Landscape_Maintenance_for_Native_Plant_Habitat_Management_for_South_Region_Landfills_(Addendum_#5_Revision).pdf

COUNTY OF ORANGE

OC WASTE & RECYCLING

REQUEST FOR PROPOSAL (RFP)

FOR

LANDSCAPE MAINTENANCE FOR NATIVE PLANT HABITAT

MANAGEMENT FOR SOUTH REGION LANDFILLS

RFP NO. RFP-299-2978408-JDW

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/ocgov https://secure.procurenow.com/portal/%7bproject.government.code%7d

County of Orange RFP

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County of Orange

OC Waste & Recycling

Procurement and Contract Services

601 N. Ross St.

Santa Ana, CA

92701

SCHEDULE OF ACTIVITIES

Release of RFP Solicitation January 14, 2026

PROPOSALS MUST BE RECEIVED ON

OR BEFORE

Tuesday, February 3, 2026

2:00 pm

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Pre-Submittal Meeting and Site Visit

(Mandatory)

January 20, 2026, 9:00am

WEATHER PERMITTING: A mandatory pre-proposal meeting/job walk will be held at 9:00 am on Tuesday, January 20, 2026 at Prima

Deshecha Landfill (PDL) office building, located at 32250 Avenida La Pata, San Juan

Capistrano, CA 92675. Details will be provided upon RSVP. If weather is a factor, those who have RSVP’d accordingly will be notified of a re-schedule.

Attendance is mandatory in order to participate in the proposal process and is limited to two individuals per Contractor/Vendor. Failure to attend this pre-proposal meetings/job-walk will render the proposal non-responsive. Anyone arriving after the vans have departed to tour the service areas will be disqualified and not allowed to submit proposals. No exceptions.

All proposers must sign-in to continue in the request for proposals process. This rule will be strictly adhered to without exception or consideration of cause, so please plan according as traffic may be heavy on to route to

PDL.

Attendees are required to wear personal protective equipment (PPE) while touring in the field. Required PPE is as follows: work boots (at very least closed-toe shoes), hard hat, high visibility vest, sunglasses or glasses will suffice as eye protection.

Contractors shall indicate their intent to attend this pre-proposal meeting/job-walk with an

RSVP email to johan.dewaal@ocwr.ocgov.com no later than 1pm on January 19, 2026.

Question Submission Deadline January 23, 2026, 1:00pm mailto:johan.dewaal@ocwr.ocgov.com

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RFP Submittal Closing February 3, 2026, 2:00pm

Proposal Evaluations February 10, 2026

Interviews with the Top Ranked

Firm(s)

March 10, 2026, 10:00am

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SECTIONS

SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

SECTION 2. PROTEST PROCEDURES

SECTION 3. SCOPE OF WORK

SECTION 4. SCORING CRITERIA

SECTION 5. VENDOR RESPONSES

Attachments:

A - REVISED Model Contract - RFP-299-2978408-JDW - Landscape Maint for Native Plant

Habitat Management for South Region Landfills VerB

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SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

1.1 INTRODUCTION

The County intends that the successful Respondent shall provide Landscape Maintenance for

Native Plant Habitat Management for South Region Landfills proposed in accordance with contract requirements set forth in the solicitation and Model Contract, including Attachments.

1.2 COUNTY HOLIDAYS DURING SOLICITATION PERIOD

During this solicitation period, the OC Waste & Recycling will be closed on the following

County holidays:

• January 19, 2026, Dr. Martin Luther King Jr's Day

1.3 INSTRUCTIONS TO RESPONDENTS AND PROCEDURES FOR SUBMITTAL

A. Responses are to be uploaded via the County's eProcurement Portal at https://procurement.opengov.com/portal/ocgov. For assistance on uploading Response via County’s eProcurement Portal, please contact procurement-support@opengov.com or https://help.procurement.opengov.com/en/

B. Examine the Contract Documents and the site of the proposed work carefully before submitting a Response for the work contemplated. Investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of all Contract Documents.

The County has attempted to provide all information available. It is the responsibility of each Respondent to review, evaluate, and, where necessary, request any clarification prior to submission of a Response. If any person contemplating submitting a response to this

Request for Proposal (RFP) 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 may submit a written request for clarification/interpretation to the County Deputy

Procurement Agent (DPA) via the County’s eProcurement Portal under the bid page for this solicitation.

If clarification or interpretation of this solicitation is considered necessary by County, an addendum shall be issued, and the information will be posted via the County’s eProcurement Portal. Any interpretation of, or correction to, this solicitation shall be issued by the DPA. It is the responsibility of each Respondent to periodically check the County’s eProcurement Portal 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. If an addendum is issued, Respondents must acknowledge the addendum via the County’s eProcurement Portal.

All questions or requests for interpretations must be received within this solicitation https://procurement.opengov.com/portal/ocgov https://procurement.opengov.com/portal/ocgov mailto:procurement-support@opengov.com https://help.procurement.opengov.com/en/

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2978408-JDW Page 6 of 48 by Friday, January 23, 2026, before 1:00 pm. The DPA will provide all official communication concerning this solicitation. Any County response relevant to this solicitation other than through or approved by the DPA is unauthorized and will be considered invalid.

C. Responses must be valid for a period of at least three hundred sixty-five (365) calendar days from the closing date and time of receipt. No Response may be withdrawn after the submission date.

D. Each Respondent must submit their response electronically via the County’s eProcurement

Portal.

E. All pages must be submitted on standard 8.5 x 11-inch paper, numbered and identified sequentially by section. Responses must be organized and indexed as outlined in the

Response Requirements Section. It is imperative that all Respondents comply, exactly and completely, with the instructions set forth herein. All responses to this solicitation shall be type written or word-processed (except where otherwise provided or noted), concise, straightforward, and must fully address each requirement and question. Although not as a substitute for a complete written response, additional material, such as technical documents, may be referenced in any response if the material is included in the same section as additional information.

F. Responses are not to be marked as confidential or proprietary. The County may refuse to consider any Responses so marked. All Responses and supporting documents will be subject to the provisions of the California Public Records Act (California Code

Government Code 7920.000 et seq.) (PRA) and will be disclosed or withheld in accordance therewith. The County shall not be liable in any way for disclosure of any such records.

Additionally, all Responses shall become the property of the County.

Respondents should not request that certain information be treated as exempt, and statements in the Responses should not be marked as confidential or proprietary. In the event that any information is marked as confidential or proprietary, as it may be absolutely necessary, Respondents have the sole responsibility of obtaining any applicable injunctive reliefs to prevent the disclosure of such confidential proprietary information in connection with any request made to County pursuant to PRA or a subpoena for disclosure of such information.

G. Each Respondent shall exercise reasonable care and diligence to avoid submitting a

Response that could result in a conflict of interest if Respondent were to be selected. This obligation shall apply to the Respondent, the Respondent’s employees, agents, and relatives, sub-contractors, and third parties associated with accomplishing work and

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2978408-JDW Page 7 of 48 services in response. In the event Respondent has done work for the County on this Project in the past or has reason to believe that a conflict of interest may exist for Respondent in regard to this Project, Respondent should consult with its legal counsel prior to responding to this solicitation. Any Respondent who is found to have an actual conflict of interest may have its response rejected on that ground.

Respondent, its employees and/or consultants may be subject to the provisions of the

California Political Reform Act of 1974 (the “Act”), which (1) requires such persons to disclose any financial interest that may be materially affected by services provided under this Contract, (2) prohibits such persons from making, or participating in making, decisions that could reasonably affect such interest; and (3) may require the filing a Statement of

Economic Interest (Form 700).

If subject to the Act, Respondent shall conform to all requirements of the Act. Failure to do so shall constitute a material breach and is grounds for immediate termination of the

Contract by County. Respondent shall indemnify and hold harmless County for any and all claims for damages resulting from Respondent’s violation of this Section.

H. By submitting a response, the Respondent represents that it thoroughly examined the

County’s requirements, is familiar with the services required under this solicitation and is qualified and capable of providing the services to achieve the County’s objectives.

I. Each Respondent must submit its response in strict accordance with all requirements of this solicitation and compliance must be stated in the response. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items on additional information section for the County’s consideration as specified in the

Response Requirements Section, “Statement of Compliance.”

Note: Allow sufficient time to upload all required files. The County’s eProcurement Portal will not allow any uploads after the due date and time specified herein, e.g., if Part 1 and 2 uploaded successfully at 1:58:38 P.M. and Part 3 is in progress of being uploaded at 2:00:01

P.M., Part 3 will not upload successfully.

J. Pre-contractual expenses are not to be included in the Cost Proposal, Attachment B, Pricing and Compensation. Pre-contractual expenses are defined as including, but not limited to, expenses incurred by the Respondent in: a) preparing the response to this solicitation; b) submitting that response to the County; c) negotiating with the County any matter related to the Respondent’s response; and d) any other expenses incurred by the Respondent prior to the date of award and execution, if any, of the Contract.

K. Any response may be construed as non-responsive and ineligible for consideration if it does not comply with the requirements of the solicitation, including but not limited to technical features, acknowledgment of receipt of addenda, and page number limits, etc. These are common causes for deeming a response non-responsive.

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L. Where two or more Respondents desire to submit a single response to this 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 that may subcontract with multiple firms (team) but not with multiple firms doing business as a joint venture.

M. County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.

N. 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 submission response.

O. The County requires a valid UEI number and full registration prior to Contract

Award. Your company must obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a UEI number, please indicate so in your submission response.

P. Effective from the issuance date of this solicitation until a Contract is awarded or the solicitation is withdrawn, all individuals or entities responding—including their employees, agents, representatives, proposed partners, subcontractors, members, lobbyists, or attorneys (collectively "Respondents")—are prohibited from engaging in any direct or indirect communication with County personnel involved in the selection process, except with the designated Deputy Procurement Agent (DPA). Respondents may continue conducting business with the County on matters unrelated to this solicitation and may communicate with County staff, provided the solicitation is not discussed. Any attempt to engage in discussion regarding this solicitation with anyone other than the designated DPA will be presumed to create an unfair competitive advantage and may result in disqualification.

Q. After the closing date and time for receipt of Responses, evaluation, and if requested by the County, interviews will commence. Respondents who submit Responses most responsive to the County’s requirements may be asked to give a presentation of their response to County staff. The County makes no guarantee as to the number of Respondents selected for interviews. Selected Respondents should be prepared to make its presentation within five (5) business days after notification and be prepared to discuss all aspects of its response in detail, including technical questions regarding the response. Respondents shall not be allowed to alter or amend its response through the use of the presentation process.

1.4 MANDATORY PRE-SUBMITTAL MEETING AND SITE VISIT

Attendance of Pre-Submittal Meeting and Site Visit is required and will be held on Tuesday, January 20, 2026 at 9:00 am local time, no one will be admitted 10 minutes after meeting has started. The meeting will be located at WEATHER PERMITTING: A mandatory pre-proposal meeting/job walk will be held at 9:00 am on Tuesday, January 20, 2026 at Prima Deshecha Landfill http://www.dnb.com/ http://www.usfcr.com/

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(PDL) office building, located at 32250 Avenida La Pata, San Juan Capistrano, CA 92675. Details will be provided upon RSVP. If weather is a factor, those who have RSVP’d accordingly will be notified of a re-schedule. Attendance is mandatory in order to participate in the proposal process and is limited to two individuals per Contractor/Vendor. Failure to attend this pre-proposal meetings/job-walk will render the proposal non-responsive. Anyone arriving after the vans have departed to tour the service areas will be disqualified and not allowed to submit proposals. No exceptions. All proposers must sign-in to continue in the request for proposals process. This rule will be strictly adhered to without exception or consideration of cause, so please plan according as traffic may be heavy on to route to PDL. Attendees are required to wear personal protective equipment (PPE) while touring in the field. Required PPE is as follows: work boots (at very least closed-toe shoes), hard hat, high visibility vest, sunglasses or glasses will suffice as eye protection.

Contractors shall indicate their intent to attend this pre-proposal meeting/job-walk with an RSVP email to johan.dewaal@ocwr.ocgov.com no later than 1pm on January 19, 2026.. At this meeting, County staff will discuss the scope of work, general contract issues and respond to questions from the attendees. The Pre-Submittal Meeting and Site Visit will be conducted one time only.

Attendance and sign-in at the pre-submittal meeting is required. Contractor must stay until the meeting has ended. Failure of any Respondent to attend this Mandatory Pre-Submittal Meeting and Site Visit shall constitute a substantial variation from the requirements of the Contract

Documents and the response of any Respondent not in attendance will be rejected as nonresponsive. All questions will need to be submitted in writing through the County’s online eProcurement system at https://procurement.opengov.com/portal/ocgov. The Respondent will have until Friday, January 23, 2026 before 1:00 pm to submit questions.

Please confirm your attendance by replying via RSVP to johan.dewaal@ocwr.ocgov.com by

January 19th, 2026. Please limit number of attendees to two (2)

PPE is required for the job walk: hard hat, vest, closed-toe shoes

Respondents are responsible for securing parking

Respondents are encouraged to arrive early to ensure a parking space

County will provide transportation to and throughout the job walk.

1.5 MINIMUM QUALIFICATIONS/REQUIREMENTS

Respondent’s shall meet the following minimum requirements and qualifications to proceed to the evaluation process. Failure to have the ability to, upon County request, provide any of the items requested below may result in disqualification of your response. These qualifications must be maintained during the term of any resultant Contract.

A. Must have the ability to do business in Orange County, California;

B. Complete all required Vendor Response questions of the solicitation;

https://procurement.opengov.com/portal/ocgov https://procurement.opengov.com/portal/ocgov mailto:nikki.aragon@ocwr.ocgov.com

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C. The Respondent/firm shall have a minimum of five (5) years of experience with maintaining native habitat mitigation site(s) and shall have successfully completed installation/maintenance of the following:

a. Two (2) native riparian habitat creation/restoration sites that are at least two (2) acres in size; and

b. Two (2) native coastal sage scrub habitat creation/restoration sites that are at least ten

(10) acres in size.

D. The Respondent/firm shall have familiarity with working on project sites with the Least

Bell’s Vireo and Coastal California Gnatcatcher.

E. The Respondent/Firm shall have sufficient personnel with subject matter expertise and experience with:

a. non-native species control and management within natural habitat areas;

b. management of mitigation site irrigation systems and application regimes;

c. native plant and seed mix establishment;

d. protection of natural resources;

e. implementation of erosion control measures;

f. distinguishing numerous native species of plants and weeds; and

g. following specified weed eradication procedures such as string trimming.

F. The Respondent/firm shall have a Pest Control Business License, and at least one individual onsite at any time – such as a foreman or a supervisor – shall hold a Qualified

Applicator License

1.6 EVALUATION PROCESS

Responses deemed to meet all minimum solicitation requirements will be scored based on the established evaluation criteria, and will be assigned points that measure the responsiveness to each identified criterion. The total number of points earned will be tallied for each response, based upon the Respondent(s) submitted written materials.

Responses shall be evaluated by an Evaluation Panel of job knowledge experts on the basis of the responsiveness to the requirements in this RFP. The County may request clarifications, or otherwise verify the contents of the response, including information about the Respondent, Contractors and sub-contractors.

The scoring is based on evaluation of the response as measured against the Scoring Criteria, which includes County of Orange Procurement Preference Policy, in accordance with Sections 1.8-103 and 4.3-112 of the 2024 County Contract Policy Manual (CPM). A copy of the 2024 CPM can be found at https://cpo.oc.gov/cpm. Responses will be evaluated from the most advantageous to the least advantageous to the County.

https://cpo.oc.gov/cpm

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1.7 SELECTION/AWARD PROCEDURES

Upon the completion of the evaluation process, the Evaluation Committee will make a recommendation for an award to the County’s DPA. Final award determination shall be subject to reference checks and past performance.

The Model Contract contained herein this RFP is the Contract proposed for execution. It may be modified to incorporate negotiated items and other pertinent terms and conditions set forth in this

RFP, including special conditions and requirements and those added by addendum, necessary attachments and/or exhibits, and to reflect Respondent’s response and qualifications. Any additional exceptions to the terms and conditions made by any Respondent after submission of its response may result in its elimination from further consideration.

Exceptions to the terms and conditions of the Model Contract or the statements regarding

Respondent’s inability to comply with any of the provisions thereof are to be declared in the response to the RFP in VENDOR RESPONSES - Statement of Compliance.

Negotiations may or may not be conducted with the finalist(s); therefore, the response submitted should contain Respondent(s) most favorable terms and conditions, since the selection and award may be made without further discussion or need for clarification. Any additional exceptions to the terms and conditions made by any Respondent(s) after submission of its response may result in elimination from further consideration.

The County will enter into negotiations with the selected Respondent and award a contract upon completion of negotiation of fees and contract terms. The award requires approval by the County

Board of Supervisors.

If a satisfactory Contract cannot be negotiated in a timely manner, County, in its sole discretion, may terminate negotiations with the selected Respondent and begin negotiations with the next

Respondent.

1.8 RIGHTS RESERVED TO COUNTY

The County reserves the right to:

A. Make use of any information or ideas in the responses submitted.

B. Request response revisions and hold discussions and negotiations with any Respondent as necessary to serve the best interests of the County.

C. Seek publicly available information about the Respondents.

D. Conduct, or not to conduct, oral interviews and/or presentations with the highest-ranked

Respondent(s) and additional Respondents.

E. Waive, at its discretion, any procedural, non-material defects, irregularity, or informality, which

County deems correctable or otherwise not warranting rejection of the response that do not result in any unfair competitive advantage. Any waiver will not excuse a proponent from full compliance.

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

Contract.

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G. Negotiate the final Contract with any Respondent(s), including pricing/fee schedule, as necessary to serve the best interests of the County;

H. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representations that any Contract will be awarded to any Respondent responding to this solicitation;

I. Award its total requirements to one Respondent or to apportion those requirements among two or more Respondents as the County may deem to be in its best interests;

J. Reject any response if it is conditional, incomplete or deviates significantly from the services requested in this solicitation; and/or

K. Request Best and Final Offer from any Respondent determined to be within the competitive range.

Unless requested by the County, late Best and Final Offers will not be accepted by the County for any reason. In addition, negotiations may or may not be conducted with Respondents.

L. Make multiple awards to Respondent(s) for services requested in this solicitation, at its sole discretion, to serve the best interests of the County.

M. Defer award of this Contract for a period of 180 days after the solicitation opening. During this period, Respondent shall guarantee the prices and terms quoted in their responses. The County and the responsive, responsible Respondent may mutually agree in writing to extend this deferral period.

Therefore, responses submitted shall contain the Respondent’s most favorable terms and conditions, since the selection and award may be made without discussion with any Respondent.

1.9 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.

1.10 TITLE VI SOLICITATION NOTICE

The County of Orange, in accordance with the provisions of the Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all

Respondents that it will affirmatively ensure that any contract entered into pursuant to this advertisement, will be afforded full and fair opportunity to submit response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

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1.11 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE FORM

W-9/W-8 REQUIREMENTS

Effective June 3, 2006, all Contractors, entering into a Contract with County, who are not already established in Countywide ERP System as an Auditor-Controller vendor, will be required to submit to County a federal Form W-9, or form W-8 for foreign vendors. County will inform

Contractor, at the time of award, if the Form W-9 or W-8 will be required.

In order to comply with this County requirement, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the selected Contractor agrees to furnish to Contract administrator, or the Deputy Procurement Agent (DPA) the required W-9 or

W-8.

1.12 LEVINE ACT REQUIREMENT

Effective January 1, 2023, all contractors entering into a contract with the County, will be required to submit the Campaign Contribution Disclosure Form for any contributions made on or after

January 1, 2023. In order to comply with this requirement, Respondent agrees to furnish the required Campaign Contribution Disclosure Information form as a required submittal with its response. Failure to include the form as required will render the response nonresponsive.

SECTION 2. PROTEST PROCEDURES

PROTEST PROCESS

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), OCWR Purchasing at ocwrpurchasing@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.

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Protest of Award of Contract:

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

Agent, OCWR Purchasing at ocwrpurchasing@ocwr.ocgov.com, no later than five (5) business days after the Notice of Intent to Award 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.

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 mailto:CPOAppeals@ocgov.com

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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 3. SCOPE OF WORK

3.1 GENERAL INFORMATION:

OCWR is required by local, state, and federal resource agencies to create and restore California native plant mitigation habitats. The scope of work (“SOW” or “Project”) shall consist of

California Native Habitat Management and Maintenance Services for OCWR, South Region.

Additional detail is provided in the section “Contractor Task Requirements.”

3.2 BACKGROUND:

OCWR operates the County’s waste disposal system which is comprised of 3 active landfills, approximately 20 former waste disposal stations, and 4 household hazardous waste collection centers. The landfill system is divided into three geographical regions: North Region, Central

Region, and South Region. The South Region is the area that encompasses the Prima Deshecha

Landfill (PDL), which is active, and the Coyote Canyon, Forster Canyon, and San Joaquin

Landfills, which are closed. This Project addresses mitigation habitat management and maintenance as well as landscaping maintenance at PDL and Coyote Canyon Landfill (CCL)

(collectively referred to herein as the “management sites”). There are also three smaller closed sites in the region – San Joaquin Landfill and Lane Road Landfill in Irvine, and Forster Canyon

Landfill in San Juan Capistrano – that may require incidental habitat maintenance services under this Contract. Most of the effort is focused on mitigation areas totaling approximately 250 acres of several habitat types at PDL, including approximately 19 acres of native grassland restoration, 75 acres of coastal sage scrub (CSS) restoration, rare plant translocation areas, and 240 coast live oak trees. All on-site habitat mitigation areas require nonnative vegetation eradication and maintenance efforts to achieve and maintain regulatory permit performance standards.

3.3 CONCEPT:

The Native Habitat Management and Maintenance Contractor (“Contractor”) shall provide mitigation habitat management/maintenance and landscaping maintenance services within the management sites and shall meet monthly with OCWR staff to report on progress and to recommend activities in addition to those regularly scheduled that are determined necessary or beneficial for the management sites. For the habitat mitigation areas, Contractor shall implement an “adaptive management” approach to achieve/maintain regulatory permit performance standards. Adaptive management is defined as the ongoing evaluation of habitat management techniques in light of monitoring results and other new information. These periodic evaluations

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3.4 DEFINITIONS

Native Habitat Management and Maintenance Contractor: Contractor shall be responsible for facilitating the successful establishment and maintenance of conserved native habitats and mitigation restoration areas within the management sites. Contractor shall be responsible for performing all pertinent site maintenance procedures including, but not limited to, weed control, pest control, irrigation system management, supplemental irrigation, plant replacement/establishment, and site protection, as described herein.

Contractor shall also be responsible for coordinating with the OCWR Biological Resources

Monitor (BRM) as the primary contact, and with OCWR Landfill Staff (including the PDL

Site Project Manager), as needed, regarding ongoing site maintenance status. Contractor shall be responsible for communicating all maintenance issues and problems in an expeditious manner to facilitate the timely implementation of appropriate remedial measures.

Contractor shall have adequate knowledge of habitat restoration techniques and projects, including installation and maintenance of riparian, grassland, and CSS plant communities.

Contractor shall have an English-speaking foreman assigned to the management sites during the performance of all tasks; direct and supervise all work performed as specified herein;

and be responsible for compliance with specifications listed herein and in resource agency permits. In addition, all on-site workers shall be familiar with the Least Bell’s Vireo (Vireo bellii pusillus) and Coastal California Gnatcatcher (Polioptila californica californica). The name, phone number, and contact information of the foreman shall be provided to the

OCWR BRM and PDL Site Project Manager upon Contract initiation, and the foreman shall have in possession at all times the contact information for the BRM and Site Project

Manager. The County shall not be responsible for Contractor’s drinking water, telephone, fax, or toilet needs while Contractor’s workers are on the site premises. Contractor shall provide portable toilet facilities for its staff.

PDL Site Project Manager: The Site Project Manager is responsible for oversight, administration, and management of the Contract.

OCWR Biological Resources Monitor: The BRM coordinates monitoring and maintenance activities within all South Region habitat sites and is responsible for facilitating compliance with regulatory permit performance standards. The BRM shall serve as the technical contact regarding mitigation site issues and implementation of remedial measures. The BRM shall attend all monthly meetings.

OCWR Landfill Staff: Operational and engineering staff (Landfill Staff) provide support for daily landfill operation activities. Landfill Staff do not normally develop, implement, or maintain habitat restoration efforts. However, occasionally and at the request of the Site

Project Manager, OCWR may supplement the Contractor’s work with that of the Landfill

Staff.

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Resource Agencies: Resource agencies for environmental permits and authorizations associated with native habitat restoration, management and maintenance include the U.S.

Army Corps of Engineers (ACOE), U.S. Fish and Wildlife Service (USFWS), California

Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board

(RWQCB). The mitigation site maintenance and management specifications and performance standards included in this document are based on requirements listed in previously issued ACOE, USFWS, CDFW, and RWQCB permits and authorizations.

Consulting Biologist: A separate OCWR-retained Consulting Biologist (CB) shall provide recommendations and monitoring services to the Contractor with oversight by the BRM who may also advise the Contractor of any needed changes in plans, procedures, locations, or materials.

Native Plant Species: Those indigenous to southern California and, specifically, typical of the riparian, wetland, native grassland, and CSS plant communities located within southern

Orange County.

Native Plant Species Supplier: OCWR currently has a separate contract with a nursery supplier for the provision of container plants. Replacement plants specified by OCWR shall be obtained under the terms of the container plant contract. Any plants obtained through the

Contractor instead must be healthy and robust, must not be root bound, and must be locally sourced in or near the Rancho Mission Viejo area. All plants shall be inspected by the BRM for these qualities prior to acceptance for planting at the management sites.

Invasive Non-native Plants (Exotic and Weed Species): Those that are native to other areas of the United States (outside of southern California) and other parts of the world. Such species in the PDL habitat areas include, but are not limited to, those shown in Table A-1;

those listed on the California Invasive Pest Plant Council (Cal-IPC) Invasive Plant

Inventory (http://www.cal- ipc.org/ip/inventory/index.php), especially those that have a

High or Moderate rating or an Invasiveness Grade of A or B; and those that may be determined by the BRM or resource agencies to pose a long-term threat. As such, additional invasive non-native, exotic, weedy species may be identified for removal/treatment throughout the term of this Contract, including species that are not specifically indigenous to coastal southern Orange County.

Table A-1

Invasive non-native species observed in PDL Restoration Sites

Scientific Name Common Name

Apium graveolens celery Arundo donax* giant reed

Avena sp. wild oat Brassica nigra* black mustard Centaurea melitensis tocalote Chenopodium ambrosioides Mexican tea Cynara cardunculus* artichoke thistle

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Cynodon dactylon Bermuda grass Foeniculum vulgare fennel Hirschfeldia incana* summer mustard

Lactuca serriola prickly lettuce

Malva parviflora Cheese weed

Melilotus alba white sweetclover

Mesembryanthemum nodiflorum slender-leaved iceplant

Nicotiana glauca tree tobacco

Helminthotheca echioides bristly ox-tongue

Piptatherum miliaceum smilo grass Plantago major common plantain Polypogon monspeliensis annual beard grass Salsola tragus Russian thistle Sonchus asper ssp. asper prickly sow thistle Tamarix ramosissima* saltcedar Vulpia myuros fescue

*Highly invasive species

3.5 CONTRACTOR TASK REQUIREMENTS

Contractor shall be responsible for facilitating the establishment and management of restored native habitats within all management sites. Contractor shall perform all maintenance procedures including, but not limited to, weed control, management of irrigation systems, plant replacement/establishment, site protection, and erosion control as described herein. Contractor shall also be responsible for coordinating with the BRM regarding maintenance status.

Contractor shall communicate all maintenance issues in an expeditious manner to the BRM.

Any changes to approved Scope, Schedule and Costs must be submitted electronically to the Site

Project Manager for review and approval prior to any work being performed. All communication correspondence shall be done electronically and include the Site Project Manager.

The performance standards in the resource agencies’ environmental permits and authorizations are the basis for evaluation of these areas and are designed to provide clear expectations and measurable benchmarks for reporting compliance to the resource agencies and to demonstrate

OCWR’s commitment to native habitat management and maintenance.

3.6 REGULATORY COMPLIANCE REQUIREMENTS (COUNTY)

The Contractor shall not be entitled to any time extensions or compensation for any cost due to any action required as a result of the Contractor’s failure to comply with those provisions within the Contractor’s control as listed below. The Contractor shall be responsible for ensuring that the Contractor’s

Subcontractor(s) comply with the provisions of this Attachment. The Contractor shall be liable for any action or inaction resulting in a fine imposed by the regulatory agencies on those incidents of noncompliance that is within the Contractor’s area of responsibility.

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A. PERMITS

A. The Contractor shall be responsible for obtaining all trade-related permits required by the Project, permits required for the operation and storage of any equipment or hazardous regulated materials brought onsite, and permits required for dispensing and storing of petroleum-related products.

B. The Contractor shall maintain copies of all permits required for construction of this Project at the job site. Exceptions to this shall be the South Coast Air Quality Management District (SCAQMD) permit for dust control and the SCAQMD permit and Local Enforcement Agency (LEA) approval for refuse excavation, if required, which shall be obtained by the County. However, it is still the responsibility of the Contractor to comply with the conditions in the SCAQMD permits and all other permits, which shall become a part of this Contract. The Contractor shall submit to the County a

California Occupational Safety Health Agency (Cal-OSHA) Excavation Permit, if necessary. The

Contractor shall obtain a copy of the landfill’s National Pollutant Discharge Elimination System

(NPDES), Storm Water Pollution Protection Plan (SWPPP) and Monitoring Program (MP) and comply with the conditions therein that are applicable to the Contractor.

B. REGULATORY COMPLIANCE AUTHORITIES

All work shall be performed in accordance with the most current regulatory criteria and standards, which include, but are not limited to:

• Waste Discharge Requirements issued by the respective California Regional Water

Quality Control Boards;

• Resource Conservation and Recovery Act, Subtitle D;

• California Code of Regulations Titles 8 (Cal-OSHA), 14, 23, and 27;

• South Coast Air Quality Management District Rules 403, 431.1, Title V, NSPS and

1150.1;

• National Pollutant Discharge Elimination System (NPDES);

• County of Orange, OC Public Works Department;

• County of Orange, OC Public Works Department Grading Manual and Excavation Code;

• Uniform Fire Code;

• Others may include: APWA Standard Specifications, current County of Orange

Hydrology Manual and California Environmental Quality Act, as well as instructions set forth by the

Director of OCWR or designee; and

• Any other agency permits pertinent to the Project.

C. ORDINANCES

Construction shall conform to all federal, State, County, and local codes, ordinances, regulations, and standards having jurisdiction thereof. In the case of conflict between any such applicable documents mentioned above and the specifications and drawings, the highest requirement shall govern. No additional charges shall be allowed for any changes to make work conform to

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D. CULTURAL/SCIENTIFIC RESOURCES

A. The County may employ the services of a paleontological/archaeological firm to monitor the excavation at the project site. The Contractor shall cooperate with the personnel of the firm. In the event the paleontologist or archaeologist asks the Contractor to stop work in a particular section of the excavation, the Contractor shall abide by the request immediately.

B. If the Contractor’s operations uncover, or Contractor’s employees find any burial grounds or remains, ceremonial objects, petroglyphs, and archaeological or paleontological, or other artifacts of like nature within the construction area, the Contractor shall immediately notify the County’s onsite representative of the Contractor’s findings and shall modify the construction operations, so as not to disturb the findings pending receipt of notification as to determination of the final disposition of such findings from the County.

C. Should the findings, or notification as to disposition of findings, result in delays or extra work, additional time and/or extra work, payment will be allowed as provided for within this Contract.

D. Any findings of a cultural/scientific resource nature shall remain the property of the County and not become the property of the person or persons making the discovery.

E. DISPOSAL OF SOLID WASTE

The Contractor shall be responsible for proper disposal of all refuse. Unless the waste meets Class

III solid waste criteria, and any other requirements in the landfill’s solid waste facilities permit, the

Contractor shall not dispose of said waste at the landfill. If the Contractor elects to dispose of Class

III refuse in any OCWR operated landfill, the Contractor shall be responsible for processing refuse through the scales and shall pay the current gate fees, unless it is specified otherwise in the contract.

Solid waste resulting from maintenance and service may be disposed of within the active landfill at no charge if acceptable within the guidelines of a Class III landfill and approved in writing by the County. The Contractor shall contact the Site Project Manager or prior to disposal for the designated disposal area.

Any other solid waste or liquid waste resulting from service and maintenance that is unacceptable for disposal in a Class III landfill (including tires) shall be the sole responsibility of the Contractor and shall be included as part of the Fixed Rate Contract. The Contractor shall arrange for a State approved waste-handling firm to dispose of any material classified as hazardous or unacceptable waste. This firm shall be bonded and found acceptable to County of Orange CEO/Risk

Management. The Contractor shall submit proof of this firm being retained by the Contractor within ten (10) calendar days of the effective date of the Contract. Any unacceptable refuse left beyond thirty (30) days may be disposed of by the County and any related costs shall be deducted

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F. DISPOSAL OF LIQUID WASTE

The County does not permit disposal of liquid waste of any kind in County Landfills. This includes any waste materials, sludge, soils, etc. with moisture content over 50%.

G. STORM PROTECTION

i. The Contractor shall take every practicable precaution to minimize danger to persons and to the work during rainy or windy conditions.