indemnify Indemnified Parties and to provide insurance coverage to the same extent as Awarded Contractor.

10. If the Awarded Contractor elects to use subcontractors, the Awarded Contractor shall not allow any subcontractor to commence work until all insurance required of subcontractor is obtained.

11. The provisions of this section shall survive the expiration or termination of this Contract.

12. CALIFORNIA WAGE RATE REQUIREMENTS: This project is a public work under Labor Code § 1720 et seq. Pursuant to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California, the Director of Public Works of the City by and on behalf of the City Council has obtained from the Director of the Department of Industrial Relations of the State of California the general prevailing rate of per diem wages, and the general prevailing rate of holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type of workers needed to perform the Work. Copies of prevailing rate of per diem wages are on file in the office of the City Engineer, 5th floor, City Hall, 411 West Ocean Boulevard, Long Beach, California 90802, and shall be made available upon request. Copies may also be obtained on the California Department of Industrial Relations website http://www.dir.ca.gov/dlsr. This project will be subject the 2026-2 prevailing wage rate, as determined by the Director of the Department of Industrial Relations for the State of California. The Contractor to whom the Contract is awarded, and its subcontractors is directed to pay not less than the general rate of per diem wages for each craft, classification, or type of worker needed to execute the contract.

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

13. DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) COMPLIANCE: This project is subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].