Rental_Haul_Trucks_with_Operator.pdf

COUNTY OF ORANGE

OC PUBLIC WORKS

INVITATION FOR BID (IFB)

FOR

RENTAL HAUL TRUCKS WITH OPERATOR

IFB NO. IFB-080-2778402-EL

County of Orange IFB

OC Public Works - Rental Haul Trucks with Operator, IFB-080-2778402-EL

County of Orange

OC Public Works

Procurement Services

601 N. Ross St.

Santa Ana, CA

92701

SCHEDULE OF ACTIVITIES

Release Project Date February 4, 2025

Question Submission Deadline February 11, 2025, 2:00pm

Bid Submission Deadline February 25, 2025, 2:00pm

**This is a proposed schedule that is subject to change. Any changes to the schedule for the IFB process will be issued to all Bidders via addenda on County’s online bidding system https://procurement.opengov.com/portal/ocgov **

BID MUST BE RECEIVED ON OR

BEFORE

Tuesday, February 25, 2025

2:00 pm https://procurement.opengov.com/portal/ocgov

SECTIONS

SECTION 1. SUMMARY

SECTION 2. SCOPE OF WORK

SECTION 3. PRICING

SECTION 4. VENDOR QUESTIONNAIRE

SECTION 5. GENERAL INFORMATION

SECTION 6. GENERAL INSTRUCTIONS

SECTION 7. W-9/W-8 REQUIREMENTS

SECTION 8. ELECTRONIC FUND TRANSFER (EFT)

SECTION 9. OCLSB AND DVBE PREFERENCE POLICIES CERTIFICATION

REQUIREMENTS

Attachments:

A - Model Contract IFB-080-2778402-EL

B - Orange_County_District_Attorneys_Office_Public_Works_Unit 2023

SECTION 1. SUMMARY

The County of Orange, OC Public Works, (hereinafter referred to as County) is requesting competitive bids from qualified vendors (hereinafter referred to as Bidder) for Rental Haul

Trucks with Operator. The awarded Contract, (hereinafter referred to as Contract) will be between the County, Orange County Flood Control District, a body corporate and politic

(hereinafter referred to as District) and awarded Bidder, (hereinafter referred to as Contractor) in accordance with the model contract terms, conditions and scope of work. This is a fully electronic solicitation – only electronic bids submitted through the County’s online bidding system will be allowed; no other form of bid submittals will be accepted. Prior to submitting a bid, Bidders are advised to carefully read the instructions below, including the model contract and any solicitation attachments and/or exhibits.

SECTION 2. SCOPE OF WORK

2.1 SCOPE OF WORK

This Contract is for Rental Haul Trucks with Operator for various locations throughout the

County of Orange. Contractor shall furnish all staffing, labor, equipment, and incidentals required for Rental Haul Trucks with Operator. Services shall be provided on an as-needed basis as required by County.

A. Rental Haul Trucks with Operator shall be utilized as needed by County to meet routine and major projects, as well as emergency commitments.

B. A large percentage of the work will consist of hauling dirt, silt, rocks and/or other material as requested by County to and from flood control channels, basins, landfill and road maintenance work at various facilities Countywide.

C. Work may be requested under routine daily operations and/or in the event of emergency operations. Therefore, rental haul trucks with operator may be required in areas of limited access and under adverse conditions such as day and night operations, during rain, fire and/or any storm related events.

D. Rental equipment will be intended to supplement the department’s fleet as needed and no guarantee of usage will be given.

2.2 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 County reserves the right to request a sample for determining equality with the specified brand.

A. Haul Trucks: Contractor shall provide haul trucks suitable for the hauling of dirt, silt, rocks, and/or other material as requested by County. Acceptable equipment shall be

Standard Dump Trucks, Super Ten Dump Trucks, Side Dump Trucks, Semi Trailer End

Dumps and Transfer Dump Trucks.

B. All vehicles utilized in the performance of this Contract must meet all vehicle operating requirements of the State of California Department of Motor Vehicles, CAL OSHA, AQMD regulations, and all other applicable codes required in the State of California.

C. All vehicles shall be adequately maintained both mechanically and visually by

Contractor, and shall be fully operational at all times. All Vehicles must be equipped with a tarp for covering load.

2.3 CONTRACTOR REQUIREMENTS

A. Contractor shall have the capability of supplying as many as thirty trucks at any given time for any one job site or for use at multiple job sites as required by County.

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

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

D. Contractor’s response time to County’s requests for rental haul trucks with operator 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.

E. Contractor is required to provide the names and telephone numbers of personnel available

24-hours at the beginning of this Contract and on October 1st of each succeeding year.

F. 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 expressly retains the right to request any specific Contract personnel be precluded from providing services to County under this Contract. County 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.

2.4 PERFORMANCE REQUIREMENTS

A. Operators are required to sign in with the job site Project Manager upon arrival to the job site and sign out upon leaving the job site for the day.

B. 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 may assist in obtaining permits if the circumstances necessitate.

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

D. 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.

E. Pursuant to Section 34510.5 of the California Vehicle Code and Section 3322 of the

California Civil Code, Contractor shall obtain a surety bond in an amount of not less than fifteen thousand dollars ($15,000), executed by a surety duly admitted and certified in the

State of California., A copy of the bond shall be provided to County prior to official

Contract award.

F. Contractor shall comply with all County and local sound control and noise level rules, regulations, and ordinance, which apply to any work performed pursuant to the Contract, and will make every effort to control any undue noise resulting from its operation.

G. Contractor shall be responsible for any damages sustained to any private and/or County equipment or facilities as a result of Contractor's operations. All damage will be repaired or replaced, at the option of County, 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 Project Manager shall be completed immediately. Repairs and/or replacements will be equal to original in all aspects.

H. 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 co-permittees (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’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

5. These BMP Fact Sheets may be modified during the term of the Contract; and

County’s Project Manager shall provide Contractor with any such modified BMP

Fact Sheets.

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

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’s Project Manager for review and approval prior to implementation.

8. County’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.

2.5 OPERATING HOURS

A. Regular Work Hours: shall be 6:00 A.M. – 3:30 P.M., Monday through Friday.

B. Overtime/Saturdays: shall be from 3:31 P.M. – 5:59 A.M., Monday through Friday and

Saturday 12:00 A.M. – 11:59 P.M.

C. Sundays/Holidays: 12:00 A.M. – 11:59 P.M.

D. Variations of these hours may be required to meet specific job requirements.

E. Contractor shall perform work in strict accordance with the work hours and work days arranged with the Project Manager.

2.6 GENERAL CONDITIONS

A. If or when Contractor does not provide service as specified, County may provide the services or Contract with others to provide the services and the amount payable under the

Contract shall be reduced by the cost to County of labor, material, overhead, and administration for such corrective action. Such action does not constitute an acceptable alternative to performance of the work by Contractor.

B. No guarantee is given by County regarding usage of this Contract. Estimated quantities are approximates, based upon last usage. Usage may decrease or increase at any time during the Contract term. Contractor agrees to supply services requested as needed by

County, at prices listed in Attachment B “Contractor’s Pricing”.

C. Portal to portal charges shall NOT be allowed by County. Labor hours shall be charged on basis of actual time spent on each job, not on a portal-to-portal basis and shall be computed nearest one-quarter (1/4) hour. Operator is required to check in and check out of the job site with the job site Project Manager.

2.7 COUNTY'S REQUIREMENTS

A. County’s Project Manager will be responsible for ordering haul trucks with operator with

Contractor.

B. Routine Requests:

1. County will place orders for haul trucks with operator at least 24 hours in advance of the required date. The request will be made for a specific type of haul truck and substitutions will not be allowed unless prior authorization is given in writing (email is satisfactory). County personnel have determined the size and type of haul trucks needed. If other equipment is to be considered, a prior on site meeting with County personnel may be necessary.

2. Specific information regarding the job location, work hours, possible special conditions, and other job information will be provided at the time of the request.

3. Period of usage shall be given at the time of the request to the best of County’s estimation.

C. Emergency Requests:

1. County will call Contractor as need occurs, which may be at any time (24 hours a day) to furnish haul trucks with operator on an immediate response. In emergency situations Contractor will be expected to quote reasonable time frames for the arrival of haul trucks with operator to the location specified. Contractor is advised not to quote time frames that cannot be met, and failure to provide haul trucks with operator in the time frame quoted may result in the termination of this Contract.

2. County will provide Contractor with as much specific information as is available, with final details sometimes being furnished directly to the operators by County staff at the job site.

SECTION 3. PRICING

RENTAL HAUL TRUCK WITH OPERATOR

Hourly Rate: Regular Work Hours

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 10 Wheel Dump Truck with Operator 1 Hour

2 Super Tens with Operator 1 Hour

3 20 Yard End Dump with Operator 1 Hour

4 4K Water Truck with Operator 1 Hour

5 2K Water Truck with Operator 1 Hour

6 Mechanical Street Sweeper Truck with

Operator 1 Hour

7 Vacuum Street Sweeper Truck with

Operator 1 Hour

TOTAL

Hourly Rate: Overtime/Saturdays

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 10 Wheel Dump Truck with Operator 1 Hour

2 Super Tens with Operator 1 Hour

3 20 Yard End Dump with Operator 1 Hour

4 4K Water Truck with Operator 1 Hour

5 2K Water Truck with Operator 1 Hour

6 Mechanical Street Sweeper Truck with

Operator 1 Hour

7 Vacuum Street Sweeper Truck with

Operator

Hourly Rate: Sundays/Holidays

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 10 Wheel Dump Truck with Operator 1 Hour

2 Super Tens with Operator 1 Hour

3 20 Yard End Dump with Operator 1 Hour

4 4K Water Truck with Operator 1 Hour

5 2K Water Truck with Operator 1 Hour

6 Mechanical Street Sweeper Truck with

Operator 1 Hour

7 Vacuum Street Sweeper Truck with

Operator

SECTION 4. VENDOR QUESTIONNAIRE

4.1 BID VALIDITY: *

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

☐ Please confirm

*Response required

4.2 COMPANY PROFILE, REFERENCES BIDDER CERT

4.2.1 Company Legal Name:*

*Response required

4.2.2 Company Legal Status (Corporation, Partnership, Sole Proprietor, etc.):*

*Response required

4.2.3 Business Address:*

*Response required

4.2.4 Telephone No:*

*Response required

4.2.5 Facsimile Number:*

*Response required

4.2.6 E-mail Address:*

*Response required

4.2.7 Length of time the firm has been in business:*

*Response required

4.2.8 Length of time at current location:*

*Response required

4.2.9 Is your firm the sole proprietor doing business under a different name:*

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.10 If yes, please indicate sole proprietor’s name and the business name:*

*Response required

4.2.11 Is your firm incorporated:*

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.12 If yes, State of Incorporation:*

*Response required

4.2.13 Federal Taxpayer I.D. No:*

*Response required

4.2.14 D-U-N-S® No:*

*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 proposal/bid submission response.

*Response required

4.2.15 Regular Business Hours:*

*Response required

4.2.16 Regular Holidays and Hours when business is closed:*

*Response required

4.2.17 Contact person in reference to this solicitation:*

• Contact Full Name:

http://www.dnb.com/

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.18 Name of Service Manager:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.19 Contact Person for Accounts Payable:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.20 Information Technology Contact:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.21 In the event of an emergency or declared disaster, the following information is required:*

• Name of Contact individual during non-business hours:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.22 References (minimum 3)*

Please Provide the following information for at least three (3) references:

Contractor shall submit at least three (3) references or letter of references where similar work of similar size is currently in process or recently completed. References must cover commodities or services performed by your company within the past ten (10) years. Include name of firm, phone, and name of the contact person, a brief work/project description, and completion date. These references will be checked and could affect the award of the

Contract. References shall not be provided for department conducting the solicitation.

• Firm Name:

• Address:

• Contact Person:

• Phone Number:

• Email Address:

• Contract Description:

• Contract Term:

• Contract Amount:

*Response required

4.3 BIDDER CERTIFICATION

4.3.1 Conflict of Interest*

Bidder must certify either Yes or No below:

Bidder certifies current/past financial, business or other relationship(s) with the County exist/existed as follows:

A. (Yes) Disclose any financial, business or other relationship with the County of Orange, any other entity that the Orange County Board of Supervisors governs*, or any Orange

County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.

B. (No) Bidder certifies that no relationships exist/existed as outlined in item I above.

*Orange County Board of Supervisors govern: All Assessment Districts, All Community

Facilities Districts, All Reassessment Districts, Housing and Community Development

Commission, Housing Successor Agency to the Orange County Development Agency, In-

Home Supportive Services Public Authority, Industrial Development Authority For

Orange County, Local Redevelopment Authority Marine Corp Air Station (MCAS) El

Toro, Orange County Financing Authority, Orange County Flood Control District, Orange

County Housing Authority, Orange County Housing Authority Acting As the Housing

Successor Agency, Orange County Public Financing Authority, Orange County Special

Financing Authority, South Orange County Public Financing Authority, and the Successor

Agency to the Orange County Development Agency

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.2 Disclose any financial, business or other relationship with the County of

Orange, any other entity that the Orange County Board of Supervisors governs*, or any

Orange County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.*

*Response required

4.3.3 Litigation*

Bidder must certify either Yes or No below:

Bidder certifies current/past litigation as follows:

A. (Yes) Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving Bidder, or any company that holds a controlling interest in Bidder, against the County of Orange in the past seven (7) years.

B. (No) Bidder certifies that Bidder or any proposed subcontractors do not have any past or current litigation.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.4 Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving any proposed subcontractors, or any company that holds a controlling interest in subcontractor firm(s), against the County of Orange in the past seven (7) years.*

4.3.5 Name/Ownership Changes:*

Respondent must certify either Yes or No below:

A. (Yes) Respondent certifies past company name changes and/or ownership changes, for

Respondent’s firm and any proposed subcontractor firm, as follows:

1. Respondent shall provide detailed information regarding any company name changes

(including legal business names) in the past seven (7) years.

B. (No) Respondent certifies that Respondent or any proposed subcontractors have not had any company name change or ownership changes in the past seven (7) years.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.6 Bidder shall provide detailed information regarding any company ownership changes (including legal business names) in the past seven (7) years. *

4.3.7 Statement of Compliance*

A. (Yes): Bidder certifies it is in strict compliance with this IFB, including, but not limited to the terms and conditions set forth in the Model Contract and its Attachments and

Exhibits, and no exceptions are proposed.

B. (No): Bidder certifies it is in strict compliance with this IFB, including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits, except for those exceptions expressly listed as required by this IFB and attached hereto. Attachments for each proposed exception to this IFB, including, but not limited to the Model Contract, must include:

1. The complete provision Bidder is taking exception to.

2. The IFB page number and section of the provision Bidder is taking exception to.

3. The suggested rewording (i.e., Microsoft Word track changes)

4. Reason(s) for submitting the proposed exception.

5. Any impact the proposed exception may have on the services to be provided.

☐ Yes

☐ No

When equals "No"

4.3.8 Provide exceptions to the requirements of this IFB including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits.*

*Response required

4.3.9 Financial Status*

A. Bidder shall indicate whether its principals, directors, or majority shareholder(s), or any company

Bidder has held a controlling interest in, or which has held a controller interest in Bidder, has ever filed or has been involuntarily put into bankruptcy or has been declared bankrupt. If yes, attach statement indicating the bankruptcy date, court jurisdiction, trustee’s name and telephone number, amount of liabilities, amount of assets and current status of bankruptcy.

No action pending No prior action Information Attached

☐ No Action Pending

☐ No Prior Action

☐ Information attached

*Response required

4.3.10 Is your firm a County Of Orange Local Small Business (OCLSB) or a Disabled

Veteran Business Enterprise (DVBE)?*

To participate as an OCLSB and/or DVBE, the requirements in the OCLSB AND DVBE

PREFERENCE POLICIES CERTIFICATION REQUIREMENTS must be met.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.11 County of Orange Local Small Business (OCLSB) and/or Disabled Veteran

Business Enterprise (DVBE) Affirmation*

Please download the below documents, complete, and upload.

• Local_Small_Business_(OCLSB...

*Response required

4.3.12 The Levine Act: County of Orange Campaign Contribution Disclosure*

The Levine Act compliance is a minimum submittal requirement of this solicitation.

Please complete and sign the County of Orange Campaign Contribution Disclosure Form attached hereto. A proposer’s failure to provide a completed and signed copy will render its proposal as incomplete and nonresponsive.

• Levine_Act_-_Campaign_Contr...

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*Response required

4.3.13 Safety Data Sheets (SDS)*

Contractor is required to provide a Safety Data Sheet (SDS) compliant with California Code of

Regulations, Title 8, Section 5194, for each hazardous substance that is provided, used or created as part of the goods or services provided by Contractor to County. The SDS for each substance must be sent to either the County Project Manager, as specified in the “Notices” provision of this Contract, or to the place of shipment or provision of goods/services.

*Response required

4.3.14 Equipment Availability (per Model Contract Attachment B, Section 2B)*

Please download the below documents, complete, and upload.

• Equipment_Availability.xlsx

*Response required

SECTION 5. GENERAL INFORMATION

5.1 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 Purchasing Agency (DPA) via the County’s online biding system.

5.2 COMMUNICATION

Bidders are not to contact other County personnel with any questions or clarifications concerning this Invitation for Bid (IFB). County will provide all official communication concerning this

IFB. Any County response relevant to this IFB other than through or approved by County is unauthorized and will be considered invalid.

All questions regarding this IFB must be submitted via the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/ocgov.

5.3 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 https://government-project.s3.us-west-2.amazonaws.com/137472/0fcac30f-0a5d-4fa1-8e0f-e3e1a6346980_Equipment_Availability.xlsx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4DCQXZQJQ%2F20250204%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20250204T164955Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEBgaCXVzLXdlc3QtMiJHMEUCIA9wV4YZbdgt0gHnB6fYyvcCClxhfJysakv1UsMnhsh%2FAiEApOBMjwBirabKDp27RVB5tcwKKdaPSEkzkK88izWWfMkqgwUIMRACGgw4OTIzNjQ2ODc2NzIiDBjII4GToIL9F%2Bpu3SrgBNwAtGs7Tv5vs4PLy4vhtnE67Usd%2F29UGhc4AndHTQWdKIi5T0H8i%2BQHwprvP3dCzfU%2FKEJViZmGtBoxS%2FYv3ljcBdMT9CRSc%2Fyf2TWNHIJtwqbn2qYAKVXsK3v47heftEM0ogzFQbneUD9cH85SnTmZoqMLm4UQDkUYnRVvlNL1fIJX8VCa%2BCWbKFqnKde0HRoLrkTC2F4E%2FaXeTG%2FDLGjN4OfmMdlbeDzE%2BB8DMnzskjOFgx1YgkHgMksWiCXihfZ7kDGnTI5lXViOPTmwHB%2BlxZsfSuc2Y4OBPi52c1pq4eP6YYkSFeu3jJAaV8L7W3tk8ATG0EuzOQveZKsuGg05dH0jzLmkwleMRV14Iw%2Ba51PyAvJnsg18YolKzAxwaVwJYpVpF2dd4AoYQnrwjF6W0SVq1R4WmsNVj8xvgeeCCWcDHWJ%2BL8xA%2Fkd7L9%2BpdoQ1hx9zp1gcM2c70Oe35wvy87aFsU%2FdoLItULRM7mwZ3ofenWwVrApVUMiBRsRk41n8Yh52Dc4ESw3M5yrXmwAn7dHXeSAabJdoqbHncWF2Z1K4Ux8izm8R6RsSb1Xl6SEA8ELBIUs73t22ylyGKjJvVUG%2B7N2fPF%2Fg0%2BoJYSTN%2FQxKXlycTRej0vAWM%2FrpejNW5Ahi7fQZSDUBfaqopvaz9if0aiYVmYhduCJxPM0z7sXWlahG6kaZZ%2BtNHO%2BJKYkccUUAwBQ3Z26fuCShNuL4Ym52uAozyzHkX0LF0RS4KFsiB7d7OvSGBtwhQD21ek6b%2BsY3ySv%2BBjzgZWTyatuF3Q8%2BKt%2FCahjN4qxutJP%2BMNLuiL0GOpsBA4%2FhYHbIWCO9FXJiV8UEF58JIS0%2BisbNd%2BalOaxUNueW2pqBT4UNfBOTfyC6NAKzmy4HEq0b%2BwUt7kbmg05ygq7kmMI7CQRaGBqVmcCGRDE0oNE%2FDawdR4GbnJPa%2FESxbYisgVIASOk3TN74uXtLvJWABPBgLdNoPWlkeudzG381I6oj8Ld3Ltddp1Md%2F1JC8NxaJ5ng%2B2L3oEI%3D&X-Amz-Signature=fea860b64cff7c77006a3fd6da77a0496ee2d81c14d14b746fe815159e5d9e02&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Equipment_Availability.xlsx%22&x-id=GetObject https://procurement.opengov.com/portal/ocgov 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 by Tuesday, February 11, 2025 before 2:00 pm.

5.4 BID VALIDITY

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

5.5 IMPORTANT DATES

These dates only apply to IFB# IFB-080-2778402-EL

Release Project Date: February 4, 2025

Question Submission Deadline: February 11, 2025, 2:00pm

Bid Submission Deadline: February 25, 2025, 2:00pm

5.6 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

Donald P. Wagner, Third District

Doug Chaffee, Fourth District

Janet Nguyen, First District

Vicente Sarmiento, Second 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 A. Freidenrich, Treasurer-Tax Collector

Andrew Hamilton, Auditor-Controller-Elect

SECTION 6. GENERAL INSTRUCTIONS

6.1 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.

6.2 RESPONSIVENESS

Responsive bids shall include completed submittals/attachments provided in the VENDOR

QUESTIONNAIRE.

6.3 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 IFB 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.

6.4 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 O-Insurance

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

Contractor’s Legal Business Name(s). Out of State Vendors may be required to submit a

587/590 Form.

6.5 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.

https://procurement.opengov.com/portal/ocgov/projects/137472/document?section=1238442 https://procurement.opengov.com/portal/ocgov/projects/137472/document?section=1238442 https://procurement.opengov.com/portal/ocgov mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com

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.

6.6 NO SUBSTITUTION

The bidder is required to meet all specifications and requirements contained in this solicitation. No substitutions will be accepted, unless prior County written approval is received.

6.7 COMPANY PROFILE, BIDDER CERTIFICATION AND REFERENCES

Bidder shall utilize the forms provided to satisfy this requirement.

6.8 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.

6.9 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.

6.10 PROTESTS

In the event a Bidder believes that County’s solicitation is unfairly restrictive or ambiguous or contains conflicting provisions or the Bidder believes that any resulting Contract would be commercially impractical to perform, the Bidder must file a written protest with the County DPA.

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

1. The name, address and telephone number of the protester.

2. The signature of the protester or the protester’s representative.

3. The solicitation or contract number.

4. A detailed statement of the legal and/or factual grounds for the protest; and

5. The form of relief requested.

B. Protest of Bid Specifications:

1. All protests related to bid specifications must be submitted to the County DPA no later than five (5) business days prior to the close of the bid. Protests received after the five (5) business day deadline will not be considered by the County.

2. In the event the protest of specifications is denied, and the protester wishes to continue in the solicitation process, they must still submit a bid prior to the close of the solicitation in accordance with the bid submittal procedures provided in the bid.

C. Protest of Award of Contract:In protests related to the award of a contract, the protest must be submitted no later than five (5) business days after the notice of the proposed contract award is provided by the County DPA. Protests relating to a proposed contract award which are received after the five (5) business day deadline will not be considered by the County.

1. 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 County DPA, the County Procurement Officer or the Procurement

Appeals Board renders a decision on the protest.

b. Upon receipt of a timely protest, the County DPA will within ten (10) business days of the 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 to be included in the procurement file, 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 protester disagrees with the decision of the County DPA, the protestor may submit a written notice to the Office of the County Procurement Officer requesting an appeal to the

Procurement Appeals Board, in accordance with the process stated below.

B. Appeal Process

A. If the protester wishes to appeal the decision of the County DPA, the protester must submit, within three (3) business days from receipt of the County DPA’s decision, a written appeal to:

Email: CPOAppeals@ocgov.com

Or mailto:CPOAppeals@ocgov.com

County of Orange/County Procurement Office 400 West Civic Center Drive, 5th Floor Santa Ana, CA 92701

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

6.11 ACCEPTANCE/REJECTION/AWARD

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. In addition, County reserves the right to verify and validate any information prior to Contract Award and during the entire term of the Contract.

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.

6.12 RIGHTS RESERVED TO COUNTY:

The County reserves the right to:

A. Waive, at its discretion, any irregularity or informality, which County deems correctable or otherwise not warranting rejection of the bid.

B. County reserves the right, at its sole discretion, to make multiple awards to Bidders for services requested in this solicitation.

C. 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.

D. Negotiate the final Contract with the lowest, responsive and responsible Bidder or

Bidders as necessary to serve the best interests of the County.

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

Bidder responding to this solicitation.

F. 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.

6.13 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.

6.14 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.

6.15 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.

6.16 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.

6.17 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 7. W-9/W-8 REQUIREMENTS

7.1 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE FORM

W-9 REQUIREMENT:

Effective June 3, 2006, all Contractors, entering into a contract with the County, who are not already established in the Countywide Accounting and Personnel System (CAPS) as an Auditor-

Controller Vendor, will be required to submit to the County a federal Form W-9, or form W-8 for foreign vendors. The County will inform the Contractor, at the time of award, if the Form

W-9, or W-8, will be required.

A. In order to comply with this County requirement, within ten days of notification of selection of award of Contract but prior to official award of Contract, the selected

Contractor agrees to furnish to the contract administrator, the County DPA, the required

W-9 or W-8.