Equipment Rental Services

COUNTY OF ALAMEDA

REQUEST FOR QUOTATION No. 902269

for

Equipment Rental Services

For complete information regarding this project, see Request for Quotation (RFQ) posted at Alameda County Current Contracting Opportunities [ https://gsa.acgov.org/do-business-with-us/contracting-opportunities/ ] or contact the County representative listed below. Thank you for your interest! Contact Person: Paul Biondi Phone Number: (510) 208-9613 Email Address: paul.biondi@acgov.org General Services Agency (GSA) – Procurement

RESPONSE DUE

by

2:00 p.m.

on

April 17, 2023

through

Alameda County, GSA-Procurement

EZSourcing Supplier Portal

https://ezsourcing.acgov.org/

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CALENDAR OF EVENTS

REQUEST FOR QUOTATION No. 902269

EQUIPMENT RENTAL SERVICES

EVENT	DATE/LOCATION
Request Issued	March 16, 2023
Networking/Bidders Conference	March 22, 2023, @ 10 a.m. (PST) Click here to join the meeting Meeting ID: 211 869 292 811, Passcode: HujNHc Call in (audio only) +1-415-915-3950, Conference ID 605 535 999#
Written Questions Due via Email: paul.biondi@acgov.org	March 23, 2023, 2023 by 5:00 p.m.
List of Attendees	March 24, 2023
Questions & Answers Issued	April 7, 2023
Addendum Issued [only if necessary to amend RFQ]	April 7, 2023
Response Due and Submitted through EZSourcing Supplier Portal	April 18, 2023, 2023 by 2:00 p.m.
Evaluation Period	April 18, 2023 - May 1, 2023
Notice of Intent to Award Issued	May 1, 2023
General Services Agency Consideration Award Date	May 5, 2023
Contract Start Date	July 1, 2023

NOTE: All dates are tentative and subject to change.

Alameda County Vendor Outreach

Wednesday, March 22, 2023 10:30 a.m. – 11:30 a.m. TO ATTEND ONLINE: Vendor Outreach Call-in: +1 415-915-3950 Conference ID: 504 517 635#

COME MEET ALAMEDA COUNTY’S PROCUREMENT TEAM! This public event is not specific to any RFQ, where vendors can speak with GSA professionals, get to know them, and learn more about contracting opportunities with the County. These are conducted on most Wednesdays. Dates and locations can be confirmed by checking at Upcoming Events [ https://gsa.acgov.org/do-business-with-us/upcoming-contracting-events/ ]

COUNTY OF ALAMEDA

REQUEST FOR QUOTATION No. 902269

SPECIFICATIONS, TERMS & CONDITIONS

for

EQUIPMENT RENTAL SERVICES

TABLE OF CONTENTS

Page

CALENDAR OF EVENTS 4

I. STATEMENT OF WORK 5

A. INTENT 5

B. SCOPE / BACKGROUND 5

C. BIDDER QUALIFICATIONS 5

D. SPECIFIC REQUIREMENTS 6

E. DELIVERABLES / REPORTS 11

F. NETWORKING / BIDDERS CONFERENCES 11

II. COUNTY PROCEDURES, TERMS, AND CONDITIONS 13

G. CONTRACT EVALUATION AND ASSESSMENT 13

H. NOTICE OF INTENT TO AWARD 13

I. Bid Protest/Appeals Process 14

J. TERM / TERMINATION / RENEWAL 16

K. BRAND NAMES AND APPROVED EQUIVALENTS 16

L. QUANTITIES 17

M. PRICING 17

N. AWARD 18

O. METHOD OF ORDERING 21

P. INVOICING 21

Q. ACCOUNT MANAGER / SUPPORT STAFF 22

III. INSTRUCTIONS TO BIDDERS 22

R. COUNTY CONTACTS 22

S. SUBMITTAL OF BIDS 23

ATTACHMENTS

EXHIBIT A BID RESPONSE PACKET

I.
STATEMENT OF WORK

A. INTENT

It is the intent of these specifications, terms, and conditions to describe the equipment rental services for heavy equipment, construction equipment, and tools necessary to the Alameda County Public Works Agency (PWA), Zone 7 Water Agency (Zone 7) and any County agencies which may require the rental of equipment as described in this RFQ. The equipment will be used on an as-needed basis in locations throughout Alameda County.

The County intends to award a three-year contract, with an option to renew for two additional years, to a pool of bidders selected as the lowest responsible bidders whose response meets the County’s requirements.

B. SCOPE/BACKGROUND

Alameda County PWA and Zone 7 maintain roads, watersheds, wild lands, etc., throughout the County and is responsible for responding to the needs of the public in the aftermath of storms, earthquakes, and other general emergencies. The PWA, Zone 7, and other County agencies own some of the types of equipment it seeks to rent, and the purpose of maintaining a rental contract as described herein is to supplement the County’s equipment.

The County’s demand for rental equipment is unpredictable and dependent on variable needs which may arise. The County desires bidders to have the ability to provide any or all of the heavy equipment items for up to nine (9) months duration, some construction equipment for up to eight (8) months duration and some power tools for up to six (6) months duration. However, the County may elect to rent the tools and/or equipment for as little as one (1) day depending on need.

C. BIDDER QUALIFICATIONS

1. BIDDER Minimum Qualifications

a. Bidder shall be regularly and continuously engaged in the business of providing rental services of Heavy Equipment, Construction Equipment and Tools for at least five (5) years which must be clearly stated or demonstrated in the bid response packet.

b. Bidder shall possess all permits, licenses and professional credentials necessary to supply product and perform services as specified under this RFQ. Unless noted otherwise in the RFQ, including any Addendum, Bidder is not required to submit copies or verification of the permits, licenses, and credentials; however, Bidder must provide such proof if requested by County.

D. SPECIFIC REQUIREMENTS

1. Contractor shall have rental yards within Alameda County. Contractor shall have and maintain rental yards in both the eastern and western geographic areas of the County. Preferred locations are:

a. East County: Dublin, Pleasanton, and/or Livermore.

b. West County (North): Hayward, San Leandro, Oakland and/or Castro Valley.

c. West County (South): Fremont, Newark and/or Union City.

2. Contractor shall be capable of delivering any equipment at any hour of any day, if requested, even if the equipment must be procured from an out of area location, or from a different supplier.

3. Contractor shall be expected to provide the equipment requested and for all equipment listed, while meeting the response times. These response times apply, twenty-four (24) hours per day, seven (7) days per week.

4. Contractor shall make the requested equipment available for pick up by the County at any of the Contractor’s rental yards located in the County within two (2) hours of initial call.

5. Contractor shall deliver the requested equipment to any County location, including extremely remote areas, within four (4) hours of initial call.

6. Contractor will respond to all equipment malfunctions within four (4) hours of initial call. Contractor may dispatch a technician and parts to repair the unit, or provide a replacement unit. If the unit cannot be repaired within two (2) hours of technician arrival, a replacement until will be provided.

7. Contractors shall provide a price list of all the equipment and tools owned and available for rent to the County.

8. Contractors shall maintain adequate and sufficient inventory of all items listed below and in addition in order to rent to County as circumstances dictate.

Equipment to be provided – not all descriptions listed below are on the bid form:

a. Heavy Equipment: Backhoe, Wheel Loader (small), Wheel Loader (medium), Track Loader, Tractor Loader, Brush Mower, Roller Compactor (36” drum), Roller Compactor (48” drum), Roller Compactor (84” drum), Crawler Dozer, Tracked Excavator (mini), Tracked Excavator (medium), Tracked Excavator (Large), Trench Roller, Motor Grader, Skid-Steer Loader, 5-6 Yard Dump Truck, 10-12 Yard Dump Truck, Stake Bed Truck, Crane Truck (light), Crane Truck (medium), Equipment Transport Trailer, Water Truck, Street Sweeper, and Asphalt Paver.

Backhoe	Case 580N, with four-wheel drive, four-in-one loader bucket and minimum 18’ 2” dig depth.
Wheel Loader (small)	John Deere 444J, with four-wheel drive, 22,500 pound operating weight and 2.5 cubic yard bucket capacity with 4-in-1 bucket option.
Wheel Loader (medium)	John Deere 644J, with four-wheel drive, 39,000 pound operating weight and 4.0 cubic yard bucket capacity with 4-in-1 bucket option.
Track Loader	John Deere 605K, with 26,500 pound operating weight and 1.7 cubic yard toothed bucket with 4-in-1 bucket option.
Tractor Loader	John Deere 210E, with four-wheel drive, 4,800 pound operating weight, 1.0 cubic yard, four-in-one bucket and box scraper.
Heavy Duty Brush Mower	John Deere 6105R agricultural tractor with Alamo mid-mount mower attachment. Mower will be equipped with a flail head and will provide a minimum twelve-foot (12 ft.) down reach at forty-five degrees (45º). A rotary mower head will also be available.
Roller Compactor (light)	Bomag BW 100 AD-5 articulated steered tandem vibratory smooth drum roller, with 3,000 pound operating weight, and 36” drum width.
Roller compactor (light)	Bomag BW 120 AD-5 articulated steered tandem vibratory smooth drum roller, with 6,260 pound operating weight with smooth drums 47” drum width.
Roller compactor (heavy)	Bomag BW 211 D-50 articulated single smooth drum vibratory roller, with 21,000 pound operating weight, and 84” drum width.
Crawler Dozer	John Deere 650K, with 20,000 pound base weight, 9’ 7” wide blade and 2.5 cubic yard blade capacity.
Tracked Excavator (mini)	John Deere 60G (reduced or zero tail swing), with 13,500 pound operating weight, and minimum 12’ 4” dig depth.
Tracked Excavator (medium)	John Deere 135G RTS (reduced tail swing), with 30,500 pound operating weight and minimum 19’ 11” dig depth.
Tracked Excavator (large)	John Deere 225G RTS (reduced tail swing), with 53,500 pound operating weight, and minimum 19’ 11” dig depth.
Trench Roller	Bomag BMP 8500 articulated walk-behind tandem “sheepsfoot” drum roller, with 3,200 – 3,500 pound operating weight, and 24” drum width.
Motor Grader	John Deere 670G, with 35,000 pound operating weight and 12’ moldboard.
Skid Steer Loader	Bobcat 753 G-Series, with 4,750 pound operating weight, 1,300 pound operating capacity, and 4-in-1 bucket.
5-6 Yard Dump Truck	Diesel, with automatic transmission, air conditioning and material tarp.
10-12 Yard Dump Truck	Diesel, with automatic transmission, air conditioning and material tarp.
Stake Bed Truck	Gasoline or diesel, with 12’ stake body and 3,000 pound capacity liftgate, automatic transmission and air conditioning.
Crane Truck (light)	Diesel, with automatic transmission and 12’ flatbed body. Knuckle-boom or telescopic style crane, not to exceed 15,000 pound maximum capacity. Minimum extended boom length 20’, maximum extended boom length 30’. Minimum capacity 1,500 pounds at 20’.
Crane Truck (medium)	Diesel, with automatic transmission and 15’ flatbed body. Knuckle-boom or telescopic style crane. Minimum boom length 45’, Minimum capacity 26,000 pounds at 5’, and 4,500 pounds at 42’.
Equipment Transport Trailer	20-ton capacity, with 31’ tilt bed.
Water truck	Diesel, minimum 3,000 gallon water capacity, with automatic transmission, air conditioning and multiple front, rear and side spray nozzles.
Street Sweeper	Elgin Road Wizard, four (4) wheel truck mounted mechanical broom sweeper, five (5) yard hopper capacity, high dump, diesel, with air conditioning.
Asphalt Paver	LeeBoy 8510C, 17,300 pound operating weight, with 8’ – 15’ heated/vibrating screed system and 7.5 ton hopper capacity.
Walk behind mini skid steer loader	Toro Dingo TX series or equivalent.

b. Construction Equipment: Trailer-Mounted Air Compressor, Rough Terrain Scissor Lift, Trailer-Mounted Generator, Forklift, Brush Chipper, Trailer-Mounted Welder, Trash Pump (small), Trash Pump (large), Trailer Mounted 6” to 12” Dewatering Pumps, Arrow Board, Message Sign, Concrete Saw, Light Tower, Concrete Mixer, Concrete Vibrator, Vibratory Plate, Vibratory Rammer, Jackhammer, Walk-Behind Sweeper, Post-Hole Auger, Trencher, Light-Duty Pickup, “Crew-Cab” Pickup, Passenger Van; Trench Plate, Trench-Shoring Equipment, Scaffolding; Portable Propane Heater, Portable Generator, Portable Arc Welder, Oxy-Acetylene Welder, Various Utility and Equipment Trailers, Articulating Boom Lift (Various Heights), Electric Carts, Concrete Grinders, and Hoists.

Air Compressor	Trailer-mounted, 160 CFM air output.
Rough Terrain Scissor Lift	Genie GS™ 2669-RT, 26’ platform height, diesel, four (4) wheel drive.
Generator	Trailer mounted, 25  kilowatt, diesel with a minimum run time of (24) hours without refueling.
Forklift	8,000 pound capacity, gas, propane or diesel, with pneumatic tires and two (2) stage mast.
Brush Chipper	Bandit 1390XP trailer mounted, diesel, 15” drum style chipper.
Welder	Trailer mounted, diesel, 300-amp output, with MIG and arc capability.
Trash Pump (small)	Portable, gas engine, three-inch (3”) capacity.
Trash Pump (large)	Trailer mounted, diesel, six-inch (6”) capacity.
Arrow Board	Trailer mounted, battery/solar powered, minimum 96” W X 48” H 25-LED lamp panel.
Message Sign	Trailer mounted, three (3) line LED message sign, minimum 120” W X 72” H sign board.
Concrete Saw	Husqvarna FS3500G, walk-behind, gas engine, 35 horsepower, 18” blade diameter.
Vacuum Trailer	Ditchwitch FX30 Vacuum Trailer, 500 gal
Forklift	10,000 lb. capacity
Portable Material Handling Conveyor Belts	Linkup LP400 24' long and 16" wide, 110v single-phase power supply, with two speeds, forward and reverse, cleated rubber belt that can move up to 800 lbs. of material at a time.
Vertical Mast Lift	Genuine GR-26J Electric drive motor, 140 degree rotating jib and 350 degree turntable
Telescopic Boom Lift	45' to 120' Straight boom diesel 4WD with Jib
Steel Skid Plate	Non Skid Coating 48” wide x 96” long
Telehandler Forklift	12,000 lb. capacity
Articulating Boom Lift	30' to 125' Diesel 4WD with Jib

c. Power Equipment and Tools: Chainsaw, Backpack Blower, Pole Pruner, Pressure Washer; a variety of Hand Drills; Sanders, Grinders, Saws, Hammers, Industrial Vacuum Cleaners, Lawn Mowers, Hedge Trimmers, Brush Trimmers, Rototillers, Paint Sprayers, Fans, Jacks, Space Heaters, Vacuums, Pipe Benders and Threaders, and a variety of Air Tools.

Chainsaw	Stihl MS 441, 5.6 horsepower gas engine, 16” to 32” bar lengths
Hedge Trimmer	30IN Gas Stihl Model HS82T
Rotary Hammer	3/16" - 3/4" SDS Plus Elec Hilti Model TE-7C
Backpack Blower	Stihl BR 550, 3.4 horsepower low-emission gas engine, 530 cfm air output with tube.
Pole Pruner	Stihl ST 101, 1.4 horsepower gas engine, telescoping shaft with length range from 7’6” to 11’6”, 12” bar.
Heavy Duty Brush Mower	BCS 30”, 11HP or DR Pro XL-30, 20HP
Propane Heater	400K BTU
Extension Cord	50 feet 15 amp
Core Drill	Electric 12 inch stand
Portable Evaporative Cooler	12-24 inch, 115V
Heavy Duty Brush Mower	BCS 30”, 11HP or DR Pro XL-30, 20HP
Rammer Jumping Jack	Wacker Neuson 100-150lb, gas, 3.2hp, shoe size 11 inch to 13 inch

9. Contractor shall reserve for the County its last locally available unit of each such item, which shall first be offered to County under a right of first refusal prior to it being rented elsewhere. in the event of a disaster that creates urgent demand for the Heavy Equipment listed above.

10. The Contractor shall provide equipment and tools in addition to items listed above, upon request

E. DELIVERABLES / REPORTS

Within thirty (30) days of each anniversary date of any agreement entered into under this RFQ, Contractor must provide the County at no additional charge, annual usage and charge reports which shall include item detail as well as summary consolidations that show the total number of days rented per equipment item.

F. BIDDERS CONFERENCE(S)/VENDOR OUTREACH

1. The Bidders Conference(s) held on the date(s) specified in the Calendar of Events will have an online conference option enabled for remote participation. Bidders can opt to participate via a computer with a stable internet connection (the recommended Bandwidth is 512Kbps) at:

Click here to join the meeting

Meeting ID: 211 869 292 811
Passcode: HujNHc

Download Teams | Join on the web

Or call in (audio only)

+1 415-915-3950,,605535999# United States, San Francisco

Phone Conference ID: 605 535 999#

2. Vendor Outreach is usually conducted on Wednesdays at Vendor Outreach Link (Call-in: +1 415-915-3950; Conference ID: 504 517 635#). Dates and locations can be confirmed by checking at: Upcoming Events [ https://gsa.acgov.org/do-business-with-us/upcoming-contracting-events/ ].

3. Information regarding the RFQ will be presented during the conference(s). To get the best experience, the County recommends that Bidders who participate remotely use equipment with audio output such as speakers, headsets, or a telephone.

4. Bidders Conference(s) will be held to:

a. Provide an opportunity for Small Local Emerging Businesses (SLEBs) and large firms to network and develop subcontracting relationships to participate in the contract(s) that may result from this RFQ.

b. Provide an opportunity for Bidders to request clarification on this RFQ and ask specific questions about the project, goods, and services.

c. Provide Bidders an opportunity to receive documents, etc., necessary to respond to this RFQ.

d. Provide the County with an opportunity to receive feedback related to this RFQ.

5. The Bidders Conference(s) Attendees List will be released in a separate document.

6. Written questions submitted via email by the stated deadline will be addressed in a posted RFQ Questions and Answers (Q&A) following the Bidders Conference(s). Should there be a need to amend or revise the RFQ, an Addendum will be issued. Any verbal statement(s), including at any Bidders Conference(s) are not binding. Only the written documents will be binding.

7. Questions regarding these specifications, terms, and conditions are to be submitted in writing via email by 5:00 p.m. on the date specified in the Calendar of Events to:

Paul Biondi, Procurement & Contracts Specialist

Alameda County, GSA-Procurement

Email: paul.biondi@acgov.org

8. Attendance at the Bidders Conference(s) and Vendor Outreach are highly recommended but are not mandatory to further facilitate subcontracting relationships. Vendors who attend the Bidders Conference(s) will be added to the Vendor Bid List.

II. COUNTY PROCEDURES, TERMS, AND CONDITIONS

G. CONTRACT EVALUATION AND ASSESSMENT

1. During the initial 120-day period of any contract awarded, the County may review the proposal, the contract, any goods or services provided, and/or meet with the Contractor to identify any issues or potential problems.

2. The County reserves the right to determine, at its sole discretion, whether:

a. The Contractor has complied with all terms of this RFQ and the contract; and

b. Any problems or potential problems with the proposed goods and/or services were evidenced which makes it unlikely (even with possible modifications) that such goods and/or services have met or will meet the County requirements.

3. If, as a result of such determination, the County concludes that it is not satisfied with the Contractor's performance under any awarded contract and/or Contractor's goods and services as contracted for therein, the Contractor may be notified that the contract is being terminated.  The Contractor must be responsible for returning County facilities to their original state at no charge to the County.  The County will have the right to invite the next qualified Bidder(s) to enter into a contract.  The County also reserves the right to rebid this project if it is determined to be in its best interest to do so. The County's right to go to the next qualified Bidder and/or rebid is not limited by the award of a contract or the 120-day period.

H. NOTICE OF INTENT TO AWARD

1. At the conclusion of the RFQ response evaluation period, all Bidders will be notified in writing by email or US Postal Service mail of the contract award recommendation, if any, by GSA-Procurement. The document providing this notification is the Notice of Intent to Award/Non-Award.

The Notice of Intent to Award/Non-Award will provide the following information:

a. The name(s) of the Bidder(s) being recommended for contract award; and

b. The names of all other parties that submitted proposals.

2. The submitted proposals will be made available upon request no later than five calendar days before approval of the award and contract is scheduled to be considered by GSA Director.

I. Bid Protest / Appeals Process

The County of Alameda prides itself on the establishment of fair and competitive contracting procedures and the commitment made to follow those procedures. The following is provided in the event that Bidders wish to protest the bid process or appeal the recommendation to award a contract once the Notices of Intent to Award/Non-Award have been issued. Bid protests submitted prior to issuance of the Notices of Intent to Award/Non-Award will not be accepted by the County.

1. Any bid protest must be submitted in writing by 5:00 p.m. of the SEVENTH (7th) calendar day following the date of issuance of the Notice of Intent to Award, not the date received by the Bidder. The bid protest must be submitted to the office that has been designated for review of protests for this procurement (the Protest Evaluator). For this procurement, the Protest Evaluator is:

GSA–Office of Acquisition Policy

ATTN: Contract Compliance Officer

1401 Lakeside Drive, 10th Floor, Oakland, CA 94612

Email: GSA-BidProtests@acgov.org

A bid protest received after 5:00 p.m. is considered received as of the next calendar day. Generally, the County will promptly send an email acknowledging receipt of the protest; it is the responsibility of the protestor to confirm that the protest was timely received.

a. The bid protest must contain a complete statement of the reasons and facts for the protest.

b. The protest must refer to the specific portions of all documents that form the basis for the protest.

c. The protest must include the name, address, email address, and telephone number of the person submitting the protest on behalf of the protesting party.

d. The Contract Specialist will send a notification to Bidders if a protest is received

2. The Protest Evaluator, or their designee, will review and evaluate the protest and issue a written decision. The Protest Evaluator may, at its discretion, do any of the following, investigate the protest, obtain additional information, provide an opportunity to settle the protest by mutual agreement, and/or schedule a meeting(s) with the protesting Bidder and others (as appropriate) to discuss the protest. The decision on the bid protest must be finalized prior to the by the GSA Director.

A notification of the decision will be communicated by email and/or US Postal Service mail to the protestor. Notification will be provided to Bidders when a decision has been made on the protest and whether or not the recommendation to the GSA Director in the Notice of Intent to Award/Non-Award will stand.

3. The decision on the bid protest by the Protest Evaluator may be appealed to the Auditor-Controller's Office of Contract Compliance & Reporting (OCCR) located at 1221 Oak St., Room 249, Oakland, CA 94612, Email: OCCR@acgov.org , unless the OCCR determines that it has a conflict of interest in which case an alternate will be identified to hear the appeal and all steps to be taken by OCCR will be performed by the alternate. The Bidder whose bid is the subject of the protest, all Bidders affected by the Protest Evaluator's decision on the protest, and the protestor have the right to appeal if they feel the Protest Evaluator's decision is incorrect. All appeals to the Auditor-Controller's OCCR must be in writing and submitted within SEVEN (7) calendar days following the issuance of the decision, not the date the decision is received by the Bidder. An appeal received after 5:00 p.m. is considered received as of the next calendar day. An appeal received after 5:00 p.m. on the SEVENTH (7th) calendar day following the date of issuance of the decision by the Protest Evaluator will not be considered under any circumstances by the Auditor-Controller OCCR or their designee.

a. The appeal must specify the decision being appealed and all the facts and circumstances relied upon in support of the appeal.

b. In reviewing protest appeals, the OCCR will not re-judge the proposal(s). The appeal to the OCCR must be limited to a review of the procurement process to determine if the contracting department materially erred in following the bid or, if applicable, County contracting policies or other laws and regulations.

c. The appeal to the OCCR must be limited to the grounds raised in the original protest and the written decision by the Protest Evaluator. As such, a Bidder is prohibited from stating new grounds for a Bid protest in its appeal.

d. The Auditor's Office may overturn the results of a bid process for ethical violations by Procurement staff, County Selection Committee members, subject matter experts, or any other County staff managing or participating in the competitive bid process, regardless of timing or the contents of a bid protest.

e. The finding of the Auditor-Controller's OCCR is the final step of the appeal process. A copy of the finding of the Auditor-Controller's OCCR will be furnished to the protestor.

f. The finding on the appeal must be issued before a recommendation to award the contract is considered and contract awarded by the GSA Director.

4. The procedures and time limits set forth in this section are mandatory and are each Bidder's sole and exclusive remedy in the event of a bid protest. A Bidder's failure to timely complete both the bid protest and appeal procedures will be deemed a failure to exhaust administrative remedies. Failure to exhaust administrative remedies, or failure to comply otherwise with these procedures, will constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.

J. TERM / TERMINATION / RENEWAL

1. The contract term, which may be awarded pursuant to this RFQ, will be three (3) years.

2. By mutual agreement, any contract, which may be awarded pursuant to this RFQ, may be extended for an additional two years.

3. The County has and reserves the right to suspend, terminate, or abandon the execution of any work, services and/or providing of goods by the Contractor without cause at any time upon giving the Contractor prior written notice. In the event that the County should abandon, terminate, or suspend the Contractor's work, services and/or providing of goods, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. The County may terminate the contract at any time for cause without written notice upon a material breach of contract or substandard or unsatisfactory performance by the Contractor. In the event of termination with cause, the County reserves the right to seek any and all damages from the Contractor.  In the event of such termination, with or without cause, the County reserves the right to invite the next highest-ranked Bidder to enter into a contract or rebid the project if it is determined to be in its best interest to do so.

K. BRAND NAMES AND APPROVED EQUIVALENTS

1. Any references in this RFQ, including Addendum and other documents, to manufacturers' trade names, brand names, and/or catalog numbers are intended to be descriptive but not restrictive unless otherwise stated and are intended to indicate the quality level desired. Unless otherwise noted, Bidders may offer any equivalent product that meets or exceeds the specifications; however, if the County, in its sole discretion, determines the product proposed is not equivalent, the Bid may be disqualified. Bids based on equivalent products must:

a. Clearly describe the alternatives offered and indicate how it differs from the product specified; and

b. Include complete descriptive literature and/or specifications as Portable Document Format (PDF) attachments to the online bid submission as proof that the proposed alternative will be equal to or better than the product named in this RFQ.

2. The County reserves the right to be the sole judge of what is equal and acceptable. It may require the Bidder to provide additional information and/or samples or disqualify the bid response.

3. If Bidders do not specify otherwise, it is understood that the referenced brand will be supplied.

L. QUANTITIES

Quantities listed herein are annual estimates based on past usage, etc., and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.

M. PRICING

1. All pricing as quoted will not increase, except as noted above, remain fixed and firm for the term of any contract that may be awarded as a result of this RFQ.

2. Unless otherwise stated, Bidder agrees that, in the event of a price decline, the benefit of such a lower price will be extended to the County.

3. Reasonable price increases or decreases for subsequent contract terms may be negotiated between Contractor and County after the completion of the initial term.

4. Taxes and freight charges:

a. All prices are to be Freight On Board (F.O.B.) destination. Any freight/delivery charges are to be included in the bid price.

b. The County is soliciting a total price for this project. The price(s) quoted shall be the total cost the County will pay for this project, including all taxes (excluding Sales and Use taxes) and all other charges.

c. No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by the County, will be paid by the County unless expressly included and itemized in the bid response.

d. Amount paid for the transportation of property to the County of Alameda is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping papers show the consignee as Alameda County; as such papers may be accepted by the carrier as proof of the exempt character of the shipment.

e. Articles sold to the County of Alameda are exempt from certain Federal excise taxes. If applicable, and upon request, the County will furnish an exemption certificate.

5. All prices quoted must be in United States dollars.

6. Price quotes must include any and all payment incentives available to the County.

7. In the evaluation of cost, if applicable, it will be assumed that the unit price quoted is correct in the case of a discrepancy between the unit price and an extension, and the Bidder must honor the unit price quoted.

8. Federal and State minimum wage laws apply. The County has no requirements for living wages. The County is not imposing any additional requirements regarding wages.

9. Labor Compliance/Prevailing Wage:  Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract.

N. AWARD

1. Lowest Responsive and Responsible Bidder(s)

a. The award will be made to the lowest responsive and responsible Bidder(s) who meets the requirements of these specifications, terms, and conditions.

b. Awards may also be made to the subsequent lowest responsive and responsible Bidder(s) and who will be called in order should the County needs to contract with another Bidder(s).

2. Small Local Emerging Business (SLEB) Program

a. Small and Emerging Locally Owned Business: The County is vitally interested in promoting the growth of small and emerging local businesses by means of increasing the participation of these businesses in the County's purchase of goods and services.

b. As a result of the County's commitment to advancing the economic opportunities of these businesses, Bidders must meet the County's Small and Emerging Locally Owned Business requirements in order to be considered for the contract award. These requirements can be found online at:

(1) Alameda County SLEB Program Overview [ http://acgov.org/auditor/sleb/overview.htm ]; and

(2) Alameda County SLEB Program Additional Information [ https://gsa.acgov.org/do-business-with-us/vendor-support/small-local-and-emerging-businesses/ ]

c. For purposes of this procurement, applicable industries include, but are not limited to, the following North American Industry Classification System (NAICS) Code(s): 532412, 532490.

d. A small business is defined by the United States Small Business Administration (SBA) as having no more than the number of employees or average annual gross receipts over the last three years required per SBA standards based on the small business's appropriate NAICS code.

e. An emerging business is defined by the County as having either annual gross receipts of less than one-half that of a small business OR having less than one-half the number of employees AND that has been in business less than five years.

f. If a Bidder is certified by the County as either a small and local or an emerging and local business (SLEB), the County will provide up to 5% bid preference for procurements over $25,000.

g. If a Bidder is located within Alameda County, the County may provide a 5% local bid preference.

3. County Rights

a. The County reserves the right to reject any or all responses that materially differ from any terms contained in this RFQ, including Exhibits and any Addendums, to waive informalities and minor irregularities in responses received, and to provide an opportunity for Bidders to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the County.

b. Any bid responses that contain false or misleading information may be disqualified by the County.

c. The County reserves the right to award to a single or multiple Contractors.

d. The County reserves the right to conduct additional procurements for the same or similar goods and/or services or to award to additional contract(s), including to other Bidder(s), during the term of the contract if it determines that additional Contractors are needed to supplement goods and/or services being provided.

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