Light and Medium Duty Auto Body Vehicle Repair and Paint Services | RFP FM-34-398 | |

City of

Long Beach Request for Proposals FM-24-398

Light and Medium Duty Auto Body Repair and

Paint Services

Light and Medium Duty Auto Body Vehicle Repair and Paint

Services | RFP FM-34-398 | | 1

Overview

Summary

The City of Long Beach is seeking multiple vendors to furnish light and medium duty auto body and equipment collision repairs as well as paint services for City Fleet vehicles.

Key Dates

Release Date: March 7, 2024

Questions Due: March 19, 2024 by 11:00am

Answer Due from the City: March 26, 2024

Proposals Due: April 11, 2024 by 11:00am

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

Ahmed Ali rfppurchasing@longbeach.gov

All communication with the City related to this RFP must be directed to the contact listed above.

mailto:rfppurchasing@longbeach.gov

Light and Medium Duty Auto Body Vehicle Repair and Paint

Services | RFP FM-34-398 | | 2

Contents

1 The Opportunity

1.1 Project Summary

1.2 Background

1.3 Goals

1.4 Award Terms

2 Scope of Work

2.1 Description of Services

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

2.2.2 Contract Management

2.2.3 Contract Payment

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

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 Protest Procedures

1 The Opportunity

1.1 Project Summary

The City of Long Beach, Financial Management Department, Fleet Services Bureau is seeking multiple qualified and experienced contractors to perform automotive body and equipment repairs and painting services for the City’s light and medium duty Fleet vehicles and equipment. Additionally, contractors will need to perform painting services for Fleet vehicles and equipment as needed.

1.2 Background

The Department of Financial Management’s Fleet Services Bureau is responsible for the maintenance and repair of all new and existing vehicles and equipment belonging to the

City. Currently, the City of Long Beach operates approximately 1100 light and medium duty vehicles and equipment. Many of these are specialized vehicles needed to ensure public safety, assist in emergency situations, and provide services to the City’s residents.

1.3 Goals

To obtain multiple vendors to furnish light and medium duty automotive body repairs and paint services for City Fleet vehicles.

1.4 Award Terms

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

2 Scope of Work

2.1 Description of Services

This contract shall encompass light and medium vehicular body, frame, and refinishing repairs for the City of Long Beach’s Fleet Services Bureau. Repairs need to be made with quality workmanship, expediently and as cost efficiently as possible to minimize the downtime of emergency response vehicles, avoid an interruption of services and prevent a negative impact on the City as a whole. Based on these standards, multiple vendors must be awarded as the City’s historical data has indicated that various vendors are needed to perform to the City’s standards based on the following conditions:

• Facility structure and equipment.

• Vendors may experience heavy workloads from their customer base that may delay the City’s vital equipment being repaired expediently.

• Competitive bidding through estimates is an industry standard in conducting auto body repairs.

• Due to the complexity of City equipment, some vendors may not have skilled technicians at their employ in order to perform repairs.

All equipment, materials or services provided shall follow all applicable State, Federal and

Local Laws and Regulations.

Contractor(s) shall maintain an automotive collision repair facility and have been in business for a period of at least one (1) year prior to offer opening and have the capabilities to perform collision repair services on all light, and medium duty vehicles owned by the City of Long Beach and provide painting and refinishing services for varying

Fleet vehicles on an as needed basis.

Materials

Contractor shall use Dupont, PPG, BASF, Sherman Williams or approved equal products when painting City vehicles. When applicable, paint shall match original vehicle color and finish.

Staffing Levels

Comply?

YES NO

1. A minimum of 75% of the estimating and managing staff shall be ICAR trained, ASE Certified, or Factory trained. ____ ____

2. A minimum of 75% of body and frame technicians shall be ICAR trained, ASE certified, or factory certified. ____ ____

3. A minimum of 75% of paint technicians shall be ICAR trained or ASE Certified. ____ ____

Estimates

An estimate will be requested for each repair. The City will allow 1-hour regular R&R labor for tear down to inspect for repairs.

When a vehicle or part requires collision repairs and/or restoration work, the contract administrator or appointed representative shall contact Contractor and request a detailed

Visual Damage Quotation (“VDQ”) for the repair or restoration work. Contractor shall inspect the vehicle or part within two (2) business days after notification and provide a

VDQ of the work to be performed. It is the Contractor’s responsibility to make arrangements to inspect the vehicle or part at their location where it is being repaired, and prepare the VDQ of work requested.

A VDQ shall be itemized and include all damage that is visible and verifiable at the time of inspection. Contractor shall consider and use, where practical, all cost savings techniques available with the understanding the City is seeking to achieve quality repairs at the lowest possible cost. Upon request, Contractor shall explain the complete repair process, including methods of repair and parts selection to the Contract Administrator. Contract

Administrator shall make the final decision in parts selection and repair procedures.

Contractor shall submit detailed quotations to the Contract Administrator within one (1) business day after viewing. Legible Fax and/or Electronic Transfers of quotations will be accepted.

If, during the course of repairs, hidden damage is discovered the contractor shall immediately notify the Contract Administrator and provide a supplemental VDQ for the hidden damages. Should the hidden damage be significant the City reserves the right to seek new quotes for any additional work. Under no circumstances shall any additional work be performed without the written approval of the Contract Administrator. Contract

Administrator may visit the facility to verify additional damage.

Repairs

All body repairs shall be completed according to industry accepted Uniform Repair

Procedures. Accepted Uniform Repair Procedures approved for use on City vehicles are available from the following sources.

1. I-CAR (Industry Conference on Automotive Collision Repair)

2. O.E.M. (Original Equipment Manufacturers)

3. Technical Institutes and Community

4. Colleges or approved equal sources.

5. Labor time shall be calculated using Mitchell’s UltraMate or approved equal estimating guide.

6. Contractors are encouraged to incorporate cost-saving techniques. Salvage, Like

Kind Quality (LKQ), aftermarket parts, and rebuilt exchange parts are acceptable upon advance approval from Contract Administrator.

7. The type of part shall be identified in the VDQ. In the selection of replacement parts, salvaged parts shall not be used for safety related items, such as front axles, independent suspension, steering and brake systems, Air bags, and other items related to safety.

8. Repairs shall be performed, when cost to repair is less than the cost of parts and replacement, unless otherwise requested by the Contract Administrator.

Repairs shall also include all necessary supplies and materials.

Painting/Refinishing

The contractor shall thoroughly clean all surfaces in preparation for new paint, removing all dirt, grease, wax and foreign material. The contractor shall hand and machine sand all painted surfaces, feather edging paint chips and surface imperfections as needed.

Contractor shall not paint over rust. Upon approval, Contractor may sand and chemically treat surface rust to render it inactive prior to repainting. Bare metal surfaces shall be primed. An approved primer sealer is required on bare metal surfaces to promote adhesion.

The contractor shall take special care to carefully mask all moldings, windows and vehicle parts that do not require paint. All vehicle finishes shall be glossy in appearance and void of dirt, runs, sand scratches and orange peel. As a minimum, Contractor shall apply three finish coats of paint, one tack coat and two wet finish coats.

Prior to any paint being applied to the vehicle, the City reserves the right to inspect or have the vehicle inspected for surface defects or masking voids. The contractor is required to adjust any discrepancies identified by the City before work may proceed.

Adjustments to redo work are to be completed to the satisfaction of the City at no additional cost. The contractor shall completely detail, which includes, vacuum and shampoo interior and wash and wax exterior for each vehicle after completion of paint job.

Administration and Admission

The contractor shall provide access during normal business hours to allow routine inspection of vehicle repairs by the Contract Administrator or appointed representative without prior notification.

The contractor shall provide a sufficient level of security to safeguard and protect City assets and vehicles against burglary, theft, vandalism and disclosure of confidential information while in its possession. The contractor shall store, whenever possible, City assets and vehicles inside a locked facility after normal working hours and when the

Repair Facility is not occupied.

Warranty/Maintenance and Service

Warranty: Parts _________ days Labor _________days

The contractor shall warranty each paint job against fading, loss of gloss, peeling, chalking, bubbling, cracking and wrinkling for a period of three (3) to six (6) years, depending on the paint material. Failure to provide warranty as outlined may disqualify the contractor’s Bid.

Company Background and References

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

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

2. Location of the company offices.

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

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

5. Location(s) from which employees will be assigned.

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

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

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

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

10. Financial stability: Proposers must provide financial statements giving the City enough information to determine financial stability. These statements may include, but are not limited to:

a) Demonstrated competence; in body shop repairs of all makes and models of vehicles.

b) Experience: 5 years in business in body shop repairs http://www.sos.ca.gov/business/

c) Expertise and availability of key personnel to meet the City’s operational needs of vehicles repaired and returned in a timely manner.

d) Conformance with the terms of this RFP; and

e) Reasonableness of cost.

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

The table below highlights the targets that will be tracked and reviewed collaboratively with the Awarded Contractor during the contract. This list is an indication of the performance metrics of interest to the City, and is not exhaustive or final. As a part of a response to this

RFP, Proposers may propose additional or alternative performance metrics to be tracked on a regular basis. The final set of performance metrics and frequency of collection will be negotiated by the successful Proposer and the City prior to the finalization of an agreement between parties and may be adjusted over time as needed.

METRIC DESCRIPTION TARGET DATA SOURCE

1. Light and medium duty auto body repairs

City Fleet vehicles and equipment will need ongoing auto body repair, paint and refinishing services

Expected completion of each repair is contingent on amount of damage and other factors. Will be assessed on a case by case basis

Weekly email communication from contractor on a weekly basis.

Inspection by SME may be conducted as needed

2. All parts and materials required for each individual body repair

Obtain all parts necessary to complete repair

Expectation is to have parts and materials ordered within 1 business day of receiving vehicle, equipment or part

Confirmation from contractor to ensure parts are enroute/in possession within a few days of receipt of City vehicles/equipment.

2.2.2 Contract Management

Communication and Management: On-site visits may be conducted in order to check the progress of vendors’ work. Additionally, meetings with contractors may be held in person at Fleet services to address any concerns, discrepancies and/or issues.

Performance Reports: Vendors are to provide updates via email that detail progress of repairs and any additional information as needed. Vendors should provide at least 2 email updates per week without being prompted or requested by contract administrator.

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. Vendor to provide invoice for services rendered no less than 2 business days after deliverables have been completed.

3 How We Choose

3.1 Minimum Qualifications

• Contractor(s) shall maintain an automotive collision repair facility and have been in business for a period of at least one (1) year prior to offer opening and have the capabilities to perform collision repair services on all light and medium duty vehicles and equipment and paint services on vehicles owned by the City.

• Contractor’s facility, painting procedures and material handling practices shall comply with all Federal, State and Local Laws, Ordinances and Regulations.

• Contractor must have necessary qualifications to conduct business in the City of

Long Beach.

• Contractor must be in good standing and not have been debarred by Federal, State or local government.

• Contractor shall have and maintain, during the life of the Contract, all required state, federal, city and all other required license and permits:

1. State Board of Equalization Resale License Number

Indicate State License Number

2. Federal Tax Identification Number

Indicate Federal Tax Number

3. State Tax Identification Number

Indicate State Tax Number

4. Business License, City/County

Indicate License Number/s

5. E.P.A. Toxic Waste Disposal Number

Indicate E.P.A. Number

6. A.Q.M.D. Operating Permit Number (Paint Booth)

Indicate A.Q.M.D. Permit

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA

1. Organizational Capacity & Experience

2. Method of Approach

3. Expertise and availability of key personnel

4. Communications & Reporting

5. Reasonableness of Cost

6. Financial stability

7. Conformance with the terms of this RFP

4 Proposal Instructions & Content

4.1 Timelines & Instructions

MILESTONE

TIME (PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date March 7, 2024

Job Walk (Mandatory) March 14, 2024

1:30PM

• Fleet Services Bureau 2600 Temple Ave, Long Beach. CA 90802

• Visitor parking is available on site. Visitor parking lot is located on Temple Ave.

• Please contact Ahmed Ali upon arrival.

Questions due to the

City

March 19, 2024

11:00am

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

Posting of the Q&A March 26, 2024 • Responses to the questions will be posted on LongBeachBuys.com.

Proposals due April 11, 2024 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

April 2024 • An Evaluation Committee will review

Narrative & Cost Proposals to select the proposal that best meets the needs of the

City.

mailto:rfppurchasing@longbeach.gov 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

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

[Interviews/ Demos/

Site Visits]

April 2024 • The City may interview or request demos from none, one, some or all Proposers.

Negotiation &

Contractor Selection

May 2024

• 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

May 2024

[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 itemization. The

Cost Proposal should be prepared using:

• Itemization: Proposers should itemize based on unit costs.

• Format: Proposers should submit their cost as a summary breakdown in addition to an excel. Cost proposal should also include the following pricing information:

Labor Rates:

• R&R (remove and replace) and repairs,

• Frame Straightening and Repairs Set Up

• Painting

• Mechanical

New or Replacement Parts – Cost Plus:

• Domestic

• Asian

• European

Additional Services:

• Two-wheel alignment

• four-wheel alignment

• air conditioning, R134 and R1234YF including Freon

• detailing for interior (entire inside including trunk),

• detailing for exterior (wash, wax, etc.)

• detail complete package (for both interior and exterior), towing up to 14,000 lbs. GVWR.

Complete Paint Job:

• S.S. Urethane, nonmetallic (3 year warranty)

• S.S. Urethane, nonmetallic (5 year warranty)

• S.S. Urethane, metallic (3 year warranty)

• S.S. Urethane, metallic (5 year warranty)

• S.S. Urethane, nonmetallic 2 tone (5 year warranty)

• S.S. Urethane, metallic 2 tone (5 year warranty)

• Base Coat Clear Coat, nonmetallic (5 year warranty)

• Base Coat Clear Coat, metallic (5 year warranty)

• Base Coat Clear Coat, 2 tone

• Two Part Poly Urethane (6 year)

PROPOSAL APPENDICES

☐ Financial

Stability

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

• Financial Statement or Annual Report

• Business tax return

• Statement of income and balance sheet

☐ Other Addenda

(if applicable)

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

MANDATORY ATTACHMENTS | The following are included as Attachments in Long

Beach Buys. They must be signed by the individual legally authorized to bind the

Proposer.

☐ A. Authorization & Certification

☐ B. Equal Benefits Ordinance (EBO) Form

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.

☐ C. W-9

☐ D. Business License

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

☐ F. Certificates of Insurance

☐ 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.

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Federal Tax ID Number

DIR 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).

1. What Automated Estimating Software

Program is used? (System must provide for automatic deduction of overlap labor time.)

2. What Gas, Arc and Mig Weld capabilities do you have, with journey level body technicians ASE Certified? (Steel/Aluminum).

3. What equipment do you have to hoist, rack or bench vehicles for inspection?

4. What hydraulic frame-straightening equipment to make multiple body and structural pulls for straightening?

5. What source of information for dimensions covering, frame, upper body, and wheel alignment do you use?

6. Do you have a four-point anchoring system to hold vehicle in stationary position during structural and body pulls?

7. Do have permitted paint spray booths, permitted to satisfy all current Federal and

State Regulations and Local zoning

Ordinances?

8. Do you use paint spraying practices that satisfy all Regulations required by the

Federal, State and Local Government pertaining to the Clean Air Act?

9. Are you compliant with toxic waste disposal Laws and regulations?

10. Do you use paint application and mixing abilities that meet or exceed original equipment?

11. Do you utilize state Registered and approved automotive air conditioning refrigerant recovery/recycling system for automotive air conditioning systems?

12. Do you have the ability to provide computerized four-wheel alignment, including specifications print out? Please elaborate.

13. Do you have the ability to remove and reinstall suspension, engine and drive train components using original equipment, manufacturer’s recommended methods and procedures?

14. Do you have a vehicle manufacturer approved source for supplemental restraint systems (air bags)

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?

Please provide a plan of overview for how the project will be staffed, including the percentage of time each employee will be allocated to the project, with the names and titles of principles employees involved included.

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2

Company

Project Manager

Phone Number

Project Description

Reference 3

Project Manager

Phone Number

Project Description

Reference 4

Project Manager

Phone Number

Project Description

Reference 5

Project Manager

Phone Number

Project Description

SUB-CONTRACTOR CONTACT INFORMATION

Does the proposal include subcontractors?

☐ Yes

☐ No

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

Organization Company Name

Company Address

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the organization? ☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other _________________________________

Which specific requirements of this RFP will the subcontractor perform?

Is the subcontractor registered with the

California Department of Industrial

Relations? If yes, provide registration number.

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

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

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

Beach?

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

Please provide a plan of overview for how the project will be staffed, including the percentage of time each employee will be allocated to the project, with the names and titles of principles employees involved included.

Method of Approach

1. Briefly summarize your proposed solution.

2. How do you plan to achieve the target outcomes of the RFP?

3. Summarize your proposed workplan and provide timelines for key milestones.

4. Explain how the proposal will meet the objective or criterion of the RFP

5. Explain how your proposal would mitigate and/or address any operational, technical and legal challenges or risks.

6. Outline what you will need from the City to implement the contract successfully

Communications & Reporting

1. Explain what data and reporting systems will be used to routinely evaluate and communicate program performance. Are there any additional or alternative performance metrics you recommend tracking? If so, how this data will be used for program management?

2. Explain how employees responsible for front-line service delivery will be supervised.

3. Explain how you and your organization will report on performance to the City, and coordinate with the City to meet the objectives of the RFP.

4. If other stakeholders will be involved in implementation of the proposal, please explain how you and your organization will work with these groups

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

5 Terms & Conditions

5.1 Acronyms/Definitions

1. Awarded Contractor: The organization/individual that is awarded a contract with the

City of Long Beach, California for the services identified in this RFP.

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

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

4. Department / Division: City of Long Beach, Financial Management, Fleet Services

Bureau.

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. VDQ – Visual Damage Quotation

5.2 Solicitation Terms & Conditions

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

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

Proposers.

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

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

Proposer or may deem the proposal non-responsive.

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

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

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

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

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

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

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

11. Any irregularities or lack of clarity in the RFP should be brought to the Purchasing

Division designee’s attention as soon as possible so that corrective addenda may be furnished to Proposers.

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

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

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

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

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

Contractor or prospective Contractor.

17. No attempt may be made at any time to induce any firm or person to refrain from submitting a proposal or to submit any intentionally high or noncompetitive proposal. All proposals must be made in good faith and without collusion.

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

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

20. Proposal will become public record after the conclusion of the negotiation process and before final approval by the awarding body 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.

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 through the negotiation process.

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.

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 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.

5.3 Contract Terms & Conditions

1. The Awarded Contractor will be the sole point of contract responsibility. The City will look solely to the Awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the Awarded

Contractor shall not be relieved for the non-performance of any or all subcontractors.

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

State of California or that has a rating of or equivalent to an A:VIII by A.M. Best and

Company the following insurance:

a. Commercial general liability insurance equivalent in coverage scope to ISO CG

00 01 10 93 or commercial garage liability insurance naming the City of Long

Beach and its officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO CG 20 10 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of activities or work performed by or on behalf of the Contractor in an amount not less than One

Million Dollars (US $1,000,000) per occurrence and Two Million Dollars (US

$2,000,000) in general aggregate. Such insurance shall include coverage for the care, custody, and control of nonowned autos, shall include coverage for towing, shall include garagekeepers liability, and shall not exclude coverage for liability resulting from cross liability protection.

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”).

d. Crime insurance which shall include Employee Dishonesty coverages with limits as follows: Employee Dishonesty, $100,000; Theft, Disappearance, Destruction, Inside/Outside $250,000.

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

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

Contractor shall deliver to City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. “Claims-made” policies are not acceptable unless

City Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. If a “Claims-made” policy is accepted, it must provide for an extended reporting period of not less than three (3) years. Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this contract. City reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval of City Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this contract.

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

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

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

Awarded Contractor’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code Section 1770 et seq. or (2) negligent or willful acts, errors, omissions or misrepresentations committed by

Awarded Contractor, its officers, employees, agents, subcontractors, or anyone under Awarded Contractor’s control, in the performance of work or services under this Contract (collectively “Claims” or individually “Claim”).

6. In addition to Awarded Contractor’s duty to indemnify, Awarded Contractor shall have a separate and wholly independent duty to defend Indemnified Parties at

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

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

8. Any requests for reasonable price adjustments must be submitted 60 days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be justified based upon verifiable criteria such as the

Consumer Price Index, US City Averages, or other relevant indices.

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

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

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

Contract.

5.4 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 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…