INVITATION FOR BIDS

for

Truck Loading Biofilter Media Replacement at Plant No. 2 (FR2-0034)

S-2026-736BD

ORANGE COUNTY SANITATION DISTRICT

18480 BANDILIER CIRCLE

FOUNTAIN VALLEY, CA 92708

KEY ACTION DATES

Release Project Date September 10, 2026

Pre-Bid Meeting/Job Walk (Mandatory)

September 24, 2026, 9:00am Plant No. 2 Operations Center Dart Room

Question Submission Deadline September 29, 2026, 2:00pm

Response Submission Deadline October 20, 2026, 2:00pm

Buyer: Donald Herrera

ALL BIDDERS MUST BE REGISTERED ON OC SAN’S OPENGOV SYSTEM IN ORDER TO

SUBMIT A BID

INVITATION FOR BIDS Page 2 of 25 Specification No. S-2026-736BD

1. NOTICE INVITING BIDS

Truck Loading Biofilter Media Replacement at Plant No. 2 (FR2-0034)

Specification No. S-2026-736BD

Submittal Information

Orange County Sanitation District (OC San), of Orange County, California, will receive bids until 2:00 pm on

Tuesday, October 20, 2026. Bids must be received via our OpenGov Procurement & Contract Management system at https://procurement.opengov.com/portal/ocsan by the date and time herein above set forth, at which time it will be automatically tabulated. The buyer will then examine each bid for responsiveness.

Bids must be submitted in accordance with all provisions of the specifications.

Summary:

The Contractor shall furnish all labor, equipment, materials, machinery, tools, supplies, insurance, bonds, permits, licenses, transportation, and other incidentals necessary to complete all tasks and items of work. The work consists of procuring, removing, and replacing fouled biofilter media in the Truck Loading Biofilter System at Plant No. 2.

Background

NO VALUE

Pre-Bid Meeting/Job Walk Requirements

OC San has scheduled the following Mandatory job walk for this procurement:

Meeting Location Facility Address Date & Time

OC San Plant 2

Operations Center DART Room

22212 Brookhurst Street

Huntington Beach, CA 92646

Thursday, September 24, 2026

9:00 am

The purpose of the pre-bid meeting is to familiarize interested bidders with OC San’s requirements, the technicalities of the scope of work, and to answer questions related to the Bid. The pre-bid meeting is anticipated to last approximately two (2) hour in duration.

The meeting starts promptly at the designated location and time referenced above.

Bidders are required to attend the mandatory job walk to be eligible for this bid. OC San will not accept bids from bidders who do not attend the mandatory job walk. Failure to attend renders a bid non-responsive.

Bidders shall allow ample time to locate the facility, park, and sign-in. Bidders should be prepared to walk to the work area, if needed.

Personal Protective Equipment (PPE) Requirements for job walks and work within the plant are listed in the

General Provisions section of this IFB. OC San will not provide personal protective equipment to attendees.

Job Walk participants who do not have the appropriate personal protective equipment will not be allowed to participate in the job walk due to safety concerns.

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

INVITATION FOR BIDS Page 3 of 25 Specification No. S-2026-736BD

Donald Herrera, Senior Buyer

Contracts, Purchasing & Materials Management

ATTENTION BIDDERS:

Only IFB documents downloaded from the Orange County Sanitation District's OpenGov Procurement &

Contract Management portal shall be considered official. Companies may access the portal by going to https://procurement.opengov.com/portal/ocsan.

INVITATION FOR BIDS Page 4 of 25 Specification No. S-2026-736BD

2. GENERAL PROVISIONS

The following general bidding provisions, Contract provisions, Scope of Work, all exhibits, and Terms &

Conditions provided herein shall apply to all bids.

2.1 Bid Cost

Bid cost must be submitted electronically through Orange County Sanitation's OpenGov Procurement portal.

The online bid line item for submission of your bid will only be available to your company if an employee attended the mandatory job walk.

2.2 Bid Pricing

All pricing and evaluative material contained in submitted bids must be valid through the Contract term. At no time shall the bids be altered.

2.3 Bid Validity

Bids submitted hereunder shall be valid for a period of not less than 180 calendar days from the date of the bid opening.

2.4 Bid Withdrawal

If a bidder wishes to withdraw their bid they may do so without prejudice at any time before the scheduled bid opening. The withdrawal of a bid does not prejudice the right of a bidder to submit a new bid before the deadline for delivery of bids. A bidder may withdraw their bid prior to the deadline for receipt of bids by clicking the "Unsubmit" button.

2.5 OC San Personal Protective Equipment (PPE) Requirements

OC San will not provide personal protective equipment to Contractors. Contractors are required to wear long pants, long or short sleeved shirts (no tank tops), and all the listed personal protective equipment that meets the following criteria:

• Enclosed Safety-Toe Shoes must meet ASTM F2413. ASTM numbers must be legible on the tongue or insides of the shoes,

• Safety Glasses must meet ANSI Z87,

• Hard Hats must meet ANSI Z89.1, and

• Safety Vest ANSI/SEA 107-2004 Class 2 requirements.

• 4-Gas Atmospheric Monitors

2.6 Preparation Costs

All costs incurred in the preparation, submission and/or presentation of any bid responding to this Bid package, including, but not limited to prospective bidder’s travel and personal expenses shall be the sole responsibility of the bidder and shall not be reimbursed by OC San.

OC San shall not pay for any costs incurred for bid preparation as a result of termination of this Invitation for

Bids or termination of the Contract resulting from this bid.

INVITATION FOR BIDS Page 5 of 25 Specification No. S-2026-736BD

2.7 Disqualification of Bids

More than one bid from any person, firm, partnership, corporation, or association under the same or different names will not be accepted and any reasonable grounds for believing that any firm, partnership, corporation, or association has a legal interest in more than one bid will be cause for rejecting all bids in which person, firm, partnership, corporation, or association has an interest. Apparent collusion among the Bidders will likewise be sufficient cause for rejecting any or all bids, and the participants in such collusion may be barred or disqualified from submitting future bids to OC San.

Bids in which the prices obviously are inconsistent may be rejected. The wording of the bids shall not be changed. Any additions, conditions, limitations, or provisions inserted by the Bidder will render the bid irregular and may cause its rejection. OC San reserves the right to reject any and all Bids, extend deadlines, and enter negotiations with any Bidder.

2.8 Receipt of Bids

All Bidders must submit their bid electronically and upload all required forms by the date and time called for in the Invitation for Bids, which is at 2:00 pm on Tuesday, October 20, 2026.

2.9 Confidential Information

Bids submitted to OC San may contain technical, financial, or other information that, if publicly disclosed, may cause substantial injury to the Bidder’s competitive position, or may be a trade secret. To protect such information from disclosure, the Bidder may upload a Public Copy of their bid that redacts any purported confidential information. The file uploaded should be clearly titled “Public Copy”.

Redaction consists of the Bidder making the sensitive information unreadable. This can be done by blacking out the text with a marking pen or covering the text with a blank piece of paper. By redacting or covering the text rather than deleting the text, the pagination of the original bid will be preserved.

In the event a “Public Copy” is not provided at time of Bid submission, OC San shall assume that the bidder has declared and agreed that no Confidential Information exists in its bid and make the original bid available in its entirety to Public Information Records Requests.

OC San will use its best efforts to inform the Bidder of any request for any financial records or documents marked “Trade Secret”, “Confidential” or “Proprietary” provided by the Bidder to OC San. OC San will not advise as to the nature or content of documents entitled to protection from disclosure under the California

Public Records Act.

OC San will not be held liable for any damage or injury which may result from any disclosure of information provided by Bidder. In submitting a Bid, the Bidder agrees to indemnify, defend, assume, and pay for all costs incurred by OC San including, but not limited to, attorneys’ fees awarded by the court, if the Bidder asserts that information provided by Bidder is confidential information, and in reliance upon Bidder’s affidavit, OC San does not disclose material provided to OC San by the Bidder.

2.10 Protests

By submitting a Bid, each Bidder hereby agrees and understands that the Bidder must comply with Orange

County Sanitation District's "Filing of Protests and Protest Procedures".

2.11 Addenda

Any OC San changes to the requirements will be made by an addendum to this Invitation for Bids (IFB). Any addendum issued pertaining to this Bid shall be incorporated into the terms and conditions of any resulting

Contract. OC San will not be bound to any modifications to or deviations from the requirements set forth in this

Bid as the result of oral instructions.

INVITATION FOR BIDS Page 6 of 25 Specification No. S-2026-736BD

2.12 Clarifications

Should a Bidder require clarification of this Bid; the Bidder shall notify OC San in writing in accordance with

Section Inquiries below. Should it be found that the point in question is not clearly and fully set forth, OC San will issue an addendum clarifying the matter which will be posted to this IFB on OC San's OpenGov

Procurement portal.

2.13 Inquiries

Prospective Bidders are required to put all questions, clarifications or comments in writing and submit online via the Q&A process for this Bid at OC San’s OpenGov Procurement portal at https://procurement.opengov.com/portal/ocsan on Tuesday, September 29, 2026 at 2:00 pm.

2.14 Price Confirmation

Prior to the award of the Contract, the apparent low Bidder will need to confirm that each line item is at the correct pricing. In the event there is a discrepancy between the submitted bid price and the confirmed price, in comparison to other Bids received, OC San shall have the option to either reject the Bid in its entirety or remove that item from the bid cost.

2.15 Contractor's Employees Compensation

General Prevailing Rate – OC San has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this works Contract as required by Labor Code Section 1774 of the State of California.

Per California Labor Code 1773.2, OC San will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request.

Forfeiture For Violation - Contractor shall, as a penalty to OC San, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.

Apprentices – Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime Contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days or more; or if

Contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more or five (5) working days or more.

Workday – In the performance of this Contract, not more than eight (8) hours shall constitute a day’s work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Section Forfeiture for Violation above. Contractor shall conform to

Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OC San as a penalty, the sum of twenty five dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project.

INVITATION FOR BIDS Page 7 of 25 Specification No. S-2026-736BD

Registration; Record of Wages; Inspection - Contractor shall comply with the registration requirements of

Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the California Department of Industrial Relations. Contractor shall maintain accurate payroll records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section

1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.

Contractor shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).

2.16 Award Recommendation

An Award Recommendation may be made to the lowest responsive and responsible Bidder for the total lump sum cost of services. OC San reserves the right to reject any or all Bids, waive any or all irregularities and accept or reject any portion of each individual Bid. Any missing bid requirements may deem the bid as non-responsive. OC San will be the sole authority in the evaluation of the bids, responsiveness, and responsibility.

OC San shall not be liable for any costs incurred in connection with the preparation and submittal of the bid due to rejection or otherwise.

OC San reserves the right to award its total requirements to the lowest responsible, responsive bidder or to apportion those requirements among several as OC San may deem to be in its best interest.

2.17 No Commitment to Award

Issuance of this Invitation for Bids (IFB) and receipt of Bids shall not commit OC San to award a Contract. OC

San expressly reserves the right to postpone Bid opening for its own convenience, to accept or reject any and/or all Bids received in response to this Invitation for Bids, or to cancel all or part of this Bid.

2.18 Competency of Bidders

Subcontractors listed by the Bidder must be properly licensed under the laws of the State of California for the type of work which they are to perform. Alternate Subcontractors shall not be listed for the same work.

2.19 Contract

OC San will require the awarded Contractor to enter into a Contract, which shall incorporate all the terms, conditions, and provisions of the IFB, including Scope of Work, and associated documents. A draft Contract containing key provisions required by OC San is attached to this IFB.

INVITATION FOR BIDS Page 8 of 25 Specification No. S-2026-736BD

3. INSTRUCTIONS TO BIDDERS

3.1 Insurance

Contractor must meet all insurance requirements as outlined in the Determined Insurance Requirement

Form and Certification of Ability to Provide Coverages Specified affidavit, which must be executed and submitted within 48 hours of your bid. Certificate of Insurance must only be completed by the awarded

Contractor.

3.2 Contractor License Requirements (State of California)

In accordance with California Business and Professions Code Section 7028.15, the Contractor must possess the following classification of Contractor’s License: A, as of the date of submittal of the bid documents to OC

San. The Contractor must set forth its contractor’s license number and its expiration date on the Contractor’s

License and Registration Declaration. In the event the successful bidder is not licensed as required as of the date of submittal of the bid documents, OC San shall reject the bid as being non-responsive. OC San shall, before awarding a Contract, verify that the successful bidder was properly licensed when the Contractor submitted the bid.

3.3 Contractor Registration Requirements (Department of Industrial Relations) In accordance with Labor Code Section 1725.5, the Contractor must be registered with the DIR, as of the date of submittal of the bid documents to OC San. The Contractor must set forth its registration number and expiration date on the Contractor’s License and Registration Declaration. In the event the successful bidder is not registered as required as of the date of submittal of the bid documents, OC San shall reject the bid as being non-responsive. OC San shall, before awarding a Contract, verify that the successful bidder was properly registered when the Contractor submitted the bid.

Subcontractors shall comply with the registration requirement of Labor Code Section 1725.5.

3.4 Iran Contracting Act Verification

The Iran Contracting Act of 2010 (Public Contract Code sections 2200-2208) prohibits Bidders engaged in investment activities in Iran from bidding on or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more.

Bidders bidding on or entering into or renewing an OC San contract for goods or services of $1,000,000 or more must either:

i. Certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (DGS) pursuant to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars

($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current DGS list of persons engaged in investment activities in Iran; or

ii. Demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

The DGS list of entities prohibited from contracting with public entities in California per the Iranian Contracting

Act of 2010 may be found at: https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-

Resources-List-Folder/List-of-Ineligible-Businesses#@ViewBag.JumpTo.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses#@ViewBag.JumpTo https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses#@ViewBag.JumpTo https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses#@ViewBag.JumpTo.

INVITATION FOR BIDS Page 9 of 25 Specification No. S-2026-736BD

California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; termination of an existing contract; and inability to bid on a contract for three years.

When submitting its Bid of one million dollars ($1,000,000) or more, Bidder shall complete and submit the Iran

Contracting Act Verification Form, and any necessary documentation, when applicable.

3.5 California Air Resources Board Mobile Source Certification As required by California Air Resources Board (CARB) Mobile Source Regulations, Bidders are required to provide certification(s) that the Bidder and its Subcontractors comply with the new CARB requirements. CARB set emission standards for mobile sources to protect the public health and welfare of Californians. Therefore, when submitting its Bid, Bidder shall complete and submit California Air Resources Board Mobile Source

Certifications Forms, and any necessary documentation, when applicable. Failure to submit the required certifications for the Bidder and its Subcontractors may deem the Bidder non-responsive.

Bidders shall assess their current fleet to determine if they need to make adjustments or updates to meet the new standards. The regulatory requirements may be viewed at the websites specified below.

• Advanced Clean Fleet Regulation https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets

• Truck & Bus Regulation https://ww2.arb.ca.gov/our-work/programs/truck-and-bus-regulation

• Clean Truck Check https://ww2.arb.ca.gov/our-work/programs/CTC

• Off-Road Diesel Amendments https://ww2.arb.ca.gov/resources/fact-sheets/overview-amendments-use-road-diesel-fueled-fleets-regulation

3.6 Staff Assistance

Contractor will be provided with the name and contact information of the Project Manager at the start of the

Contract. Upon award of Contract, questions regarding the Scope of Work, scheduling, etc. for this project should be addressed to the Project Manager. Also, upon award of Contract, please refer all contractual matters, aside from those of a technical nature, to the buyer as referenced in the Bid documents.

https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets https://ww2.arb.ca.gov/our-work/programs/truck-and-bus-regulation https://ww2.arb.ca.gov/our-work/programs/CTC https://ww2.arb.ca.gov/resources/fact-sheets/overview-amendments-use-road-diesel-fueled-fleets-regulation https://ww2.arb.ca.gov/resources/fact-sheets/overview-amendments-use-road-diesel-fueled-fleets-regulation

INVITATION FOR BIDS Page 10 of 25 Specification No. S-2026-736BD

4. SAFETY REQUIREMENTS

4.1 OC San's Contractor Safety Standards and Human Resources (HR) Requirements OC San requires all contractors and service providers to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OC San requirements while working at OC

San locations. If during the course of a contract, it is discovered that OC San policies, safety manuals, or contracts do not comply with State or Federal regulations, then the Contractor is required to follow the most stringent regulatory requirement at no cost to OC San. Contractor and all their employees and subcontractors shall adhere to all applicable Contractor Safety Standards and Human Resources Policies found at www.ocsan.gov click “Public Information,” then select “Document Center”. Filter by Department: Click Human

Resources, then filter by Sub Departments: click “Safety Policies” to access the Contractor Safety Standards

2024-11-05 (Rev11) and Safety Standard Operating Procedures (SOPs).

4.2 Safety Evaluation

All Safety evaluations will be performed utilizing data that is current at the date and time specified for the submittal of Bids.

• For purpose of evaluating the Safety record of the Bidder, if the Bidder has any Serious, Willful, Repeat, Serious and Willful or Failure to Abate citations pursuant to Part 1 of Division 5 of the Labor Code and has not taken appropriate corrective action to abate further such violations; or if the Bidder has an accident frequency factor between 1.01 and 1.25 and has not taken appropriate corrective action to reduce its accident frequency experience; or if the Bidder has a workers’ compensation experience modification rate issued and published by the Workers’ Compensation Insurance Rating Bureau of

California (WCIRB) greater than 1.25 when the accident frequency factor is between 1.01 and 1.25, or if the Bidder does not have injury prevention programs instituted to the extent required by Section

3201.5 or 6401.7 of the Labor Code, the Bidder may be deemed Not Responsible and its Bid rejected.

• OC San may require the Bidder to submit evidence of such corrective actions as described above and as specified in the "Safety Declaration of Contractor Form" provided with this IFB.

• If the Bidder has an accident frequency factor above 1.25 or a workers’ compensation experience modification rate issued and published by the Workers’ Compensation Insurance Rating Bureau of

California (WCIRB) above 1.25, the Bid shall be deemed Non-Responsive and the Bid rejected.

• Should the three (3) apparent low Bidders fail to meet OC San’s requirements, the next apparent low

Bidder(s)’s documentation shall be reviewed and evaluated.

4.3 Safety and Accident Prevention

Bidder shall comply with all applicable safety and health requirements mandated by federal, state, city, and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to, the OC San’s Contractor Safety Standards and Human Resources (HR)

Requirements. OC San reserves the right to stop work for violations of safety and health standards until the hazardous conditions are corrected. The right to stop work includes the right to remove a Contractor or its employees from the worksite.

https://www.ocsan.gov/

INVITATION FOR BIDS Page 11 of 25 Specification No. S-2026-736BD

4.4 Injury and Illness Prevention Program (IIPP)

Bidder will be required to submit its IIPP no later than fifteen (15) days from the effective date of the Notice to

Proceed for review by OC San pursuant to the Contract Documents. No work may be performed onsite by the

Bidder until the IIPP have been reviewed and endorsed by OC San. Upon request by OC San, Bidder shall be required to submit the IIPP and SSSP of each Subcontractor of any tier providing Work on any OC San jobsite as specified in the sections below.

4.5 Accident Frequency Factor

OC San will evaluate the Bidder’s accident frequency factor for each calendar year submitted on the

CAL/OSHA 300/300A Logs & Summaries Form, and its three (3) year average using the Accident Frequency

Factor tables shown below.

Prior to completing the Safety Declaration of Contractor Form, the Bidder shall calculate its accident frequency factor for each calendar year listed and its three (3) year average using the Accident Frequency

Factor tables below. The results of those calculations should be used to respond to the Accident Frequency question on the Declaration.

Total Case Incident Rate Calculation Table – Using the OSHA Form 300 and 300A logs and the table below, the Total Case Incident Rate (TCIR) is calculated for the past three (3) completed calendar years and three (3) year average in the table below. Please see the California Department of Industrial

Relations (DIR) website for more detailed information.

1. The number of nonfatal injuries and illnesses is determined for each year by:

i. Counting the number of OSHA recordable* cases for the year listed on the OSHA Form 300

(log) or,

ii. Using the 300A (summary), adding the number of recordable cases entered in Column H +

Column I + Column J to obtain the total injuries and illnesses.

2. The number of employee hours worked is located on the OSHA 300A Summary.

3. Using the BLS formula provided below, the TCIR three (3) year average is calculated.

*Please see California Code of Regulations Title 8, Chapter 7, Subchapter 1, Article 2 for more information on determining a recordable injury and illness.

Total Case Injury Rate Formula:

# OSHA Recordable Injuries/Illnesses x 200,000 = Company’s TotalCase Employee Hours

Worked for Calendar = Year Incidence Rate

Calendar Year

# OSHA

Recordable Injuries/

Illnesses x 200,000 Employee

Hours Worked Bidder's TCIR

20__ x 200,000 (A)

20__ x 200,000 (B)

20__ x 200,000 (C)

TCIR

3 Year Average

A + B + C = D

(D)

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Accident Frequency Factor Calculation Table

1. The Accident Frequency Factor is calculated by dividing the 3-year average TCIR from the above table (D) by the most recently published DIR data for the Contractor’s industry NAICS code. The 3

Year Average from the table above (D) is copied into the space below identified as (D).

2. The Bidder’s industry NAICS code is looked up in the California Department of Industrial Relations

(DIR) Nonfatal Occupational Injuries and Illnesses in California, Summary Tables at http://www.dir.ca.gov/OPRL/nonfatal.htm for each corresponding year.**

3. DIR data has an approximate one (1) year publishing delay. If the current year is unavailable, use the most recent available date from the DIR site. For example, 2020 DIR data will be used for projects being bid in the 2022 calendar year, unless if 2020 DIR data is published at the time of bid.

Formula:

Bidder's

TCIR

DIR Industry Average

= Accident Frequency Factor

Calendar Year Bidder TRIR DIR Industry

Average

Bidder's TCIR

3 Year Average

(D)

DIR Industry Average (E)

3 Year Accident

Frequency Factor

D/E = F (F)

**DIR data has an approximate 10-month publishing delay. If the current year is unavailable, please use the previous year. For example,2010 BLS data will be used for both 2010 and 2011.

4.6 Subcontractors Safety Evaluation

Bidder’s must pre-qualify their Subcontractors prior to submitting their Bids. To safety pre-qualify

Subcontractors, each Subcontractor must have completed the “Safety Declaration of Contractor

Form”, as provided in this IFB.

As described above, Bidders shall submit to OC San each Subcontractor’s “Safety Declaration Form”, completed Workers’ Compensation Experience Rating Form (also referred to as an Experience Rating

Worksheet), and CAL/OSHA 300/300A Logs and Summaries for each of the last three (3) completed years as follows:

a. For Subcontractors listed on "List of Subcontractors Form", List of Subcontractors and all other Subcontractors of all tiers who will commence Work within the first ninety (90) days after

Award of Contract, the required documentation shall be submitted by the date specified for the submittal of Bids.

http://www.dir.ca.gov/OPRL/nonfatal.htm

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b. For Subcontractors of all tiers who will commence Work at the Project site after the initial ninety

(90) days of Award of Contract, the required documentation shall be submitted to OC San not less than 30 days prior to the commencement of Work at the Project site, or such other date as may be specified by OC San.

c. OC San will perform the safety evaluation of the successful Contractor’s Subcontractor(s) pursuant to the criteria specified for Contractor in this Section. The successful Contractor shall substitute all Subcontractor(s) who fail the safety evaluation, with Subcontractor(s) who do meet the minimum safety requirements for the prices as submitted in the Schedule of Prices and at no additional cost to OC San.

4.7 Contractor Performance Evaluation

At the completion of the Contract, OC San may conduct a Contractor performance evaluation which may be used in future assessments of determining Contractor responsibility for future contract awards with OC San.

The written evaluation may be subject to public review and copying pursuant to the California Public Records

Act.

INVITATION FOR BIDS Page 14 of 25 Specification No. S-2026-736BD

5. CONTRACT PROVISIONS

Refer to the Draft Contract Exhibit for the full terms and conditions.

5.1 Contract Term

The goods/services provided under this Contract shall be delivered as outlined in the Scope of Work.

The term of this Contract shall be within 84 calendar days from the effective date of the Notice to Proceed.

5.2 Payment & Invoicing

Payments shall be made upon approval by OC San Project Manager or their designee, of invoices submitted for work completed as described in the Scope of Work (Exhibit A). OC San, at its sole discretion, shall be the determining party as to whether tasks and deliverables for each Milestone have been satisfactorily completed.

OC San shall pay, Net 30 days, upon receipt of itemized invoices, submitted in duplicate, in a form acceptable to OC San to enable audit of the charges thereon. The awarded Contractor will mail the invoices to Orange

County Sanitation District, 18480 Bandilier Circle, Fountain Valley, CA 92708, Attention Accounts Payable or via email to APStaff@ocsan.gov. All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment/goods, material, installation, and training, or from the date of receipt of invoice, whichever occurs last.

In an effort to provide quicker payment, OC San may offer payment by Single-Use Account (SUA) or

Automated Clearing House (ACH).

OC San is required to withhold 7% on all payments made to non-California resident service providers for professional services, rents, leases, or royalties paid. Any funds withheld shall be remitted to the California

Franchise Tax Board on a quarterly basis. Vendors may be exempt from this requirement by their exemption status and submitting the California Form 590 to OC San’s Financial Management Division via regular mail or email to APStaff@ocsan.gov.

5.3 Non-Exclusive Contract

This Contract is a non-exclusive contract. OC San reserves the right to enter contracts with one or more companies in order to provide supplemental services.

5.4 Assignment of Contract

This Contract will not be assigned to another Contractor without prior written authorization of OC San.

5.5 Pricing

Bid price for Truck Loading Biofilter Media Replacement at Plant No. 2 (FR2-0034) shall remain firm during the

Contract period.

All prices shall be F.O.B. destination. The bid shall include all cartage and taxes per gallon except California

State Sales Tax. The sales tax will be paid by OC San. The sales tax shall not apply to freight charges.

5.6 California Law

The Contract with the awarded Contractor shall be governed by the laws of the State of California.

mailto:APStaff@ocsan.gov mailto:APStaff@ocsan.gov

INVITATION FOR BIDS Page 15 of 25 Specification No. S-2026-736BD

5.7 Termination

OC San reserves the right to terminate the Contract, in whole or in part, without cause at any time, by written notice to awarded Contractor. Such notice of termination shall terminate the Contract and release OC San from any further fee, cost or claim by awarded Contractor other than for work performed to the date of the termination. Upon receipt of a termination notice, awarded Contractor shall immediately discontinue all work under the Contract (unless the notice directs otherwise). OC San shall thereafter, within (30) days, pay awarded Contractor for work performed (cost and fee) to the date of termination.

5.8 Pre-Contractual Expenses

OC San shall not under any circumstances be liable for Bidder’s cost of engaging in any activity prior to the effective date of award, if any, of a Contract resulting from this IFB.

5.9 Delivery Hours

Unless otherwise noted in Scope of Work, the awarded Contractor will deliver goods through OC San’s

Warehouse at Plant No. 1. All deliveries shall be scheduled Monday through Friday, between 7:00 AM PT and

3:30 PM PT.

5.10 Damage to OC San Property

Any OC San property damaged by the Contractor or the Contractor's personnel will be subject to repair or replacement by the Contractor at no cost to OC San.

5.11 South Coast Air Quality Management District's (SCAQMD) Requirements It is the Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All contract work practices, which may have associated emissions such as sandblastings, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the

SCAQMD.

5.12 Right to Review Services, Facilities, and Records

OC San reserves the right to review any portion of the services performed by the Contractor under this

Contract, and the Contractor agrees to cooperate to the fullest extent possible. The Contractor shall furnish to

OC San such reports, statistical data, and other information pertaining to the Contractor's services as shall be reasonably required by OC San to carry out its rights and responsibilities under its Contract with its bondholders or noteholders and any other Contract relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bond and other obligations.

The right of OC San to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by the Contractor shall not relieve the

Contractor of any obligation set forth herein.

5.13 Permits, Ordinances and Regulations

Any and all fees required by Federal, State, County, City and/or local laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement will be paid by the awarded Contractor. Fees demanded for obtaining certificates, including associated inspection fees and expenses or regulatory body inspectors shall be paid by the Contractor.

INVITATION FOR BIDS Page 16 of 25 Specification No. S-2026-736BD

5.14 Warranty

Manufacturer’s standard warranty shall apply unless otherwise stated in this solicitation. All manufacturer warranties will begin at date of acceptance of the equipment/goods.

5.15 Equipment Warranty

All manufacturer warranties will begin at date of acceptance of the equipment/goods. The Contractor shall warrant all equipment/goods and parts supplied under this Agreement for a period of one (1) year from date of completion of site work and signed acceptance by OC San’s Project Manager. Contractor shall be responsible for repairing or replacing the defective part at no cost to OC San, including installation and freight. This warranty does not cover parts damaged by decomposition from chemical reaction or wear caused by abrasive materials, nor does it cover damage resulting from misuse, accident, neglect, or from improper operation, maintenance, modification, or adjustment.

INVITATION FOR BIDS Page 17 of 25 Specification No. S-2026-736BD

6. BID RESPONSE

6.1 Bid Information*

Please upload all information as required by this IFB not addressed in one of the below required submittal areas.

*Response required

6.2 Contractor's License Declaration

6.2.1 Bidder's Contractor's License Number*

Please enter your Contractor's License Number as issued by the Contractors State License Board in

California.

*Response required

6.2.2 Contractor's License Expiration Date*

What is the current expiration date of the license provided?

*Response required

6.2.3 California Code Acknowledgement*

Bidder acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows:

"[A] bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency

"[A] local agency shall, before awarding a bid, verify that the contractor was properly licensed when the contractor submitted the bid."

Bidder acknowledges that Section 1725.5 of the Labor Code provide as follows: “A Contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract.”

☐ Please confirm

*Response required

6.2.4 Bidder's DIR Registration Number*

Please enter your DIR Registration Number as issued by the California Department of Industrial Relations.

*Response required

6.2.5 DIR Registration Expiration*

What is the current expiration date of Bidder's DIR Registration?

*Response required

INVITATION FOR BIDS Page 18 of 25 Specification No. S-2026-736BD

6.3 Forms

6.3.1 Non-Collusion Affidavit*

Please download the attached Non-Collusion Affidavit, complete and upload.

• Non-Collusion_Affidavit.pdf

*Response required

6.3.2 Total Cost Exceeds $1,000,000?*

Does the total cost of your bid or proposal exceed $1,000,000?

☐ Yes

☐ No

*Response required

When equals "Yes"

6.3.3 IRAN Contracting Act Verification*

Please download the attached IRAN Contracting Act Verification Form, complete and upload.

• Iran_Contracting_Act_Verifi...

*Response required

6.3.4 List of Subcontractors*

Please download the attached List of Subcontractors Form, complete and upload.

• List_of_Subcontractors.pdf

*Response required

6.3.5 Safety Program and 300/300A OSHA Logs and Summaries*

Please download the attached Safety Program and 300/300A OSHA Logs and Summaries Form, complete and upload along with any additionally required information.

• Safety_Program_300-300A_OSH...

*Response required

6.3.6 Safety Declaration of Contractor*

Please download the attached Safety Declaration of Contractor Form, complete and upload along with any additionally required information.

• Safety_Declaration_of_Contr...

*Response required

6.3.7 Financial Resources*

Please download the attached Financial Resources Form, complete and upload along with any additionally required information.

https://government-project.s3.us-west-2.amazonaws.com/183631/5e726078-2f8a-48f2-8ca3-29f87e64a6c2_Non-Collusion_Affidavit.pdf https://government-project.s3.us-west-2.amazonaws.com/183631/4e220570-89f8-4e56-a076-89d625e95917_Iran_Contracting_Act_Verification.pdf https://government-project.s3.us-west-2.amazonaws.com/183631/ab0a487c-c43a-425b-af9b-2a98f0ea2f4a_List_of_Subcontractors.pdf https://government-project.s3.us-west-2.amazonaws.com/183631/f357714c-cb51-4f71-b369-c522c55a683e_Safety_Program_300-300A_OSHA_Logs_Summaries.pdf https://government-project.s3.us-west-2.amazonaws.com/183631/42d6c139-412e-4ef4-acb7-55034dad2c72_Safety_Declaration_of_Contractor.pdf

INVITATION FOR BIDS Page 19 of 25 Specification No. S-2026-736BD

• Financial_Resources.pdf

*Response required

6.4 California Air Resources Board Mobile Source Certifications

6.4.1 California Air Resources Board Form

Please download the below documents, complete, and upload.

• California_Air_Resources_Bo...

6.5 Submittal

6.5.1 Additional Information (if needed)

For any additional information requested or required by any of your previously provided answers or as stated within this IFB, please upload the additional documentation here.

6.5.2 Submittal Confirmation*

Bidder hereby certifies that all information provided within this bid response is accurate to the best of their knowledge. Bidder acknowledges that they have examined and carefully studied all Contract Documents, Attachments, any Addenda and that they have provided any necessary proof of their authority to submit a bid response on behalf of the Company Name stated on the bid thereby committing the Company to the information contained within.

☐ Please confirm

*Response required https://government-project.s3.us-west-2.amazonaws.com/183631/bc9d57f5-f7b0-4d25-805d-f19194fb1e0b_Financial_Resources.pdf https://government-project.s3.us-west-2.amazonaws.com/183631/ab7893df-d679-45e8-9d54-149206b90fa4_California_Air_Resources_Board_Mobile_Source_Certifications_Form.pdf

INVITATION FOR BIDS Page 20 of 25 Specification No. S-2026-736BD

7. PRICING

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Total Lump Sum 1 Lot

TOTAL

INVITATION FOR BIDS Page 21 of 25 Specification No. S-2026-736BD

8. FILING OF PROTESTS AND PROTEST PROCEDURES

This Section sets forth the procedure and remedies concerning submittal and consideration of all protests received by OC San with respect to this Invitation for Bids (IFB). All communications to OC San relating to a

Protest shall be in writing and submitted electronically to Purchasing@ocsan.gov. By submitting a Bid, each

Bidder hereby agrees and understands that the Bidder must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. Upon the express written agreement of the parties, this protest procedure can also be used to resolve issues surrounding OC San’s determination of a Bidder as not responsible. This procedure is not intended to address issues concerning Bid responsiveness. The following terms as used in this Section shall have the following meanings:

• Protest shall mean a written objection by an Interested Party to

i. the requirements or specifications contained in the IFB (solicitation protest), or

ii. a proposed award recommendation (award protest).

• Days shall mean calendar days, unless otherwise specified.

• Interested Party shall mean (1) on solicitation, all Bidders or Prospective Bidders (2) on award, the unsuccessful Bidder with a direct economic interest in the outcome of their protest.

• Solicitation Protest Statement shall mean a written objection during the solicitation phase of the procurement, which shall be submitted prior to the bid due date as specified herein.

• Award Protest Statement shall mean a written objection to the award recommendation prior to final action to award the contract, which shall be submitted after receipt of Bids, but before award of a contract, as specified herein.

• File or Submit shall refer to the date of receipt by OC San.

Specific procedures and requirements are as follows:

A. Solicitation Phase Protest

The purpose of this IFB is to obtain competitive Bids from interested Bidders. Any Interested Party who has reason to believe that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise OC San of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A.

1. Contents and Requirements

Solicitation Protest Statement must be submitted via email to Purchasing@ocsan.gov and addressed to OC San's Buyer identified in the IFB by 4:00 p.m. (Pacific Time zone) no less than seven (7) days prior to the Bid due date, and must contain all of the following to be considered:

a. The name, address, and telephone number of the protestor,

b. The title, bid description, and number of the specification or IFB being protested, INVITATION FOR BIDS Page 22 of 25 Specification No. S-2026-736BD

c. A detailed statement setting forth the grounds for protest, which shall include, in sufficient detail to establish the merits of the protest, all the factual and legal documentation in support of the protest, and

d. The desired resolution to the protest.

2. If the submitted Solicitation Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor. The

Solicitation Protest Statement shall not be amended after filing, and OC San will not consider any unsolicited information provided after filing. Any argument not raised in the Solicitation Protest

Statement shall be deemed waived, including as a part of the award protest. Failure to file the

Solicitation Protest Statement within the time specified herein shall constitute a waiver of the right to protest the specifications or requirements of the IFB.

Solicitation Protest Statements are public documents. OC San will provide copies of the Solicitation

Protest Statements upon written request.

3. Evaluation and Determination

No hearing will be held on the protest. OC San’s Purchasing and Contracts Manager, or designee, will review all material submitted, conduct an investigation of the facts, and may, but need not, request other Bidders to submit statements or arguments regarding the protest. OC San’s

Purchasing and Contracts Manager, or designee, may in his/her sole discretion, discuss the protest with the protestor.

OC San’s Purchasing and Contracts Manager, or designee, shall issue a final written decision regarding any solicitation protest to each Bidder prior to the Bid submittal. The written decision will cite any actions that will or will not be taken in response to the Solicitation Protest Statement. The decision of the Purchasing and Contracts Manager concerning the Solicitation Protest Statement shall be final, and there shall be no further administrative recourse.

B. Award Protest

1. Award Recommendation

Following opening and evaluation of the Bids, OC San will issue an award recommendation to each

Bidder through any one of the following methods:

a. Delivery via overnight carrier, or

b. Posting the Award Recommendation on OC San’s online bidding system as identified within the

IFB.

2. On the date OC San issues an award recommendation, OC San shall make copies of all submitted

Bids available upon request. Requests shall be made to Purchasing@ocsan.gov and shall contain the following in the subject line of the e-mail: “ Truck Loading Biofilter Media Replacement at Plant

No. 2 (FR2-0034) S-2026-736BD – Request for Copies.”

3. Contents and Requirements mailto:Purchasing@ocsan.gov

INVITATION FOR BIDS Page 23 of 25 Specification No. S-2026-736BD

Any Interested Party, who has reason to believe that a free and open competition has not taken place in the Bid submittal, evaluation of the Bids, and award recommendation, is permitted to protest OC San’s award recommendation by submitting an Award Protest Statement to OC San identified in the IFB, via electronic mail (e-mail) at Purchasing@ocsan.gov no later than 4:00 p.m.

(Pacific Time zone) on the seventh (7th) day after OC San issues the Award Recommendation or some similar announcement. OC San will not accept an Award Protest Statement, or similar document, prior to the date OC San issues its Award Recommendation to the Bidders. Award

Protest Statements, or similar document, received prior to the issuance of OC San’s Award

Recommendation will be considered premature and will be immediately returned to the party filing the Protest without consideration.

The Award Protest Statement must be submitted timely and contain all of the following to be considered:

a. The…