RFP CM-26-735 Generator and Equipment Rental Services.pdf

Generator and Equipment Rental Service | RFP - CM-26-

735 | Template v3.14.25 | 1

City of

Long Beach Request for Proposals RFP - CM-26-735

Generator and Equipment Rental Service

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

Overview

Summary

The City of Long Beach (City), acting through its Office of Special Events & Filming, desires to engage one or more qualified Generator and Equipment Rental

Service firm(s) for citywide events. The request is not for a specific project, and the services will be required on an “as-needed” basis.

Key Dates

Release Date: August 19, 2026

Questions Due to the City: 11:00 AM (PT), September

2, 2026

Proposals Due: 11:00 AM (PT), October 1, 2026

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

Rachel Yos 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 file:///C:/Users/casinoh/Downloads/longbeachbuys.com https://forms.office.com/Pages/ResponsePage.aspx?id=wxE_MWhCak-NO8fmUBg-eJhZqE0zY4JHucmtLMnWlxRUMzlJTVpROTNONUpZQ0tPMzVIQU5WQkk2Uy4u mailto:rfppurchasing@longbeach.gov 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 Engagement 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

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1 The Opportunity

1.1 Engagement Summary

The City of Long Beach (City), acting through its Office of Special Events & Filming, is seeking proposals from one or more qualified Generator and Equipment Rental Service firm(s) to provide power for Citywide events. Proposed engagements must include but are not limited to rental, delivery, and pick-up of required rental equipment. The selected firm(s) will be required to work closely with City staff during all phases of event planning and execution.

1.2 Background

The Office of Special Events & Filming is a bureau within the City Manager’s Department, responsible for permitting, coordinating, and overseeing all Special Events and Film productions that take place on public property or in the public right-of-way.

Major responsibilities include:

• Permitting & Approvals: Issuing permits for special events (e.g. parades, festivals, community events), film shoots, neighborhood block parties, and other public gatherings.

• Policy & Compliance: Establishing and enforcing policies, insurance, safety, and operational requirements for permitted events and filming, ensuring that organizers comply with city regulations.

• Coordination & Support: Liaising with various City departments (Public Works, Police, Fire, Parks, Recreation and Marine, etc.), handling logistical support such as street closures, staging, utilities, and crowd control.

• Community Engagement & Oversight: Balancing event and filming activity with community impact, ensuring transparency, managing public feedback, and minimizing disruptions to neighborhoods.

• Ancillary Programs: Administering complementary permits and programs, including the Pole Banner program, occasional activity/block party permits, and park events.

Due to the volume of special events the City produces on a scheduled and as needed basis, there is a need for an accessible and affordable generator and equipment rental service.

With increasing demand for high-quality public events and film productions, the Office of

Special Events & Filming must evolve its support systems accordingly. Investing in a more robust generator and equipment rental service strategy will foster equity, efficiency, and excellence in the City's event landscape.

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1.3 Goals

As part of the City’s initiative to grow events and entertainment, the City has continued to expand its list of Citywide special events ranging from community-oriented events to large-scale concerts, festivals, and parades. The firm(s) selected will be responsible for supporting the Office of Special Events & Filming in ensuring availability and timely delivery of rental equipment needed for planned events.

The selected firm(s) must provide reliable, high-performance generator units tailored to the specific power needs of the site, with timely delivery, installation, and removal. Additionally, the service must include regular maintenance, 24/7 technical support, and rapid response to service calls to minimize downtime. The objective is to secure a dependable partner capable of delivering scalable power solutions and heavy equipment rentals that meet all safety, environmental, and regulatory standards, while maintaining cost efficiency and operational excellence.

1.4 Award Terms

Any 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 City may award to one or more firms. The City does not guarantee a minimum contract amount will be reached.

2 Scope of Work

2.1 Description of Services

The selected firm(s) shall provide comprehensive generator and equipment rental services to support the temporary power needs of the events produced by the Office of Special

Events & Filming. Services shall include the delivery, installation, operation, maintenance, monitoring, and removal of portable generators and heavy equipment. The scope of work includes the following tasks:

1. Temporary Power Services Equipment Provision

• Supply generators ranging in size from 3 kW to 180 kVA to meet varying site power demands.

• Provide appropriate ancillary equipment, including power distribution panels, cabling, transfer switches, and fuel tanks.

• Ensure all equipment complies with local, state, and federal safety and environmental regulations.

2. Heavy Equipment Rental Equipment Provision

The Awarded Contractor shall provide safe operating condition and comply with applicable safety regulations rental equipment including but not limited to:

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• Scissor lifts

• Light towers

• Forklifts

• Utility vehicles (e.g., Kubotas, Gators)

• Trash trailers or similar event‑support equipment

3. Delivery & Installation

• Coordinate the delivery time and set up of generators/heavy equipment at the specified locations.

• Ensure proper placement, connection, and grounding of units.

• Perform initial system testing and commissioning to verify proper operation.

4. Fuel Management

• Provide initial fuel and ongoing fuel replenishment throughout the rental period.

• Monitor fuel levels and schedule timely refueling to prevent service interruption.

• Comply with all applicable fuel storage and handling requirements.

5. Maintenance & Monitoring

• Conduct regular preventative maintenance on generators/heavy equipment per manufacturer guidelines.

• Provide day-of monitoring and technical/service support for troubleshooting and performance issues.

6. Removal & Site Restoration

• Upon completion of the rental period, promptly disconnect and remove all equipment.

• Restore the site to its original condition, ensuring removal of any debris or residual materials.

7. Compliance & Insurance

• Adhere to all applicable safety, environmental, and permitting requirements.

• Maintain appropriate insurance coverage, including general liability and workers’ compensation, for the duration of the contract.

• The City expects the selected firm(s) to provide professional, reliable, and timely services that support the safe, efficient, and successful execution of City events.

APPENDICES

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

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 8 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 TARGET DATA SOURCE

1. On-Time

Delivery

Measures whether generators and equipment are delivered and installed by the scheduled deployment time.

95% of deployments delivered on or before scheduled time.

Delivery logs, site check-in reports.

2. Equipment

Uptime

Tracks the percentage of time the generator/heavy equipment is fully operational and provides uninterrupted power.

99% uptime per generator/heavy equipment during operational period

System performance logs, maintenance records

3. Preventative

Maintenance

Compliance

Tracks completion of required preventative maintenance per manufacturer specifications and contract terms.

100% of scheduled maintenance completed on time

Maintenance logs, technician checklists

4. Fuel

Management

Accuracy

Ensures accurate and timely fuel deliveries based on site usage, avoiding outages or overfills.

98% of fuel deliveries made before reaching critical levels

Fuel level monitoring system, delivery receipts

5. Site Restoration

Quality

Evaluates the condition of the site following generator removal, ensuring

100% of sites restored to pre-installation condition

Site inspection reports, close-out documentation

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 9 no damage or leftover debris.

2.2.2 Contract Management

Implementation of the contract will be a collaborative partnership between the Office of

Special Events & Filming and the Awarded Contractors. City staff will work closely with the

Awarded Contractor(s) to plan, coordinate, and execute successful events, with the City providing oversight and support throughout. Regular meetings will be held during planning phases, increasing in frequency as event dates approach. These meetings will include key staff from the Office of Special Events & Filming, as needed, and the Awarded Contractor’s project team. Communication will also continue through email and phone to address real-time needs. This proactive and open communication approach will help identify challenges early, support timely adjustments, and ensure all goals are met efficiently and collaboratively.

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

• At least 3 years mandatory experience providing similar services as highlighted on this RFP

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

1. Organizational Capacity & Experience

• Demonstrated experience with similar contracts, particularly in municipal or emergency service contexts

• Staff qualifications, certifications, and technical expertise

30%

2. Method of Approach

• Proposed service delivery plan and timeline 40%

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• Fuel management and refueling strategy

• Maintenance and repair protocol

• Contingency and emergency response planning

• Environmental and safety compliance

3. Communications & Reporting

• Proposed methods for real-time issue reporting and escalation

• Data tracking, reporting frequency, and sample performance reporting formats

20%

4. Reasonableness of Cost 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 that do not permit that application of local preferences.

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date August 19, Questions due to the

City

11:00 AM,

Septembe r 2, 2026

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

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Posting of the Q&A Septembe r 17, 2026

• Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00 AM

(PT),

October 1,

• 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

Septembe r -

October

• An Evaluation Committee will review Narrative

& Cost Proposals to select the proposal(s) 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.

Interviews/ Demos/

Site Visits

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

Negotiation &

Contractor Selection

TBD • 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 file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com mailto:LBPurchasing@longbeach.gov

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 12 reached and before final approval by the awarding body.

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:

• Itemization: Proposers itemize based on unit cost, outcomes, or outputs. It is important that we understand how much staff are being paid, equipment, and service costs to evaluate proposals.

• Time Period: If possible, please break down costs per event

(organized per scale), or monthly.

• Format: Proposers to submit their Cost Proposal in excel.

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

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☐ 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

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.

☐ D. W-9

☐ E. Business License

☐ F. Proof of Registration with the California Secretary of State

☐ G. Certificates of Insurance: See Section 5.3 Contract Terms & Conditions

☐ 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

Proposers should develop a narrative proposal that includes all of the following information.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Proposer

Company Name

Company Address

Federal Tax ID Number

Website

Authorized

Representative

Name

Title

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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 Proposer?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

Please describe why the Proposer is qualified to provide the services described in this RFP

(1-2 paragraphs).

Describe the length of time the Proposer has been providing services similar to those described in this RFP. Include the number of years of experience and brief summary of relevant service areas.

Provide an example of a comparable contract completed within the last three years including client name, event size, and services provided.

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

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

Provide an overview of how the Proposer will staff and manage the services described in this RFP. Include the names and titles of key personnel assigned to the engagement

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 15 and the approximate percentage of time each will dedicate to the contract. (Limit response to 1–2 paragraphs; resumes may be included as attachments.)

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

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SUB-CONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

☐ Yes

☐ No

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

Proposer 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 Proposer?

☐ 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?

Please describe why the Proposer is qualified to provide the services described in this RFP

(1-2 paragraphs).

Please describe the length of time the

Proposer has been providing the services described in this RFP (1-3 sentences).

have nationally, locally, and residing in Long

Beach?

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Please describe the length of time the

Proposer has been providing the services described in this RFP (1-3 sentences).

have nationally, locally, and residing in Long

Beach?

Provide an overview of how the subcontractor will staff and manage the services described in this RFP. Include the names and titles of key personnel assigned to the engagement and the approximate percentage of time each will dedicate to the contract. (Limit response to 1–2 paragraphs;

resumes may be included as attachments.)

Method of Approach

1. Provide a brief summary of your proposed solution for providing generator and equipment rental services to support the temporary power needs of the Office of

Special Events & Filming. Include the key features and capabilities of your approach.

2. Describe the logic model for how your proposal will ensure reliable, safe, and compliant power delivery at event sites. How will your approach achieve the target outcomes outlined in the RFP, such as timely delivery, proper installation, fuel management, and site restoration?

3. Summarize your proposed workplan, including timelines for key milestones such as equipment delivery, installation, ongoing monitoring, maintenance, and removal. Highlight how your plan ensures continuity of service and adherence to safety and regulatory requirements.

4. Describe how your proposal will provide, install, maintain, monitor, and remove generators and heavy equipment to meet varying power demands, ensure safety

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 18 and regulatory compliance, manage fuel, provide technical support, maintain insurance coverage, and adapt to changing site conditions or schedules.

5. Describe the operational, technical, and legal risks associated with providing temporary power services including equipment failure, fuel handling, compliance, and scheduling challenges and explain how your proposal will mitigate or manage them.

6. Describe what support, coordination, or resources your firm will require from the

City of Long Beach to successfully implement any contract.

Communications & Reporting

1. Describe the methods your firm will use to monitor and evaluate performance under any contract. Include the types of data you collect to assess service quality, timeliness, and operational efficiency. Explain how this data will be used to ensure continuous improvement and maintain service standards during events.

2. Describe how employees working the events will be supervised. Include information about the roles, management structure, and procedures for ensuring staffing during events.

3. Explain how this firm will communicate and coordinate with City staff throughout the planning and execution of events.

4. Describe how this firm will work with other stakeholders to ensure smooth operations and maintain professionalism.

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

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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, City Manager Department, Office of

Special Events and Filming

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

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 20 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.

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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 any 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

Proposer or prospective Proposer.

17. No attempt may be made at any time to induce any Awarded Contractor 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 any 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

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 22 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 Proposer elects to use subcontractors, the City requires that the Awarded

Contractor provide proof of payment of any subcontractors used for this engagement. 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 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

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 23 contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any 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.

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 24

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 any contract, Contractor shall procure and maintain at Contractor’s expense for the duration of any 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 with an additional insured endorsement naming the City of

Long Beach and its departments, officials, officers, agents, and employees 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 Awarded

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.

mailto:membership_reporting@calpers.ca.gov

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 25

b. Workers’ compensation coverage as required by the Labor Code of the State of California and Employer’s liability insurance with minimum limits of One

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

c. If use of a vehicle is part of the scope of services, commercial automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06 92 in an amount not less than Five Hundred Thousand Dollars (US $500,000) combined single limit (CSL) covering Symbol 1 (“any auto”).

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

Any subcontractors which Awarded Contractor may use in the performance of any contract shall be required to indemnify the City to the same extent as the

Awarded Contractor and to maintain insurance in compliance with the provisions of this section.

Awarded 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 Awarded Contractor’s liability relating to performance under any 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

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 26 as a limitation on liability or as full performance of the indemnification provisions of any 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 any Contract, including any obligations arising from the

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 any 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 http://www.longbeach.gov/finance/business_license

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 27 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 any

Contract.

5.4 Additional Requirements

Not applicable.

5.5 Protest Procedures

Who May Protest

Only a Proposer who has actually submitted a proposal is eligible to protest a contract awarded through a Request for Proposals (RFP). A Proposer may not rely on the protest submitted by another Proposer but must pursue its own protest.

Time for Protest

The City will post a notice of the intent to award a contract at least ten (10) business days before an award is made. The notice will be available to all Proposers who submitted a

Generator and Equipment Rental Service | RFP - CM-26-735 | Template v3.14.25 | 28 proposal via the City’s electronic bid notification system at http://www.longbeach.gov/purchasing. A Proposer desiring to submit a protest for a proposal must do so within five (5) business days of the electronic notification of intent to award. The City Purchasing Agent must receive the protest by the close of business on the fifth (5th) business day following posting of notification of intent to award the contract.

Proposers are responsible for registering with the City’s electronic bid notification system and maintaining an updated Contractor profile. The City is not responsible for Proposers’ failure to obtain notification for any reason, including but not limited to failure to maintain updated email addresses, failure to open/read electronic messages and failure of their own computer/technology equipment. The City’s RFP justification memo will be available for review by protestors once the notification of intent to award has been posted via the City’s electronic bid notification system.

Form of Protest

The protest must be in writing and signed by the individual who signed the proposal or, if the Proposer is a corporation, by an officer of the…