Construction_Manager-at-Risk_(CMAR)_for_Facilities_Security_Improvements_(Addendum_#5_Revision).pdf

COUNTY OF ORANGE

JOHN WAYNE AIRPORT

REQUEST FOR PROPOSAL (RFP)

FOR

CONSTRUCTION MANAGER-AT-RISK (CMAR) FOR FACILITIES

SECURITY IMPROVEMENTS

RFP NO. 280-3010603-GK

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

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

County of Orange

John Wayne Airport

Procurement and Contract Services

3160 Airway Ave

Costa Mesa, CA

92626

SCHEDULE OF ACTIVITIES

Release of RFP Solicitation June 30, 2026

Pre-Submittal Meeting and Site Visit

(Mandatory)

July 9, 2026, 10:00am

18601 Airport Way, Santa Ana, CA 92707 (the

John Wayne Statue)

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

RFP Submittal Closing July 30, 2026, 2:00pm

Proposal Evaluations August 18, 2026

Interviews with the Top Ranked

Firm(s)

August 27, 2026, 9:00am

PROPOSALS MUST BE RECEIVED ON

OR BEFORE

Thursday, July 30, 2026

2:00 pm

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

SECTIONS

SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

SECTION 2. SCOPE OF WORK

SECTION 3. FEDERAL AVIATION ADMINISTRATION (FAA) REQUIREMENTS

SECTION 4. OCLSB AND DVBE PREFERENCE POLICIES CERTIFICATION

REQUIREMENTS

SECTION 5. SCORING CRITERIA

SECTION 6. PROTEST PROCEDURES

SECTION 7. VENDOR RESPONSES

Attachments:

A - Notice of Solicitation RFP-280-3010601-GK

B - CMAR Model Contracts

C - JWA - Airfield IDF Locations New Power Required

D - 2025.12.04 - JWA Fiber Optic Cable Diagram

E - 2026.01.15 - JWA Access Control Estimate Quantities and Examples

F - 2026.01.22 - JWA Security Camera Estimate Quantities and Examples

G - OCLSB Verified List Feb. 2026

H - Orange County District Attorneys Office Public Works Unit

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

1.1 INTRODUCTION

County of Orange (“County”) is soliciting responses from qualified contractors (“Respondents”) to provide Construction Manager-at-Risk (“CMAR”) Services for the Facility Security

Improvements Project ("Project"), which is located at 18601 Airport Way, Santa Ana, CA 92707.

The awarded response (“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 delivery method for this Project is (CMAR) and will consist of Pre-Construction Services and

Construction services. The CMARE will collaborate with the County’s in-house Project Manager and County’s design consultant/engineering firm on the design, constructability, cost, Project approach and scheduling throughout the life of the Project.

The County intends to award a contract using the Best Value selection method to a Respondent that possesses or obtains sufficient bonding for the Project construction phase services and maintains risk and liability insurance as required. The County intends that the successful CMARE shall provide Pre-Construction and Construction Services for a negotiated GMP(s), as proposed in accordance with contract requirements set forth in solicitation Sections below titled: Model

Contract-Pre-Construction Services and Model Contract-Construction Phase Services. The

Contract will be a negotiated GMP for Pre-Construction Services between the County and the selected 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 shall execute the construction services contract at a later date.

1.2 COUNTY HOLIDAYS DURING SOLICITATION PERIOD

During this solicitation period, the John Wayne Airport 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.

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 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/

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

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 Friday, July 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

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK 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

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK 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 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.

http://www.dnb.com/ http://www.usfcr.com/

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

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 at the time of interviews in a sealed envelope which includes the total proposed GMP for Pre-Construction Services, Construction Services profit margin, Construction labor & overhead, and hourly rate schedule. This will be used for negotiations.

1.5 NON-MANDATORY PRE-SUBMITTAL MEETING AND SITE VISIT

Attendance of a Non-Mandatory Pre-Submittal Meeting and Site Visit will be held on Thursday, July 9, 2026 at 10:00 am local time. The meeting will be located at 18601 Airport Way, Santa Ana, CA 92707 (the John Wayne Statue). 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 will be taken. 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 Friday, July 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

1.6 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;

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

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

C. Provide all required information, complete all required Exhibits, and pass all IT security requirements.

D. Have minimum five (5) years of consecutive, recent experience developing, implementing, and commissioning Security Systems and IT Infrastructure.

E. Must have experience with similar size and types of projects at other airports in

California as described in the SOW.

F. Must have qualified personnel for confined space entry to support site investigation in existing utility vaults.

G. Must have experience with underground utility mapping and investigations

H. Must possess a valid Class A License at time of response submission.

1.7 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 subcontractors.

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 County Contract Policy Manual ("CPM"). A copy of the 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.

1.8 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.

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 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 solicitation.

https://cpo.oc.gov/cpm

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

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.

1.9 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 selection and award requires 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.

1.10 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.

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

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.

1.11 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

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK audits as necessary for the purpose of evaluating any aspect of safety performance under this

Contract.

1.12 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.

1.13 LEVINE ACT 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. SCOPE OF WORK

2.1 GENERAL INFORMATION:

The County of Orange is comprised of 22 Departments and over 18,000 employees located throughout the County. The County’s core businesses are public safety, public works, construction management, public health, environmental protection, regional planning, public assistance, social services, and aviation.

2.2 GENERAL CMARE SCOPE OF SERVICES

Preconstruction Services

A. Field investigation during preconstruction services

B. Phasing and Cutover plan shall be developed in Pre-Construction Phase

C. Constructability review and assist Engineer of Record (EOR) with Design Finalization to budget

D. GMP development at 60%, 90%, 100%, and IFC sets

Construction Services

A. Installation, testing, and commissioning in accordance with Plans and Specifications.

B. Phasing and Cutover of all work that supports uninterrupted daily Airport Operations

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

C. Field Investigation and Removal of existing/abandoned cabling inventoried during preconstruction services

D. Weekly OAC Coordination Meetings

E. Monthly Cost and Schedule Updates

F. Compliance with Certified Payroll and associated recordkeeping in monthly billings

G. Closeout and System Turnover

SECTION 3. FEDERAL AVIATION ADMINISTRATION (FAA) REQUIREMENTS

3.1 TITLE VI SOLICITATION NOTICE

Title VI Solicitation Notice: The (Title of Recipient), in accordance with the provisions of Title

VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award.

3.2 OPTIONAL PROCUREMENT AND PRE-BID DEMOGRAPHIC SURVEY

John Wayne Airport ("JWA") is requesting information on the racial and ethnic ownership of businesses seeking contractual or business opportunities with the Airport. Please provide this information in the following online form: https://forms.office.com/g/JDEyLfcptc

Only one survey response should be submitted per business for each opportunity. Your assistance in providing this voluntary and anonymous information is greatly appreciated and supports JWA’s measurement of business diversity performance.

3.3 CIVIL RIGHTS AND NONDISCRIMINATION

A. General Civil Rights Provisions: In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin, creed, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

B. Nondiscrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fforms.office.com%2Fg%2FJDEyLfcptc&data=05%7C02%7CMRodriguez%40ocair.com%7C46f32091e7654c9798c808dc1d33ccc1%7Ce4449a56cd3d40baae3225a63deaab3b%7C0%7C0%7C638417356046457763%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=g%2B23qt4vHPwOeOG4R6RQEMFJPx2XAvBKdPmMxn6wWCs%3D&reserved=0

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.

C. Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-Discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, creed, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21 including amendments thereto.

3. Solicitations for Subcontracts, including Procurements of Materials and

Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this Contract and the

Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and

Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the

Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the nondiscrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or

b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the

Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Upon request by the County, Contractor will provide a copy of each subcontract to demonstrate the above language has been inserted.

D. Title VI List of Pertinent Nondiscrimination Acts and Authorities: During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

1. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252)

(prohibits discrimination on the basis of race, color, national origin);

2. 49 CFR part 21 (Nondiscrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964) including amendments thereto;

3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of

1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

4. Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended

(prohibits discrimination on the basis of disability); and 49 CFR part 27

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

(Nondiscrimination on the Basis of Disability in Programs or Activities Receiving

Federal Financial Assistance);

5. The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);

6. Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended

(prohibits discrimination based on race, creed, color, national origin, or sex);

7. The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination

Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

8. Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq), (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;

9. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

10. Contractor is required to insert the above Title VI List of Pertinent Nondiscrimination

Acts and Authorities into every subcontract at any tier. Upon request by the County, Contractor will provide a copy of each subcontract to demonstrate that the above language has been inserted.

E. Civil Rights Training: Upon request by the County, Contractor is required to disseminate and provide training materials and other information related to Title VI Civil Rights to its staff as specified by the County.

SECTION 4. OCLSB AND DVBE PREFERENCE POLICIES CERTIFICATION

REQUIREMENTS

County of Orange Local Small Business (OCLSB) Preference and Disabled Veteran

Business Enterprise (DVBE) Preference Policies Certification Requirements

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

4.1 OCLSB:

Effective January 1, 2020, County of Orange Board of Supervisors adopted the OCLSB Preference policy. Implementation of the OCLSB Preference policy supports local businesses, the local economy and the development of the County’s tax base.

To be certified as a Local Small Business by the County of Orange, a business shall meet (1) and

(2) below:

A. Local Business Requirements:

1. Maintains their principal center of operations (i.e. headquarters) within Orange

County, and:

2. Has:

a. A business address located in the County of Orange that is not a post office box, or

b. A valid business license or certificate of occupancy issued by the County of

Orange or by an Orange County city, or other documentation acceptable to the

County of Orange.

B. Small Business Requirements:

1. Must be certified as a Small Business by the State of California Department of

General Services (DGS): and, C. Above requirements must be valid at the time of proposal submittal through the time of award of the contract. The terms and conditions of the contract shall additionally require the contractor to remain in compliance with the Local Business requirements (pursuant to subsection (a) above) through the term of the contract, including any extensions or renewals, and shall provide that contractor’s failure to comply may be construed by County as a material breach of the contract.

4.2 DVBE:

Effective January 1, 2021, County of Orange Board of Supervisors adopted the DVBE Preference policy.

The DVBE Preference policy supports local business opportunity, economy and the development of

County’s tax base, and in addition recognizes the service and sacrifice given by the men and women of our

Armed Forces.

To be certified as a Disabled Veteran Business Enterprise by the County of Orange, a business shall meet

(A) and (B) below:

A. Must be certified as a DVBE by the State of California Department of General Services (DGS);

and, B. DGS DVBE requirements must be valid at the time of bid/proposal submittal through the time of award of the contract.

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

To participate as an OCLSB and/or DVBE please read and follow the process outlined in COUNTY OF

ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN BUSINESS

ENTERPRISE (DVBE) CERTIFICATION REQUIREMENTS in the VENDOR RESPONSES.

*NOTE: DVBE PREFERENCE IS NOT APPLICABLE TO PUBLIC WORKS OR A-E

CONSTRUCTION PROJECTS.

4.3 OCLSB/DVBE CERTIFICATION REQUIREMENTS:

County Of Orange Local Small Business (OCLSB) Preference And Disabled Veteran

Business Enterprise (DVBE) Certification Requirements

A. To participate as an OCLSB and/or DVBE the following requirements must be met:

1. Must be certified with State of California the Department of General Services (DGS) as a Small Business. - https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

2. Must be certified with DGS as a DVBE. - https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

3. Maintains their principal center of operations (i.e. headquarters) within Orange

County.

4. Certification must be valid at the date/time solicitation is closed, and it shall remain in effect at the time of contract award. County reserves the right to verify and/or reject incomplete documents.

5. Complete and sign the Affirmation form attached herein. The signed Affirmation form and the OCLSB Certification are required and must be returned with the solicitation response.

B. OCLSB or DVBE Preference provides for the following:

1. Invitation for Bid – IFB

A five percent (5%) deduction in the original bid price shall be applied to all confirmed OCLSB or DVBE bidders for evaluation purposes. If the lowest bidder is a certified OCLSB or DVBE bidder, the contract will be awarded at the certified

OCLSB or DVBE’s original bid price. The maximum allowable preference deduction is $100,000.

2. Request for Proposal - RFP

a. No Cost - Any Request for Proposals that does not include cost as a scoring criteria shall instead apply the five percent (5%) or eight percent (8%) preference percentage pursuant to the eligibility requirements above to a scoring criteria in the RFP that makes up no more than twenty percent (20%) of the total RFP.

https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK

b. With Cost - An additional five percent (5%) shall be applied to the total cost of each certified OCLSB or DVBE to obtain their final score. If the final score of any OCLSB or DVBE matches the final score of a respondent who is not an

OCLSB or DVBE, preference shall be given to the certified OCLSB or DVBE. If two or more OCLSBs and/or DVBEs have the same final score, the County shall determine the contract award based on the County’s best interests.

Notwithstanding these preference procedures, the Orange County Board of

Supervisors reserves the right to award contracts in any other permissible manner in consideration of the County’s best interests.

C. Dual OCLSB and DVBE Preference provides for the following:

1. Business Certified as OCLSB and DVBE

If a State-certified OCLSB is also a State-certified DVBE, the preference given to that business shall be 8% instead of 5%.

D. Subcontractors

If bidder is submitting subcontractors to qualify for the OCLSB or DVBE preference, bidder must demonstrate through the Staffing Plan that 20% of the total bid amount is allocated to the OCLSB and/or DVBE subcontractor(s).

*NOTE: DVBE PREFERENCE IS NOT APPLICABLE TO PUBLIC WORKS OR A-E

CONSTRUCTION PROJECTS.

4.4 OCLSB PREFERENCE POLICY - CONSTRUCTION:

For solicitations awarded to the lowest responsive and responsible bidder, a preference of five percent (5%) of the lowest bid will be applied to certified bidders who request the preference pursuant to County policy.

This preference will be applied to all certified bidders who qualify, including the lowest responsive, responsible bidder. However, the awarded contract price will remain the bidder’s original bid price and not the adjusted price used for evaluation purposes.

Please note, the total preference applied under this program cannot exceed five percent (5%) of the lowest bid, with a maximum cap of $100,000.

Eligibility for Contractors Using OCLSB Subcontractors – Prime contractors that do not otherwise meet the OCLSB certification requirements may still qualify for OCLSB preferences by virtue of their use of OCLSB subcontractors. To qualify for the preferences by using certified OCLSB subcontractor(s), twenty percent (20%) of the total proposed contract amount must be allocated to

OCLSB subcontractors identified in the List of Subcontractors.

4.5 OCLSB AND DVBE SUBCONTRACTOR REQUIREMENT - CONSTRUCTION:

This project is estimated to exceed five million dollars ($5,000,000). As a result, at least 3% of the total contract value must be subcontracted to an Orange County Local Small Business (OCLSB)

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK or Disabled Veteran Business Enterprise (DVBE). Under the Public Contract Code, no DVBE preference can be applied to Public Works projects.

The Bid may be declared non-responsive if the Bidder fails to include at least 3% of the total contract value subcontracted to certified OCLSB or DVBE subcontractors.

4.6 OCLSB SUBCONTRACTOR PARTICIPATION - CONSTRUCTION

For the purpose of satisfying subcontracting participation requirements and/or being eligible for the preference, only 1st-tier OCLSB subcontractors will be recognized as participants in the

Contract according to the following criteria:

A. For credit to be allowed toward a respective participation level, all listed OCLSB firms shall have been certified by the Bid due date.

B. The Subcontractor shall perform a commercially useful function for credit to be allowed toward subcontractor participation levels. The Subcontractor shall be required by you to be responsible for the execution of a distinct element of the Work and shall carry out its responsibility by actually performing and supervising its own workforce.

C. If the Bidder is seeking the recognition of materials, supplies, or both towards achieving any mandatory subcontracting participation level, the Bidder shall indicate on the

Subcontractor List with the Bid the following:

1. If the materials or supplies are obtained from a OCLSB manufacturer, the Bidder will receive 100% of the cost of the materials or supplies toward OCLSB participation.

For the purposes of counting OCLSB participation, a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.

2. If the materials or supplies are obtained from a OCLSB supplier, the Bidder will receive 60% of the cost of the materials or supplies toward OCLSB participation. For the purposes of counting OCLSB participation a Supplier is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a supplier, the firm shall be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a supplier in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business if the person both owns and operates distribution equipment for the products. Any

John Wayne Airport - Construction Manager-at-Risk (CMAR) for Facilities Security Improvements, 280-3010603-GK supplementing of the suppliers’ own distribution equipment shall be by a long-term lease agreement and shall not be on an ad hoc or contract-by-contract basis.

3. If the materials or supplies are obtained from an OCLSB, which is neither a manufacturer nor a supplier, the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, fees or transportation charges for the delivery of materials or supplies required on a job site will be counted toward OCLSB participation, provided the fees are reasonable and not excessive as compared with fees customarily allowed for similar services. No portion of the cost of the materials and supplies themselves will be counted toward OCLSB participation.

D. If the Bidder is seeking the recognition of OCLSB Trucking towards achieving any mandatory subcontracting participation level, the Bidder shall indicate it on the List of

Subcontractors with the Bid. The following factors will be evaluated in determining the credit to be allowed toward the respective participation level:

1. The OCLSB shall be responsible for the management and supervision of the entire trucking operation for which it is getting credit on a particular Contract and there shall not be a contrived arrangement for the purpose of counting OCLSB participation.

2. The OCLSB shall itself own and operate at least 1 fully licensed, insured, and…