CMAR_-_Santa_Ana_River_(E01)_Avio_Tide_Gates_Replacement.pdf

COUNTY OF ORANGE

OC PUBLIC WORKS

REQUEST FOR PROPOSAL (RFP)

FOR

CMAR - SANTA ANA RIVER (E01) AVIO TIDE GATES

REPLACEMENT

RFP NO. RFP-080-2878902-TV

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

County of Orange RFP

OC Public Works - CMAR - Santa Ana River (E01) Avio Tide Gates Replacement, RFP-080-2878902-TV

County of Orange

OC Public Works

Procurement and Contract Services

601 N. Ross St. 4th Floor

Santa Ana, CA

92701

SCHEDULE OF ACTIVITIES

Release of RFP Solicitation February 26, 2026

RSVP for Pre-Submittal Meeting and

Site Visit:

March 9, 2026, 2:00pm

Pre-Submittal Meeting and Site Visit

(Mandatory)

March 10, 2026, 10:00am

Agenda

1299 Victoria St., Costa Mesa, CA 92627

Question Submission Deadline March 17, 2026, 2:00pm

RFP Submittal Closing March 31, 2026, 2:00pm

PROPOSALS MUST BE RECEIVED ON

OR BEFORE

Tuesday, March 31, 2026

2:00 pm https://government-project.s3.amazonaws.com/222652/5c8bc7b4-b65c-4fea-a02b-9d43c994d9c4_Job_Walk_Map_Location.pdf

SECTIONS

SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

SECTION 2. PROTEST PROCEDURES

SECTION 3. SCOPE OF WORK

SECTION 4. SCORING CRITERIA

SECTION 5. OCLSB AND DVBE PREFERENCE POLICIES CERTIFICATION

REQUIREMENTS

SECTION 6. VENDOR RESPONSES

Attachments:

A - Model Contract Santa Ana River (E01) Avio Tide Gates

B - CMAR Notice of Inviting Bids

C - Orange_County_District_Attorneys_Office_Public_Works_Unit_2023

D - OCLSB Verified - October 2025 (1)

E - Job Walk Map Location

F - AvioGates Plan_35%

G - Exhibit 1_Rprt_Alts_Analysis_SAR Marsh Tide Gate

H - Exhibit 2_Rprt_As-BuiltDrawings

I - Exhibit 3 Aerial Image

J - Supplemental General Conditions

SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

1.1 INTRODUCTION

The Orange County Flood Control District relies on County of Orange staff to carry out its duties pursuant to the Orange County Flood Control District Act, Water Code App. §§ 36-1 et seq., and County of Orange staff shall be responsible for conducting this solicitation and administering any resulting contract on behalf of the Orange County Flood Control District.

Orange County Flood Control District (“County”) is soliciting responses from qualified contractors

(“Respondents”) to provide Construction Manager (“CM”) Services for CMAR - Santa Ana River

(E01) Avio Tide Gates Replacement Project ("Project"), which is located at Santa Ana River, Upstream PCH. The (“Contract”) will include 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.

The delivery method for this Project is Construction Manager at-Risk ("CMAR") and will consist of Pre-Construction Services and Construction Services. The 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 Project construction phase services and risk and liability insurance as required. The County intends that the CMARE shall provide design and possibly construction services for a negotiated GMP(s), as proposed in accordance with contract requirements set forth in solicitation Sections below titled: Model Contract-Design Phase Services and Model Contract-Construction Phase Services.

1.2 COUNTY HOLIDAYS DURING SOLICITATION PERIOD

During this solicitation period, OC Public Works will be closed on the following County holidays:

https://hrs.oc.gov/employee-relations/employee-resources

1.3 INSTRUCTIONS TO RESPONDENTS AND PROCEDURES FOR SUBMITTAL

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

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

https://hrs.oc.gov/employee-relations/employee-resources https://procurement.opengov.com/portal/ocgov https://procurement.opengov.com/portal/ocgov mailto:procurement-support@opengov.com https://help.procurement.opengov.com/en/

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

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

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

If clarification or interpretation of this solicitation is considered necessary by County, an addendum shall be issued, and the information will be posted via the County’s eProcurement Portal. Any interpretation of, or correction to, this solicitation shall be issued by the DPA. It is the responsibility of each Respondent to periodically check the County’s eProcurement Portal to ensure that they have received and reviewed any and all addenda to this solicitation.

The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information. If an addendum is issued, Respondents must acknowledge the addendum via the County’s eProcurement Portal.

All questions or requests for interpretations must be received within this solicitation by Tuesday, March 17, 2026, before 2:00 pm. The DPA will provide all official communication concerning this solicitation. Any County response relevant to this solicitation other than through or approved by the DPA is unauthorized and will be considered invalid.

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

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

Portal.

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

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

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

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

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

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

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

Response that could result in a conflict of interest if Respondent were to be selected. This obligation shall apply to the Respondent, the Respondent’s employees, agents, and relatives, sub-contractors, and third parties associated with accomplishing work and services in response. In the event Respondent has done work for the County on this Project in the past or has reason to believe that a conflict of interest may exist for Respondent in regard to this Project, Respondent should consult with its legal counsel prior to responding to this solicitation. Any Respondent who is found to have an actual conflict of interest may have its response rejected on that ground.

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

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

Economic Interest (Form 700).

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

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

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

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

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

Response Requirements Section, “Statement of Compliance.”

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

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

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

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

L. Where two or more Respondents desire to submit a single response to this solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm that may subcontract with multiple firms (team) but not with multiple firms doing business as a joint venture.

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

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

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

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

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

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

1.4 ADDITIONAL CMAR INSTRUCTIONS TO RESPONDENT’S AND

PROCEDURES FOR SUBMITTAL

Respondent shall submit Cost Proposal which includes the total proposed GMP for design phase services, construction services profit margin, construction labor & overhead, and hourly rate schedule. This will be used for negotiations.

1.5 MANDATORY PRE-SUBMITTAL MEETING AND SITE VISIT

Attendance of Pre-Submittal Meeting and Site Visit is required and will be held on Tuesday, March

10, 2026 at 10:00 am local time, no one will be admitted 10 minutes after meeting has started. The meeting will be located at 1299 Victoria St., Costa Mesa, CA 92627. At this meeting, County staff will discuss the scope of work, general contract issues and respond to questions from the attendees.

The Pre-Submittal Meeting and Site Visit will be conducted one time only. Attendance and sign-in at the pre-submittal meeting is required. Contractor must stay until the meeting has ended.

Failure of any Respondent to attend this Mandatory Pre-Submittal Meeting and Site Visit shall constitute a substantial variation from the requirements of the Contract Documents and the response of any Respondent not in attendance will be rejected as nonresponsive. All questions will need to be submitted in writing through the County’s online eProcurement system at https://procurement.opengov.com/portal/ocgov. The Respondent will have until Tuesday, March 17, 2026 before 2:00 pm to submit questions.

• Please confirm your attendance by replying via the RSVP feature in the County's eProcurement Portal.

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

• Respondents are encouraged to arrive early to ensure a parking space https://procurement.opengov.com/portal/ocgov https://procurement.opengov.com/portal/ocgov

1.6 PREQUALIFICATION PROTEST HEARING PROCEDURE

A. Where the prospective bidder has made a timely and complete submittal of prequalification documents that result in a determination that the contractor is not qualified, the prospective bidder can contest the department’s decision via administrative hearing.

B. To petition for a hearing, the prospective bidder must deliver written notice of its desire to contest the department’s decision to County of Orange within seven (7) calendar days of the date of County’s notice of determination. Failure to file a timely notice shall result in the prospective bidder’s waiver of any and all rights to challenge the prequalification determination, whether by administrative process, judicial process, or any other legal process or proceeding.

C. The prospective bidder may request the County to advise it in writing of the basis for the prequalification determination and any supporting evidence that was received from others or adduced as a result of an investigation by the County.

D. A Hearing Panel shall be established and consist of three panelists from various County of

Orange infrastructure departments, with a maximum of one (1) panelist from the procuring department.

E. The Hearing Panel shall render its decision based on all potentially relevant evidence submitted by either the County or the prospective bidder, including but not limited to, the administrative record and testimonial evidence. The prospective bidder may submit on the record, or provide other evidence, including testimony given under oath, to rebut the department’s determination of non-qualification. Such a hearing is conducted in an informal manner, and all relevant evidence is admissible. The department rendering the initial determination may rebut any evidence proffered by the prospective bidder in writing or through its own testimony. Finally, the Hearing Panel may ask questions of either the prospective bidder or department before making its decision.

F. If the prospective bidder requests to provide testimony, the hearing shall be conducted within five (5) business days after the County’s receipt on notice of appeal and no later than 20 business days prior to the last date of receipt of bids on the project. Within three

(3) business days after the conclusion of the hearing, the Hearing Panel will render its decision in writing.

G. The decision of the Hearing Panel shall be the County’s final administrative decision and any judicial review thereof shall be instituted no later than the time period specified in

Section 1094.6 of the Code of Civil Procedure.

1.7 MINIMUM QUALIFICATIONS/REQUIREMENTS

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

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

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

C. Provide all required information, complete all required Exhibits, and meet all requirements.

D. Have a minimum of five (5) years of direct experience with General Contracting (as a Prime).

Experience may be from Construction Manager at-Risk (CMAR), Design-Build (DB), or Design-

Bid-Build

E. Firm to have completed similar size project for at least three (3) public agencies.

F. Design Engineer shall be a Licensed Professional Civil Engineer in the State of

California and must possess a minimum of ten (10) years of experience.

G. Possess a valid Class A License at time of response submission.

1.8 EVALUATION PROCESS

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

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

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

1.9 ADDITIONAL CMAR EVALUATION PROCESS AND CRITERIA

The County may request clarifications or otherwise verify the contents of the Proposal, including information about the Respondent, consultants, and sub-consultants.

https://cpo.oc.gov/cpm

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 herein.

The CMARE will be selected through a qualifications and cost-based selection process based on the criteria in the Evaluation section. The CMAR Design Services Contract shall be entered into with the responsible Respondent whose Proposal is determined by the County to be the best value based on the evaluation factors included in this solicitation.

Evaluation Process and Criteria will establish a shortlist of the highest-ranked finalists. The shortlisted finalists may, at the County’s discretion, be invited to participate in detailed interviews.

An invitation letter to each finalist will provide the scheduled date/time and evaluation criteria to be used during the interview presentation.

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

1.10 SELECTION/AWARD PROCEDURES

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

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

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

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

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

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

The County will enter into negotiations with the selected Respondent and award a contract upon completion of negotiation of fees and contract terms. The award shall be subject to approval(s) by the County Board of Supervisors.

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

Respondent.

1.11 RIGHTS RESERVED TO COUNTY

The County reserves the right to:

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

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

C. Seek publicly available information about the Respondents.

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

Respondent(s) and additional Respondents.

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

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

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

Contract.

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

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

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

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

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

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

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

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

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

1.12 CONTRACTOR SAFETY

Contractor shall comply with the County’s Safety and Loss Prevention Policy and Procedure#306

(“Contractor Safety Responsibilities”) and submit a copy of their Injury and Illness Prevention

Program (IIPP) and Contractor Safety-Activity Checklist to the County’s Project Manager prior to the start of any work performed under the Contract. Contractor will notify County Project Manager of any revisions to the Safety-Activity Checklist and will provide a new Safety-Activity Checklist upon County request. The IIPP shall comply with California Code of Regulations, Title 8, Section

1509 or 3203(whichever applies). Contractor shall submit other safety programs that pertain to the type of job that will be performed on site. County reserves the right to conduct inspections and audits as necessary for the purpose of evaluating any aspect of safety performance under this

Contract.

1.13 TITLE VI SOLICITATION NOTICE

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

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

1.14 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE FORM

W-9/W-8 REQUIREMENTS

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

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

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

W-8.

1.15 CAMPAIGN CONTRIBUTIONS DISCLOSURE REQUIREMENT

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

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

SECTION 2. PROTEST PROCEDURES

Any actual or prospective bidder or respondent who alleges an error or impropriety in the solicitation or award of a contract may submit a grievance or protest to Thanh Vu at thanh.vu@ocpw.ocgov.com, as set forth herein.

PROTEST PROCEDURES

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

A. The name, address, and telephone number of the protestor;

B. The signature of the protestor or the protestor’s representative;

C. The solicitation or contract number;

D. A detailed statement of the legal and/or factual grounds for the protest; and, E. The form of relief requested.

Protest of Solicitation Specifications:

A. All protests related to solicitation specifications must be submitted to the Deputy

Procurement Agent (DPA), Thanh Vu at thanh.vu@ocpw.ocgov.com, no later than five (5) business days prior to the Closing Date of the solicitation. Protests received after the five (5) business-day deadline will not be considered by the County.

B. In the event the protest of specifications is denied, and the protestor wishes to continue in the solicitation process, the protestor must still submit a bid/response prior to the close of the solicitation in accordance with the solicitation submittal procedures provided in this solicitation.

Protest of Award of Contract:

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

Agent, Thanh Vu at thanh.vu@ocpw.ocgov.com, no later than five (5) business days after the Notice of Intent to Award is provided by the DPA.

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

C. If the five (5) business day period expires without the receipt of a protest, the department may move forward with the contract award or if necessary, file the item for approval by the Board of Supervisors.

Protest Process

A. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA issues a decision on the protest.

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

C. The County may, after providing written justification, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the

County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

D. If the protestor disagrees with the decision of the DPA, the protestor may submit a written appeal to the County Procurement Officer requesting an appeal to the

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

APPEALS PROCESS

A. If the protestor wishes to appeal the protest decision of the Deputy Procurement Agent, the protestor must submit, within three (3) business days from receipt of the Deputy

Procurement Agent’s decision, a written appeal to the Office of the County Procurement

Officer.

Written appeals must be sent by mail to the address below with a courtesy copy by email;

County of Orange/County Executive Office

County Procurement Office

400 W. Civic Center Drive, 5th Floor

Santa Ana, CA 92701

Attn: County Procurement Officer

CPOAppeals@ceo.oc.gov

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

C. The decision of the County Procurement Officer on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

SECTION 3. SCOPE OF WORK

3.1 PROJECT LOCATION:

Santa Ana River Marsh Tide Gates, located along the easterly bank of the Santa Ana River in Huntington

Beach, CA. The south gate is approximately 0.5 mile upstream of the river mouth; the north gate is roughly 1 mile further upstream. The site is accessed via County-maintained levee roads and paved bike/pedestrian paths.

3.2 PROJECT BACKGROUND:

The two existing "Avio-style" mechanical level control tide gates regulate tidal exchange to maintain marsh water levels and provide flood control protection. Inspections have found corrosion, failing coatings, and damaged trash racks. Replacement of the tide gates are needed to maintain safe, reliable operation and extend service life. The project is currently in the preliminary design phase.

mailto:CPOAppeals@ocgov.com

3.3 PROJECT DESCRIPTION:

The project is currently in the preliminary design phase, and no design plans have been developed at this time. The preliminary scope includes in-kind replacement of the existing gates with stainless steel tide gates.

Additional work may involve repair or replacement of culverts, trash racks, fencing, site structures, gate components, and potential dredging within the marsh and/or Santa Ana River to remove sediment. Construction is expected to require temporary water diversion, dewatering, and environmental protection measures to maintain flood control and meet regulatory requirements.

The CMARE is expected to provide input during design development as the scope and construction approach are further refined.

3.4 SCHEDULE CONSIDERATION:

Scheduling will need to consider potential constraints, many of which are still being identified during this preliminary design phase. This may include avoiding storm season (typically November–

April), sequencing around rain events, high tides, and accommodating environmental work windows such as bird nesting season (March–August). Adequate time should also be allocated for long-lead items like custom gate fabrication. Construction phasing is expected to maintain operability of at least one gate at all times. The CMARE will support development of a preliminary schedule and phasing plan, which will be refined as additional constraints are confirmed throughout the design and permitting process.

3.5 TRAFFIC CONSIDERATION:

Construction staging will utilize existing levee roads and adjacent bike/pedestrian paths.

Temporary closures or detours may be required during heavy equipment operations, material deliveries, or other construction activities. The CMARE will identify access constraints and recommend suitable site access routes, staging areas, and traffic control measures. If necessary, the CMARE will prepare traffic control plans for potential closures of trails, levee roads, or nearby roadways, in coordination with the County and applicable agencies.

3.6 STATUS OF REGULATORY PERMITS:

The project will require coordination with multiple regulatory agencies, and no permit applications have been obtained at this time. Anticipated permits and approvals may include:

· USACE Section 10 or 408 Authorization

· RWQCB Section 401 Water Quality Certification or WDR

· California Coastal Commission Coastal Development Permit or exemption

· California Department of Fish and Wildlife Streambed Alteration Agreement (if applicable)

· Coordination with the City of Newport Beach and U.S. Fish and Wildlife Service

The CMARE will assist with understanding permit conditions and planning for compliance throughout the project.

3.7 COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

(CEQA)

The County of Orange is the lead agency under CEQA. The project is anticipated to qualify for either a Categorical Exemption or a Mitigated Negative Declaration, as it involves the in-kind replacement of existing infrastructure with no expansion of use. The CMARE may assist in identifying construction methods, sequencing, or other strategies that support CEQA compliance and help minimize environmental impacts.

3.8 WATER QUALITY:

Construction will occur within and adjacent to the Santa Ana River and marsh environment. A

Storm Water Pollution Prevention Plan or Erosion Sediment Chemical Control Plan will be implemented to protect water quality. Key concerns include sediment control, debris containment, dewatering discharge, and spill prevention. The CMARE may also be responsible for preparing a detailed water diversion and dewatering plan and will provide input on feasible and effective methods to achieve compliance with water quality requirements and permit conditions.

3.9 STATUS OF UTILITY INVESTIGATION:

Utility investigations are being conducted within the project area. Additional research and coordination will be performed during the pre-construction phase. The CMARE will assist in confirming utility locations, identifying potential conflicts, and recommending appropriate avoidance or protection measures as needed

3.10 STATUS OF RIGHT-OF-WAY:

The Avio tide gates are located within County-owned and maintained right-of-way, while the adjacent marsh is owned and managed by the U.S. Army Corps of Engineers. No additional right-of-way acquisitions are anticipated; construction activities may impact adjacent Corps property. As such, access coordination, staging areas, and temporary use of surrounding lands will require careful planning and coordination during the pre-construction phase. Any potential impacts to local jurisdictions (e.g., Caltrans) or private property will also require early coordination to minimize conflicts and secure necessary approvals.

3.11 PERMITS:

The CMARE may support the development of permit compliance strategies, assist in preparing implementation plans to meet permit conditions, and coordinate with the project team to ensure environmental and regulatory obligations are incorporated into construction planning. If construction activities impact adjacent roadways, trails, or public access areas, the CMARE may also be responsible for obtaining local encroachment permits in coordination with the County and applicable agencies (e.g., Caltrans, Orange County Community Resources, City of Newport Beach, City of Costa Mesa, Banning Ranch, etc.)

3.12 GEOTECHNICAL:

Geotechnical recommendations are currently being developed as part of the ongoing design process.

While the existing concrete culverts and foundations appear to be in generally stable condition, there is a possibility that localized structural repairs or major modifications will be required to accommodate the new gate installations. The CMARE will assist with constructability reviews related to these geotechnical recommendations and may provide input on feasible repair methods as design progresses.

3.13 PRE-CONSTRUCTION SERVICES:

The CMAR will provide collaborative support throughout the design development phase. Services may include, but are not limited to:

A. Constructability reviews to identify potential challenges and improve buildability

B. Value engineering to evaluate cost-effective alternatives and improvements

C. Cost estimating and budgeting support at key design milestones

D. Procurement planning, including identification of long-lead items (e.g., custom-fabricated gates)

E. Development of construction phasing and scheduling recommendations

F. Environmental compliance planning to support CEQA and permit conditions

G. Dewatering and water diversion strategy development

H. Traffic control and site access planning

I. Risk identification, contingency planning, and mitigation strategies

J. Preparation of project schedules, work plans, and key submittals

K. Development of a comprehensive Project Management Plan

L. Participation in coordination meetings with County staff, regulatory agencies, stakeholders, and the design team

These services will inform the development of a future GMP and help ensure smooth transition to construction.

3.14 PROPOSED PROJECT SCHEDULE OF MAJOR MILESTONES (SUBJECT TO

CHANGE)

• February 2026 – Plans, Specs & Estimate 35%

• March 2026 – o Coastal Hazards Analysis o Structural Analysis for proposed gates o H&H Analysis for Construction Sequencing/Marsh impacts

• August 2026 - Board Award CMARE – Pre-Construction Services

• August 2026 - Plans, Specs & Estimate 65%

• October 2026 – Anticipated Construction GMP Negotiations

• October 2026 - Plans, Specs & Estimate 100%

• August-October 2027 - Acquire Agency Approvals/Regulatory Permits

• Summer/Fall 2027 - Construction (Contingent on Permits/Environmental Constraints)

SECTION 4. SCORING CRITERIA

Phase 1 - Written Response Scoring: 500 points maximum

Phase 2 - Presentation/Interview Scoring: 400 points maximum

Phase 3 - Cost Proposal: 100 points maximum

4.1 PHASE 1

No. Evaluation Criteria Scoring Method Weight (Points)

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 and stability of the team, staffing capability, work load, record of meeting schedules on similar projects, and supportive client reference

As part of its response to the following, Respondent should justify how the minimum qualifications/requirements specified below have been satisfied.

The following are minimum qualifications/requirements:

A.

1. Respondent shall:

A. Have a minimum of five

(5) years of direct experience with General Contracting (as a

Prime). Experience may be from

Construction Manager at-Risk

(CMAR), Design-Build (DB), or

Design-Bid-Build

B. Provide a brief profile of the Respondent (if applicable, the prime Respondent and subcontractor(s)), including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship);

number, size and location of offices; and number of employees.

Points Based 150 (30% of Total)

C. Describe the

Respondent’s (if applicable, the prime Respondent’s and subcontractor’s(s’)) experience in performing work of a similar nature to that solicited in this

RFP.

D. Identify at least 3 comparable projects in which the

Respondent served as either

General Contractor, Job Order

Contracting (JOC), CMARE, DB

Entity (DBE) or agency

Construction Manager during pre-construction and construction phases. Include the following information for each project:

A. Project description and location;

B. Project photos.

C. Role of the

Respondent. If

CMARE, DBE, or

General Contractor, identify the percent of work self- performed.

Also specify services provided during pre-construction phase, i.e.

cost estimating, scheduling, value engineering, etc.);

D. Project’s original contracted construction cost and final construction cost (if

CMAR, include GMPs and both owner and contractor contingencies)

E. Construction dates

F. Project County

G. Reference information (two current names with telephone numbers per project)

H. Consultants utilized;

I. Key Personnel utilized.

E. List of all County projects where the Respondent provided JOC, CMARE, DBE, agency construction management, or general construction services in the last five (5) years, either completed or ongoing.

2. Proposed Work Plan/Project Approach

Respondent shall provide a brief narrative that addresses the services noted in the Scope of Work and demonstrates the Respondent’s understanding of County’s needs and requirements. The

Respondent shall:

A. Describe the approach to completing each required objective specified within the Scope of Work. In addition, provide an approach structured to ensure the following:

1. Quality performance;

2. Cost control and ability to complete the project within scope, schedule and budget;

3. Responsiveness to County staff and project requirements;

4. Coordination between Respondent and County staff; and,

5. Uninterrupted operations and security in critical facility.

B. Outline sequentially the activities that would be undertaken in completing the objectives, discuss effective phasing and specify the staff member(s) and/or subcontractor(s) proposed to perform each objective.

C. Respondent shall propose enhancement, procedural or technical innovations to the

Scope of Work that do not materially deviate from the objectives required content of the project.

D. Respondent proposals shall include any identified Value Engineering and/or

Alternate Systems Evaluation opportunities based on the Contract

Documents and their proposed work plan.

Points Based 85 (17% of Total)

E. Respondent proposals shall include specific proposed work tasks and measurable end products to accomplish the tasks outlined in Section III: Model

Contract Pre-Construction Services, Attachment A, Scope of Work.

F. Include a detailed schedule outlining tasks and durations required to complete the Project.

G. Discuss the major issues your team has identified on this project and how you intend to address those issues.

H. Describe how you intend to implement a subcontractor selection plan including your recommendations for subcontractor trades to be selected by qualifications only

vs. qualifications and Proposals; and discuss the benefit that your subcontractor selection plan provides to the project.

I. Describe your project management approach and organization during design phase and construction phase. Describe systems used for planning, scheduling, estimating and managing construction.

Briefly describe the team’s experience on quality control, dispute resolution and safety management.

J. Describe how the Respondent intends to address public relations, community/customer outreach and stakeholder involvement in conjunction with the County and County Public

Information Officer (PIO). Said work may consist of the Respondent providing stakeholder/community briefings and meeting coordination, public relations/community relations reporting to the County and stakeholders and provide ongoing updated informational materials such as project fact sheets, public notes, etc.

K. Provide information on the planned organization of Respondent’s project staff that will be used on the Project for the design phase. Include basic staffing levels.

Describe capabilities to plan, organize, cost and schedule development/management.

L. Provide approach work plan for project.

Indicate clear understanding of County’s needs and objectives.

M. Describe methods of approaching how services will be provided and tools that will be used to deliver design or pre-construction services.

N. Subcontractor Selection Plan – Please refer to Section III, Model Contract – Pre-

Construction Services, subsection 2.8

(Major Subcontractor and Major Supplier

Selections) for subcontract selection plan criteria.

3. Proposed Staffing and Project Organization

This section of the proposal should establish the qualifications of the proposed project staff.

Respondent shall provide a complete staffing plan and include the following;

I. Identify key staff members proposed to perform Services and include major areas of subcontractor work. Key staff members shall be identified, at a minimum, for the

Project

Management which shall have a minimum of ten

(10) years of experience in similar or comparable projects.

II. Identify subcontractors (if any) that will be assigned to perform services listed in the

Scope of Work, by Company name, address, contact person, telephone number and project function, Points Based 85 (17% of Total) ect. Please refer to Attachment B of the Model

Contract.

III. For each key person identified, list their length of time with the

Respondent and at least two, but no more than eight, comparable projects in which they have played a primary role. If a project selected for a key person is the same as one selected for the

Respondent, provide just the project name and the role of the key person. For other projects provide the following:

I. Description of the project;

II. Role of the key person;

III. Project’s original construction cost and final construction cost;

IV. Construction dates;

V. Project

Owner;

VI. Reference information

(two current names with telephone numbers per project); and, VII. List any proposed consultants, including key staff names and the experience and qualifications of these individuals.

IV. Furnish resumes for all proposed key staff members, including key subcontractor staff. The resumes shall describe the specific experience of each staff member as it relates to some or all of the knowledge and experience requirements needed for the services as described within the Scope of

Work;

V. Include a project organization chart which clearly delineates communication and reporting relationships among the key staff members and among subcontractor staff; and

Respondent.

VI. Include

Attachment B, Staffing plan from Section III, Model Contract

Pre-…