RFP FM 22-175 Fire Pumpers Final MK 12-20-22.pdf

Fire Engine Pumpers | RFP FM 22-175 | Template v8.12.22 | 1

City of

Long Beach Request for Proposals Number FM 22-175

Fire Engine Pumpers

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Overview

Summary

Fire Engine Pumpers – Seeking proposals for the purchase of 10 Fire Engine pumpers per attached specifications as normal scheduled replacements to the City of Long Beach fleet.

Key Dates

Release Date: 12/21/2022

Questions Due to the City: 3:00PM 1/11/2023

Proposals Due: 11:00AM 1/31/2023

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.

Official Contact

Michelle King 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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Contents

1 The Opportunity

1.1 Project Summary

1.2 Background

1.3 Goals

1.4 Award Terms

2 Scope of Work

2.1 General Description of Services

2.2 Contract Management

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

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 Project Summary

Seeking proposals for 10 Fire Engine Pumpers to include 9 standard pumpers and 1 rescue body pumper. Desired specifications to meet Long Beach Fire Department standards are included as attachments.

1.2 Background

The City of Long Beach (City) has its own in-house Fire Department consisting of numerous stations located throughout the City. This RFP is seeking proposals to replace a large portion of our current front-line fleet for emergency response.

The current front-line pumper fleet is beyond its useful life cycle and there is an immediate need to replace these units to ensure there is no lack of service to the public and mutual aid response status throughout the State. On-time delivery is critical for this project to reduce service downtime.

1.3 Goals

• Increase service delivery with new units

• Meet or exceed vendor stated delivery time frame

• Complete inspections on-time as listed in Performance Metrics (2.2.1)

1.4 Award Terms

The term of this contract will be from the date executed by both parties and until final fulfillment of all aspects of the contract specifications and issued purchase orders.

2 Scope of Work

2.1 General Description of Services

The City desires to engage a vendor with a collaborative approach to design and build a well-constructed, reliable, safe and operation appropriate updated pumper fleet consisting of 10 Fire Engine Pumpers to include 9 standard pumpers and 1 rescue body pumper. Desired specifications to meet Long Beach Fire Department standards are included as attachments.

Radio and Equipment Outfitting

Radio and equipment outfitting must be completed by 911 Vehicle, of Anaheim, CA as detailed in specifications (no exceptions). Complete specifications are included in

Appendix 1 (9 Fire Engine Pumpers) and Appendix 2 (1 Rescue Body pumper).

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2.1.2 General Design and Construction

a) The cab, chassis, pump module, and body are to be entirely designed, assembled, and painted by the prime vehicle manufacturer, which minimizes third party involvement on engineering, design, service, and warranty issues.

b) All proposers shall provide a list of the company, manufacturing location, and engineering source for each individual major component, including but not limited to the welded cab assembly, the pumphouse module assembly, the chassis assembly, body, and electrical system. Apparatus using any subcontracted cab, chassis, pump module, electrical system or body will not be acceptable.

c) The apparatus shall be designed with due consideration to distribution of load between the front and rear axles. Weight balance and distribution shall be in accordance with the recommendations of the National Fire Protection

Association.

d) The proposer shall make accurate statements as to the apparatus weight and dimensions.

2.1.3 Quality and Workmanship

a) All steel welding shall follow American Welding Society D1.1-2004 recommendations for structural steel welding. All aluminum welding shall follow

American Welding Society and ANSI D1.2-2003 requirements for structural welding of aluminum.

b) All sheet metal welding shall follow American Welding Society B2.1-2000 requirements for structural welding of sheet metal. Flux core arc welding to use alloy rods, type 7000, American Welding Society standards A5.20-E70T1.

Employees classified as welders are tested and certified to meet the American

Welding Society codes upon hire and every three (3) years thereafter.

c) The manufacturer shall be required to have an American Welding Society certified welding inspector in plant during working hours to monitor weld quality.

2.1.4 Delivery

a) 10 Fire Engine pumpers delivered ready for service.

b) All units will to be driven to 911 vehicle of Anaheim, CA from the factory to be outfitted.

c) Pre-delivery inspection (PDI) must be completed at awarded vendors local service facility before delivery to the City.

d) Final Delivery Location: City’s Fleet Services Bureau at 2600 Temple Ave, Long

Beach, Ca, 90806.

e) The City must be contacted for delivery appointment at least 48 hours prior, so staff is available for acceptance.

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f) To ensure proper break in of all components while still under warranty, apparatus shall be delivered under its own power - rail or truck freight is not acceptable.

g) A qualified delivery representative shall deliver the apparatus and remain for a sufficient length of time to instruct personnel in proper operation, care and maintenance of the equipment delivered.

2.1.5 Manuals and Service Information

a) The manufacturer shall supply at time of delivery, complete operation and maintenance manuals covering the complete apparatus as delivered and must include electronic (soft) copy.

b) A permanent plate shall be mounted in the driver’s compartment which specifies the quantity and type of fluid required including engine oil, engine coolant, transmission, pump transmission lubrication, pump primer and drive axle.

2.1.6 Safety Video

a) An apparatus safety video on a flash drive shall be provided at time of delivery.

Format and content to be worked out with City representatives prior to delivery, and City final approval required.

b) This video should address all key safety considerations for personnel to follow when they are driving, operating, and maintaining the apparatus. Safety procedures for the following should be included on the video: vehicle pre trip inspection, chassis operation, pump operation and maintenance.

2.1.7 Performance and test requirements

a) A road test shall be conducted with the apparatus fully loaded and a continuous run of ten (10) miles or more shall be made under all driving conditions, during which time the apparatus shall show no loss of power or overheating.

b) The transmission drive shaft or shafts, and rear axle shall run quietly and be free from abnormal vibration or noise throughout the operating range of the apparatus.

c) Vehicle shall adhere to the following parameters:

I. The apparatus, when fully equipped and loaded, shall have not less than 25 percent nor more than 50 percent of the weight on the front axle, and not less than 50 percent nor more than 75 percent on the rear axle.

II. The apparatus shall be capable of accelerating to 35 mph from a standing start within 25 seconds on a level concrete highway without exceeding the maximum governed rpm of the engine.

III. The service brakes shall be capable of stopping a fully loaded vehicle in 35 feet at 20 mph on a level concrete highway. The air brake system shall conform to Federal Motor vehicle Safety Standards (FMVSS) 121.

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a) The apparatus, fully loaded, shall be capable of obtaining a speed of 50 mph on a level concrete highway with the engine not exceeding the governed rpm

(full load).

2.1.8 Service and warranty support (Dealership)

a) To ensure full service after delivery, the selling proposer/dealership must be capable of providing service when required.

b) The proposer/dealership shall show that the company is in position to render prompt service and to furnish replacement parts.

c) Each proposer/dealership must be able to display that they are actively in the fire apparatus service business by operating in conjunction with a factory authorized service center and parts repository capable of satisfying the warranty service requirements and parts requirements of the vehicle(s) being purchased. Minimum in-stock parts inventory should be provided.

d) The proposer/dealership must state the location of this authorized service center.

This service center must have a staff of factory-trained mechanics, well versed in all aspects of service for all major components of the apparatus. The service center must be within 50 miles of the City’s Fleet Services Bureau, the final delivery location.

2.1.9 Service and Warranty Support (Manufacturer)

a) The manufacturer shall stock 1 million parts equating to $5,000,000 of inventory dedicated to service and replacement parts to ensure quick response and minimize down time. Furthermore, the manufacturer shall house the inventory in a dedicated facility, with a dedicated shipping area that ensures service parts are given priority. The proposer shall provide detailed documentation of service and replacement part resources.

b) Parts identification shall be provided to both the dealer and the City through an online web-based application for the specific truck reflected in this specification.

Access will be granted using the specific VIN number of the vehicle. The online web application will provide the ability to view complete bills of materials, digital photographs, parts drawings, assembly drawings, and access to all current operation, maintenance, and service publications.

c) The manufacturer must also maintain a 24 hour/ 7 day a week, toll free emergency hot line.

d) The manufacturer shall employ a staff of adequate size specifically dedicated to providing customer support and parts for the fielded fleet of vehicles it has produced.

e) The manufacturer must be capable of providing both in-house and on-site service for the apparatus.

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f) The manufacturer shall offer regional factory hands-on repair and maintenance training classes.

g) The manufacturer shall employ a minimum of four certified EVT technicians on staff, not only providing technical expertise in the repair of fire apparatus, but also demonstrating the commitment to service after the sale.

2.1.10 Single Source Manufacturer

a) A single source apparatus manufacturer is desired. The definition of single source is a manufacturer that designs and manufactures their products using an integrated approach, including the chassis, cab weldment, cab, pumphouse

(including the sheet metal enclosure, valve controls, piping, and operators’ panel) and body being designed, fabricated, and assembled on the proposer's premises.

b) The electrical system (hardwire or multiplex) shall be both designed and integrated by the same apparatus manufacturer. The warranties relative to these major components (excluding component warranties such as engine, transmission, axles, pump, etc.) must be from a single source manufacturer and not split between manufacturers (i.e., body, pumphouse, cab weldment and chassis).

c) The proposer shall state the location of the factory where the apparatus is to be built.

2.1.11 National Fire Protection Association (NFPA) Standards

• This unit shall comply with all current NFPA standards.

• Certification of slip resistance of all stepping, standing, and walking surfaces shall be supplied with delivery of the apparatus.

• All horizontal surfaces designated as a standing or walking surface that are greater than 48.00" above the ground must be defined by a 1.00" wide line along its outside perimeter.

• Perimeter markings and designated access paths to destination points shall be identified on the customer approval print and are shown as approximate.

• Actual location(s) shall be determined based on materials used and actual conditions at final build. Access paths may pass through hose storage areas and opening or removal of covers, or restraints may be required. Access paths may require the operation of devices and equipment

• A plate that is highly visible to the driver while seated shall be provided. This plate shall show the overall height, length, and gross vehicle weight rating.

• The manufacturer shall have programs in place for training, proficiency testing and performance for any staff involved with certifications.

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• An official of the company shall designate, in writing, who is qualified to witness and certify test results.

2.1.12 NFPA Compliancy

Apparatus proposed by the proposer shall meet the applicable requirements of the

National Fire Protection Association (NFPA) as stated in current edition at time of contract execution. Fire department's specifications that differ from NFPA specifications shall be indicated in the proposal as "non-NFPA".

2.1.13 Pump Test

a) The pump shall be tested, approved, and certified by Underwriter's Laboratory at the manufacturer's expense.

b) The test results and the pump manufacturer's certification of hydrostatic test; the engine manufacturer's certified brake horsepower curve; and the manufacturer's record of pump construction details shall be forwarded to the Fire Department.

2.1.14 Vehicle Inspection Program Certification

a) To assure the vehicle is built to current NFPA 1901 standards, the apparatus, in its entirety, shall be third-party, independent, audit-certified through Underwriters

Laboratory (UL) that it is built and complies to all applicable standards in the current edition.

I. The certification includes: all design, production, operational, and performance testing of not only the apparatus, but those components that are installed on the apparatus (no exception).

b) A placard shall be affixed in the driver's side area stating the third-party agency, the date, the standard, and the certificate number of the whole vehicle audit.

2.1.15 Inspection Trip(s)

a) The proposer shall provide sufficient factory inspection trips for the City team to ensure the trucks are built in line with City’s timeline and needs. We expect this to be 3-6 trips for 5 City Representatives. The inspection trip(s) shall be scheduled at times mutually agreed upon between the manufacturer's representative and the customer.

b) All costs such as travel, lodging and meals shall be the responsibility of the proposer.

c) Reasonable accommodations will be provided in accordance with the City's travel policy. Any expenses beyond requirements for travel, lodging and meals shall be the responsibility of the City. Awarded contractor will comply with the

City’s Gift Policy.

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2.1.16 Approval Drawing

a) A drawing of the proposed apparatus shall be provided for approval before construction begins.

b) The sales representative shall also have a copy of the same drawing.

c) The finalized and approved drawing shall become part of the contract documents. This drawing shall indicate the chassis make and model, location of the lights, siren, horns, compartments, major components, etc.

d) A "revised" approval drawing of the apparatus shall be prepared and submitted by the manufacturer to the purchaser showing any changes made to the approval drawing.

2.1.17 Final Drawing

a) There shall be a revised drawing of the apparatus with all the changes made during production provided at pickup.

b) This is a multiple unit order. The City shall receive 2 hard copy drawings total for the 9-truck order.

2.1.18 Drawing, Compartment Layout

A basic drawing shall be provided for the interior body compartments. This drawing shall be provided for graphic representation only and shall include such things as shelves, trays, reels, dividers, air control panels, air bottle storage bins, poly boxes & etc.

2.1.19 Electrical Wiring Diagrams

a) Three (3) flash drives containing "As-Built" electrical wiring diagrams specifically prepared for the chassis and body shall be provided. The diagrams shall consist of information pertaining to the 12 VDC systems only.

I. 2 flash drives shall be shipped with the loose equipment with each truck.

II. 1 flash drive shall be included with the job folder at apparatus builders’ facility for future reference.

b) All diagram files shall include the following capabilities:

I. The capability of viewing each separate diagram.

II. The capability of zooming in on any section of each separate diagram.

III. The capability of printing each separate diagram.

IV. The capability of printing each zoomed in area of each separate diagram.

c) Each flash drive shall include the following items:

I. Title page, identifying the job number and chassis model.

II. Table of contents.

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III. Truck specific electrical compartment and instrument layouts for the chassis.

IV. Truck specific electrical compartment layouts for the body.

V. Applicable drawings from the appropriate standard wiring diagrams.

VI. All truck specific wiring diagrams (special drawings).

VII. Harness drawings for all wiring harnesses used on the chassis.

VIII. Harness drawings for all wiring harnesses used on the body.

IX. All truck input and output programming sheets (multiplexed trucks only).

There shall be no hard copies of these diagrams required for this unit.

2.2 Contract Management

Contract Deliverables: All 10 pumpers must be delivered completely outfitted and ready for service within the agreed upon time period after receipt of the purchase order.

Please state delivery time frame in proposal.

APPENDICES

Nine (9) Fire Engine Pumpers, See Appendix A

One (1) Rescue Body pumper, See Appendix B

Communication and Management: The City will designate one point of contact from the Fleet services Bureau to make all final decisions and be the Contract Manager. The

City Team will consist of designated representatives from the Fleet Services Bureau and the Fire Department. This team will collaborate with designated vendor representative(s) to help ensure a smooth and quality project completion.

Performance Reports: Progress pictures and/or drawings with progress update e-mails shall be provided by vendor on a monthly basis. If any supply chain issues are relevant, they must be stated monthly.

Inspection Trips:

MEETING DESCRIPTION TARGET

1. Pre-

Construction

Meeting

Meeting to finalize exact specification prior to starting build process. Entire spec will be reviewed with representatives from Fleet and Fire

2 weeks from receipt of purchase order

2. Mid

Construction

Inspection

Factory inspection with City representatives to review and approve progress of builds at mid- point pre- paint

6-9 months after receipt of purchase order

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3. Final Inspection Factory Inspection with City representatives to review and approve final build of several units before they leave the factory for delivery to 911

Vehicle for outfitting.

9-12 months after receipt of purchase order

Contract Payment: The City 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. This purchase will be lease financed by the City and payments will be released per unit completion and proof of registration showing correct lien-holder information, only after the final inspection has been completed and the equipment delivered to the City

3 How We Choose

3.1 Minimum Qualifications

• Compliance with all current construction standards, including but not limited to, National Fire Protection Association (NFPA) Standards, Federal Motor vehicle

Safety Standards (FMVSS), and American Welding Society Standards

• Local dealership support within 50 miles of the City’s, Fleet Services, 2600 Temple

Avenue, Long Beach, CA 90806.

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

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA

1. Organizational Capacity & Experience

• Years in operation demonstrating a proven track record of safe, well-built equipment

• References

2. Method of Approach

• Reasonableness of Completion Commitment

• Quality of Materials and Construction

• Warranty

• Local Dealer Support Services

• Ability to meet specifications

3. Communications and Reporting

4. Reasonableness of Cost

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4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date 12/21/2022

Questions due to the

City

1/11/2023

3:00PM

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

Posting of the Q&A 1/18/2023 • Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 1/31/2023

11:00AM

• 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

1/31/23 to

2/03/23

• 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.

Interviews/ Demos/

Site Visits

2/8/23 • Additional information and/or viewing of previous equipment delivered as reference may be requested for final clarification

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

mailto:rfppurchasing@longbeach.gov file:///C:/Users/mmking/Downloads/LongBeachBuys.com file:///C:/Users/mmking/Downloads/LongBeachBuys.com file:///C:/Users/mmking/Downloads/LongBeachBuys.com mailto:LBPurchasing@longbeach.gov

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Negotiation &

Contractor Selection

02/15/23 • 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 competing

Contractors unless and until an agreement is reached.

Estimated Contract

Execution

4/1/23

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.

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 bid specification as well as providing all vendor specific specification sheets and additional data as necessary. Any deviations from desired specifications listed in Appendix A & B must be noted.

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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 completed and signed by the individual legally authorized to bind the Proposer.

☐ A. Appendix A – Specifications

☐ B. Appendix B – Specifications (Rescue)

☐ C. Authorization & Certification

☐ D. Equal Benefits Ordinance (EBO) Form

☐ E. Debarment, Suspension, Ineligibility and Voluntary Exclusion Certificate

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.

☐ F. W-9 Form

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

☐ H. Certificates of Insurance when requested by the City

☐ I. Business License (not required to submit bid, required upon award)

☐ 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.

4.3 Narrative Proposal Template

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

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Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Federal Tax ID Number

Website

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

PROPOSER CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other

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 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?

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Who are the key staff involved in the project? For each, please a name, title, and resume either as an attachment or 1 paragraph description.

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

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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?

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

Please describe the length of time the organization has been providing the services described in this RFP.

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?

Methods of Approach

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1. Please describe your proposed product.

2. Please explain the logic model for how you will achieve the target outcomes/outputs of the RFP.

3. Please summarize your proposed workplan with timelines for key milestones.

4. Please state how your proposal will meet the objective or criteria of this RFP.

5. Please outline what your company will need from the City to implement the contract successfully.

6. Please describe available local to Long Beach service and warranty support.

Communications & Reporting

1. Performance Reports: Please describe how you will provide performance updates, such as progress pictures and/or drawings, supply chain issues, etc.

2. Please explain how you will coordinate with the City to meet the objectives of the RFP.

3. 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 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, Financial Management, Fleet Services

Bureau

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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 may 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.

11. Any acronyms or terms used in the Scope of Work or Additional Requirements from

Funding Source.

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.

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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 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.

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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. Proposal will become public record after the award of a contract 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.

21. 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.

22. 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.

23. Each Proposer must 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.

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24. 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.

25. 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 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.

26. 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.

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

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

29. 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.

30. 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.

31. Proposals shall be kept confidential until a contract is awarded.

32. 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.

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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.

33. All Proposers shall complete and return, with their bid, the Equal Benefits

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

5.3 Contract Terms & Conditions

1. The Awarded 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.

3. The Long Beach Municipal Code (LBMC) requires all businesses operating in 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.

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

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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 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.

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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.

5.4 Additional Requirements

N/A

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 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 corporation, and addressed to the

City Purchasing Agent. Protests must be submitted via the email address above. They must include a valid email address and phone number. Protests must set forth a complete and detailed statement of the grounds for the protest and include all relevant information to support the grounds stated and must refer to specific portions of the RFP and attachments upon which the protest is based. Once the protest is received by the

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City Purchasing Agent, the City will not accept additional information on the protest unless the City requests it.

City Response to Protest

The City Purchasing Agent or designee will respond with a decision regarding the protest within five (5) business days of receipt of protest to the email address provided in the protest. This decision shall be final.

Limitation of Remedy

The procedure and time limits set forth herein are mandatory and are the Proposer’s sole and exclusive remedy in the event of a protest. The Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a protest, including filing a Government Code Claim or initiation of legal proceedings.