CITY OF REDONDO BEACH
Request for Proposals
RFP#2223-009
for
TRUCK FOR TOWING EQUIPMENT
Proposals Due: Tuesday, March 7, 2023 at 11:00AM
City of Redondo Beach – RFP#2223-009
2 REQUEST FOR PROPOSALS
RFP#2223-009
1. Introduction
The City of Redondo Beach is soliciting proposals from dealerships for a truck capable of towing a conventional trailer with specialized equipment that weighs 14,000 pounds and has a tongue load of 1,925 pounds. The specialized equipment is a trailer mounted “SkyWatch” mobile surveillance and deterrence tower manufactured by Teledyne/Flir (Mfg Part #4231306-201). This proposed procurement will be financed in whole or in part with Federal funds, and therefore all the statues, rules, regulations and provisions promulgated by the Federal Government as applicable to procurements financed in whole or in part with Federal funds will apply to such procurement.
THE AWARDED CONTRACTOR/PROPOSER MUST PROVIDE DELIVERY OF THE VEHICLE/EQUIPMENT NO LATER THAN MARCH 31, 2023 DUE TO THE GRANT DEADLINE
OR THE CITY RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO
CANCEL THE CONTRACT / PURCHASE ORDER IN ITS ENTIRETY AND THE CITY SHALL
NOT BE LIABLE FOR ANY COST/FEES ASSOCIATED WITH SUCH PROCUREMENT DUE TO CANCELLATION.
2. Schedule
February 24, 2023
March 7, 2023 - 11:00am
RFP issued
Proposal Due Date
March 14, 2023 City Council awards contract/purchase
March 14-31, 2023 City takes delivery of truck and issues payment
3. Submittal Requirements
Proposer shall submit a proposal that follows the format requirements specified in Section 5, “Proposal Format Requirements”. In the proposal, Proposer shall provide the City with a designated contact person’s name, address, phone number(s) and email address.
Proposals shall be submitted in a sealed envelope or package, clearly marked “RFP#2223-009”. The original proposal must be clearly marked and contain original signatures and must be easily reproducible on a standard copying machine. The proposal shall be signed by an individual(s) authorized to execute legal documents on behalf of the Proposer.
Proposals shall be received by the Purchasing Office at the City of Redondo Beach no later than 11:00 a.m. on Tuesday, March 7, 2023.
Proposals that are received after the due date and time will be rejected and not considered. Proposer assumes full and sole responsibility for timely receipt of the completed proposal at the location listed below.
City of Redondo Beach – RFP#2223-009
3 Proposals shall be delivered and addressed to:
City of Redondo Beach - Purchasing
Attention: RFP#2223-009
415 Diamond St., Door 1
Redondo Beach, CA 90277
No oral, telegraphic, electronic, facsimile, or telephonic proposals or modifications will be considered. Failure to provide all required submittals in completed form and/or a clearly marked original with original signatures may result in a proposal being found non-responsive and given no consideration.
Proposals must be neat, complete, and fully address all of the requirements in this RFP.
4. Written Questions
Proposers are responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in this RFP and shall immediately notify the City in writing upon discovery to request clarification prior to submitting a proposal.
Proposers must direct all written questions, clarifications, request for information, etc. regarding this RFP to the following:
Mario Fizulich, Capt. Support Services
Redondo Beach Police Department
Email: [email protected]
Telephone: 310-372-2477 x2656
Robert Norman, Purchasing Analyst
Financial Services Department
Email: [email protected]
Telephone: 310-372-1171 x2902
Proposers may not contact other City officials or staff regarding this RFP.
An Addendum to this RFP will be issued by the City to all Proposers of record for any responses to questions that have a material impact on the proposal. It is the Proposer’s responsibility to acknowledge each Addendum and ensure that all requirements of each Addendum are included in their proposal.
City of Redondo Beach – RFP#2223-009
4 5. Proposal Format Requirements
Each proposal shall contain the following:
A. Cover Letter. Each proposal shall include a cover letter that identifies the firm, address, phone number and contact person. The cover letter shall include a statement that the proposal pricing is valid for at least 30 days after the RFP submittal deadline and a statement that the proposed vehicle/equipment will be delivered to the City by the Proposer on or before March 31, 2023. The cover letter shall include the original signature of an individual with the authority to negotiate on behalf of, and to contractually bind, the Proposer;
B. Cost proposal. Cost proposal shall include a detailed breakdown of all pricing for the vehicle and optional equipment, as specified in this RFP.
Cost proposal shall include sales tax. Separate cost proposals may be submitted for manufacture years 2022 and 2023 if the vehicle/equipment is available for delivery on or before March 31, 2023;
C. Manufacturer’s warranty coverage information and applicable documentation;
D. Additional information. Any supplemental information regarding the proposed vehicle and optional equipment that the Proposer believes is pertinent or helpful to the City in understanding and evaluation of the proposal;
E. Completed and signed Attachment “B”, “Required Federal Clauses / Contact Provisions”; and
F. Completed and signed Attachment “C”, “Certification Regarding Lobbying”
6. Proposal - General and Special Provisions
A. General Provisions
1. Vehicle and all equipment, parts, components and materials shall be new, unused and currently available. Refurbished, remanufactured, demo or used equipment, parts, components and materials are not acceptable.
2. Vehicle/equipment must be legal to operate on all Federal, State, County and local highways.
3. Specifications are for a completed vehicle unit, and all equipment and accessories necessary for the safe operation of the vehicle shall be City of Redondo Beach – RFP#2223-009
5 provided. All parts and equipment necessary for the safe operation of the vehicle shall be provided and completely installed, assembled, and/or adjusted as required and shall conform in strength, quality of materials, and workmanship to recognized industry standards.
4. Proposed vehicle/equipment shall be covered under the manufacturer’s standard warranty and Proposer shall include warranty information and documentation with their proposal.
B. Special Provisions
1. Dealer Preparation. Cost proposal prices must include all necessary dealer preparation applicable to the vehicle/equipment and any applicable delivery charges.
2. Dealer Registration. It shall be the responsibility of the awarded Proposer to:
a. Provide the vehicle/equipment with Department of Motor Vehicle (DMV) temporary operator’s permit upon delivery.
b. Provide the City with the required proof of ownership for the vehicle.
c. Apply to DMV for exempt registration and license plates on behalf of City for the vehicle/equipment purchased, unless directed otherwise from the City.
3. Delivery. Proposer receiving award shall coordinate inspection and delivery of vehicle/equipment with the following person at the Redondo Beach Police Department:
Mario Fizulich, Capt. Support Services
Redondo Beach Police Department
Email: [email protected]
Telephone: 310-372-2477 x2656
a. Delivery of vehicle/equipment must be completed on or before March 31, 2023 due to the grant deadline. Failure by the awarded Contractor/Proposer to complete delivery by March 31, 2023 may result in the City cancelling the contract / purchase order in its entirety and the City shall not be liable for any costs/fees associated with such procurement. Any exception to the delivery date requires the authorization of the Redondo Beach Police Department.
City of Redondo Beach – RFP#2223-009
6 b. Proposer certifies that vehicle/equipment presented to the City at time of delivery is fully operational, complies with all specifications and requirements of this RFP and is properly outfitted with all optional equipment ordered by the City.
c. Vehicle/equipment shall not be accepted by the City until the Redondo Beach Police Department has inspected such
vehicle/equipment.
d. If the Police Department, after conducting the inspection, determines that the vehicle/equipment does not meet the specifications and/or requirements of this RFP, is missing any optional equipment/accessories ordered by the City, is not fully operational or is defective in any way, the Proposer will be required to correct the same at their expense.
e. If the Police Department, after conducting the inspection, determines that the vehicle/equipment is acceptable, then the vehicle/equipment shall be deemed “delivered” to and “accepted” by the City.
7. Insurance
Proposer selected by the City to receive award shall satisfy all City insurance and indemnification requirements as listed in Attachment “D” prior to delivery of the vehicle/equipment to the City by the awarded Proposer.
8. Proposal Evaluation and Award Process
This procurement will comply with all applicable City procurement policies and procedures. The evaluation process shall begin upon receipt of proposals and continue until a contract/purchase order has been awarded by the Redondo Beach City Council or the procurement has been cancelled.
The City reserves the right, in its sole and absolute discretion, to reject any or all proposals, to make no award, to require modifications to initial proposals and to request for additional information and/or clarifications, including, but not limited to, an interview or discussion with Proposers.
The City reserves the right, at its sole and absolute discretion, to waive any informality or minor irregularities in proposals, provided that such action is in the best interest of the City. Any such waiver shall not modify any remaining RFP requirements or excuse the Proposer from full compliance with the RFP specifications, conditions and other requirements if the Proposer is awarded a contract/purchase order.
City of Redondo Beach – RFP#2223-009
7 Evaluation factors as outlined below will be applied to all eligible, responsible and responsive Proposers in comparing proposals and selecting the most qualified Proposers.
The City is not obligated to accept the lowest cost proposal, but will make an award in its best interest after all factors have been evaluated. Therefore, proposals shall be submitted in the most-favorable terms. All proposals will remain confidential until after an award has been approved by City Council, and there will be no public opening and reading of proposals.
Evaluation of each proposal shall be based on all of the factors listed below:
1. The fitness of the proposed vehicle and equipment for the intended use by the City, including, but not limited to: manufacture year, truck model, tow capacity, tongue load capacity, fuel type, engine size, transmission, horsepower, rear axle ratio, cab configuration, accessories, optional equipment, etc.;
2. The quality of the vehicle, equipment, options, features and accessories offered;
3. The value-added benefit of vehicle options, features and accessories offered related to the intended use by the City;
4. The ability and capacity of the Proposer to provide the vehicle and equipment;
5. The ability and capacity of the Proposer to provide the vehicle and equipment on or before March 31, 2023, as specified in this RFP, without delay or interference;
6. The cost of the vehicle and equipment, including optional equipment, and any other cost/fee associated with proposed vehicle/equipment;
7. The ability of the Proposer to provide customer support, future maintenance, parts or service as may be needed; and
8. The character, integrity, reputation, judgment, experience, references, past performance and efficiency of the Proposer.
The City may contact Proposers to clarify any response; contact any past or current clients or customers of Proposer; 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.
After review and evaluation of the proposals, the City reserves the right to further negotiate the features, options, accessories, add-ons and configuration of the proposed vehicle/equipment and proposed cost with the most qualified Proposer(s).
Award of this procurement is contingent upon the successful negotiation with the Proposer recommended to receive award. Negotiations will be confidential and City of Redondo Beach – RFP#2223-009
8 not subject to disclosure to competing proposers. If negotiations cannot be concluded successfully, the City may negotiate with and recommend award to another Proposer, or withdraw the RFP.
9. General Conditions
1. No representation or warranty of any kind is made by the City as to the content, accuracy or completeness of the information included in or provided with this RFP. Proposers are solely responsible for conducting such independent due diligence investigations as may be necessary for the proper preparation of their proposal.
2. Receipt of a proposal by the City or submission of a proposal to the City shall not constitute any implied intent and shall not obligate the City to enter into a contract/order with the Proposer. All proposals submitted in response to this RFP become the property of the City and are subject to the California Public Records Act.
3. By submitting a proposal to the City, Proposer hereby agrees that the vehicle/equipment offered meets the specifications and requirements of this RFP.
4. Costs for developing any proposal, including travel expenses or other expenses incurred by negotiating terms or conducting interviews with the City, or any pre-contractual expenses, shall be the sole responsibility and shall be incurred at the sole risk of the Proposer, whether or not any award results from this solicitation. The City will not be responsible for any such costs or expenses incurred by Proposer, under any circumstances, nor shall any firm include such expenses as part of the proposed cost.
5. By submitting a proposal, Proposer represents and agrees that they:
a) Thoroughly examined and become familiar with the
requirements and vehicle/equipment specifications of this RFP;
b) Comprehend all conditions that may impact their proposal; c) Reviewed and agree to comply with all terms, conditions and requirements of this RFP and all applicable Federal
requirements, regulations and contract provisions as specified in Attachment “B”;
d) Reviewed and acknowledged all addenda;
e) Are capable of providing the vehicle/equipment as specified in Attachment “A” of this RFP; and
f) Acknowledge and accept all provisions, conditions, terms and requirements of this RFP.
City of Redondo Beach – RFP#2223-009
9 6. Although not intended to be an exhaustive list of causes for disqualification, the City reserves the right to disqualify proposals based on, but not limited to the following:
a) Evidence of collusion among Proposers.
b) Incomplete submittal of proposal or other requested
information.
c) Lack of business skills or financial resources necessary to support Project Services Agreement successfully, as revealed by either financial statements or experience.
d) Lack of responsibility or poor performance as demonstrated by past work, references, or other factors.
e) Default or termination of other contracts or agreements. f) False information, omissions, vagueness, or inaccuracies in the proposal.
7. The City reserves the right, in its sole and absolute discretion, to take any and all actions it deems are in the best interest to the City regarding this RFP, including but not limited to:
g) Issue Addenda;
h) Request additional information, clarifications or corrections from Proposers;
i) Extend the deadline for submitting proposals;
j) Postpone the evaluation/selection process;
k) Cancel this RFP in part or in its entirety;
l) Clarify, modify, amend or re-issue the RFP;
m) Reject any and all proposals;
n) Reject or accept proposals that do not fully comply with the requirements specified in the RFP, its attachments, addenda or clarifications;
o) Reject or accept proposals that are incomplete, contain errors or inconsistencies;
p) Reject or accept proposals not submitted with the proper number of copies or with other process or content errors or deficiencies;
q) Reject or accept proposals that include a failure to comply with or take exception to the requirements, specifications, and general conditions of the RFP or terms and conditions of the City’s Agreement;
r) Negotiate for the modification of any proposal with mutual consent of the Proposer;
s) Award to Proposer without further discussion or negotiation; t) Issue subsequent RFP’s for the same, similar or related services;
u) Amend the agreement resulting from this RFP; and
City of Redondo Beach – RFP#2223-009
10 v) Take any other action deemed to be in the best interest of the City.
8. Proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract.
9. The specifications are intended to describe the type, size, and quality of equipment, which will best meet the requirements of the City. It is not intended to favor any one brand or make. The mention herein of any particular name of equipment, material, feature or option merely serves to specify the general type that is required.
10.Proposer receiving award of contract/purchase order shall, at its own cost and expense, procure, maintain and satisfy all City insurance and indemnification requirements set forth in Attachment “D” prior to delivery of vehicle/equipment to the City by the Contractor/Proposer.
11.The City reserves the right to conduct investigations with respect to the qualifications, experience and representations of the Proposer and to require the Proposer to supplement, clarify, or provide additional information. The City may solicit information concerning the Proposer’s past and current record of performance from current and/or previous clients, other government agencies, or any available sources without the Proposer’s presence or involvement. The City may also consider historical performance in contracts entered into between the Proposer and the City.
The City reserves the right to contact references other than those provided in the proposal and to use the information obtained in the evaluation process. Proposers assume sole responsibility for any inaccuracies in the contact information provided for references.
Incorrect contact information provided for a reference may result in the reference being stricken.
12.The Proposer declares, by submitting a proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any other Proposer, or to secure any advantage against the public body awarding the agreement of anyone interested in the proposed agreement; that all statements contained in the proposal are true; City of Redondo Beach – RFP#2223-009
11 and, further, that the Proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
10. ATTACHMENTS
The following attachments are included and incorporated herein to this RFP document:
1. Attachment “A”, “Scope of Work / Specifications”
2. Attachment “B”, “Required Federal Clauses / Contract Provisions” - Proposer is required to complete, sign and submit with their proposal.
3. Attachment “C”, “Certification Regarding Lobbying” - Proposer is required to complete, sign and submit with their proposal.
4. Attachment “D”, “Insurance Requirements for Contractors”
City of Redondo Beach – RFP#2223-009
12 ATTACHMENT “A”
SCOPE OF WORK / SPECIFICATIONS
TIME IS OF THE ESSENCE REGARDING THE ACQUISITION OF THIS VEHICLE/EQUIPMENT DUE TO GRANT DEADLINES. THE AWARDED
CONTRACTOR/PROPOSER MUST PROVIDE DELIVERY OF THE VEHICLE/EQUIPMENT NO LATER THAN MARCH 31, 2023 OR THE CITY RESERVES THE RIGHT, IN ITS SOLE
AND ABSOLUTE DISCRETION, TO CANCEL THE CONTRACT / PURCHASE ORDER IN ITS
ENTIRETY AND THE CITY SHALL NOT BE LIABLE FOR ANY COST/FEES ASSOCIATED WITH SUCH PROCUREMENT DUE TO CANCELLATION.
THE CITY REQUIRES ONE (1) STAKE BED TRUCK CAPABLE OF TOWING A CONVENTIONAL TRAILER THAT WEIGHTS 14,000 LBS WITH A TONGUE LOAD OF 1,925 POUNDS.
Minimum Requirements (Items 1-15)
1. Manufacture Year: 2022 or 2023
2. Truck Model: 450/4500, 550/5500 or equivalent
3. Body Type: Stake Bed
4. Engine Cylinders: 8
5. Fuel Type: Gas or Diesel
6. Cab Type: 2 Door or 4 Door
7. Rear Wheels: Dual Rear Wheels
8. Rear Axle Ratio: Higher Ratio Preferred
9. Trailer Receiving Hitch: Class V
10. Trailer Wiring Connector: 7-pin
11. Trailer Wiring Harness: 7-pin
12. Integrated Trailer Brake Controller
13. Side Steps/Running Boards
14. Power Adjustable Heated Trailering/Towing Mirrors
15. Back-up Camera
16. Side Panel Height: 40 - 48 inches
17. Minimum conventional trailer towing capacity of 14,000 pounds
18. Minimum tongue load capacity of 1,925 pounds
Vehicle Options (Preferred, but not required)
A. Rear Camera Mirror
B. Bed View Camera
C. Trailer Hitch Guidance
D. Trailer Brake Controller
E. Advanced Trailering System
F. Rear Cross Traffic Alert
G. Lane Change Alert Side Blind Zone Alert
H. Lane Departure Warning
I. Automatic Emergency Braking
J. Following Distance Indicator
K. Front and Rear Park Assist
City of Redondo Beach – RFP#2223-009
13 ATTACHMENT “B”
REQUIRED FEDERAL CLAUSES / CONTRACT PROVISIONS
Contractor/Proposer must complete, sign and submit this form with their proposal.
In accordance to 2 CFR, §200, Appendix II “Contract Provisions for Non-Federal Entity Contracts under Federal Awards”, all contracts made by the non-Federal entity under the Federal award must contain certain provisions. By submitting a proposal to the City, Contractor/Proposer acknowledges and agrees to comply with the following required Federal regulations, requirements and contract provisions listed herein, as applicable:
A. Breaches and Disputes
B. Termination
C. Equal Employment Opportunity
D. Energy Policy and Conservation Act
E. Debarment and Suspension
F. Byrd Anti-Lobbying Amendment
G. Records - Retention and Access Requirements
H. Procurement of Recovered Materials
I. Prohibitions on Certain Telecommunications and Video Surveillance Services or Equipment
J. Domestic Preferences for Procurements
Date:
Signature:
Company Name:
Title:
City of Redondo Beach – RFP#2223-009
14 A. Breaches and Disputes
1. Breach of Contract - Breach shall be nonperformance or failure by the Contractor/Proposer to perform any term, covenant or condition in the Agreement / Order.
2. Opportunity to Cure – The City may, in its sole and absolute discretion, allow the Contractor/Proposer the opportunity to remedy the breach. If however, the Contractor/Proposer fails to remedy, to the City’s satisfaction, the breach of any of the terms, covenants or conditions of the Agreement / Order within ten (10) calendar days after
Contractor’s/Proposer’s receipt of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the Agreement / Order and the City will not have any further obligation to Contractor/Proposer. Any such termination for breach shall not preclude or hinder the City from also pursuing all available remedies against Contractor/Proposer for said breach.
3. Remedies of the City - If the Contractor/Proposer fails to remedy, to the City’s satisfaction, the breach of any of the terms, covenants or conditions of the Agreement / Order within 10 calendar days after
Contractor’s/Proposer’s receipt of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the Agreement / Order and the City will not have any further obligation to Contractor/Proposer. Any such termination for breach shall not preclude or hinder the City from also pursuing all available remedies against Contractor/Proposer for said breach. If City elects to waive its remedies for any breach of any term, covenant or condition of this Agreement / Order by the Contractor/Proposer, City’s waiver shall not limit City’s remedies for any other or succeeding breach of any of the terms, covenants or conditions of the Agreement / Order.
4. Disputes – Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City. This decision shall be final and conclusive unless the City receives a written appeal from the Contractor/Proposer within ten (10) days from the date of the notice issued by the City. In connection with any such appeal, Contractor/Proposer shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the City regarding the appeal shall be binding upon Contractor/Proposer and Contractor/Proposer shall abide be the decision.
City of Redondo Beach – RFP#2223-009
15 5. Performance During Dispute - Unless otherwise directed by City, Contractor/Proposer shall continue performance under this contract while matters in dispute are being resolved.
6. Contractor/Proposer - The Contractor/Proposer expressly agrees that no default, act or omission of the City shall constitute a material breach of the Agreement / Order, entitling Contractor/Proposer to cancel or rescind the Agreement / Order or to suspend or abandon performance.
B. Termination
The right to terminate the Agreement / Order, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this agreement.
1. Termination of Agreement / Order for Convenience: The City may, in its sole and absolute discretion and without cause, immediately terminate the Agreement / Order at any time prior to delivery of the vehicle and/or equipment specified in the Agreement / Order by the Contractor/Proposer, upon written notice to the Contractor/Proposer. If the City is no longer eligible to receive the grant funds, or fails to receive an extension to the existing grant deadline, or fails to receive funding / appropriation from City Council at levels sufficient to pay for the goods to be purchased, the City, in its sole and absolute discretion, reserves the right to terminate this Agreement / Order in its entirety and shall not be liable for any cost.
2. Termination of Agreement / Order for Cause: The City may, in its sole and absolute discretion, immediately terminate the Agreement / Order for cause if the Contractor/Proposer fails to perform any of its obligations specified in the Agreement / Order, within the timeframe and in the manner provided by the City, or if the Contractor/Proposer otherwise violate any of the terms of the Agreement / Order. Such causes include, but are not limited to, failure by the Contractor/Proposer to deliver the vehicle/equipment by the specified deadline provided by the City. To terminate the Agreement / Order for cause, the City shall provide written notice to the Contractor/Proposer stating the reasons for such termination.
3. Post-Termination:
a. In the event the City terminates the Agreement / Order for convenience or cause, the City may procure, upon such terms and such manner as it may determine appropriate, the vehicle and/or equipment similar to those terminated.
City of Redondo Beach – RFP#2223-009
16 b. Should the Agreement / Order be terminated for convenience or cause, the Contractor/Proposer shall return any City property in its possession to the City.
c. Upon termination of the Agreement / Order for convenience or cause, Contractor/Proposer shall be compensated for all vehicles and equipment satisfactorily delivered to, and accepted by, the City prior to the effective date of termination.
d. Termination of the Agreement / Order shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement / Order, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.
C. Equal Employment Opportunity
Contractor/Proposer shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor”. 41 CFR § 60-1.4, “Equal Opportunity Clause”, is hereby incorporated by reference into these contract provisions.
Contractor/Proposer shall comply with all applicable requirements of the California Fair Employment Practice Commission and all applicable Federal, State, County and City laws and ordinances related to non-discrimination, civilrights, equal opportunity and employment practices.
D. Energy Policy and Conservation Act
To the extent applicable, Contractor/Proposer shall comply with all mandatory standards, policies and requirements related to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6201).
E. Debarment and Suspension
Contractor/Proposer shall comply with all applicable Federal debarment and suspension regulations including, but not limited to, 2 CFR § 180, 2 CFR § 200.212, and Executive Orders Nos. 12549 and 12689, "Debarment and Suspension.”
City of Redondo Beach – RFP#2223-009
17 By submitting a proposal to the City, Contractor/Proposer certifies that they are eligible to participate in this Federally funded contract/procurement and are not presently listed on the governmentwide exclusions Excluded Parties List System in the System for Award Management (SAM); and are not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in any Federally assisted award by any Federal department or agency.
F. Byrd Anti-Lobbying Amendment
Contractor/Proposer must complete and submit the form entitled “Certification Regarding Lobbying”, included as Attachment “C”.
Contractor/Proposer shall comply with all applicable lobbying prohibitions and laws, including, but not limited to, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, et seq.), "New Restrictions on Lobbying," 49 C.F.R. Part 20, and agrees that none of the funds provided under this award may be expended by the Contractor/Proposer, or its subcontractors, to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. If any non-Federal funds have been paid or will be paid by Contractor/Proposer, or its subcontractors, for any lobbying that takes place in connection with obtaining any Federal award, Bidder, and its subcontractors, shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with the form’s instructions.
G. Records - Retention and Access Requirements
Contractor/Proposer agrees to comply with the record retention requirements detailed in 2 C.F.R. § 200.333 and certifies that it will retain all records pertaining to the Agreement / Order for a period of three (3) years after the date of termination or expiration of the Agreement / Order, except in the event of litigation or settlement of claims arising from the performance of the Agreement / Order, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. In compliance with 2 C.F.R. § 200.336, Contractor/Proposer agrees to provide access to Federal, State, County, and City government officials or its contractors to inspect and audit records and information related to performance of this contract/procurement as reasonably may be required.
H. Procurement of Recovered Materials (2 CFR, § 200.323) Bidder shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of City of Redondo Beach – RFP#2223-009
18 Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247, containing the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services so that energy and resource recovery are maximized; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
I. Prohibition on certain telecommunications and video surveillance services or equipment.
(2 CFR, § 200.216)
Bidder shall comply with 2 CFR, § 200.216 and Public Law 115-232, Section 889, which prohibits the purchase and use of telecommunication and video surveillance equipment, services or systems from Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company (or any subsidiary or affiliate of such entities) or any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
J. Domestic preferences for procurements (2 CFR, § 200.216) (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
(b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
City of Redondo Beach – RFP#2223-009
19 ATTACHMENT “C”
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
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City of Redondo Beach – RFP#2223-009
20 ATTACHMENT “D”
Insurance Requirements for Contractors
Contractor/Proposer selected by the City to receive award shall satisfy all City insurance and indemnification requirements as listed in this Attachment prior to delivery of the vehicle/equipment to the City by the Contractor/Proposer. Insurance requirements of the City are as follows:
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City and its officers, employees, elected and appointed officials, and volunteers from and against any and all claims, demands, causes of action, lawsuits (whether at law, equity or both), proceedings, liabilities, losses, damages, expenses, costs (including without limitation attorneys’ fees and costs and expert witness fees), judgments, penalties, and liens of every nature arising or claimed to arise, directly or indirectly, out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage was caused by the sole negligent acts or willful misconduct of the City. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
Without limiting Contractor’s indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
City of Redondo Beach – RFP#2223-009
21 Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee Insurance Requirements for Contractors (10/1/03) satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of City of Redondo Beach – RFP#2223-009
22 renewal may be treated by the City as a material breach of contract on the Contractor’s part. Insurance Requirements for Contractors (10/1/03) Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications.
Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements are to be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.