Heavy_Equipment_Rental_with_Operator_Services.pdf

County of Orange, OC Public Works

Invitation for Bid for Heavy Equipment Rental with Operator Services

IFB # IFB-080-3025403-RN

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

COUNTY OF ORANGE

OC Public Works

PROCUREMENT SERVICES

601 N. Ross St.

Santa Ana, CA

92701

Date: Monday, March 30, 2026

INVITATION FOR BIDS

FOR: HEAVY EQUIPMENT RENTAL WITH OPERATOR SERVICES

BID MUST BE RECEIVED BEFORE:

April 27, 2026 / 2:00 pm

IFB # IFB-080-3025403-RN

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 - 080-3025403-Heavy Equipment Rental w Operator-Model Contract-OpenGov

B - Reference Questionnaire Template

County of Orange IFB

OC Public Works - Heavy Equipment Rental with Operator Services, IFB-080-3025403-RN

SECTION 1. General Information

1.1 BACKGROUND

This Contract is for the rental of various types and sizes of equipment with operator. Contractor shall supply, deliver, pick up, repair, and service for all required rental equipment. Heavy Equipment Rental with Operator Services shall be provided on an as-needed basis as required by the County and/or District.

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), Richard Nguyen, 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 oral information.

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

Answer section by Monday, April 13, 2026 before 2:00 pm.

1.4 COMMUNICATION

Bidders are not to contact other County personnel with any questions or clarifications concerning this

Invitation for Bid (IFB). 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 IFB other than through or approved by County is unauthorized and will be considered invalid.

County's Deputy Procurement Agent, Richard Nguyen, richard.nguyen@ocpw.ocgov.com, will provide all official communication concerning this IFB.

1.5 BID VALIDITY

Bids will be valid for a period of 120 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 REVIEW

Before submitting a bid, Bidders shall carefully review the General Instructions and examine the solicitation contents, including the Model Contract Terms, Conditions and Scope of Work. Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the Contract. The Model

Contract contained in this solicitation is the Contract proposed for execution. Upon award, awarded Bidder will be required to sign and submit Contract for execution.

2.2 RESPONSIVENESS

Responsive bids shall include completed submittals/attachments provided in the Vendor Responses.

2.3 BID SUBMISSION

Electronic Bids shall be submitted via the County’s online bidding system via the following link https://procurement.opengov.com/portal/ocgov. All required sections of the IFB as listed above, must be submitted via the County’s eProurement Portal. Bidder is solely responsible for “on time” submission of their electronic bid. The County will not accept late bids and no exceptions shall be made. County will only receive those bids that were transmitted successfully.

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.

2.4 AWARD

Upon recommendation of Contract award, Bidder will be required to submit the following documents within seven (7) days of County notification, unless otherwise specified in the solicitation:

A. Insurance: Certificate(s) of Insurance, including additional Insured Endorsement(s); refer to Model

Contract, Article-Insurance mailto:procurement-support@opengov.com

B. W-9 Form: Current signed W-9 (Taxpayer ID No & Certification), which includes Contractor’s

Legal Business Name(s). Out of State Vendors are required to submit a 587/590 Form.

2.5 PRICING

A. Bid Prices: The bid prices quoted on this solicitation shall be firm for the entire contract term of the awarded Contract.

B. Addenda: Bid prices offered shall reflect all addenda issued by County.

C. Scope of Work: Bids shall be submitted only for the items and/or services as stated in the Scope of

Work, Attachment A of Model Contract; bids for other than the items and/or services listed will not be considered.

D. Firm Prices: The County will only consider firm price bids.

E. Profit: The net amount of profit will remain firm for the entire term of the Contract. Contract adjustments which increase Contractor’s profit will not be allowed.

F. Price Decreases: All price/rate decreases will automatically be extended to the County. Please reference Paragraph – Price Increase/Decrease provision for additional information.

G. Acceptance: Bids must be provided for each item separately, “all-or-none” bids will not be accepted unless in the best interest of the County.

2.6 SUBSTITUTIONS

Bids offering equivalent items meeting the standards of quality specified in the solicitation may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the specified brand. Unless Bidder specifies otherwise, it is understood that the Bidder is offering the brand item as specified in the solicitation. If Bidder bids an “equal,” Bidder must state the brand name and must submit complete specifications and/or provide samples with the bid. Determination of equality shall be at the sole discretion of the County. If it has been justified and accepted by the requesting agency/department and/or a County standards committee that only one brand can meet the

County’s requirements, “no exceptions” shall be noted in the specifications. All requests for substitutions must be submitted within the Question and Answer period and upon approval by the County, the bidder shall include the approved substitution in the Pricing table for the item(s).

2.7 DISCREPANCIES

Bidder shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County.

If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the County's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid.

If the solicitation provided for evaluation and award on a line item or combination of items basis, the County may consider permitting withdrawal of specific line item(s) or combination of items.

2.8 BID EXPENSES

The County shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet. Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:

A. Preparing its bid in response to this IFB.

B. Submitting that bid to the County.

C. Negotiating with the County any matter related to the bid; and, D. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the

Contract.

2.9 ACCEPTANCE/REJECTION/AWARD

A. Bids submitted in response to this IFB may become subject to public disclosure under the California

Public Records Act, and other applicable law. The County shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the County.

B. The lowest responsive, responsible Bidder will be recommended for contract award.

C. Bids will be reviewed by the County for responsiveness to all requirements. The County has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein.

D. Only those responsible, responsive bids meeting all solicitation requirements and specifications shall be further reviewed for consideration for award. Award shall be based on the lowest, responsive, responsible bid.

E. Please take notice, non-acceptance of the County of Orange terms and conditions, incorporated in model contract, may deem a bid non-responsive. County may not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.

F. Final award determination shall be based upon the lowest responsive, responsible bid, and may also include a review of Bidder’s ability to meet the requirements and perform the services specified in this solicitation; Bidder’s references and past performance; and Bidder’s acceptance of County of Orange terms and conditions.

G. By submitting a response to this solicitation, Bidders agree to accept the decision of the County DPA as final.

H. Awarded Bidder will be required to sign a contract upon award. If Bidder is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation.

2.10 RIGHTS RESERVED TO COUNTY

The County reserves the right to:

A. Request a sample for determining equality with the specified brand.

B. 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.

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

Contract.

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

E. 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.

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. 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.

H. 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.

I. 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.

2.11 JOINT BIDS

Where two or more Bidders desire to submit a single bid in response to a solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm or multiple firms, but not with multiple firms doing business as a joint venture.

2.12 UNFAIR PRACTICES AND OTHER LAWS

Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section

17000 et seq.) and all applicable County, State and Federal laws and regulations.

2.13 INDEPENDENCE OF BID

By submitting a bid, Bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of anti-trust laws.

2.14 AMERICANS WITH DISABILITY ACT (ADA)

To comply with the non-discrimination requirements of the ADA, it is the policy of the County to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you must contact the buyer listed in the solicitation.

2.15 CONTRACTOR SAFETY

Contractor shall comply with the County’s Safety and Loss Prevention Policy and Procedure#306

(“Contractor Safety Responsibilities”) and submit a copy of their Injury and Illness Prevention Program

(IIPP) and Contractor Safety-Activity Checklist to the County’s Project Manager prior to the start of any work performed under the Contract. Contractor will notify County Project Manager of any revisions to the

Safety-Activity Checklist and will provide a new Safety-Activity Checklist upon County request. The IIPP shall comply with California Code of Regulations, Title 8, Section 1509 or 3203(whichever applies).

Contractor shall submit other safety programs that pertain to the type of job that will be performed on site.

County reserves the right to conduct inspections and audits as necessary for the purpose of evaluating any aspect of safety performance under this Contract.

2.16 DUNS NUMBER

The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your bid submission response.

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 Richard Nguyen at richard.nguyen@ocpw.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), Richard Nguyen at richard.nguyen@ocpw.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, Richard Nguyen at richard.nguyen@ocpw.ocgov.com, no later than five (5) business days after the Notice of Solicitation Ranking 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.

mailto:CPOAppeals@ocgov.com

SECTION 4. Scope of Work

4.1 HEAVY EQUIPMENT RENTAL WITH OPERATOR SERVICES

I. SCOPE OF WORK: This Contract is for the rental of various types and sizes of equipment with operator. Contractor shall supply, deliver, pick up, repair, and service for all required rental equipment.

Heavy Equipment Rental with Operator Services shall be provided on an as-needed basis as required by the County and/or District.

II. GENERAL SPECIFICATIONS:

A. The primary type of work the rental equipment will be utilized for is grading, excavation, backfill, rock rip-rap placement, and daylighting/silt removal on County and/or District flood control channels.

B. To a lesser degree equipment will be used for various road and flood control maintenance.

C. Equipment may be requested under routine daily operations and/or in the event of emergency operations. Therefore, equipment may be required to be delivered during adverse weather conditions

(heavy rainfall), in areas of limited access and/or during the night.

D. Rental equipment is to supplement OC Public Works/Operations & Maintenance fleet and no guaranty of usage shall be given.

E. Items to be rented are listed on Attachment B “Contractor’s Pricing” and are the most frequently rented. Other pieces of equipment other than those listed may be required.

F. Name brand listed on Attachment B “Contractor’s Pricing” is for equipment type and size reference.

Bids offering equivalent items meeting the standards of quality specified may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the specified brand. Unless bidder specifies otherwise, it is understood that the bidder is offering the brand item as specified. If contractor bids an “equal,” contractor must state the brand name and must submit complete specifications. Determination of equality shall be at the sole discretion of County and/or

District, and County and/or District reserves the right to request a sample for determining equality with the specified brand.

G. Miscellaneous like equipment other than those listed in Attachment B “Contractor’s Pricing” may be necessary for rental under this Contract. Contractor shall provide a written quote to Project Manager upon request of miscellaneous equipment and the quote shall include the total amount.

H. During storm emergency operations it may be necessary to run a piece of rental equipment on the beach and in the surf. County may be required to place sand berms to protect the public and private property in coastal locations. County will wash off all equipment with fresh water as soon as possible after encountering saltwater conditions.

III. EQUIPMENT: Contractor shall provide all equipment as specified herein. Name brand, if listed, is for equipment type and size reference. Bids offering equivalent items meeting the standards of quality specified may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the specified brand. Unless bidder specifies otherwise, it is understood that the bidder is offering the brand item as specified. If contractor bids an “equal,” Contractor must state the brand name and must submit complete specifications of equipment being offered. Determination of equality shall be at the sole discretion of County and/or District, and County and/or District reserves the right to request a sample for determining equality with the specified brand.

A. All vehicles utilized in the performance of this Contract must meet all vehicle operating requirements of the State of California Department of Motor Vehicles (DMV), California Occupational Safety and Health Administration (CAL/OSHA) regulations, and all other applicable codes required in the State of California.

IV. CONTRACTOR/OPERATOR REQUIREMENTS:

A. Contractor shall supply all pertinent licenses, permits, and fees necessary to perform the work under this Contract.

B. Contractor is responsible for ensuring that all owned and/or brokered equipment operators are in possession of a valid California Commercial Driver's License (CDL) with appropriate Class and/or endorsements as required by the California Department of Motor Vehicles (DMV) for the type of equipment being operated at all times during the performance of services under this Contract.

C. Contractor shall abide by all rules and regulations as mandated by the California DMV, California Department of Transportation (DOT), California Vehicle Code, Section 34520 and the Code of Federal Regulations, Title 49.

D. All Heavy Equipment Operators performing services under this Contract shall have a minimum of three (3) years’ experience to be qualified to operate the equipment. Successful completion of a formal apprenticeship program offered by vocational schools and/or trade unions, such as the International Union of Operating Engineers (IUOE), may be substituted for the experience, upon County’s written approval.

E. Heavy Equipment Operators shall perform work as directed by the County’s Project Manager.

F. All work performed under this Contract shall comply with all State and Federal mandated safety standards.

G. Contractor shall respond to requests on a 24-hour a day, 7-days a week basis. No award will be made to a vendor not available 24/7.

H. Contractor shall be responsible for delivering equipment to various Orange County locations as specified at the time of ordering. Contractor shall provide County’s Project Manager with an order number at the time of ordering.

I. Additional moves may be required during any rental period. Contractor is responsible for moving the equipment as requested by County’s Project Manager.

J. Contractor shall allow County and/or District to move rental equipment between job sites utilizing County and/or District’s vehicles as needed. County and/or District shall notify Contractor that the equipment is being moved and the new location where the equipment will be used.

K. Contractor is responsible for scheduling and removing equipment from the job site(s) when notified by County’s Project Manager.

L. All rental charges shall stop the day Contractor is notified to pick up the equipment. Contractor shall provide County’s Project Manager with a rental cancellation number at the time of cancellation.

M. County and/or District will no longer be responsible for damages, once the equipment is picked up from the job site.

N. Equipment must be removed from job site within 48 hours of notification to Contractor to pick up equipment unless an extension of time is approved by County’s Project Manager.

O. Contractor assumes full responsibility for obtaining all necessary transportation permits.

P. Contractor must have equipment delivered to the job site within 3 hours of the order being placed when item is requested in an emergency situation.

Q. Contractor’s response time to County and/or District’s requests for equipment in an emergency situation is critical. Contractor is advised that delivery times need to be precise when given to County’s Project Manager at time of ordering. Failure to provide accurate and responsible equipment availability & response times under emergency requests shall be grounds for immediate termination of this Contract.

R. Contractor shall allow County and/or District to pick up equipment at Contractor’s facility using County and/or District’s vehicles upon request by County and/or District.

S. Contractor is required to provide the names and telephone numbers of personnel available 24-hours at the beginning of this Contract.

T. The performance of all routine maintenance and repair services shall be the responsibility of the Contractor at no cost to County and/or District. Contractor shall schedule routine services during County and/or District’s lunch downtime or after hours.

U. Contractor shall respond to service calls and request for tire or other repairs within two hours.

V. Repeated lengthy delay in response to repairs requests or inability to swap out malfunctioning equipment shall be grounds for termination of Contract.

W. Contractor shall submit to County and/or District a list of owned equipment for each piece of equipment listed in Attachment B “Contractor’s Pricing” with their bid.

X. Contractor shall ensure that all equipment rented must be in compliance with the rules and regulations of the Air Quality Management District when operating in each district’s geographical area of responsibility.

Y. Contractor’s Personnel:

1. Background/Security: All personnel engaged in performance of this Contract shall be warranted to possess sufficient experience and security records to perform this work. Contractor shall conduct a thorough background investigation of each employee providing services under this Contract, including but not limited to, investigation of employment and police records and shall maintain copy of that request.

2. Conduct: Contractor personnel providing services under this Contract shall not be incompetent, disorderly, under the influence of alcohol or drugs, who fails or otherwise refuses to perform the work properly and acceptably, or is otherwise objectionable. While performing services under this Contract, personnel consistently come into contact with the general public. Personnel must be respectful and courteous to the public at all times. County and/or District expressly retains the right to request any specific Contract personnel be precluded from providing services to County and/or District under this Contract.

County and/or District is not required to provide any reason for requested removal of specified Contract personnel. Contractor shall effectuate removal of the requested Contractor personnel within three (3) business days.

V. ADDITIONAL REQUIREMENTS:

A. County’s Project Manager will be responsible for ordering and cancelling equipment request with Contractor.

B. County and/or District will place orders for equipment rental at least 24 hours in advance of the required dated and time except for emergency situations.

C. Contractor shall be responsible for moving requested equipment to work location as specified by the Project Manager. Contractor shall be responsible for obtaining all necessary transportation permits. During emergency operations, County and/or District may assist in obtaining permits if the circumstances necessitate.

D. County’s Project Manager will notify Contractor of any damages sustained to the equipment as a result of operator or County and/or District’s negligence.

E. County and/or District shall assume liability for any damage repairs that have been determined to be the result of operator or County and/or District negligence, and reasonable repair costs shall be paid by County and/or District upon receipt of Contractor invoice. Contractor shall issue a separate invoice for such charges as these charges may be paid separately from the rental rates in this Contract. Damage Waivers shall not apply and shall not be paid, as County and District is self-insured.

F. Contractor shall be responsible for any damages sustained to any private and/or County and/or District equipment or facilities as a result of Contractor's operations. All damage will be repaired or replaced, at the option of County and/or District, at Contractor’s expense within two (2) business days after notification of such damage by Project Manager. Exception: Urgent repairs as determined by County’s and/or District’s Project Manager shall be completed immediately.

Repairs and/or replacements will be equal to original in all aspects.

G. Best Management Practices (BMP):

1. Contractor shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans).

2. The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District (District) and cities within Orange County, as copermittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises under this Contract. County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System.

3. To assure compliance with the Stormwater Permits and water quality ordinances, County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMP) that Parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost-effective manner. These BMPs are found within County and/or District’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff.

4. Work shall be performed in conformance with BMP; see fact sheets FF-3 “Equipment Maintenance and Repair”, FF-4 “Fueling”, FF-10 “Spill Prevention and Control” and FF-11 “Vehicle and Equipment Cleaning” downloaded from the following webpage:

www.ocwatersheds.com/documents/bmp/municipalactivities https://www.ocwatersheds.com/documents/bmp/municipalactivities

5. These BMP Fact Sheets may be modified during the term of the Contract; and County and/or District’s Project Manager shall provide Contractor with any such modified BMP Fact Sheets.

6. Contractor shall, throughout the term of this Contract, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Contract commences or as the Stormwater Permits may be modified. Contractor agrees to maintain current copies of the BMP Fact Sheets on the job sites throughout the term of this Contract. The BMPs applicable to uses authorized under this Contract must be performed as described within all applicable BMP Fact Sheets.

7. Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County and/or District’s Project Manager for review and approval prior to implementation.

8. County and/or District’s Project Manager may visit the job sites and/or review Contractor’s records at any time to assure that activities conducted on the job sites comply with the requirements of this section. Contractor may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

H. County and/or District shall return all equipment to Contractor with a full tank of fuel. County and/or District shall be responsible for reasonable fuel charges if equipment is returned without a full tank of fuel

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.

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.

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 VENDOR RESPONSES.

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

CONSTRUCTION PROJECTS.

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. - https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

2. Must be certified with DGS as a DVBE. - https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

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. County reserves the right to verify and/or reject incomplete documents.

https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

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

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:

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.

SECTION 6. Electronic Fund Transfer (EFT)

If awarded, the County offers Bidder the option of receiving payment directly to its bank account via an

Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT shall also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address shall need to be provided to County via an EFT Authorization Form. A copy of the EFT form is attached as an Exhibit to this solicitation.

SECTION 7. Pricing

Line Item Description Approved

Substitutions Quantity Unit of

Measure Unit Cost Total No Bid

1 TRACK EXCAVATOR - CAT 314 OR

(APPROVED EQUAL) - DAILY RATE

1 Each

2 TRACK EXCAVATOR - CAT 325L (23'

DEPTH) OR (APPROVED EQUAL) -

DAILY RATE

1 Each

3 TRACK EXCAVATOR - CAT 330L (26'

DEPTH) OR (APPROVED EQUAL) -

DAILY RATE

1 Each

4 TRACK EXCAVATOR - CAT 320L OR

(APPROVED EQUAL) - DAILY RATE

1 Each

5 DOZER - JD D4C XL WITH ANGLE

BLADE & SLOPEBOARD OR

(APPROVE EQUAL) - DAILY RATE

1 Each

6 DOZER - CAT D4 SERIES OR

(APPROVED EQUAL) - DAILY RATE

1 Each

7 DOZER - CAT D5 SERIES OR

(APPROVED EQUAL) - DAILY RATE

1 Each

8 SKIPLOADER - BOBCAT 753 OR

(APPROVED EQUAL) - DAILY RATE

1 Each

9 RUBBER TIRE LOADER - CAT 950 OR

(APPROVED EQUAL) - DAILY RATE

1 Each

10 RUBBER TIRE LOADER - CAT 966 OR

(APPROVED EQUAL) - DAILY RATE

1 Each

11 RUBBER TIRE LOADER - CAT 980 OR

(APPROVED EQUAL) - DAILY RATE

1 Each

12 RUBBER TIRE BACKHOE - CAT

446B/JD710 OR (APPROVED EQUAL) -

DAILY RATE

1 Each

13 BLADE - CAT 12G OR (APPROVED

EQUAL) - DAILY RATE

1 Each

14 TRACK EXCAVATOR - CAT 314 OR

(APPROVED EQUAL) - WEEKLY

RATE

1 Each

15 TRACK EXCAVATOR - CAT 325L (23'

DEPTH) OR (APPROVED EQUAL) -

WEEKLY RATE

1 Each

Line Item Description Approved

Substitutions Quantity Unit of

Measure Unit Cost Total No Bid

16 TRACK EXCAVATOR - CAT 330L (26'

DEPTH) OR (APPROVED EQUAL) -

WEEKLY RATE

1 Each

17 TRACK EXCAVATOR - CAT 320L OR

(APPROVED EQUAL) - WEEKLY

RATE

1 Each

18 DOZER - JD D4C XL WITH ANGLE

BLADE & SLOPEBOARD OR

(APPROVE EQUAL) - WEEKLY RATE

1 Each

19 DOZER - CAT D4 SERIES OR

(APPROVED EQUAL) - WEEKLY

RATE

1 Each

20 DOZER - CAT D5 SERIES OR

(APPROVED EQUAL) - WEEKLY

RATE

1 Each

21 SKIPLOADER - BOBCAT 753 OR

(APPROVED EQUAL) - WEEKLY

RATE

1 Each

22 RUBBER TIRE LOADER - CAT 950 OR

(APPROVED EQUAL) - WEEKLY

RATE

1 Each

23 RUBBER TIRE LOADER - CAT 966 OR

(APPROVED EQUAL) - WEEKLY

RATE

1 Each

24 RUBBER TIRE LOADER - CAT 980 OR

(APPROVED EQUAL) - WEEKLY

RATE

1 Each

25 RUBBER TIRE BACKHOE - CAT

446B/JD710 OR (APPROVED EQUAL) -

WEEKLY RATE

1 Each

26 BLADE - CAT 12G OR (APPROVED

EQUAL) - WEEKLY RATE

1 Each

27 TRACK EXCAVATOR - CAT 314 OR

(APPROVED EQUAL) - MONTHLY

RATE

1 Each

28 TRACK EXCAVATOR - CAT 325L (23'

DEPTH) OR (APPROVED EQUAL) -

MONTHLY RATE

1 Each

29 TRACK EXCAVATOR - CAT 330L (26'

DEPTH) OR (APPROVED EQUAL) -

MONTHLY RATE

1 Each

Line Item Description Approved

Substitutions Quantity Unit of

Measure Unit Cost Total No Bid

30 TRACK EXCAVATOR - CAT 320L OR

(APPROVED EQUAL) - MONTHLY

RATE

1 Each

31 DOZER - JD D4C XL WITH ANGLE

BLADE & SLOPEBOARD OR

(APPROVE EQUAL) - MONTHLY

RATE

1 Each

32 DOZER - CAT D4 SERIES OR

(APPROVED EQUAL) - MONTHLY

RATE

1 Each

33 DOZER - CAT D5 SERIES OR

(APPROVED EQUAL) - MONTHLY

RATE

1 Each

34 SKIPLOADER - BOBCAT 753 OR

(APPROVED EQUAL) - MONTHLY

RATE

1 Each

35 RUBBER TIRE LOADER - CAT 950 OR

(APPROVED EQUAL) - MONTHLY

RATE

1 Each

36 RUBBER TIRE LOADER - CAT 966 OR

(APPROVED EQUAL) - MONTHLY

RATE

1 Each

37 RUBBER TIRE LOADER - CAT 980 OR

(APPROVED EQUAL) - MONTHLY

RATE

1 Each

38 RUBBER TIRE BACKHOE - CAT

446B/JD710 OR (APPROVED EQUAL) -

MONTHLY RATE

1 Each

39 BLADE - CAT 12G OR (APPROVED

EQUAL) - MONTHLY RATE

1 Each

40 MOVE IN RATE (NON-PERMIT LOAD)

- HOURLY RATE

1 Per Hour

41 MOVE IN RATE (PERMIT LOAD) -

HOURLY RATE

1 Per Hour

42 MOVE OUT RATE (NON-PERMIT

LOAD) - HOURLY RATE

1 Per Hour

43 MOVE OUT RATE (PERMIT LOAD) -

HOURLY RATE

1 Per Hour

44 EMERGENCY MOVE IN RATE (NON-

PERMIT LOAD) - HOURLY RATE

1 Per Hour

Line Item Description Approved

Substitutions Quantity Unit of

Measure Unit Cost Total No Bid

45 EMERGENCY MOVE OUT RATE

(NON-PERMIT LOAD) - HOURLY

RATE

1 Per Hour

46 ADDITIONAL LABOR CHARGE FOR

OVERTIME - HOURLY RATE

1 Per Hour

47 ADDITIONAL LABOR CHARGE FOR

DOUBLE TIME - HOURLY RATE

1 Per Hour

TOTAL

SECTION 8. Vendor Responses

8.1 BID VALIDITY: *

Bids will be valid for a period of 120 days after the solicitation closing date.

☐ Please confirm

*Response required

8.2 CONTRACTOR INFORMATION

8.2.1 Name of Bidder*

Please state the Name of Bidder here.

If Bidder is a corporation, the legal name of the corporation shall be set forth in this section as the Name of Bidder and the name, title, and person authorized to sign contracts on behalf of the corporation shall be stated as well.

If Bidder is a partnership or joint venture, the true name of the firm shall be set forth as the Name of

Bidder and the name of the partner authorized to sign contracts on behalf of the partnership or joint venture shall be stated as well.

If submittal of this bid or signature of any document submitted with this bid is by an agent other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with County prior to Bid opening, or must be submitted with the Bid; otherwise, the Bid may be rejected as non-responsive. You may upload this power of attorney under Additional Information later in this bid response.

*Response required

8.3 COMPANY PROFILE & REFERENCES

8.3.1 Company Legal Name*

*Response required

8.3.2 Company Legal Status*

Please state the status here (Corporation, Partnership, Sole Proprietor, etc.)

*Response required

8.3.3 Active Licenses*

Please state all active licenses issued by the California State Contractor's License Board to the company whose legal name is above.

*Response required

8.3.4 Corporate Office Address*

What is the address of the company's corporate office? Please provide the full street/mailing address.

*Response required

8.3.5 Local Business Address(es)*

Please provide the local business address for the company named above. If there are multiple local addresses then please provide all.

• Full address:

• Telephone Number:

• E-mail Address:

*Response required

8.3.6 Length of Time Firm Has Been In Business*

Please clearly state, in months and years, how long your firm has been in business.

*Response required

8.3.7 Length of Time At Current Location*

Please clearly state, in months and years, how long your firm has been in business at its current location.

*Response required

8.3.8 Regular Business Hours*

*Response required

8.3.9 Regular Holidays and Hours When Business Is Closed*

*Response required

8.3.10 Federal Taxpayer ID Number*

*Response required

8.3.11 DUNS Number*

Please provide your D-U-N-S Number

*Response required

8.3.12 Are you registered, active, and in good standing with the California Secretary of

State?*

☐ Yes

☐ No

8.3.13 Corporation?*

Is your firm incorporated?

☐ Yes

☐ No

*Response required

When equals "Yes"

8.3.14 State of Incorporation?*

You have indicated that your firm is incorporated. Please provide the name of the State of

Incorporation.

*Response required

When equals "Yes"

8.3.15 Contract Signature Authority - Executive Signature*

If incorporated, please provide the name, contact number, and email of the person who would provide this signature authority. The Executive Signer Authority comes from the President, Vice-President, or

Chairperson of the Board.

• Contact Full Name:

• Contact Number:

• E-mail Address:

*Response required

When equals "Yes"

8.3.16 Contract Signature Authority - Financial Signature*

If incorporated, please provide the name, contact number, and email of the person who would provide this signature authority. The Financial Signer Authority comes from the Secretary, Assistant

Secretary, Chief Financial Officer, or Treasurer.

• Contact Full Name:

• Contact Number:

• E-mail Address:

*Response required

When equals "No"

8.3.17 Contract Signature Authority*

If not incorporated, please provide the name, contact number, and email of the person who has the binding and signature authority of this contract.

• Contact Full Name:

• Contact Title:

• Contact Number:

• E-mail Address:

*Response required

8.3.18 Sole Proprietor Under Different Name?*

Is your firm a sole proprietor doing business under a different name?

☐ Yes

☐ No

*Response required

When equals "Yes"

8.3.19 Sole Proprietor's Name*

You have indicated that your firm is a sole proprietorship doing business under a different name.

Please provide the sole proprietor's name and the name you are doing business under.

*Response required

8.3.20 Contact Person for Solicitation*

Please provide the following in relation to the point of contact for this solicitation:

• Contact Person Full Name

• Contact Person Telephone Number

• Contact Person Email Address

*Response required

8.3.21 Project Manager*

Please provide the following regarding who will be your project manager for this project:

• Project Manager Full Name

• Project Manager Telephone Number

• Project Manager Email Address

*Response required

8.3.22 Contact Person for Accounting*

Please provide the following in relation to the point of contact for Accounting:

• Contact Person Full Name

• Contact Person Telephone Number

• Contact Person Email Address

8.3.23 Emergency Contact*

In the event of an emergency of declared disaster, the following is required:

• Contact Person Full Name (during non-business hours)

• Contact Person Telephone/Cellphone…