County of Orange, OC Waste & Recycling

Invitation for Bid for DBB Prima Zone 4 Phase A Main Gas Line Project

IFB # 299-3104108-AR

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/ocgov

COUNTY OF ORANGE

OC Waste & Recycling

PROCUREMENT SERVICES

601 N. Ross Street

Santa Ana, CA

92701

Date: Wednesday, September 23, 2026

INVITATION FOR BIDS

FOR: DBB PRIMA ZONE 4 PHASE A MAIN GAS LINE PROJECT

BID MUST BE RECEIVED BEFORE:

October 12, 2026 / 2:00 pm

IFB # 299-3104108-AR

Procurement Services Regular Office Hours:

8:00 AM to 5:00 PM

Monday through Friday

The office is closed between 12:00 PM and 1:00 PM

Table Of Contents

1. General Information

2. General Instructions

3. Protest Procedures

4. Scope of Work

5. OCLSB and DVBE Preference Policies Certification Requirements

6. Electronic Fund Transfer (EFT)

7. Pricing

8. Vendor Responses

Attachments:

A - NIB (299-3104108-AR) - 9-14-2026

B - Model Contract IFB 299-3104108-AR

C - LFGCS_Zone_4_Phase A_ Main Gas Line_Plans_Final

D - Prima - LFGCCS Zone 4 Phase A - 100% Technical Specifications - 06-19-26

E - Orange_County_District_Attorneys_Office_Public_Works_Unit_2023

F - OCLSB Verified - Quarter 2 - Feb. 2026

County of Orange IFB

OC Waste & Recycling - DBB Prima Zone 4 Phase A Main Gas Line Project, 299-3104108-AR

SECTION 1. General Information

1.1 BACKGROUND

The project consists of design, permitting, and construction of the Zone 4 Phase A Landfill Gas (LFG) Collection and Control System (LFGCCS) header installation. Work to include trenching, installation of new HDPE header piping, associated valves and appurtenances, tie-ins to existing LFG infrastructure, backfilling, testing, and restoration of disturbed areas. Contractors should account for site constraints including traffic control, construction sequence, coordination with landfill operations, subcontractor scheduling, and materials procurement. Completed work will provide the owner with improvements to the LFGCCS, including the fully installed Zone 4 Phase A header and associated connections to the existing LFG infrastructure, with the requirement that the contractor avoid damage to any existing infrastructure not designated for demolition and removal.

1.2 IMPORTANT NOTICE

The County has attempted to provide all information available. It is the responsibility of each Bidder to review, evaluate, and, where necessary, request any clarification prior to submission of a bid. If any person contemplating submitting a bid in response to this IFB is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they must submit a written request for clarification/interpretation to the County Deputy Procurement Agent

(DPA), Albert Rodriguez, via the County’s online biding system.

1.3 CLARIFICATION/INTERPRETATION

If clarification or interpretation of this solicitation is considered necessary by County, a written addendum shall be issued and the information will be posted on County’s online bid system. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the County DPA. All addenda will be submitted and posted on the County’s online bidding system. It is the responsibility of each Bidder to periodically check the County’s online biding system to ensure that they have received and reviewed any and all addenda to this solicitation. The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any verbal information.

All questions or requests for interpretation must be received within this solicitation's Question &

Answer section by Monday, October 5, 2026 before 2:00 pm.

1.4 COMMUNICATION

Bidders are not to contact other County personnel with any questions or clarifications concerning this solicitation. All questions regarding this solicitation must be submitted via the Question & Answer section of this solicitation within the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/ocgov. Any County response relevant to this solicitation other than through or approved by County is unauthorized and will be considered invalid.

County's Deputy Procurement Agent, Albert Rodriguez, albert.rodriguez@ocwr.ocgov.com, will provide all official communication concerning this solicitation.

1.5 BID VALIDITY

Bids will be valid for a period of 365 days after IFB closing date.

1.6 LOBBYISTS

County of Orange does not require and neither encourages or discourages the use of lobbyists or other consultants for the purpose of securing business.

ORANGE COUNTY BOARD OF SUPERVISORS

AND COUNTY AGENCY OFFICERS

Board of Supervisors

Janet Nguyen, First District Vicente Sarmiento, Second District Donald P. Wagner, Third District

Doug Chaffee, Fourth District Katrina Foley, Fifth District

County Agency Officers

Claude Parrish, Assessor Hugh Nguyen, Clerk-Recorder

Todd Spitzer, District Attorney-Public Administrator Don Barnes, Sheriff-Coroner

Shari L. Freidenrich, Treasurer-Tax Collector Andrew Hamilton, Auditor-Controller

SECTION 2. General Instructions

2.1 AVAILABILITY OF DOCUMENTS

The Contract Documents, General Conditions, Plans, and Special Provisions are available electronically via the County’s OpenGov Procurement portal at: https://procurement.opengov.com/portal/ocgov

2.2 DEFINITIONS

Terms used in this document shall have the meanings assigned to them in the "Definitions" section of the

General Conditions.

2.3 BID CONTENT

Responsive bids must include the following completed forms and documentation, submitted via the

County’s online bidding system. Bids that do not meet these requirements may be deemed non-responsive.

2.4 SUBMISSION REQUIREMENTS

A. Bid Form;

B. List of Subcontractors;

C. Minimum Experience/Qualification Statement;

D. Bid Schedule (Pricing in OpenGov);

E. Company Profile & References

F. Non-Collusion Affidavit

G. Iran Contracting Act Certification Form

H. In-Use Off Road Diesel Fueled Fleets Regulation Form

I. Campaign Contribution Disclosure Form

J. Contractor Safety Responsibility Form;

Note: Electronic Bids cannot be viewed by County until after the solicitation deadline. If you encounter any problems with your registration, system, bid submission, or other system issues, please contact

OpenGov’s support staff via the live chat option or via email at procurement-support@opengov.com.

2.5 BID SECURITY

Bidders must provide a ten percent (10%) bid security by certified or cashier’s check from a responsible bank, cash, or an original bidder’s bond issued and executed by an admitted surety insurer authorized to transact surety insurance in California, made payable to the order of the County of Orange in an amount equal to at least ten percent (10%) of the total bid amount, as a guarantee that the Bidder will enter into the proposed Contract if it is awarded to the Bidder.

In the event the Bidder to which the Contract is awarded fails to provide bonds and insurance and meet other preconditions to the County’s execution of the Contract in a timely manner, the proceeds of the check or cash or the full sum of the Bidder’s bond will be forfeited to the County.

Original bid security documents shall be received at the following address before 2:00 pm on

Monday, October 12, 2026 or submittals shall be deemed non-responsive:

County of Orange/OC Waste & Recycling Attn: Albert Rodriguez 601 N. Ross Street Santa Ana, CA 92701

2.6 SELF PERFORMANCE REQUIREMENTS

The Bidder shall be capable of performing, and shall perform with its own organization, work amounting to at least Fifty-One (51)% of the Base Bid Amount. However, any Bid Item designated as a “Specialty

Bid Item” will be excluded from the Base Bid Amount for purposes of this Section only.

2.7 LICENSE REQUIREMENT

To be eligible for award of this contract, Bidder must possess the following licensing classification(s) from the State of California’s License Board: “A - General Engineering”

2.8 LABOR CODE NOTICE

All contractors and subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the Contract, successful Bidder (Contractor) and each Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.

mailto:procurement-support@opengov.com

2.9 LISTING OF SUBCONTRACTORS

Pursuant to the provisions of California Public Contract Code Sections 4100 through 4113, all Bidders shall state in their Bids:

A. The name, location of the place of business, and California contractor license number of each subcontractor who will perform work or labor or render service to the successful Bidder, or who will specially fabricate and install a portion of the work according to detailed drawings contained in the Plans and Special Provisions in an amount in excess of one-half of one percent of the

Bidder's total Bid.

B. The work, trade, service, or portion of the work that will be performed by each such

Subcontractor.

If the Bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract in excess of one-half of one percent of the Bidder's total Bid, the Bidder agrees to perform that portion with its own organization.

The successful Bidder shall not, without the consent of County, either:

A. Substitute any person, firm, or corporation as subcontractor in place of the Subcontractor designated in the original Bid; or

B. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the Bid.

In the event that the Bid Form calls for alternates and Bidder intends to use different or additional subcontractors on the alternates, Bidder shall complete additional forms for each alternate listing the subcontractor(s) for such alternate.

2.10 MAINTAINING PARTICIPATION LEVELS

A. Credit and preference points are earned based on the level of participation proposed prior to the award of the Contract. Once the Project begins, Contractor shall achieve and maintain the OCLSB and/or DVBE participation levels for which credit and preference points were earned. Contractor shall maintain the OCLSB and/or DVBE percentages indicated at the Contract Award and throughout the Contract Time.

B. If the County modifies the original Scope of Work, the Contractor shall make reasonable efforts to maintain the OCLSB and/or DVBE participation for which creditor preference points were earned. If participation levels will be reduced, written approval shall be received from the County prior to making changes.

C. The Contractor shall notify and obtain written approval from the County in advance of any reduction in subcontract scope, termination, or substitution for a designated OCLSB and/or DVBE

Subcontractor. Failure to do so shall constitute a material breach of the Contract.

2.11 SUBCONTRACTOR AND SUPPLIER SUBSTITUTIONS

Listed Subcontractors and Suppliers shall not be substituted without the written authorization of the

County or its duly authorized agent.

Request for Subcontractor or Supplier substitution shall be made in writing to:

OC Waste & Recycling – Procurement Services

Attention Albert Rodriguez

601 N. Ross Street

Santa Ana, CA 92701

The request shall include a thorough explanation of the reason(s) for the substitution, including dollar amounts and a letter from each substituted Subcontractor or Supplier stating that they (the Subcontractors or Suppliers) release all interest in working on the Project and written confirmation from the new

Subcontractor or Supplier stating that they agree to work on the Project along with the dollar value of the

Work to be performed.

Written approval of the substitution request shall be received from the County or its authorized officer prior to any unlisted Subcontractor or Supplier performing Work on the Project. Substitution of

Subcontractors and Suppliers without authorization shall subject you to those penalties set forth in Public

Contract Code §4110.

Requests for Supplier substitution shall be made in writing at least ten (10) Days prior to the provision of materials, supplies, or services by the proposed Supplier and shall include proof of written notice to the originally listed Supplier of the proposed substitution.

A Contractor whose Bid is accepted shall not:

A. Substitute a person as Subcontractor or Supplier in place of the Subcontractor or Supplier listed in the original bid, except that the County, or it’s duly authorized officer, may consent to the substitution of another person as a Subcontractor or Supplier in any of the following situations:

1. When the Subcontractor or Supplier listed in the Bid, after having a reasonable opportunity to do so, fails or refuses to execute a written Contract for the scope of work specified in the subcontractor’s bid and at the price specified in the subcontractor’s bid, when that written contract, based upon the general terms, conditions, plans, and specifications for the project involved or the terms of the subcontractor’s written bid, is presented to the subcontractor by the prime contractor.

2. When the listed Subcontractor or Supplier becomes insolvent or the subject of an order for relief in bankruptcy.

3. When the listed Subcontractor or Supplier fails or refuses to perform his or her subcontract.

4. When the listed Subcontractor fails or refuses to meet bond requirements as set forth in

Public Contract Code §4108.

5. When you demonstrate to the County or it’s duly authorized officer, subject to the provisions set forth in Public Contract Code §4107.5, that the name of the Subcontractor was listed as the result of an inadvertent clerical error.

6. When the listed Subcontractor is not licensed pursuant to Contractor License Law.

7. When the County, or it’s duly authorized officer, determines that the Work performed by the listed Subcontractor or that the materials or supplies provided by the listed Supplier are substantially unsatisfactory and not in substantial accordance with the Plans and specifications or that the Subcontractor or Supplier is substantially delaying or disrupting the progress of the Work.

8. When the listed Subcontractor is ineligible to work on a public works project pursuant to

§§1777.1 or 1777.7 of the Labor Code.

9. When the County or its duly authorized agent determines that the listed Subcontractor is not a responsible contractor.

B. Permit a Contract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor, Supplier listed in the original Bid without the consent of the

County, or it’s duly authorized officer.

C. Other than in the performance of “Change Orders” causing changes or deviations from the

Contract, sublet or subcontract any portion of the Work, or contract for materials or supplies in excess of 0.5% of your total bid or $10,000, whichever is greater, as to which his or her original

Bid did not designate a Subcontractor or Supplier.

2.12 BIDDERS' REVIEW OF DOCUMENTS AND CONDITIONS

Bidders shall inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Before submitting a Bid, Bidders shall: carefully review the Agreement, General

Conditions, Plans, and Special Provisions, and all other Contract Documents; visit the Project site; and attend any mandatory pre-bid site meeting and walkthrough described below. Bidder must be capable of and plan to employ such means and methods as will allow performance of the work in accordance with the

Contract Documents, and will not cause any interruption or interference with any other contractor working at the site.

2.13 DELIVERY OF BIDS

Bids and modifications to the Bids, if any, must be submitted electronically via the OpenGov at County's online bidding system before the time and date set for the electronic Bid submittal in the Notice of Inviting

Bids. Only electronic bids will be accepted, no exceptions. Bidders shall use the Pricing section of the electronic submittal to prepare and submit their Base Bid Amounts in response to this solicitation.

Submission of the Bid before the time specified above shall be the sole responsibility of the Bidder. Late

Bids will not be accepted under any circumstances.

2.14 MODIFICATION AFTER BID OPENING

A modification received from the lowest responsive, responsible Bidder after Bids have been opened that makes the terms of the Bid more favorable to County may be considered at any time and the Contract may be awarded based on such modification.

2.15 WITHDRAWAL OF BIDS

A Bidder may withdraw their bid at any point prior to the due date and time of bids and any bid not in a

"Submitted" status as of the deadline shall not be considered. In order to withdraw their bid, a Bidder must click the "Unsubmit Proposal" button. If a bid is unsubmitted for any reason, it shall not be considered by the County if not resubmitted prior to the due date and time of bids.

2.16 BIDDER'S QUESTIONS, ADDENDA, AND INTERPRETATIONS OF

DRAWINGS AND DOCUMENTS

County has made available the Agreement, General Conditions, Plans, and Technical Specifications for this

Project. Each Bidder shall review and evaluate those documents, including any documents referenced therein, and request any necessary clarification prior to submission of a Bid. Requests for clarification regarding any part of the Notice Inviting Bids, Instructions to Bidders, or Contract Documents must be submitted via County’s OpenGov Procurement portal. For technical assistance with OpenGov, please contact OpenGov customer support.

Bidders shall post their questions on the County's OpenGov Procurement portal. All questions and requests for clarification or interpretation must be submitted before 2:00 pm on Monday, October 5, 2026. Questions emailed directly to the County will not be answered. If County considers a clarification or interpretation necessary, County shall issue a written Addendum through its

OpenGov Procurement portal ONLY. Such Addenda will be issued no later than Five (5) days prior to the time and date set for opening of Bids.

Each Bidder shall ensure that it has received and reviewed any and all Addenda and Notices. County will not be responsible for any answers to questions, explanations, corrections to, or interpretations of the

Contract Documents, Notice Inviting Bids, Instructions to Bidders, or other documents unless the answer, explanation, correction, or interpretation is issued through the County's OpenGov Procurement portal.

2.17 BONDS

Within 14 calendar days after award of the Contract, the successful Bidder shall furnish a Faithful

Performance Bond and a Labor and Material Payment Bond, each in an amount equal to 100% of the

Contract Price, issued by a surety in accordance with the requirements of the General Conditions of the

Contract. The bonds shall be in the form of the models included in these Bid Documents and must be approved by County’s Risk Manager and County Counsel. The successful Bidder shall submit the bonds in duplicate, all of which shall bear original signatures. The signature of the surety representative must be notarized.

2.18 INSURANCE

Within 7 days after award of the Contract, the successful Bidder shall provide proof that all insurance required by the Contract is in place. County will not issue a Notice to Proceed until County has approved such insurance.

2.19 EXECUTION OF THE AGREEMENT AND NOTICE TO PROCEED

County will not execute the Agreement or issue a Notice to Proceed with the work until Bidder has submitted and County has approved Bidder’s Faithful Performance and Labor and Material Payment Bonds, proof of insurance, and initial job progress schedule. All such submittals must be received by County within

7 calendar days of award of the Contract. Any claims by Contractor for adjustments in time and/or cost for delays in issuing the Notice to Proceed due to Contractor’s failure to deliver bonds, insurance, and initial job progress schedule acceptable to County will not be considered.

2.20 NO CLAIM FOR COSTS OF PREPARING BIDS

County will not be responsible for any expenses incurred by any Bidder in attending Pre-Bid Meetings or in preparing or submitting bids, bid bonds, or any other documents prepared by any Bidder prior to the

Award of the Contract.

2.21 BIDDERS INTERESTED IN MORE THAN ONE BID

No person or entity shall submit or be interested in more than one Bid as prime contractor for the same work. A person or entity who has submitted a subproposal to a Bidder, or who has quoted prices on materials to a Bidder, is not hereby disqualified from submitting a subproposal or quoting prices to other Bidders.

2.22 NON-COLLUSION DECLARATION

Pursuant to Public Contract Code Section 7106, each Bidder must execute the Non-Collusion Declaration contained in the Bid Documents and submit it with the Bid.

The County may require that the Contractor, before awarding any subcontract, secure Non-Collusion

Declarations from proposed Subcontractors.

2.23 SUBSTITUTIONS

Bidders shall submit Bids covering the materials, equipment, products, processes, articles, or services as specified in the Contract Documents. County will not consider any request for a substitution prior to the opening of Bids.

2.24 CONTRACTOR'S LICENSE

Pursuant to Business & Professions Code Section 7028.15, County will not consider any Bid submitted by a Bidder that does not hold a valid contractor’s license at the time of submitting its Bid. This requirement is not a mere formality, and it will not be waived by the Board of Supervisors. The classification of contractor's license required for the performance of this Contract is specified in the Notice Inviting Bids.

2.25 COMPLIANCE WITH LAWS AND REGULATIONS

Contractor represents and warrants that services to be provided under this Contract shall fully comply, at

Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by

County. Contractor acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to the requirements of the Insurance and Indemnification section, Contractor agrees that it shall defend, indemnify and hold County and County Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.

Contractor shall remain in compliance and in good standing, maintaining current and active business entity and/or nonprofit registration status, with all applicable federal, state and local registration requirements at the time of execution of the contract through the duration of the term of the Contract, and shall provide annual confirmation of current and active status to County through the term of the Contract.

2.26 TIME IS OF THE ESSENCE

Time is of the essence to the contract. Contractor shall complete the project within the contract time as defined in the “contract price and time” section of the agreement. Failure to meet this requirement will subject contractor to liability for liquidated damages pursuant to the “liquidated damages” section of the agreement.

2.27 ALLOWANCES

Allowances, where included, are listed in the Bid as lump-sum estimates. The tasks, conditions, standards, and schedules for performance of Allowances shall be subject to prior written approval of County. Payment for Allowances shall be in accordance with the “Allowances” subsection of the “Payments” Section of the

General Conditions. Any costs exceeding the maximum amount of any Allowance shall be addressed in accordance with the “Changes” Section of the General Conditions. Upon completion of the Project, each

Allowance estimate will be corrected for unused balances by Change Order to reflect the actual amount authorized for that Allowance.

2.28 LEVINE ACT REQUIREMENTS

Effective January 1, 2023, Government Code Section 84308, otherwise known as the “Levine Act,” became applicable to members of the Board and other County officials. In order to comply with this requirement, Bidder shall furnish the required Campaign Contribution Disclosure Information form as a required submittal with its Proposal. Failure to include the form as required will render the bid nonresponsive.

2.29 MANDATORY PRE-BID MEETING AND SITE VISIT

County may hold a pre-bid meeting and site visit. If this meeting is mandatory, each Bidder shall familiarize itself with the Project site.

A Mandatory pre-bid meeting and site visit will be held on Wednesday, September 30, 2026 at 9:00 am.

The meeting place will be at Prima Deshecha Landfill 32250 Avenida La Pata, San Juan Capistrano, CA

92675 Sign-in will be with Procurement. No one will be admitted after 9:10am. Failure of any pre-qualified bidder to attend this mandatory pre-bid meeting and site visit shall constitute a substantial variation from the requirements of the contract and the bid of any bidder not in attendance will be rejected as non-responsive. All potential bidders must sign-in to verify their attendance., sign-in will be available.

Failure of any Bidder to attend a mandatory pre-bid meeting and site visit shall constitute a substantial variation from the requirements of the Contract Documents and the Bid of any Bidder not in attendance will be rejected as nonresponsive. If you have any questions regarding the pre-bid meeting and site visit, please contact County’s representative, Albert Rodriguez at (714) 667-9662.

2.30 AWARD OR REJECTION OF BIDS

The award of the Contract, if it is awarded, will be to the lowest responsive and responsible Bidder complying with these Instructions and the Notice Inviting Bids.

County’s determination of the lowest Bid price shall be the lowest Base Bid Amount without consideration of the prices on any Additive or Deductive items. However, Deletable Bid Items will be considered as part of the Base Bid Amount.

The Bidder shall submit its Bid on a lump sum and/or unit price basis as set forth in the pre-printed Bid

Form. Quantities and prices represented on the Bid Schedule are used for bidding purposes. The approved

Schedule of Values shall be the basis for all of Contractor’s payment requests and invoices .

Bids shall include all costs necessary to comply with the requirements of the Contract Documents. Bids premised on other bases will not be considered. Bids that do not reference all Addenda or that are not submitted on the prescribed forms and that provide all required information may be rejected as non-responsive.

Bids in which the total cost for an individual Bid Item does not correspond to the quoted unit price may be rejected as non-responsive. In any conflict between the unit price and the total cost calculated for an individual item, the unit price shall prevail.

A responsive Bidder shall mean a Bidder who has submitted a Bid which conforms, in all material respects, to the Bid Documents.

A responsible Bidder shall mean a Bidder who has demonstrated the attribute of trustworthiness, as well as the quality, fitness, capacity, and experience to satisfactorily perform the Contract. In determining responsibility, County may consider any or all of the following criteria, among others:

A. The ability, capacity, and skill of the Bidder to perform the work or provide the service required by the Contract.

B. Whether the Bidder can perform the Contract promptly, and within the time specified, without delay or interference.

C. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder.

D. The quality of Bidder’s performance of previous contracts.

E. Bids will only be considered from Pre-Qualified Bidders.

If County accepts this Bid and the Bidder fails to submit acceptable bonds, insurance, initial job progress schedule, and any other documents required by the Instructions to Bidders or Contract Documents prior to execution of the Contract, or if such Bidder fails to execute the Agreement within the timeframes specified therein, County may, at its option, determine that the Bidder has abandoned the Contract. Upon such determination, the Bidder shall forfeit any security accompanying this Bid, and said security shall become the property of County, and County may proceed to award the Contract to the next lowest responsive, responsible Bidder.

2.31 RIGHTS RESERVED TO COUNTY

The County reserves the right to:

A. Waive, at its discretion, any non-material defects, irregularity, or informality, which County deems correctable or otherwise not warranting rejection of the bid that do not result in any unfair competitive advantage.

B. Verify and validate any information prior to Contract Award and during the entire term of the

Contract.

C. Make multiple awards to Bidders for services requested in this solicitation, at its sole discretion, to serve the best interests of the County.

D. Accept or reject in whole or in part any or all bids received as a result of this solicitation at its sole discretion and to solicit for new bids, as the best interest of the County may require.

E. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representation that any contract will be awarded to any Bidder responding to this solicitation.

F. Negotiate the final Contract with the lowest, responsive and responsible Bidder or Bidders as necessary to serve the best interests of the County.

G. Award its total requirements to one Bidder or to apportion those requirements among two or more

Bidders as the County may deem to be in its best interests; therefore, bids must be provided for each item separately; “all-or-none” bids will not be accepted unless in the best interest of the

County.

H. Review and approve the Contractor’s Schedule of Values in accordance with the “Project Schedule and Schedule of Values” Section of the General Conditions, however, notwithstanding acceptance of this Bid.

I. Include or exclude from the Project, at any time prior to completion of the work, any Additive, Deductive, or Deletable Bid Items. Payment shall be adjusted in accordance with the unit cost for each item as set forth in the Bid. Contractor shall not be entitled to any adjustment of unit costs set forth in its Bid for any Additive, Deductive, or Deletable Bid Items even if those items are added, deducted, or deleted after award of the Contract.

J. Defer award of this Contract for a period of 180 days after the Bid opening. During this period, Bidders shall guarantee the prices quoted in their Bids. County and the lowest responsive, responsible Bidder may mutually agree in writing to extend this deferral period.

SECTION 3. Protest Procedures

Any actual or prospective bidder or respondent who alleges an error or impropriety in the solicitation or award of a contract may submit a grievance or protest to Albert Rodriguez at albert.rodriguez@ocwr.ocgov.com, as set forth herein.

PROTEST PROCEDURES

All protests shall be typed under the protestor’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

A. The name, address, and telephone number of the protestor;

B. The signature of the protestor or the protestor’s representative;

C. The solicitation or contract number;

D. A detailed statement of the legal and/or factual grounds for the protest; and, E. The form of relief requested.

Protest of Solicitation Specifications:

A. All protests related to solicitation specifications must be submitted to the Deputy Procurement

Agent (DPA), Albert Rodriguez at albert.rodriguez@ocwr.ocgov.com, no later than five (5) business days prior to the Closing Date of the solicitation. Protests received after the five (5) business-day deadline will not be considered by the County.

B. In the event the protest of specifications is denied, and the protestor wishes to continue in the solicitation process, the protestor must still submit a bid/response prior to the close of the solicitation in accordance with the solicitation submittal procedures provided in this solicitation.

Protest of Award of Contract:

A. Protests related to the award of a contract must be submitted to the Deputy Procurement

Agent, Albert Rodriguez at albert.rodriguez@ocwr.ocgov.com, no later than five (5) business days after the Notice of Solicitation Results is provided by the DPA.

B. Protests relating to a proposed contract award received after the five (5) business day deadline will not be considered by the County.

C. If the five (5) business day period expires without the receipt of a protest, the department may move forward with the contract award or if necessary, file the item for approval by the Board of

Supervisors.

Protest Process

A. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA issues a decision on the protest.

B. Upon receipt of a timely protest, the DPA will, within ten (10) business days of receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

C. The County may, after providing written justification, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

D. If the protestor disagrees with the decision of the DPA, the protestor may submit a written appeal to the County Procurement Officer requesting an appeal to the Procurement Appeals Board, in accordance with the process stated below.

APPEALS PROCESS

A. If the protestor wishes to appeal the protest decision of the Deputy Procurement Agent, the protestor must submit, within three (3) business days from receipt of the Deputy Procurement

Agent’s decision, a written appeal to the Office of the County Procurement Officer.

Written appeals must be sent by mail to the address below with a courtesy copy by email;

County of Orange/County Executive Office

County Procurement Office

400 W. Civic Center Drive, 5th Floor

Santa Ana, CA 92701

Attn: County Procurement Officer

CPOAppeals@ceo.oc.gov

B. Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the appeal, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the appeal shall be forwarded to the Procurement

Appeals Board.

C. The decision of the County Procurement Officer on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

SECTION 4. Scope of Work

4.1 SCOPE OF WORK

The project consists of design, permitting, and construction of the Zone 4 Phase A Landfill Gas (LFG)

Collection and Control System (LFGCCS) header installation. Work to include trenching, installation of new HDPE header piping, associated valves and appurtenances, tie-ins to existing LFG infrastructure, backfilling, testing, and restoration of disturbed areas. Contractors should account for site constraints including traffic control, construction sequence, coordination with landfill operations, subcontractor scheduling, and materials procurement. Completed work will provide the owner with improvements to the

LFGCCS, including the fully installed Zone 4 Phase A header and associated connections to the existing

LFG infrastructure, with the requirement that the contractor avoid damage to any existing infrastructure not designated for demolition and removal.

SECTION 5. OCLSB and DVBE Preference Policies Certification Requirements

County of Orange Local Small Business (OCLSB) Preference and Disabled Veteran Business

Enterprise (DVBE) Preference Policies Certification Requirements

5.1 OCLSB:

Effective January 1, 2020, County of Orange Board of Supervisors adopted the OCLSB Preference policy. Implementation of the OCLSB Preference policy supports local businesses, the local economy and the development of the County’s tax base.

mailto:CPOAppeals@ocgov.com

To be certified as a Local Small Business by the County of Orange, a business shall meet (1) and (2) below:

A. Local Business Requirements:

1. Maintains their principal center of operations (i.e. headquarters) within Orange County, and:

2. Has:

a. A business address located in the County of Orange that is not a post office box, or

b. A valid business license or certificate of occupancy issued by the County of Orange or by an Orange County city, or other documentation acceptable to the County of Orange.

B. Small Business Requirements:

1. Must be certified as a Small Business by the State of California Department of General

Services (DGS); and, C. Above requirements must be valid at the time of proposal submittal through the time of award of the contract. The terms and conditions of the contract shall additionally require the contractor to remain in compliance with the Local Business requirements (pursuant to subsection (a) above) through the term of the contract, including any extensions or renewals, and shall provide that contractor’s failure to comply may be construed by County as a material breach of the contract.

5.2 DVBE:

Effective January 1, 2021, County of Orange Board of Supervisors adopted the DVBE Preference policy.

The DVBE Preference policy supports local business opportunity, economy and the development of

County’s tax base, and in addition recognizes the service and sacrifice given by the men and women of our

Armed Forces.

To be certified as a Disabled Veteran Business Enterprise by the County of Orange, a business shall meet

(A) and (B) below:

A. Must be certified as a DVBE by the State of California Department of General Services (DGS);

and, B. DGS DVBE requirements must be valid at the time of bid/proposal submittal through the time of award of the contract. The terms and conditions of the contract shall additionally require the contractor to remain in compliance with the DVBE requirements (pursuant to subsection (a) above) through the term of the contract, including any extensions or renewals, and shall provide that the contractor’s failure to comply may be construed by the County as a material breach of the contract.

To participate as an OCLSB and/or DVBE please read and follow the process outlined in COUNTY OF

ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN BUSINESS

ENTERPRISE (DVBE) CERTIFICATION REQUIREMENTS in the SUPPLIER RESPONSES.

*NOTE: DVBE PREFERENCE IS NOT APPLICABLE TO PUBLIC WORKS OR A-E

CONSTRUCTION PROJECTS.

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true

5.3 OCLSB/DVBE CERTIFICATION REQUIREMENTS:

County Of Orange Local Small Business (OCLSB) Preference And Disabled Veteran Business

Enterprise (DVBE) Certification Requirements

A. To participate as an OCLSB and/or DVBE the following requirements must be met:

1. Must be certified with State of California the Department of General Services (DGS) as a

Small Business.

2. Must be certified with DGS as an OCLSB and/or DVBE.

3. Maintains their principal center of operations (i.e. headquarters) within Orange County.

4. Certification must be valid at the date/time solicitation is closed, and it shall remain in effect at the time of contract award and through the term of the contract. County reserves the right to verify and/or reject incomplete documents.

5. Complete and sign the Affirmation form attached herein. The signed Affirmation form and the OCLSB Certificate are required and must be returned with the solicitation response.

Verify with County: Once a firm becomes certified by the DGS as a small business, the firm shall access the County’s OCLSB verification portal to search for their company legal name in the OCLSB verification database.

B. OCLSB or DVBE Preference provides for the following:

1. Invitation for Bid – IFB

A five percent (5%) deduction in the original bid price shall be applied to all confirmed

OCLSB or DVBE bidders for evaluation purposes. If the lowest bidder is a certified OCLSB or DVBE bidder, the contract will be awarded at the certified OCLSB or DVBE’s original bid price. The maximum allowable preference deduction is $100,000.

2. Request for Proposal - RFP

a. No Cost - Any Request for Proposals that does not include cost as a scoring criteria shall instead apply the five percent (5%) or eight percent (8%) preference percentage pursuant to the eligibility requirements above to a scoring criteria in the RFP that makes up no more than twenty percent (20%) of the total RFP.

b. With Cost - An additional five percent (5%) shall be applied to the total cost of each certified OCLSB or DVBE to obtain their final score. If the final score of any OCLSB or

DVBE matches the final score of a respondent who is not an OCLSB or DVBE, preference shall be given to the certified OCLSB or DVBE. If two or more OCLSBs and/or DVBEs have the same final score, the County shall determine the contract award based on the County’s best interests. Notwithstanding these preference procedures, the

Orange County Board of Supervisors reserves the right to award contracts in any other permissible manner in consideration of the County’s best interests.

C. Dual OCLSB and DVBE Preference provides for the following:

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx?psNewWin=true http://www.oclsbverify.com/

1. Business Certified as OCLSB and DVBE

If a State-certified OCLSB is also a State-certified DVBE, the preference given to that business shall be 8% instead of 5%.

D. Subcontractors

If bidder is submitting subcontractors to qualify for the OCLSB or DVBE preference, bidder must demonstrate through the Staffing Plan that 20% of the total bid amount is allocated to the OCLSB and/or DVBE subcontractor(s).

*NOTE: DVBE PREFERENCE IS NOT APPLICABLE TO PUBLIC WORKS OR A-E

CONSTRUCTION PROJECTS.

5.4 OCLSB PREFERENCE POLICY - CONSTRUCTION:

For solicitations awarded to the lowest responsive and responsible bidder, a preference of five percent (5%) of the lowest bid will be applied to certified bidders who request the preference pursuant to County policy.

This preference will be applied to all certified bidders who qualify, including the lowest responsive, responsible bidder. However, the awarded contract price will remain the bidder’s original bid price and not the adjusted price used for evaluation purposes.

Please note, the total preference applied under this program cannot exceed five percent (5%) of the lowest bid, with a maximum cap of $100,000.

Eligibility for Contractors Using OCLSB Subcontractors – Prime contractors that do not otherwise meet the OCLSB certification requirements may still qualify for OCLSB preferences by virtue of their use of

OCLSB subcontractors. To qualify for the preferences by using certified OCLSB subcontractor(s), twenty percent (20%) of the total proposed contract amount must be allocated to OCLSB subcontractors identified in the List of Subcontractors.

5.5 OCLSB AND DVBE SUBCONTRACTOR REQUIREMENT - CONSTRUCTION:

This project is estimated to exceed five million dollars ($5,000,000). As a result, at least 3% of the total contract value must be subcontracted to an Orange County Local Small Business (OCLSB) or Disabled

Veteran Business Enterprise (DVBE). Under the Public Contract Code, no DVBE preference can be applied to Public Works projects.

The Bid may be declared non-responsive if the Bidder fails to include at least 3% of the total contract value subcontracted to certified OCLSB or DVBE subcontractors.

5.6 OCLSB SUBCONTRACTOR PARTICIPATION - CONSTRUCTION

For the purpose of satisfying subcontracting participation requirements and/or being eligible for the preference, only 1st-tier OCLSB subcontractors will be recognized as participants in the Contract according to the following criteria:

A. For credit to be allowed toward a respective participation level, all listed OCLSB firms shall have been certified by the Bid due date.

B. The Subcontractor shall perform a commercially useful function for credit to be allowed toward subcontractor participation levels. The Subcontractor shall be required by you to be responsible for the execution of a distinct element of the Work and shall carry out its responsibility by actually performing and supervising its own workforce.

C. If the Bidder is seeking the recognition of materials, supplies, or both towards achieving any mandatory subcontracting participation level, the Bidder shall indicate on the Subcontractor List with the Bid the following:

1. If the materials or supplies are obtained from a OCLSB manufacturer, the Bidder will receive

100% of the cost of the materials or supplies toward OCLSB participation. For the purposes of counting OCLSB participation, a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.

2. If the materials or supplies are obtained from a OCLSB supplier, the Bidder will receive 60% of the cost of the materials or supplies toward OCLSB participation. For the purposes of counting OCLSB participation a Supplier is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a supplier, the firm shall be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a supplier in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business if the person both owns and operates distribution equipment for the products. Any supplementing of the suppliers’ own distribution equipment shall be by a long-term lease agreement and shall not be on an ad hoc or contract-by-contract basis.

3. If the materials or supplies are obtained from an OCLSB, which is neither a manufacturer nor a supplier, the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, fees or transportation charges for the delivery of materials or supplies required on a job site will be counted toward OCLSB participation, provided the fees are reasonable and not excessive as compared with fees customarily allowed for similar services. No portion of the cost of the materials and supplies themselves will be counted toward OCLSB participation.

D. If the Bidder is seeking the recognition of OCLSB Trucking towards achieving any mandatory subcontracting participation level, the Bidder shall indicate it on the List of Subcontractors with the Bid. The following factors will be evaluated in determining the credit to be allowed toward the respective participation level:

1. The OCLSB shall be responsible for the management and supervision of the entire trucking operation for which it is getting credit on a particular Contract and there shall not be a contrived arrangement for the purpose of counting OCLSB participation.

2. The OCLSB shall itself own and operate at least 1 fully licensed, insured, and operational truck used on the Contract.

3. The OCLSB receives credit for the total value of the transportation services it provides on the

Contract using trucks it owns, insures, and operates using drivers it employs.

4. The OCLSB may lease trucks from another OCLSB firm including an owner-operator who is certified as an OCLSB. The OCLSB who leases trucks from another OCLSB receives credit for the total value of the transportation services the lessee OCLSB provides on the contract.

5. The OCLSB may also lease trucks from a non-OCLSB firm, including an owner-operator. The

OCLSB who leases trucks from a non-OCLSB is entitled to credit for the total value of transportation services provided by non-OCLSB lessees not to exceed the value of transportation services provided by OCLSB owned trucks on the contract. Additional participation by non-OCLSB lessees receive credit only for the fee or commission it receives as a result of the lease arrangement.

6. A lease shall indicate that the OCLSB has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the OCLSB so long as the lease gives the OCLSB absolute priority for use of the leased truck.

5.7 OCLSB SUBCONTRACTOR PARTICIPATION PERCENTAGE -

CONSTRUCTION

A. The Bidder must achieve the mandatory Subcontractor participation requirement.

B. The Bidders shall indicate the participation on the List of Subcontractors regardless of the dollar value.

C. An OCLSB Bidder may count its own participation toward achieving the subcontracting requirement as long as the OCLSB Bidder performs at least 51% of the Contract Price.

5.8 OCLSB MAINTAINING PARTICIPATION LEVELS - CONSTRUCTION

A. Credit and preference points are earned based on the level of participation proposed prior to the award of the Contract. Once the Project begins, Contractor shall achieve and maintain the OCLSB and/or DVBE participation levels for which credit and preference points were earned. Contractor shall maintain the OCLSB and/or DVBE percentages indicated at the contract award and throughout the contract term.

B. If the County modifies the original Scope of Work, the Contractor shall make reasonable efforts to maintain the OCLSB and/or DVBE participation for which…