CMAR_RFP-080-2548602-TR.pdf

PROCUREMENT SERVICES

REQUEST FOR PROPOSALS

(RFP)

CONSTRUCTION MANAGER AT-RISK (CMAR)

FOR

ADULT RE-ENTRY CENTER (ARC) PROJECT

RFP 080-2548602-TR

County of Orange, OC Public Works RFP 080-2548602-TR

Construction Manager at Risk (CMAR) – Adult Re-Entry Center (ARC)

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October 7, 2021

COVER PAGE

DATE: January 16, 2024

REQUEST FOR PROPOSALS (“RFP”)

County of Orange (“County”) is soliciting proposals from qualified contractors (“Respondents”) to provide

Construction Manager (“CM”) Services for Adult Re-Entry Center (“ARC”) Project (“Project”) located at 3030

N. Hesperian Way, Santa Ana, CA 92706. The awarded proposal (“Contract”) will provide a negotiated

Guaranteed Maximum Price (“GMP”) for Pre-Construction Services between the County and the selected

Respondent (“CMAR Entity” or “CMARE”). The County may, at its sole discretion, exercise its option to negotiate a GMP for the construction of the Project with the CMARE and will return to the Board of Supervisors for authorization to execute a construction services contract.

SECTION I Introduction and Instructions to Respondents

SECTION II Response Requirements

SECTION III Model Contract Pre-Construction Services

SECTION IV Model Contract Construction Services

The following tentative schedule has been prepared for this Project. Respondents interested in this Project must be available on the dates as specified below:

Schedule of Activities Time Date

RSVP for Pre-Submittal Meeting and Site Visit 5:00 pm January 29, 2024 Non-Mandatory Pre-Submittal Meeting and Site Visit 10:00 am January 30, 2024

Question & Answer Period Ends 2:00 pm February 6, 2024 Proposals due 2:00 pm February 13, 2024

Interviews 10:00 am March 5, 2024

**This is a proposed schedule that is subject to change. Any changes to the schedule for the RFP process will be issued to all Respondents via addenda on OpenGov**

* If the Respondent is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President;

and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation.

RETURN THIS SHEET WITH YOUR RESPONSE

I HAVE READ, UNDERSTOOD AND AGREE TO ALL STATEMENTS IN THIS REQUEST FOR PROPOSALS, AND TO THE TERMS, CONDITIONS AND ATTACHMENTS REFERENCED HEREIN.

Date:_______________________ Company Legal Name:_______________________________

*Authorized Signature Name Title

*Authorized Signature Name Title

INSTRUCTIONS:

1. SUBMIT PROPOSAL IN MS WORD

FORMAT OR TEXT SEARCHABLE PDF

THROUGH COUNTY’S ONLINE

BIDDING SYSTEM.

2. ALL PROPOSALS AND FEE PROPOSALS

ARE TO BE IDENTIFIED WITH RFP#.

3. FOR FURTHER INFORMATION,

CONTACT OC PUBLIC

WORKS/PROCUREMENT AT

Antonio.Rocha@ocpw.ocgov.com

PROPOSALS MUST BE

RECEIVED BEFORE

2:00 pm PST

ON

February 13, 2024

PROPOSAL NUMBER:

RFP 080-2548602-TR

ORANGE COUNTY

OC Public Works

Procurement Services

601 N. Ross Street

Santa Ana, CA 92701 https://opengov.com/products/procurement/suppliers/

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October 7, 2021

TABLE OF CONTENTS

Page No.

COVER PAGE

TABLE OF CONTENTS

SECTION I: INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

A. Introduction

B. Background

C. General CMARE Scope of Services

D. Non-Mandatory Pre-Submittal Meeting and Site Visit

E. Selection Process/Proposed Time Schedule

F. Instructions to Respondents and Procedures for Submittal

G. Evaluation Process and Criteria

H. Selection/Award Procedures

I. W-9 Requirements

J. Campaign Contribution Disclosure Requirements

SECTION II: RESPONSE REQUIREMENTS

Part 1

a. Cover Letter/Executive Summary

b. Validity of Proposal

c. Certification of Understanding

d. Essential Requirements for Qualifications Statement

e. Certificate of Insurance

f. W-9 Requirements

g. Conflict of Interest

h. Statement of Compliance

i. Compliance with Public Contract Code Section 20146(c)

j. Non-Collusion Declaration Form

k. Iran Contracting Act Certification Form

l. Campaign Contribution Disclosure Form

Part 2

Company Profile & References

Part 3

Respondent’s Proposal

SECTION III: MODEL CONTRACT – PRE-CONSTRUCTION SERVICES

SECTION IV: MODEL CONTRACT - CONSTRUCTION PHASE SERVICES

EXHIBITS:

EXHIBIT 1 - CONTRACTOR SAFETY RESPONSIBILITY FORM

EXHIBIT 2 - CONTRACTOR SAFETY ACTIVITY CHECKLIST

SECTION I

INTRODUCTION

AND

INSTRUCTIONS TO RESPONDENTS

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SECTION I: INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

A. INTRODUCTION

Orange County is seeking proposals from General Contractors to provide Construction Manager services with a negotiated Guaranteed Maximum Price for the pre-construction services and a

Guaranteed Maximum Price for the contractor phase for the Adult Re-Entry Center (ARC) which is located at 3030 N. Hesperian Way, Santa Ana, CA 92706. The County has developed the construction documents to 100% schematic design. The budget estimate is approximately $20,000,000 which includes a $1,000,000 owners' contingency for this Project.

The delivery method for this Project is Construction Manager At-Risk (CMAR) and will consist of

Pre-Construction services and Construction services. The Construction Manager At-Risk Entity

(CMARE) will collaborate with the County’s in-house Project Manager and external engineering firm on the design, constructability, cost, project approach and schedule of the Project throughout the life of the Project.

The County intends to award a Contract using best value method to a Respondent that possesses or obtains sufficient bonding for the Construction Services and risk and liability insurance as required. The County intends that the CMARE shall provide Pre-Construction and Construction services for a negotiated

GMP(s), as proposed in accordance with Contract requirements set forth in RFP Sections III and IV. The

County may, at its sole discretion, exercise its option to negotiate a GMP for the construction of the

Project with the CMARE and shall execute the construction services contract on a later date.

B. Background

This site, formerly the Youth Guidance Center, is being re-designed as the Adult Re-Entry Center (ARC).

This project shall offer a temporary home for individuals transitioning out of jail and back into the community. The ARC shall offer assistance including job placement, counseling, and other services as deemed necessary to help patrons become productive members of society.

C. GENERAL CMARE SCOPE OF SERVICES

The CMARE becomes a collaborative member of the County’s project team members. The CMARE will support the County’s project team members during the design/pre-construction phase and has been awarded the construction phase for this CMAR Contract. Following completion of the project constructability review, prior to construction, the CMARE will assume the risk of delivering the project through a GMP

Contract. The CMARE will be responsible for construction means and methods, budgeting, cost estimating, scheduling, constructability review and value engineering studies and may be required to solicit Proposals from subcontractors to perform the work (see Section II, “Scope of Work”).

The classification of the CMARE’s license required in the performance of this Contract is Class-B

License.

A. Design/pre-construction phase services by the CMARE may include, but not be limited to, the following:

1. Participation in design review process during the creation of the Design Development Phase documents. Provide design to comply with the project engineer’s prescribed specifications and select subcontractor that is experienced and qualified for performing the work.

2. Detailed cost estimating and knowledge of marketplace conditions.

3. Project planning and scheduling.

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4. Provide for construction phasing and scheduling that will minimize interruption to operations.

5. Alternate systems evaluation and constructability studies.

6. Advise County on ways to gain efficiencies in project delivery.

7. Advise and initiate procurement of long-lead items.

8. Assist in the permitting processes.

9. Select subcontractors/suppliers for this project (see “Scope of Work” in Section II).

10. Protect the County’s sensitivity to quality, safety, and environmental factors.

11. Advise County on choosing green building materials.

12. Provide CEQA and permitting data such as detailed description of contract work, hours of operation and identification of staging areas (if applicable).

13. Constructability review of project design plans.

B. Construction Phase services by the CMARE may include, but not be limited to, the following:

1. Coordinate with various County of Orange departments, Orange County Fire Authority, other agencies, utility companies, etc.

2. Comply with project CEQA document’s requirements of mitigation and monitoring of the site construction.

3. Arrange for procurement of materials and equipment.

4. Schedule and manage site operations.

5. Comply with County building & grading permits requirements for regular and special inspections.

6. Provide quality controls.

7. Provide commissioning phase services.

8. Bond and insure the construction.

9. Address all federal, state and local permitting and reporting requirements.

10. Maintain a safe work site for all project participants.

D. MANDATORY PRE-SUBMITTAL MEETING AND SITE VISIT

a. Attendance of Pre-Submittal Meeting and Site Visit will be held on January 30, 2024 at 10:00 a.m.

local time, no one will be admitted after 10:10 a.m. The meeting will be located at 3030 N. Hesperian

Way, Santa Ana, CA 92706. At this meeting, County staff will discuss the scope of work, general contract issues and respond to questions from the attendees. The Pre-submittal meeting will be conducted one time only. Attendance and sign-in at the pre-submittal meeting is required. Contractor must stay until the meeting has ended. The Respondent will have 7 days after the pre-submittal meeting to submit additional questions. All questions will need to be submitted in writing through

OpenGov or to the County Procurement Department contact.

a. Please confirm your attendance by 5:00 p.m., January 29, 2024 by sending an email to

Antonio.Rocha@ocpw.ocgov.com.

b. Respondents are responsible for securing parking and payment of parking fees (if applicable).

c. Respondents are encouraged to arrive early to ensure a parking space.

E. SELECTION PROCESS/PROPOSED TIME SCHEDULE

The CMARE will be selected through a qualification-based selection process. Interested Respondents will submit a proposal package as a response to the Request for Proposal (“RFP”). An evaluation panel will evaluate each proposal submitted according to the criteria set forth in Paragraph F, Evaluation

Process and Criteria below, and establish a shortlist of the highest ranked Respondents. The shortlisted finalists may, at the County’s discretion, be invited to participate in detailed interviews. An interview mailto:Antonio.Rocha@ocpw.ocgov.com

2548602 7 of 128 invitation letter to each shortlisted Respondent will provide the scheduled date/time and questions to be answered and scored during the interview presentation.

Respondents will be notified directly by the County of their interview status.

The County will begin negotiations with the highest ranked Respondent and award a Contract upon completion of all cost negotiations and contract terms. County will execute a final Contract once approved by the County Board of Supervisors (“Board”).

F. INSTRUCTIONS TO RESPONDENT’S AND PROCEDURES FOR SUBMITTAL

1. Clearly identified Proposals are due by date and time specified on the Cover Page. Proposals are to be uploaded via the County’s online bidding system.

Note: This is a fully electronic RFP. Respondents must submit their proposals online via

OpenGov website at County’s online bidding system. Only electronic proposals will be accepted.

Facsimile and e-mail proposals will NOT be allowed.

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

The County has attempted to provide all information available. It is the responsibility of each

Respondent to review, evaluate, and, where necessary, request any clarification prior to submission of a Proposal. If any person contemplating submitting a response to this Request for

Proposals is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they may submit a written request for clarification/interpretation to the County Deputy Purchasing Agent (DPA) via the

OpenGov website at: County’s online bidding system under the bid page for this solicitation.

If clarification or interpretation of this solicitation is considered necessary by County, a written addendum shall be issued and the information will be posted on the OpenGov website at:

County’s online bidding system. Any interpretation of, or correction to, this solicitation shall be issued by the County DPA via an addendum. It is the responsibility of each Respondent to periodically check the County’s online bidding system to ensure that they have received and reviewed any and all addenda to this solicitation.

The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

All questions or requests for interpretation must be received by the date and time specified on the

Cover Page.

3. Proposals must be valid for a period of at least three hundred sixty-five (365) calendar days from the Proposal due date. No Proposal may be withdrawn after the Proposal due date.

4. Each Respondent must provide a signed Proposal in text searchable PDF through the OpenGov website via the County’s online bidding system.

5. All pages must be numbered and identified sequentially by section. Proposals must be tabbed and indexed in accordance with the information requested in Section II, Response Requirements. It is imperative that all Respondents comply, exactly and completely, with the instructions set forth https://opengov.com/products/procurement/suppliers/ https://opengov.com/products/procurement/suppliers/ https://opengov.com/products/procurement/suppliers/ https://opengov.com/products/procurement/suppliers/

2548602 8 of 128 herein. All responses to this RFP shall be typewritten or word-processed (except where otherwise provided or noted), concise, straightforward, and must fully address each requirement and question. Although not as a substitute for a complete written response, additional material, such as technical documents, may be referenced in any response, if the material is included in the same section as additional information.

6. Proposals are not to be marked as confidential or proprietary. The County may refuse to consider any Proposal so marked. Proposals submitted in response to this RFP may become subject to public disclosure. The County shall not be liable in any way for disclosure of any such records.

Additionally, all Proposals shall become the property of the County. The County reserves the right to make use of any information or ideas in the Proposals submitted.

7. By submitting a Proposal, the Respondent represents that it has thoroughly examined the

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

8. Each Respondent must submit its Proposal in strict accordance with all requirements of this RFP and compliance must be stated in the Proposal. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items for the County’s consideration as specified in Section II, Part 1, h. “Statement of Compliance.

9. County reserves the right to negotiate modifications with any Respondent as necessary to serve the best interests of the County. Any Proposal may be rejected if it is conditional, incomplete or deviates from specifications in this RFP. The County reserves the right to waive, at its discretion, any procedural irregularity, immaterial defects or other improprieties which the County deems reasonably correctable or otherwise not warranting rejection of the Proposal. Any waiver will not excuse a proponent from full compliance.

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

11. Any Proposal may be construed as non-responsive and ineligible for consideration if it does not comply with the requirements of the RFP. Failure to comply with the technical features and acknowledgment of receipt of addenda are common causes for holding a Proposal non-responsive.

12. If interviews are conducted, at time of interview, Respondent shall submit Attachment C which includes the total proposed Guaranteed Maximum Price for Pre-Construction services, Construction services profit margin, construction labor & overhead, and hourly rate schedule.

This shall be submitted in a sealed envelope clearly marked on the outside with “Price Proposal” for RFP 080-2548602-TR and shall bear the Respondent’s name and be signed. This will be used for negotiations.

13. County reserves the right to: a) negotiate the final Contract with any Respondent(s); b) withdraw this RFP in whole or part at any time without prior notice (the County makes no representations that any Contract will be awarded to any Respondent responding to this RFP); c) award its total requirements to one (1) Respondent or to apportion those requirements among two (2) or more

Respondents; and/or d) reject any Proposal if it is conditional, incomplete or deviates significantly from the services requested in this RFP.

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In addition, negotiations may or may not be conducted with the CMARE; therefore, Proposals submitted shall contain the Respondent’s most favorable price proposal and terms and conditions, since the selection and award may be made without discussion with any Respondent.

14. The County reserves the right to request Best and Final Offers (BAFO’s) from the highest-ranking Respondents for the CMAR Services Contracts. The requirements, terms and conditions, and scope of work of the BAFO may vary significantly from this RFP. The decision concerning the number of Respondents requested to submit BAFO’s rests solely with County DPA.

15. Where two (2) or more Respondent’s desire to submit a single Proposal in response to this solicitation, they may do so as prime/subcontractor relationships. The County intends to contract with a single CMARE that may subcontract with multiple subcontractors (team) but not with multiple contractors doing business as a joint venture.

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

17. Each Respondent shall exercise reasonable care and diligence to avoid submitting a Proposal that could result in a conflict of interest if Respondent were to be selected as the CMARE. This obligation shall apply to the Respondent; the Respondent’s employees, agents, and relatives; sub-tier contractors; and third parties associated with accomplishing work and services in

Respondent’s Proposal. In the event Respondent has done work for the County on this Project in the past or has reason to believe that a conflict of interest may exist for Respondent in regard to this Project, Respondent should consult with its legal counsel prior to responding to this RFP.

Any Respondent who is found to have an actual conflict of interest may have its’ Proposal rejected on that ground.

18. Rights Reserved to County:

a. Waive, at its discretion, any irregularity or informality, which the County deems immaterial.

b. Accept or reject all Proposals received as a result of this solicitation at its sole discretion and to solicit for new Proposals, as the best interest of the County may require.

c. Withdraw or cancel this solicitation at any time without prior notice and furthermore makes no representation that any Contract will be awarded to any Proposer responding to this solicitation.

Beginning on the date the RFP is issued and until the date a Contract is awarded or the RFP withdrawn, all persons or entities that respond to the RFP, including their employees, agents, representatives, proposed partner(s), subcontractor(s), member(s), or any of their lobbyists or attorneys (collectively Respondents), will refrain from any direct or indirect contact with any person (other than the designated Deputy Purchasing Agent) who may play a part in the selection process, including members of the evaluation panel. As long as the RFP solicitation is not discussed, Respondents may continue to conduct business with the County and discuss business that is unrelated to the RFP solicitation with the County staff.

19. Protest: Any Respondent who alleges an error or impropriety in the solicitation or award of a contract may submit a grievance or protest to the County and the following procedures will apply:

a. Procedure:

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Prior to the filing of an Agenda Staff Report (ASR) for award of contract, the Deputy

Purchasing Agent shall send a Notice of Intent to Award a Contract to all participating vendors and submit a copy to the Clerk of the Board.

1) Contractors will have five (5) business days from the date of the notice in which to file a protest concerning the award of the Contract.

2) Protests relating to a proposed contract award which are received after the five (5) business day deadline will not be considered by the County.

3) During the five (5) business day period, RFP information, including the final evaluator score sheets with the names of individual evaluators redacted, are subject to public disclosure.

4) Upon expiration of the five (5) business day period or proper resolution of a protest/appeal, the department may move forward with the contract award or if necessary, filing the item for approval by the Board of Supervisors.

b. Protest Process

1) In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA, or the Director renders a decision on the protest.

2) Upon receipt of a timely protest, the DPA will within ten (10) business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

3) The County may, after providing written justification to be included in the procurement file, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protestor’s right to the protest procedures outlined herein.

4) If the protestor disagrees with the decision of the DPA, the protestor may submit a written appeal to the Office of the Director requesting an appeal, in accordance with the process stated below.

c. Appeal Process

1) If the protesting bidder wishes to appeal the decision of the DPA, the protesting bidder must submit, within three (3) business days from receipt of the DPA’s decision, a written appeal to the Office of the Director.

2) Within (15) business days, the Office of the Director will conduct a third-party review of all materials in connection with the grievance, assess the merits of the protest and provides a written determination that shall contain his or her decision.

3) The Decision of the Director will be final and there shall be no right to any administrative appeals of this decision.

d. Disqualification of Respondents:

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The County may disqualify any Respondent and reject the Respondent’s Proposal for any of the following reasons:

1) The submission of more than one Proposal for the same work from an individual, firm, or corporation under the same or a different name.

2) Evidence that one Respondent has a financial interest in the firm of another bidder for the same work.

3) Evidence of collusion among Respondents. The Department will not recognize a participant in such collusion as a Respondent for any future work of the Department until the Department reinstates such participant as a qualified Respondent.

4) Failure to qualify in accordance with Section E.

5) Uncompleted work on other projects that, in the judgment of the County, could hinder or prevent the prompt completion of the proposed work.

6) Failure to pay or satisfactorily settle all bills due for labor and material on other

Contracts in force at the time of advertisement for bids.

7) Default under a previous Contract.

8) Falsification on any form required by the County.

9) The submission of a Proposal that was not solicited by the County.

10) Exceptions to the Model Contracts.

G. EVALUATION PROCESS AND CRITERIA

Proposals shall be evaluated by an evaluation panel on the basis of the responsiveness to the requirements in this RFP. The County may request clarifications, or otherwise verify the contents of the Proposal, including information about the Respondent, consultants, and sub-consultants. The County reserves the right to seek publicly available information about the Respondents.

The scoring is based on evaluation of the Proposal as measured against the Scoring Criteria. Proposals will be evaluated and ranked from the most advantageous to the least advantageous to the County. The

CMAR Pre-Construction Services Contract shall be made to the responsible Respondent whose Proposal is determined by the County to be the best value based on the evaluation factors included in this RFP.

The CMARE will be selected through a qualifications and cost-based selection process based on the following criteria with 1,000 total points available:

1. Written Proposal Scoring Format: 500 points maximum

Criteria Description Maximum

Points

1 Qualification, Related Experience and Technical Expertise 100

2 Proposed Work Plan/Project Approach 100

3 Proposed Staffing and Project Organization 100

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4 Financial Condition and Safety Record 80

Proposal Organization/Completeness of

Response/Additional Information

6 Compliance with County Model Contracts* 20

Total 500

* NOTE: Respondents submitting exceptions to the County Model Contract listed in

Section III of this RFP, will receive a score of “0” for these criteria.

2. Presentation/Interview Scoring Format: 400 points maximum

County reserves the right to conduct, or to not conduct, oral interviews and/or presentations with the highest-ranked Respondent(s). The decision whether to conduct oral interviews/presentations rests solely with County and the decision of the DPA is final. Respondents shall be ready to attend interview within five (5) calendar days of notification. Any inquiry to determine the responsibility of a Respondent to this RFP may be conducted. Respondent agrees that the submission of a

Proposal is permission by Respondent for County to verify all information contained therein. If

County believes it necessary, additional information may be requested from Respondent. The

County may also send written questions and ask for written responses within five (5) business days.

Failure to comply with any such request may disqualify a Respondent from further consideration.

NOTE: If oral interviews are not conducted, the Written Proposal shall account for 90% of the scoring. The Price Proposal, described below, shall account for the remining 10% of the scoring.

3. Price Proposal: 100 points maximum

At time of interview, Respondent(s) shall submit Attachment C which includes proposed pre-construction services GMP, construction profit margin, construction general administration & overhead fee, and hourly rate schedule. The proposal with the lowest combination of the pre-construction services GMP, construction profit margin, and labor & overhead fee shall be awarded maximum points. All other proposals receive a percentage of the points available based on their cost relationship to the lowest proposal. Construction profit margin and labor & overhead fee shall be provided as a percentage of the future construction services GMP.

H. SELECTION/AWARD PROCEDURES

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

The Model Contract for Pre-Construction Services contained in Section III of this solicitation is the

Contract proposed for execution. It may be modified to incorporate negotiated items and other pertinent terms and conditions set forth in this solicitation, including special conditions and requirements and those added by addendum and necessary attachments and/or exhibits and to reflect the Respondent’s proposal and qualifications.

The Model Contract for Construction Phase Services contained in Section IV of this solicitation is the proposed contract for negotiations with the CMARE at the County’s sole discretion once the Pre-

Construction Services Contract has been executed.

Negotiations may or may not be conducted; therefore, the Proposal submitted should contain

Respondent’s mist favorable terms and conditions, since the selection and award may be made without further discussion.

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

Respondent’s inability to comply with any of the provisions thereof are to be declared in the response to the RFP in Section II, Part 1, h, “Statement of Compliance”.

I. W-9 & W8 REQUIREMENTS

DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE FORM W-9 REQUIREMENT

Effective June 3, 2006, all CMs, entering into a Contract with the County, who are not already established in the Countywide Accounting and Personnel System (CAPS) as an Auditor-Controller vendor, will be required to submit to the County a federal Form W-9, or form W-8 for foreign vendors.

The County will inform the CMARE, at the time of award, if the Form W-9 or W-8, will be required.

In order to comply with this requirement, within ten (10) days of notification of selection of award of

Contract but prior to official award of Contract, the selected CMARE agrees to furnish to the Contract administrator, the Purchasing Agent, or the agency/department Deputy Purchasing Agent the required

W-9 or W-8.

J. CAMPAIGN CONTRIBUTION DISCLOSURE COMPLIANCE

Effective January 1, 2023, all contractors entering into a contract with the County, will be required to submit the Campaign Contribution Disclosure Form for any contributions made on or after January 1, 2023. In order to comply with this requirement, Respondent agrees to furnish the required Campaign

Contribution Disclosure Information form as a required submittal with its Proposal. Failure to include the form as required will render the Proposal nonresponsive.

SECTION II

RESPONSE REQUIREMENTS

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SECTION II: RESPONSE REQUIREMENTS

Proposals must be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis. Proposals are limited to 25 single side pages. Response to Part 1 and Part 2 will not count against the 25 page limit.

All items listed in Part 3 will count against the page limit, no exceptions.

Note: Proposals that exceed the page limit noted above may be disqualified from further consideration.

Proposals must include three tabbed sections, Part 1, Part 2 and Part 3, and must be indexed in the order outlined below. List questions and your responses and/or attachments as numbered and listed within each section.

A. Responsive proposals shall include the following completed submittals:

1. Part 1 – Compliance Statements

a. Cover Letter/Executive Summary

b. Validity of Proposal

c. Certification of Understanding

d. Essential Requirements for Qualifications Statement

e. Certificate of Insurance

f. W-9 Requirements

g. Conflict of Interest

h. Statement of Compliance

i. Compliance with Public Contract Code

j. Non-Collusion Declaration Form

k. Iran Contracting Act Certification Form

l. Campaign Contribution Disclosure Form

2. Part 2 – Company Profile & References

3. Part 3 – Respondents Proposal

4. Part 4 – Safety Contractor Documents (attached to OpenGov)

a. Contractor Safety Responsibility Form

b. Contractor Safety – Activity Checklist

B. Upon recommendation of contract award, CMARE will be required to submit the following documents with ten (10) days of County notification, unless otherwise specified in the RFP:

1. Insurance Certificate(s) of Insurance including additional Insured Endorsement(s) (see Model

Contract).

2. W-9 Current signed form W-9 (Taxpayer Identification Number & Certification) which includes

CMARE’s legal business name(s).

3. Signed Contract – Selected CMARE will be required to sign a contract upon award. If CMARE is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation.

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Part 1:

(Complete this section and submit as Part 1 in the first tabbed section of Proposal.)

a. Cover Letter/Executive Summary

All proposals must be accompanied by a cover letter of introduction and executive summary of the proposal. The cover letter must be signed by person(s) with authority to bind the Respondent. If the

Respondent is a corporation, two (2) signatures are required: one (1) signature by the Chairman of the

Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant

Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation. An unsigned or improperly signed Proposal submission is grounds for rejection of the proposal and disqualification from further participation in this RFP process. All Proposals shall include in this first tabbed section, the Cover Page of this RFP and any subsequent addenda issued to this RFP with appropriate signatures as required.

b. Validity of Proposal

The County requires that all Proposals be valid for at least three hundred sixty-five (365) calendar days.

Submissions not valid for at least three hundred sixty-five (365) days will be considered non-responsive. The Respondent shall state the length of time for which the submitted proposal shall remain valid below:

Validity of Proposal (in days) Signature required

c. Certification of Understanding

The County assumes no responsibility for any understanding or representation made by any of its officers, employees or agents during or prior to the execution of any Contract resulting from this solicitation unless:

A. Such understanding or representations are expressly stated in the Contract; and

B. The Contract expressly provides that the County therefore assumes the responsibility.

Representations made but not expressly stated and for which liability is not expressly assumed by the

County in the Contract shall be deemed only for the information of the Respondent.

By signing below, Respondent certifies that such understanding has been considered in this response.

(Signature required)

d. Essential Requirements for Qualifications Statement

The Respondent shall certify that it meets all minimum qualifications and requirements set forth in this

Section II by signing below.

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e. Certificate of Insurance

The Respondent shall certify its willingness and ability to provide the required insurance coverage and certificates as set forth in Section IV, Model Contracts by signing below (see Paragraphs 6.15 & 7.3 for insurance requirements).

f. W-9 Requirements

The Respondent shall certify its willingness and ability to provide the required W-9 Requirements as indicated in Section I., 8. by signing below.

(Signature required)

g. Conflict of Interest

Respondent must certify either 1 or 2 by signing below:

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

i. Disclose any financial, business or other relationship with the County, any other entity that the

County Board of Supervisors governs, or any County Board member, officer or employee, which may have an impact, affect or influence on the outcome of the services you propose to provide. Provide a list of current clients, employees, principals or shareholders (including family members) who may have a financial interest in the outcome of services you propose to provide.

ii. Disclose any financial, business or other relationship within the last three (3) years with any firm or member of any firm who may have a financial interest in the outcome of the work.

OR

2. Respondent certifies that no relationships exist/existed as outlined in item 1 above.

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h. Statement of Compliance

Respondent must certify either 1 or 2 by signing below:

A statement of compliance with all parts of this RFP or a listing of exceptions and suggested changes must be submitted in response to this RFP.

a. This response is in strict compliance with said RFP, including, but not limited to, the terms and conditions set forth in Section III & IV- Model Contract and their Attachments, and no exceptions thereto are proposed.

OR

b. This response is in strict compliance with said RFP, including the terms and conditions set forth in

Section III & IV- Model Contract and their Attachments, except for those proposed exceptions listed in a separate attachment hereto.

A. Attachment for each proposed exception must include:

1. The RFP page number and section of the provision Respondent is taking exception to;

2. The complete provision Respondent is taking exception to;

3. The Respondent’s suggested rewording;

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

5. Any impact the proposed exception may have on cost, scheduling, or other areas.

i. Compliance with Public Contract Code Section 20146(c)

By signing below, Respondent provides an enforceable commitment that it and its subcontracts at every tier will use a skilled and trained workforce to perform all work on the Project that falls within an apprenticeable occupation in the building and constructions trades as required by Public Contract Code

20146(c). Respondent understands its proposal shall not be considered unless this commitment is given.

j. Non-Collusion Declaration Form (Page 20)

k. Iran Contracting Act Certification Form (Page 21)

l. Campaign Contribution Disclosure Form (Page 22)

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NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the __________________ [title] of ____________________ [name of Contractor], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ________________ [date], at

__________________________ [city], ___ [state].

Signature of Bidder: ____________________________

Printed Name: ____________________________

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IRAN CONTRACTING ACT

CERTIFICATION FORM

(Public Contract Code sections 2202-2208)

Prior to bidding on, submitting a proposal for, or executing a contract or contract renewal for a

County contract for goods or services of $1,000,000 or more, a Contractor must either: a) 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); or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please insert your Contractor name and Federal ID Number (if available) and complete one of the options below. Please note: 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; contract termination; and three-years of ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 - CERTIFICATION

I, the official named below, certify I am duly authorized to execute this certification on behalf of the Contractor identified below, and the Contractor identified below is not on the current list of persons engaged in investment activities in Iran created by DGS.

Contractor Name (printed)

Federal ID Number (or n/a)

By (authorized signature)

Printed name and Title of Person Signing

Date Executed

Executed in

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a Contractor engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Contractor Name (printed)

Federal ID Number (or n/a)

By (authorized signature)

Printed name and Title of Person Signing

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COUNTY OF ORANGE

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Application or Solicitation Number:

Application or Solicitation Title:

Was a campaign contribution, regardless of the dollar amount, made to any member of the Orange County Board of

Supervisors or to any County Agency Officer within the last 12 months by the applicant, or, if applicable, any of the applicant’s proposed subcontractors or the applicant’s agent or lobbyist?

Yes ____ No_____

If no, please sign and date below.

If yes, please provide the following information:

Applicant’s Name:

Contributor or Contributor Firm’s Name:

Contributor or Contributor Firm’s Address:

Is the Contributor:

o The Applicant Yes___ No ___ o Subcontractor Yes___ No ___ o The Applicant’s agent/ or lobbyist Yes___ No ___

Note: Under California law as implemented by the Fair Political Practices Commission, campaign contributions made by the Applicant and the Applicant’s agent/lobbyist who is representing the Applicant in this application or solicitation must be aggregated together to determine the total campaign contribution made by the Applicant.

Identify the Board of Supervisors Member(s) and County Agency Officer(s) to whom you, your subcontractors, and/or agent/lobbyist made campaign contributions within the last 12 months, the name of the contributor, the dates of contribution(s) and dollar amount of the contribution. Each date must include the exact month, day, and year of the contribution.

Name of Board of Supervisors Member or County Agency Officer:

Name of Contributor:

Date(s) of Contribution(s):

Amount(s):

(Please add an additional sheet(s) to identify additional Board Members or County Agency Officer to whom you, your subconsultants, and/or agent/lobbyist made campaign contributions)

By signing below, I certify that the statements made herein are true and correct. I also agree to disclose to the

County any future contributions made to Board Members or County Agency Officers by the applicant, or, if applicable, any of the applicant’s proposed subcontractors or the applicant’s agent or lobbyist after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested license, permit, or entitlement to use.

Date Signature of Applicant

Print Firm Name, if applicable Print Name of Applicant

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ORANGE COUNTY BOARD OF SUPERVISORS

AND COUNTY AGENCY OFFICERS

Board of Supervisors

Andrew Do, First District

Vicente Sarmiento, Second District

Donald P. Wagner, Third District

Doug Chaffee, Fourth District

Katrina Foley, Fifth District

County Agency Officers

Claude Parrish, Assessor

Andrew Hamilton, Auditor-Controller

Hugh Nguyen, Clerk-Recorder

Todd Spitzer, District Attorney-Public Administrator

Don Barnes, Sheriff-Coroner

Shari L. Freidenrich, Treasurer-Tax Collector

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Part 2:

Company Profile & References

(Complete this form and submit as Part 2 in the second tabbed section of Proposal.)

Company Legal Name:

Company Legal Status (corporation, partnership, sole proprietor, etc.):

Active licenses issued by the California State Contractor’s License Board:

Corporate Office Address:

Local Business Address:

(If more than one, use a separate sheet of paper)

DIR Registration Number: ______________________Website Address: __________________________

DVBE Certification No. ____________ SBA Certification No. ________________

(If not certified please put N/A)

Website Address:

Telephone Number: (___) Facsimile Number: (___)

Email Address:

Length of time the CMARE has been in business: Length of time at current location:

Is your CMARE a sole proprietorship doing business under a different name? Yes No

If yes, please indicate sole proprietor’s name and the name you are doing business under:

Is your CMARE incorporated? Yes No If yes, State of Incorporation:

Federal Taxpayer ID Number: ____________________ *D-U-N-S #: _____________________________

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

Regular business hours:

Regular holidays and hours when business is closed:

Contact person in reference to this solicitation:

Telephone Number: (___) Facsimile Number: (___)

Email Address:

Contact person for accounts payable:

Telephone Number: (___) Facsimile Number: (___)

Email Address:

Name of Project Manager:

Telephone Number: (___) Facsimile Number: (___)

Email Address:

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

Name of contact during non-business hours:

Telephone Number: (___) Facsimile Number: (___)

Email Address: Cell or Pager Number:

http://www.dnb.com/

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Company Profile & References (Continued)

References

Submit the company names, addresses, telephone numbers, contact names, contract effective dates, contract amount, and brief contract descriptions of at least five (5) clients (preferably five different clients and not from the County of Orange) for whom comparable projects with similar scope of work to this RFP have been completed or submit letters from your references which include the requested information.

These references must be responsive and verifiable.

Company Name: Telephone Number:

Contact Name(s): Email:___________________________

Address: _________________________________

Contract Effective Dates: Contract Amount:

Brief Contract Description:

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Number of projects the Prime has completed in Orange County ______________________

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Part 3:

Respondent’s Proposal

(Complete this section and submit as Part 3 in the third tabbed section of Proposal.)

1. QUALIFICATIONS, RELATED EXPERIENCE, AND TECHNICAL EXPERTISE

This section of the proposal will establish the ability of Respondent company or team to satisfactorily perform the required work by reasons of experience in performing services of a similar nature, demonstrated competence in the services to be provided, strength…