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OIAA General Conditions Page i Issued for Bid April 2026

OIAA GENERAL CONDITIONS

GENERAL

GC-1. HEADINGS

GC-2. ORDER OF PRECEDENCE AND CONTRACT INTERPRETATION

GC-3. CONTRACTING DEFINITIONS

GC-4. ABBREVIATIONS AND ACRONYMS

GC-5. INVALIDATION OF A CONDITION

GC-6. NO ALTERATION OF CONTRACT TERMS

GC-7. CONTRACT BONDS

GC-8. INDEPENDENT CONTRACTOR

GC-9. SUBCONTRACTS

GC-10. CONTRACTOR'S REPRESENTATIONS, SERVICES AND RESPONSIBILITIES

GC-11. THE CONTRACTOR’S REPRESENTATIVE

GC-12. AUTHORITY OF THE OIAA AND ITS COMMISSION

GC-13. OWNER-FURNISHED DOCUMENTS AND SPECIFICATIONS

GC-14. OWNERSHIP AND USE OF CONTRACT WORK PRODUCTS

GC-15. WORK FORCE

GC-16. COORDINATION

GC-17. BUSINESS ETHICS

GC-18. MATERIALS AND WORKMANSHIP

GC-19. PUBLICITY AND ADVERTISING

GC-20. PUBLIC RELATIONS

GC-21. HAZARDOUS AND OTHER REGULATED SUBSTANCES

GC-22. PROJECT SITE INVESTIGATION

GC-22.1 Subsurface Data GC-22.2 Archaeological and Paleontological Discoveries

GC-23. RIGHTS OF ENTRY

GC-24. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS

GC-25. DISABLED ACCESS

GC-26. PUBLIC CONVENIENCE AND SAFETY

GC-26.1 Accidents or Incidents

GC-27. USE OF IMPROVEMENTS DURING CONSTRUCTION

GC-28. JOINT LIABILITY

GC-29. OIAA HELD HARMLESS

GC-30. PATENT FEES OR ROYALTIES

OIAA General Conditions Page ii Issued for Bid April 2026

GC-31. NO THIRD-PARTY BENEFICIARY

GC-32. GOVERNING LAW; VENUE

GC-33. COMPLIANCE WITH APPLICABLE LAWS

GC-34. ASSIGNMENT OR TRANSFER STRICTLY PROHIBITED

GC-35. CONFLICT OF INTEREST

GC-36. WAIVER

GC-37. SUSPENSION OF WORK

GC-38. TERMINATION FOR CONVENIENCE

GC-39. TERMINATION FOR DEFAULT

GC-40. LABOR AND PREVAILING WAGES

SCHEDULE

GC-41. PROSECUTION OF WORK

GC-41.1 Preconstruction Phase Scheduling and Planning

GC-42. PROGRESS

GC-42.1 Integration of Preconstruction and Construction Progress

GC-43. DELAYS

GC-44. EXTENSIONS OF TIME

GC-45. FORCE MAJEURE

GC-46. LIQUIDATED DAMAGES

GC-47. SCHEDULING OF THE WORK

GC-47.1 General Schedule Requirements GC-47.2 Baseline Schedule Requirements GC-47.3 Three Week Look Ahead Schedule GC-47.4 Subcontractor Documentation GC-47.5 Contractor's Construction Scheduler GC-47.6 Integrated Scheduling, Phasing, and Procurement Coordination

GC-48. SUBSTANTIAL COMPLETION

GC-49. FINAL INSPECTION, COMPLETION, AND ACCEPTANCE OF THE WORK

GC-49.1 Final Inspection GC-49.2 Incomplete or Defective Work GC-49.3 Final Completion GC-49.4 Final Acceptance

PAYMENT

GC-50. TAXES

GC-51. PAYMENT PROCEDURES

GC-51.1 Summary GC-51.2 Applications for Payment

OIAA General Conditions Page iii Issued for Bid April 2026

GC-51.3 Decisions to Withhold Payment GC-51.4 Back Charge/Payment Denial/Withholding GC-51.5 Scope of Payment GC-51.6 Retention GC-51.7 Final Payment

GC-52. PAYROLL RECORDS

CHANGES AND DIRECTIVES

GC-53. FIELD DIRECTIVES

GC-54. NO ORAL MODIFICATION

GC-55. DIFFERING PROJECT SITE CONDITIONS

GC-56. CONTRACTOR POTENTIAL CHANGE NOTICES

GC-56.1 Time Requirements GC-56.2 Determination by OIAA GC-56.3 Submittal Requirements and Waiver of Claims

GC-57. CONTRACTOR CHANGE REQUEST

GC-58. CHANGE DIRECTIVES

GC-58.1 Submit a Contractor Change Request for Potential Changes to Work GC-58.2 Proceeding with a Change on a Time and Materials Basis GC-58.3 Proceeding with a Change on a Unit Price Basis GC-58.4 Proceeding with a Change on an Agreed Price GC-58.5 Proceed with Any Other Direction as Required by OIAA GC-58.6 Incorporating into a Change Order for Execution

GC-59. CHANGE ORDERS

GC-60. PRICING

DISPUTES

GC-61. RESOLUTION OF DISAGREEMENTS

CLAIMS

GC-62. CLAIMS

GC-62.1 Administrative Process GC-62.2 Government Code Claims GC-62.3 Performance During Claim or Dispute GC-62.4 Certification of Claims

AUDIT

GC-63. AUDITS AND RECORDS

GC-64. PROPRIETARY OR CONFIDENTIAL INFORMATION

WARRANTIES

GC-65. WARRANTIES

OIAA General Conditions Page iv Issued for Bid April 2026

GC-65.1 Disclaimers and Limitations GC-65.2 Related Damages and Losses GC-65.3 Reinstatement of Warranty GC-65.4 Replacement Cost GC-65.5 Warranty for Labor and Materials GC-65.6 Defective Work GC-65.7 Expressed Warranties GC-65.8 Rejection of Warranties GC-65.9 Warranty Submittals GC-65.10 Form of Submittal

ADMINISTRATIVE REQUIREMENTS

GC-66. OIAA ADMINISTRATIVE REQUIREMENTS

GC-67. BUSINESS LICENCE

GC-68. INSURANCE

GC-69. ANTITRUST CLAIMS

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GENERAL

GC-1. HEADINGS

The Section headings appearing herein shall not be deemed to govern, limit, modify or in any manner aƯect the scope, meaning or intent of the provisions of this Contract.

GC-2. ORDER OF PRECEDENCE AND CONTRACT INTERPRETATION

Conflicts in the application or interpretation of any parts of the Contract Documents that cannot be resolved shall be interpreted in accordance with the following order of precedence (the first listed being the highest precedence):

1. Applicable Laws and Regulations.

2. Permits.

3. Executed Change Orders (more recent controlling).

4. Attachment 3(a): Executed Contract Agreement and Performance and Payment Bonds

5. Bid Addendums

6. Attachment 2(a): Bid Schedule of Work and Prices

7. Attachment 3(c): Special Provisions for Airport Construction.

8. Attachment 5(a): Construction Safety and Phasing Plan. (When applicable.)

9. Attachment 3(f): Technical Specifications.

10. Attachment 3(e): FAA General Provisions.

11. Attachment 3(b): OIAA General Conditions.

12. Attachment 3(d): Required Federal Provisions.

13. Attachment 3(g): Project Plans/Drawings (detailed plans having greater precedence).

14. Notice Inviting Bids

15. Instructions to Bidders

16. Attachment 2: All other items in Attachment 2 not previously referenced on this list.

17. Attachment 1: All items.

18. Attachment 5: All other items in Attachment 5 not previously referenced on this list.

19. Standard Specifications for Public Works Construction and the State of California

Department of Transportation Standard Plans and Specifications.

A. Publication Dates: Date of Reference Standard in eƯect as of date of Notice Inviting Bids, except when specific date is specified or when Reference Standard is part of applicable code which includes edition date.

B. Where compliance with two (2) or more Reference Standards are specified and Reference Standards establish diƯerent or conflicting requirements for minimum quantities or quality levels, the more restrictive/most stringent interpretation shall govern. Refer uncertainties and requirements that are diƯerent but apparently equal to OIAA for decision before proceeding.

C. In case of a conflict within a part of a Contract Document, the provision with the more restrictive/most stringent interpretation shall govern.

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GC-3. CONTRACTING DEFINITIONS

ACCEPTANCE – The action by OIAA that confirms that OIAA has inspected the Work and has found it or documentation thereof to be in compliance with Contract Documents. has found it and the documentation thereof to be in compliance with Contract Documents.

ACCEPTANCE PERIOD – The period of construction after prefunctional check-out and start-up when functional performance tests, closeout documentation review and training occur, prior to substantial completion.

ACTIVITY - A task, event or other Contract element on a schedule that contributes to completing the contract. Activities have a description, duration and one or more logic ties. ACTIVITY DURATION - The total number of actual working days required to perform that Activity.

OIAA ACTUAL COST - A verifiable amount paid for labor, materials, equipment, and supplies in the performance of the Work.

ACTUAL DATES - The actual start and finish date of an Activity which occurs prior to the Data Date.

Dates occurring after the Data Date are not actual dates.

AIR OPERATIONS AREA (AOA) - Any area of the airport used or intended to be used for the landing, take oƯ or surface maneuvering of aircraft and support equipment and all the area within the airport security fence.

ALLOWANCE - An amount established by OIAA for a scope of work which has been identified, but which has not yet been fully defined, and may be used in whole, in part, or not at all.

APPROVAL (in Commissioning) - Acceptance that a piece of equipment or system has been properly installed and functioning in all tested modes according to the contract documents and design intent.

AS-BUILT DRAWINGS - As- Built Construction Drawings maintained by the Contractor that indicate on-site changes to the original construction documents.

AS-BUILT MODEL - A validated Model generated by the Contractor that has incorporated all changes in the project and any deviations between the drawings and the work actually built. The “As-Built Model” is a further development of the “Construction Model” that has been spatially and technically validated in the field.

BENEFICIAL OCCUPANCY - When OIAA takes possession and operates the facility (or portions of facility) prior to Final Acceptance of the Work.

BENEFICIAL USE - When OIAA takes possession and operates the facility before Substantial Completion and prior to Final Acceptance of the Work.

BID PACKAGE – A set of documents and defined scope of construction work assembled to solicit bids from the construction subcontracting community.

CERTIFICATE OF SUBSTANTIAL COMPLETION – OIAA’s formal letter to the Contractor that accepts the Work or portion of the Work as substantially complete.

CHIEF EXECUTIVE OFFICER - The Executive OƯicer of the OIAA or designee.

COMMISSION – the Commission of the Ontario International Airport Authority (OIAA).

COMMISSIONING PLAN - The Commissioning Plan (CxP) is developed by the Contractor with the assistance of the Commissioning Team per the requirements of the Contract Documents and the

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Scope of Work. The CxP provides structure, checklists, testing forms, schedules for all systems and equipment being installed.

CMAR’s Fee - The fee for CMAR’s profit and general overhead, calculated as xx % of the Cost of the Work

CMAR-Related Entity - The CMAR, its Subcontractors, Suppliers, subconsultants including professionals, technicians, engineers, and anyone CMAR may be legally or contractually liable, including oƯicers, directors, employees, representatives, agents, consultants, and contractors.

COMPONENT GUARANTEED MAXIMUM PRICE (CGMP) - Guaranteed maximum price for construction of a defined incremental element of the Work which is a component of a GMP issued during the development of the GMP.

CONSTRUCTION DOCUMENTS - The term “Construction Documents” means the plans and specifications for the Project.

CONSTRUCTION MANAGER AT RISK (CMAR) - Construction Manager at Risk referrers to the delivery method of this contract and may also be used interchangeably with CONTRACTOR as defined herein. The Construction Manager-at-Risk contracted by OIAA to perform preconstruction and construction services for the Project, including its successors and its authorized representatives.

Construction Management at Risk is the delivery method.

CONTRACT AWARD - Award of the Contract by the OIAA.

CONTRACT COMPLETION DATE - The date OIAA accepts the entire Work as being complete and in compliance with the Contract Documents and authorizes the final payment in accordance with the requirements set forth in these Contract Documents.

CONTRACT DOCUMENTS - The executed Contract Agreement, the General Conditions, Special Conditions, Administrative Requirements, Schedule of Work and Prices, Project Requirements, Technical Specifications, Plans/Drawings and Reference Documents.

OIAA CONTRACT TERM - The length of time the Contractor is allowed to complete the work within the Contract milestones or Contract schedule, as specified by the Contract Documents.

CONTRACT TIME - The term set forth in the Contract within which Contractor must achieve Full Close Out of the Work, as adjusted by Change Orders. The length of time the Contractor is allowed to complete the Work within the Contract milestones or Contract schedule, as specified by the Contract Documents.

CONTRACTOR - The Individual, Partnership, Corporation, Joint Venture, or other legal entity having a Contract with OIAA to perform the Work.

CONTRACTOR CHANGE REQUEST (CCR) - A change request generated by the Contractor and transmitted to OIAA with supporting documentation to provide OIAA with the Cost and Schedule information and justification for a Change to the Contract.

CONTRACTOR CONTINGENCY - In addition to the Cost of the Work, a (C)GMP may include an agreed upon Contractor Contingency per the Contract Documents.

CONTROL SYSTEMS - A component of environmental, HVAC, security, baggage, life safety, lighting, etc., for reporting/monitoring and issuing of commands to/from field devices.

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COST OF WORK - Cost necessarily and reasonably incurred by the Contractor in the proper performance of the Work only to the extent they are allowed in the contract and directly related to construction.

CRITICAL PATH - The critical path is a series of activities that determines a Project's completion time. The duration of the activities on the critical path controls the duration of the entire Project; a delay to any of these activities will delay the finish date of the entire Project. Critical activities are defined by either the total float or the longest path in the Project network.

CRITICAL PATH METHOD (CPM) - A network-based planning technique using activity durations and relationships between activities to mathematically calculate a schedule for the entire Contract.

CURRENT SCHEDULE - The most recent OIAA accepted Project schedule, (i.e., Interim Project schedule, Baseline schedule, Monthly Schedule Update, Revised Baseline schedule or Recovery schedule).

DATA DATE - The day after the date through which a schedule is current. Everything occurring earlier than the data date is "as built" and everything on or after the data date is "planned."

DAY - Whether capitalized or not, unless otherwise specifically provided, means calendar day, including weekends and legal holidays. In the case of the plural ‘days,’ those days will be consecutive.

EARLY COMPLETION TIME - The diƯerence in time between an early scheduled completion date and the Contract completion date.

ENGINEER - Representative/designee of the OIAA.

EQUAL/ OR EQUAL - The product, equipment, or material which is proposed by the Contractor for use in the work at no additional cost which in the sole judgment of OIAA is equal to or better than the product or material specified in the Contract Documents as to function, performance, reliability, quality, and general configuration.

EXTRA WORK – An item of work that must be performed by the Contractor which is within the general scope of the Contract Document Work but for which no basis of payment is provided by the Contract Documents.

FILE TRANSFER PROTOCOL (FTP) - Communications protocol that enables transfer of files to and from another computer over a network and that serves as the basis for standard Internet protocols.

An FTP site is a portion of a network located outside of network firewalls within which internal and external users are able to access files.

FLOAT - The diƯerence between the earliest and latest allowable start or finish times for an activity.

FRAGNET - A “fragmentary network” that consists of an activity or collection of activities that represent work added to the Contract, unforeseen conditions, or other changes. A fragment representing these elements of work may be inserted into the Project Schedule to estimate a delay, if any, in a Time Impact Analysis.

FREE FLOAT - The amount of time that a scheduled activity can be delayed without delaying the early start date of any immediately following scheduled activity.

GUARANTEED MAXIMUM PRICE - The amount agreed upon by OIAA and CMAR as the maximum cost to OIAA for the Work and the CMAR’s Fee for the Construction of the Project.

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A guaranteed maximum price (also known as not-to-exceed price or NTE) contract is a cost-type open-book contract where Contractor is paid a negotiated price for the entirety of the project that is specified in the Contract Documents.

INSPECTION - The OIAA Quality Assurance Manager or designee.

OIAA – Ontario International Airport Authority.

LETTER OF FINAL ACCEPTANCE - Letter generated and signed by OIAA informing the contractor that

1) the final inspection has been made and the work accepted as complete 2) the Notice of Completion and Acceptance of Public works Project is being recorded, and 3) Retention monies will be released 35 days from the date of the letter if there are no outstanding claims.

LIQUIDATED DAMAGES - The fixed amount in this Contract which Contractor shall pay as compensation to OIAA for losses when Contractor does not meet a prescribed Contract schedule milestone.

LONGEST PATH - A series of logically linked, and continuous activities that start at the data date and continue to the project completion milestone. The longest path is “the longest continuous path” from start to finish.

MAXIMUM CONTRACT AMOUNT - The maximum amount that OIAA is obligated to pay to the contractor under the terms of the contract.

MILESTONE - An event Activity that has zero duration and is typically used to represent the beginning or end of a certain stage of the project. A Milestone has a zero (0) day duration but will otherwise function in the network as if it is an Activity.

MINOR CHANGE IN THE WORK - A written change in the Work ordered by OIAA that does not change Contract Price or Contract Time, and that is consistent with the general scope of the Agreement

MORATORIUM – The times when OIAA establishes restrictions on construction activities

MUNICIPAL CODE - The Municipal Code of the City of Ontario, which includes the Building Code, the Electrical Code, the Mechanical Code, the Plumbing Code, and all other ordinances of the City, that are in eƯect at the time of Bid.

NOTICE OF COMPLETION AND ACCEPTANCE OF PUBLIC WORKS PROJECT - Upon Final Acceptance of the Work, a Notice of Completion and Acceptance of Public Works Project is signed by OIAA and is recorded with the County Recorder’s oƯice.

NOTICE TO PROCEED - The written notice by OIAA to the Contractor notifying it to begin work on the Contract or any component thereof.

OVERHEAD (FIELD) – Field overhead or General Conditions/Project Requirements costs represent the indirect costs directly related to the construction of the project. Field overhead covers all costs associated with the management of the project and compliance with the Project’s General Conditions or Project Requirements.

OVERHEAD (HOME OFFICE and OFFSITE) – Home OƯice Overhead (HOH) and other oƯsite oƯice overhead represent the indirect costs or fixed expenses of operating a business. That is, the costs not directly related to the construction of the project, the manufacture of a product, or providing a service.

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PARTIAL ACCEPTANCE - Any portion of the work which has been completed in accordance with the contract Documents and has been accepted in writing by OIAA for its intended use and purpose.

PERIOD OF PERFORMANCE - The length of time the Contractor is allowed to complete the Work within the Contract milestones or Contract schedule, as specified by the Contract Documents.

PROJECT - Work to be performed by the Contractor as required by the Contract Documents.

PROJECT SITE - The physical location where the Project is to be constructed, including all areas designated for staging, storage, parking, and temporary oƯices as indicated in the Contract Documents.

QUALITY ASSURANCE (QA) - Those standards and procedures exercised by OIAA to ensure that the Contractor constructs the Work in accordance with the Contract Documents.

QUALITY CONTROL(QC) - Those standards, systems, processes, procedures, and activities exercised by the Contractor, subcontractors, and suppliers to ensure that the Work is constructed in accordance with the Contract Documents.

RECORD DRAWING - As- Built Construction Drawings maintained by the Contractor.

REFERENCE STANDARDS - Published specifications, standards, tests and recommended methods of the trade industry or governmental organizations apply to the Work.

SPECIFICATION - The General Conditions, Special Conditions, Project Requirements, and the Technical Specifications.

SUBCONTRACTOR – Any individual, firm, partnership, joint venture, or corporation supplying labor, materials, services, supplies, or equipment subcontracted to the Contractor and used directly in the Work in accordance with Contract Documents.

SUBSTITUTION - Any product, equipment or material proposed by the Contractor for use in the Work, which is materially diƯerent than that specified in the Contract Documents, which in the sole judgment of OIAA benefits OIAA in comparison to the product or material specified in the Contract Documents based upon function, performance, reliability, quality, life-cycle cost, and general configuration.

SURVEYOR - A surveyor with a current California land surveyor license or registered Civil Engineer authorized to practice land surveying in California.

TASK ORDER - A Task Order may be issued by OIAA to the Contractor at any time to authorize the use of funds for a defined portion of the Work. Each Task Order will identify the scope to be performed and funding source being authorized. Task Orders may also indicate the required timeframe for which the scope of work is to be performed.

TIME IMPACT ANALYSIS (TIA) - A schedule and narrative report developed specifically to demonstrate what eƯect a proposed change or delay has on the Current schedule completion date.

TOTAL FLOAT - The amount of time that an activity or chain of activities can be delayed before extending the scheduled completion date.

WORK - The Scope of Work outlined by this Contract which includes all labor, materials, equipment, services, subcontracts, permits, licenses and taxes and all other things necessary for the Contractor to perform its obligations and complete the Project in compliance with the Contract Documents.

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GC-4. ABBREVIATIONS AND ACRONYMS

ACAMS Access Control and Alarm Monitoring System ADA Americans with Disabilities Act ADAAG Americans with Disabilities Act Accessibility Guidelines AIMS Airport Information Management Systems AL Allowance ALP Airport Layout Plan ANDS Airline Name Display System AOA Air Operations Area APL Aircraft Parking Limit Line AQMD Air Quality Management District ARCC Airport Response Coordination Center ARFF Aircraft Rescue and Firefighting (Facility) ATCT Air TraƯic Control Tower BMP Best Management Practices BL (City of Ontario) City of Ontario Business License CAD Computer Assisted Design CAPPS Computer Aided Passenger Prescreening System CAPS Computer Aided Profiling System CARB California Air Resource Board CBC California Building Code CCR Contractor Change Request CI Computer Interface OIAACOW Cost of Work

CGMP

CMAR

CPCN

Component Guaranteed Maximum Price Construction Manager at Risk Contractor Potential Change Notice

CQC Contractor Quality Control CSI Construction Specification Institute CUTE Common Use Terminal Equipment DEA Drug Enforcement Agency DHS Department of Homeland Security OIAAEDS Explosive Detection System EIR Environmental Impact Report ESA Environmentally Sensitive Area EVIDS Electronic Video Information Display System FAA Federal Aviation Administration FCC Federal Communication Commission FEMA Federal Emergency Management Agency FIS Federal Inspection Services FMS Facilities Management System FOD Foreign Object Debris GC General Contractor

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GCASP General Construction Activity Storm-water Permit GIDS Gate Information Display System GMD Gate Management System

GMP

GSE

Guaranteed Maximum Price Ground Service Equipment

OIAAIT Information Technology ONT Ontario International Airport OIAAMPOE Main Point of Entry

NOI

NPDES

Notice of Intent National Pollutant Discharge Elimination Permit

NWS National Weather Service NTP Notice to Proceed OPS Operations Division OSA OƯice of the State Architect PWL Percent Within Limits QA Quality Assurance QC Quality Control RF Radio Frequency RFI Request for Information ROM Rough Order of Magnitude SCAQMD South Coast Air Quality Management District SCE Southern California Edison SCG Southern California Gas Company SIDA Security Identification Display Area SSCP Security Screening Checkpoint SWMP Storm Water Management Plan SWPPP Storm Water Pollution Prevention Plan SWRCB State Water Resources Control Board TCP TraƯic Control Plan TSA Transportation Security Administration USA Underground Service Alert USCBP United States Customs and Border Protection USDA United States Department of Agriculture USDOT United States Department of Transportation USFWS United States Fish and Wildlife Service USPHS United States Public Health Inspection Service WATCH Work Area TraƯic Control Handbook WWECP Wet Weather Erosion Control Plan

GC-5. INVALIDATION OF A CONDITION

A. In the event any covenant, condition, or provision herein contained is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition, or provision shall not in any way aƯect any other covenant, condition, or provision herein

OIAA General Conditions Page 13 of 83 Issued for Bid April 2026 contained, which shall be granted full force and eƯect and interpreted to implement the lawful intent of the Contract Documents.

B. It is the intention of the parties hereto that if any provision of this Contract is capable of two constructions, one of which would render the provision void, and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid.

GC-6. NO ALTERATION OF CONTRACT TERMS

Contractor has no authority to alter, modify, amend, or change the terms of this Contract or any agreement entered into with OIAA or any agreement for any work to be performed on or relating to this Project, except by an executed Change Order executed in compliance with the Contract and subject to the limits on Change Orders expressed in the Contract.

GC-7. CONTRACT BONDS

A. The Contractor shall file surety bonds with OIAA to be approved by the OIAA in the amount and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U.S.

Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is suƯicient to provide bonds in the amount required by the Contract. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660(a). The Contractor shall pay all bond premiums, costs, and incidentals.

B. Each bond shall incorporate, by reference, the Contract and be signed by both the Contractor and surety and the signature of the authorized agent of the surety shall be notarized.

C. The Contractor shall provide Payment and Performance bonds on forms provided by OIAA. The “Payment Bond” (Material and Labor bond) shall be for 100 percent (100%) of the Contract price, as amended from time to time, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall comply with §§8000 and 9000 of the California Civil Code.

D. The Performance Bond shall be for one hundred percent (100%) of the Contract price as amended from time to time. The Contractor shall submit all bonds within fifteen (15) days of the award of Contract.

E. Should any bond become insuƯicient, the Contractor shall renew the bond within ten (10) days after receiving notice from OIAA.

F. Should any surety at any time be unsatisfactory to the OIAA, notice will be given the Contractor to that eƯect. No further payment shall be deemed due or will be made under the Contract until a new surety shall qualify and be accepted by the OIAA.

G. Changes in the Work or extensions of time made pursuant to the Contract shall in no way release the Contractor or surety from its obligations. Notice of such changes or extensions shall be waived by the surety.

H. The Contractor shall record the Executed Payment Bond and Executed Performance Bond at the San Bernardino Hall of Records at 222 W. Hospitality Lane, San Bernardino, CA 92415.

Include with the recorded bonds the San Bernardino County Document Cover Sheet. A fillable PDF of the cover sheet can be found online at https://sbcountyarc.org/wp-content/uploads/arcforms/cover_sheet.pdf. Identify the Title of the Document as “Performance and Payment Bond.” Contractor shall provide the original recorded documents, including the

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Cover Sheet, to the Airport. Any associated filing / recording fees shall be borne by the Contractor.

GC-8. INDEPENDENT CONTRACTOR

It is the express intention of the parties that the Contractor is an independent contractor and not an employee, agent, joint venturer or partner of OIAA. Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee between the Contractor and the OIAA, or between the Contractor and any oƯicial, agent, or employee of the

OIAA.

GC-9. SUBCONTRACTS

A. The Contractor recognizes and accepts that the subcontractor and supplier selection and contracting procedures specified herein are intended to promote pricing or buyout of the Work in a fair and reasonable manner and to maintain fair and open competition. As such, all Work, except for services which are a part of the Contractor’s self-performance of the General Conditions, shall be procured based upon Competitive Bids awarded to the lowest responsive and responsible bidder. CMAR shall be required to submit a request to OIAA with justification, and receive advance approval from OIAA, for the use Competitive Sealed Proposal Selection Process (CSPSP).

B. The Contractor shall develop lists of possible bidders to solicit bids for the work package(s).

The Contractor shall conduct continuous outreach eƯorts over the Contract Term to attract broad interest among qualified firms. At a minimum, the Contractor shall advertise each work package to the public using industry standard methodologies. Each work package shall be advertised for a minimum of two (2) weeks, unless otherwise specified by OIAA. It shall be the responsibility of the Contractor to contact potential bidders to develop a suƯicient pool of bidders. The Contractor shall maintain evidence of such outreach.

C. If the Contractor is proposing to use a prequalification process, the Contractor shall provide subcontractor prequalification criteria to OIAA for review and approval. Prequalification criteria shall be consistent with those published by the California Department of Industrial Relations and Federal requirements. Prequalification criteria shall be submitted in writing to OIAA for its review prior to use. OIAA will confirm that such prequalification criteria are fair and reasonable.

OIAA may request notification of the Contractor’s prequalification selections before notification is made to any subcontractor of those selections. Use of a prequalification process does not preclude Contractor from further shortlisting during a CSPS process. However, Contractor must clearly define this option in its bid package(s).

D. The Contractor shall secure the commitment to bid on each Work Package from a minimum of three (3) firms for each trade depending on the approved packaging in the Procurement Plan, unless the Contractor elects to self-perform that work as permitted herein. The Contractor shall invite OIAA in writing five (5) days prior to all pre-bid conferences, outreach events, and bid openings, for each work package.

1. Instructions to Bidders in each work package shall be clear and precise and reviewed by OIAA before solicitation.

2. The Contractor shall ensure that subcontractors understand that all items in the Instructions to Bidders must be submitted at the time the bid is due in the manner of the detailed format requested. If there are gaps in the itemized pricing list as requested

OIAA General Conditions Page 15 of 83 Issued for Bid April 2026 but the grand total is shown as inclusive of these items, the Contractor shall have the subcontractor resubmit the itemized list, dated and initialed by the subcontractor.

3. Subcontractors shall have an EMR (Experience Modification Rate/Rating) of less than

1.0 to qualify for award. In lieu of a EMR of less than 1.0, subcontractors may have an EMR between 1.00 and 1.25. OIAA may modify this requirement on a case by case specific basis. The Contractor may select a sub with a higher EMR if they bear the full responsibility of safety issues that arise from that contractor.

4. Contractor should make reasonable eƯorts to utilize small or local businesses where possible on a package.

E. The Contractor shall respond to bid questions and issue addenda as necessary during the bid and proposal preparation periods and at the pre-bid or pre-proposal conferences and walk-throughs. When needed, the Contractor shall consult with OIAA to address the questions and addenda.

F. In the event that the Contractor obtains fewer than three bids it shall provide OIAA with a written justification of its eƯorts to obtain competition and, if it recommends that it should proceed to award the subcontract with fewer than three (3) bidders, the justification therefore. No award shall be made where there are fewer than three (3) bidders without OIAA's concurrence. The Contractor should be aware that approval of an award may be delayed when less than three (3) bids are obtained.

G. OIAA shall be given reasonable and suƯicient notice of bid openings for all subcontracts. The Contractor shall provide a written Procurement Plan that identifies the various work packages and the Contractor’s approach to procuring each. The Contractor shall submit to OIAA a written copy of the cost estimated budget for that work package two (2) days before the date the bids are due. Bid openings are to be held with OIAA present.

H. Upon receipt of bids:

I. The Contractor shall record all bids received and provide recording sheets to OIAA staƯ during the bid opening that include contractors budget/estimate for the work, the list of bidders, and any specific bid requirements that would deem a bidder non-responsive. The Contractor may utilize a system that allows for electronic submission of bids, provided that said system allows for “sealed” submission of bids.

1. The bids will be tabulated in a pre-approved format which allows for comparison of each GMP budgeted line item for review by the Contractor and OIAA. The report shall also indicate all bids received and compare the lowest responsible, responsive bids with the cost estimate for that work package. Bidders should be discouraged from including clarifications and assumptions as these items may render the bidder nonresponsive to the scope requirements.

J. The Contractor shall analyze the bid results for potential errors, the spread of bid amounts or pricing components and review the apparent low bids for responsiveness, responsibility, and compliance with the relevant work package. Scoping meetings with the subcontractors are allowed to determine if the bidders or proposers understood the scope of work; however, OIAA shall be present if such meeting takes place.

K. Responsibility is defined as a bidder that has demonstrated it understands the Scope of Work and has the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the applicable Work at ONT.

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L. All non-responsive and non-responsible bids shall be rejected, and the reasons therefore documented and provided to OIAA.

M. For work packages bid, award shall be made to the responsive and responsible bidder with the lowest bid price. If the lowest price bid is not selected, Contractor shall demonstrate the best value of the selected bid. The Contractor will notify OIAA in writing of the proposed subcontractor, prior to awarding any subcontract, for a quality assurance check.

N. The Contractor must allow time for the subcontractor approval process. Before making award to a subcontractor or material supplier, the Contractor shall obtain approval from OIAA.

O. All subcontracts will be between the Contractor and the subcontractors or suppliers.

Subcontracts shall be written to protect OIAA from impacts and claims arising from the work. A copy of every subcontract shall be furnished to OIAA at least five (5) calendar days prior to execution of the subcontract by Contractor. The Contractor shall be responsible to OIAA for the acts and omissions of its agents and employees, suppliers, subcontractors performing work under a contract with the Contractor, and of its lower tier subcontractors, agents, or employees.

P. The Contractor shall require each subcontractor of every tier to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all applicable obligations and responsibilities which the Contractor, by these Documents, assumes toward OIAA. Said Contract shall preserve and protect the rights of OIAA under the Contract Documents with respect to the Work to be performed by the subcontractors that the subcontracting thereof will not prejudice such rights. Where appropriate, the Contractor shall require each subcontractor to enter into similar Contracts with their subcontractors of every tier. The Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents and the Contractor’s Summary Schedule, to which the subcontractor shall similarly make copies of such Contract Documents available to their subcontractors of every tier. Subcontractors also shall be provided access to all RFI’s, Schedule Updates, and any other information that arises during the performance of the work. No subcontract or purchase order shall bind or purport to bind OIAA. Each subcontract or purchase order shall provide, without requiring the prior consent of the relevant subcontractor or supplier, for assignment and delegation of such subcontract or purchase order by Contractor to OIAA in the event of a Contractor Event of Default. If OIAA elects to assume by assignment any subcontract or purchase order as described in this section, then Contractor shall enter into reasonable assignment documentation requested by OIAA, which may be required to eƯect such assignment.

Q. The Contractor shall make no substitution for any subcontractor, person or entity previously selected without the prior written concurrence of OIAA.

R. Savings and losses resulting from the purchase or buyout of the Work will be tracked separately from the Contractor Contingency through the use of a Subcontracts Buyout Fund (SBF). To the extent the Contractor experiences an aggregate loss from this fund in buyout of the Work; the Contractor may fund the loss from the Contractor Contingency with concurrence from OIAA. To the extent the Contractor experiences an aggregate savings to this fund in buyout of the Work;

the Contractor, at a mutually agreeable time may transfer the savings to OIAA or, to an underfunded allowance or contractor contingency with the approval of OIAA.

S. All remaining Work budget in the Contractor’s “Cost of Work” upon completion revert to OIAA.

T. The Contractor shall comply with the Chapter 4 of Public Contract Code including Sections

4100 through 4113. A copy of the Public Contract Code may be found at https://leginfo.legislature.ca.gov.

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GC-10. CONTRACTOR'S REPRESENTATIONS, SERVICES AND RESPONSIBILITIES

A. The Contractor makes certain representations in the Contract Documents, including without limitation, the representations in this clause. Contractor is deemed to make these representations by and as a condition of submission of Contractor’s proposal. The Contractor agrees that it has single point responsibility for the preconstruction and construction of this Project. Following award and execution of the Contract, these representations are deemed republished throughout the performance of the Work of the Contract and shall also be treated as express warranties.

1. The Contractor has at the time of proposal, and will throughout performance, carefully and adequately reviewed the Contract Documents and acknowledges that these Contract Documents establish the scope, level of quality, design and construction intent and the procedures for the Contractor’s construction of the Work to a state of 100% completion. The Contractor shall have experience with building and safety codes, rules, and regulations of local authorities having jurisdiction, and shall carefully study and compare each of the Contract Documents with the others and with information furnished by OIAA, and shall promptly report in writing to OIAA any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with program performance requirements or applicable code requirements observed by the Contractor.

2. The Contractor has at the time of proposal, and will throughout the performance, carefully examine the Project Site and the adjacent areas, has adequately investigated the nature and location of the Work to be performed and has satisfied itself and will continue to satisfy itself as to the general and local conditions which will be applicable, including but not limited to:

a. Conditions related to Project Site access and to the transportation, disposal, handling, and storage of materials.

b. The availability of labor, construction materials, water, power, and access.

c. Observable physical conditions at the Project Site and existing Project Site

Conditions.

d. The surface conditions of the ground; and

e. The character and availability of the equipment and facilities which will be needed prior to and during the performance of the construction work

3. The Contractor has at the time of proposal, and will throughout performance, have the experience and capability to eƯiciently and expeditiously accomplish the Work required under this Contract in a timely and satisfactory manner and at the standard of practice of a Contractor with substantial experience in the Work of the Contract.

4. Contractor shall supervise, coordinate, and direct the Work using Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, pre-construction eƯorts, construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work.

5. The Contractor shall be responsible for inspection of all portions of the Work, including those portions already performed under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work.

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6. The Contractor shall at all times insure project community concerns as outlined in the Contract Documents are implemented and the performance is consistent with the intent of the requirements.

7. The Contractor shall at all times maintain good discipline and order among its employees and subcontractors. Contractor shall provide competent, fully qualified personnel to perform the Work.

8. The Contractor shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to Design/Builder before commencing the Work. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to OIAA.

9. The Contractor further represents and warrants it will continuously furnish the necessary, appropriate, and competent personnel to complete the Project in a timely manner as required in this Contract and that such personnel have the experience and expertise levels to adequately perform the work. Contractor’s representations and warranties stated herein, shall also apply to the Contractor’s subcontractors at every tier.

B. Contractor Superintendent

1. The Contractor shall employ a competent Superintendent satisfactory to OIAA who shall be in attendance at the Project site at all times during the performance of the Construction Work. The Superintendent shall represent the Contractor and communications given to, and received from, the Superintendent shall be binding on Contractor. Failure to maintain a Superintendent on the Project site at all times Work is in progress shall be considered a material breach of this Contract, entitling OIAA to terminate the Contract or, alternatively, issue a stop work order until the Superintendent is on the Project site. If, by virtue of issuance of said stop work order, Contractor fails to complete the Contract on time, Contractor will be assessed Liquidated Damages in accordance with the Contract.

2. The Superintendent approved for the Project must be able to read, write, and verbally communicate fluently in English. The Superintendent may not perform the Work of any trade, pick-up materials, or perform any Work not directly related to the supervision and coordination of the Construction Work at the Project site when Work is in progress. In addition, the Contractor will provide all Key Personnel shown in the Exhibits for the time periods stipulated.

3. The Contractor shall not change the Key Personnel without approval from OIAA. Any replacements proposed shall have equal or greater qualifications than the Key Personnel proposed.

C. Throughout the performance of the Work, OIAA shall be entitled to rely on the Contractor’s and Subcontractor’s representations and warranties herein, and OIAA shall not suƯer any prejudice should such reliance thereafter prove mistaken to include without limitation, any mistaken approvals of Work not meeting the requirements of the Contract Documents.

D. OIAA does not assume any obligation to employ the Contractor's services or pay Contractor royalties of any type as to future programs that may result from the Work performed under this Contract.

E. Legal Requirements

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1. Contractor shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements.

2. The Contract Price and/or Contract Time(s) shall be adjusted to compensate Contractor for the eƯects of any changes in the Legal Requirements enacted after the date of the Contract aƯecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Contract, the date the parties agree upon the Guaranteed Maximum Price. Such eƯects may include, without limitation, revisions Contractor is required to make to the Construction Documents because of changes in Legal requirements. This provision is not applicable to Force Majeure events that are excusable and not compensable.

F. Qualifications.

1. The Contractor represents it has the proper business and professional background, knowledge, experience, and expertise necessary to perform the Work. Contractor further represents that it and all Contractor’s subcontractors possess all required professional licenses in the State of California to perform the Work necessary for the Project.

2. The Contractor ensures its staƯ has been trained and is competent with Construction Industry standards, practices, and principles.

3. Contractor understands the importance of and shall endeavor to approach the Project with the requirement to maintain airport operations, passenger convenience, airport tenant, and user functionality as well as federal and other agency coordination and approval in a thoughtful, well planned and cost eƯective manner. Contractor shall plan for and assist the Authority to take appropriate actions to minimize the impacts to ONT passengers as components of the Project are implemented.

4. The Contractor shall manage its designated Project with the goal of achieving timely results, protecting the OIAA’s operational and financial interests, and balancing diverse stakeholder requirements.

G. Contractor’s Construction Services

1. Unless otherwise provided in the Contract Documents to be the responsibility of OIAA or a separate contract, Contractor shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, commissioning, material, equipment, machinery, temporary utilities, and other temporary facilities to permit Contractor to complete the Work in accordance with the Contract Documents.

2. Contractor shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents.

3. Contractor assumes responsibility to OIAA for the proper performance of the Work of Subcontractors at every tier and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between OIAA and any Subcontractor of any tier, including but not limited to any third-party beneficiary rights.

4. Contractor shall coordinate the activities of all Subcontractors. The Contractor is shall also plan, cooperate, and coordinate all construction related activities with separate contractors under OIAA’s control so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption.

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5. Contractor shall keep the Project Site free from debris, trash, and construction waste to permit Contractor to perform its construction services eƯiciently, safely and without interfering with the use of adjacent land areas.