Design Build for Vertical Conveyance Projects Phases 2-4.pdf

COUNTY OF ORANGE

JOHN WAYNE AIRPORT

REQUEST FOR QUALIFICATION (RFQ)

FOR

DESIGN BUILD FOR VERTICAL CONVEYANCE PROJECTS PHASES 2 - 4

RFQ NO. 3132302-RB (STEP ONE OF A TWO-STEP PROCUREMENT)

County of Orange RFQ

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County of Orange

John Wayne Airport

Procurement and Contract Services

400 W Civic Center

Santa Ana, CA

92701

SCHEDULE OF ACTIVITIES

Release Project Date September 2, 2026

RFQ Pre-Submittal Conference (Non-

Mandatory)

September 10, 2026, 10:00am

A non-mandatory pre-submittal conference call will be held at 10:00am, via Microsoft Teams.

Attendance is required no later than 10:10 am.

Attendees are asked to RSVP for the conference no later than 48 hours before the conference by indicating such on the RSVP feature available within the County's OpenGov

Procurement portal page for this project. An attendance roll call will be taken by the buyer at the beginning of the meeting. All potential bidders must verify their attendance at that time. Microsoft Teams meeting link will be posted on the OpenGov solicitation.

RFQ Q&A Ends September 15, 2026, 2:00pm

SOQ's Due September 18, 2026, 2:00pm

RFP Released to Shortlisted

Respondents

October 2, 2026

STATEMENTS OF QUALIFICATIONS

MUST BE RECEIVED ON OR BEFORE

Friday, September 18, 2026

2:00 pm

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RFP Pre-Proposal Conference October 7, 2026, 10:00am

RFP Q&A Ends October 13, 2026, 2:00pm

Proposals Due October 16, 2026, 2:00pm

Interviews Conducted November 4, 2026

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SECTIONS

1. INTRODUCTION

2. DESIGN-BUILDER SELECTION PROCESS

3. MINIMUM REQUIREMENTS

4. PROJECT DESCRIPTION

5. SCOPE OF D-BE’S WORK

6. SCHEDULE OF ACTIVITIES

7. FEDERAL AVIATION ADMINISTRATION (FAA) REQUIREMENTS

8. INSTRUCTIONS FOR SUBMITTING A SOQ

9. SOQ SCORING

10. PROTEST PROCEDURES

11. COUNTY RIGHTS RESERVED

12. VENDOR RESPONSES

Attachments:

A - Notice of Solicitation RFQ-280-3132302-RB

B - Orange_County_District_Attorneys_Office_Public_Works_Unit

C - Phase 1 As-Builts

D - Phase 1 - 2023-03-03 - JWA P466 - Vertical Conveyance Systems Improvements Phase 1 -

Criteria Documents

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1. INTRODUCTION

The County of Orange is requesting Statements of Qualifications (SOQ) from interested and qualified firms (“Respondents”) to provide design and construction services for the Vertical

Conveyance Project Phases 2 - 4 (“Project”). Respondents shall be firms formally organized as design-build entities, general contractors and design firms that have associated specifically for this

Project, consortia of firms or any other interested parties. Associations may be as joint ventures or

Prime/Subcontractor relationships. Selected Respondents will be invited to participate in the next step of this solicitation process, the Request for Proposals (“RFP”). Respondents must meet the minimum requirements set forth herein.

The Contract will be funded by grants from the Federal Aviation Administration. Therefore, the requirements of Title 2 of the Code of Federal Regulations (C.F.R.), part 200 and §200.317-

200.326 of the Federal Aviation Administration (FAA) Airport Improvement Plan and 49 CFR

Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation

Programs, apply to this Contract.

NOTE: Electronic Bids cannot be viewed by County until after the solicitation deadline. If you encounter any problems with your registration, system, bid/proposal submission, or other system issues, please contact OpenGov’s support staff via the live chat option or via email at procurement-support@opengov.com.

2. DESIGN-BUILDER SELECTION PROCESS

The County of Orange ("County") will select the Design-Build Entity (D-BE) for the Project using a two-step process. The first step is this Request for Qualifications (RFQ) from which Respondents shall submit an SOQ to the County. The County will appoint an evaluation committee to review, evaluate, and score the SOQs. The County will use the scoring and references provided to select the most highly qualified Respondents to be short-listed and continue in the selection process.

Unsuccessful Respondents will be notified. The short-listed Respondents will be invited to the

Request for Proposals (RFP) through the County's online bidding system. Upon the RFP deadline for receipt of proposals, the County evaluation committee will develop a technical score based on proposals submitted including schematic designs, conduct interviews and reference checks. The

County intends to award a contract resulting from this solicitation to the responsible Respondent whose proposal represents the best value after evaluation in accordance with the requirements in the solicitation. The best value selection process will be further defined in the RFP. The County intends to award a Contract resulting from this solicitation to the responsible Respondent whose qualifications represents the best value after evaluation in accordance with the requirements in the solicitation. The selection of a Respondent for Contract award is subject to approval by the Board of Supervisors. The judgment of the County in this selection process is not subject to appeal.

Respondents shall understand and agree that the County is not obligated to include any Respondent in any future procurement process, nor is the County obligated to contract with any Respondent.

If the County does not award the design-build contract, Respondents will not be entitled to recover any monetary awards of any type whatsoever. The County reserves the right to reject all responses to this RFQ and forthcoming RFP. The Count may terminate the D-BE’s contract prior to completion and seek to complete the Project by other means or abandon the Project.

mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com

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3. MINIMUM REQUIREMENTS

The following information shall be included in your SOQ on company letterhead but will not count towards the 20-page maximum limit.

A. Identify Respondents full legal name, type of business entity, address, phone, e-mail address and website.

B. Identify the contact information of the person responsible for this RFQ (name, e-mail, phone number).

C. General Contractor: provide the address of the office that will manage this project.

D. Lead Design Firm: identify design of record information, including full legal name, type of business entity, address, phone, fax and website.

E. If the Respondent is a privately held corporation, limited liability company, partnership, or joint venture, a listing of all of the shareholders, partners, or members known at the time of SOQ submission who will perform work on the Project.

F. If the Respondent is a corporation, limited liability company, partnership, joint venture, or other legal entity, a copy of the organizational documents or agreement committing to form the organization.

G. The classification of contractor’s license required in the performance of this contract is

Class B with a subcontractor requirement to hold a Class C-11 license. Contractor’s license issued by the California State Contractor’s License Board.

H. Copies of the licenses, registration, and credentials required to design and construct the

Project, including, but not limited to, information on the revocation or suspension of any license, credential, registration, General Contractor California License, Registration for professional architects and engineers in the appropriate technical disciplines.

I. A notarized statement from an admitted surety insurer (approved by the California

Department of Insurance) and authorized to issue bonds in the State of California, which states that your current bonding capacity is at least $41,000,000.00 and the bonding company name, address and telephone number. (This information should be submitted on the Surety letterhead)

J. Provide information on any pending litigation, including court and case number, liens, or claims involving the Respondent, or any company the Respondent holds a controlling interest in, or any company that holds an interest in Respondent, or any of the principal officers of the Respondent’s firm in the past five (5) years.

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K. Provide an enforceable commitment to County that Respondent shall comply with the requirements of PCC 22164(c). Public Contract Code 22164(c)(1) will not allow

Respondent to be shortlisted unless this commitment is made.

4. PROJECT DESCRIPTION

4.1 BACKGROUND

John Wayne Airport (“JWA” or “Airport”) owned and operated by the County of Orange, is classified as a medium hub in the Federal Aviation Administration’s (“FAA”) National Plan of

Integrated Airport Systems (NPIAS). It is a primary commercial service airport that handles between 0.25% and 1.0% of total U.S. passenger boardings. Medium hubs are defined by the FAA as airports that account for at least 0.25% but less than 1.0% of total annual passenger boardings in the United States, placing JWA in the medium hub category. JWA serves as the primary commercial gateway to Orange County and features a unified passenger facility known as the

Thomas F. Riley Terminal. The facility is divided into three distinct sections: Terminals A, B, and

C. Terminals A and B were originally built and opened to the public in 1990. To accommodate growing passenger demand and international service, the airport expanded with the opening of

Terminal C in 2011, which added six bridged aircraft gates and a new federal inspection facility.

These three terminals collectively manage approximately 11.7 million annual passengers across

22 gates.

The Airport features full interconnectivity between Terminals A, B, and C on both the landside and airside. Before passing through security, passengers can walk freely across the upper-level

Departures area or lower-level Arrivals area to access ticketing, baggage claim, or ground transportation. Once through security, the “airside” concourse is completely seamless and sterile, allowing travelers to walk between all 22 gates without having to exit and re-enter a checkpoint.

JWA operates in compliance with the Transportation Security Administration (“TSA”) mandates outlined in the Code of Federal Regulations (“CFR”) Title 49. Specifically, as a primary commercial service airport, JWA maintains a TSA-approved Airport Security Program (“ASP”) as required by 49 CFR Part 1542, which governs the secure operation of the airfield, terminal areas, and the screening of persons and property. These regulations require the airport to designate a 24-hour Airport Security Coordinator (“ASC”), provide adequate law enforcement support for checkpoints, and strictly enforce identification standards, including the REAL ID requirements.

JWA operates under a Settlement Agreement. The Settlement Agreement, established in a 1985 accord (amended in 2003 and 2014), enforces caps on noise and capacity. Under the current terms, which extend through 2035, JWA maintains a mandatory nighttime curfew prohibiting commercial departures between 10:00 p.m. and 7:00 a.m. (8:00 a.m. on Sundays) and arrivals between 11:00 p.m. and 7:00 a.m. Furthermore, the agreement mandates a “Million Annual Passenger (“MAP”)

Cap,” which currently limits the airport to 11.8 million passengers per year through 2026 for the largest of aircraft (“Class A”) to ensure long-term noise protection for the surrounding corridor communities.

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4.2 PROPOSED PROJECT

The proposed Project is located at 18601 Airport Way, Santa Ana, CA 92707. In early 2026, JWA completed Phase 1 of the Vertical Conveyance project. The Phase 1 scope involved replacing six escalators in the Thomas F. Riley Terminal to improve the efficiency and maintenance access of each of the escalators in Terminals A & B.

Phases 2 - 4 include the replacement of the remaining 3 escalators, as well as the modernization of all elevators (28 units) throughout the Terminal, Parking Garages, and Ground Transportation

Center.

The scope of work is further outlined in Section 5.

4.3 INITIAL PROJECT OBJECTIVES

1. Improve safety and reliability of the existing elevator systems, including addressing known deficiencies associated with aging hydraulic and traction equipment.

2. Enhance overall system performance and reliability of elevators and escalators through modernization of control systems and operating components, including improved dispatch and motor control where applicable.

3. Extend the useful service life of elevator and escalator systems by replacing aged or obsolete components, with a target service life of approximately 15 to 20 years following modernization.

4. Upgrade life-safety features, including firefighter emergency operation, to comply with current applicable codes and standards.

5. Improve door system performance and reliability through upgrades to car and hoistway door equipment.

6. Achieve compliance with current accessibility requirements, including upgrades to elevator car operating panels, hall call stations, and signalization in accordance with the Americans with

Disabilities Act (“ADA”).

7. Recondition retained equipment, where feasible, to support reliable operation and integration with modernized systems.

8. Improve escalator safety and reliability by incorporating code-required safety devices and control upgrades as part of the modernization effort.

9. Replace aged escalator components to extend service life and reduce long-term maintenance risk.

10. Address building and system interfaces necessary to achieve compliance with current elevator safety and building code requirements.

For further detail, please see Appendix A: 2026-02-23 JWA Criteria Documents P491 Vertical

Conveyance Systems Improvement Phases 2, 3, and 4.

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4.4 KNOWN CONSTRAINTS

Prior to issuance of airport security ID Badge(s), designated Contractor personnel who shall be working on site in JWA restricted areas and engaged in the performance of work under this

Contract must pass JWA’s security screening requirements, which include fingerprinting to complete an F.B.I. Criminal History Records Check (CHRC) and a Security Threat Assessment

(STA).

Any work involving odors, excessive noise, or other irritating environmental agents may require work between the hours of 11:00pm to 5:00am.

Priority will be given to the comfort and safety of the JWA patrons during the implementation of this project. The Contractor will be expected to plan for and ensure the continued positive overall airline passenger experience; visual and sensory division between passenger traffic and construction areas; including safety, noise and dust protection. These criteria will apply not only to the airline patrons, but to all of the airport businesses, tenants and employees.

The project may be partially or fully funded through Federal Grant. The Contractor will be required to comply with all Federal Grant requirements.

4.5 ANTICIPATED CONSTRUCTION BUDGET

The anticipated budget for bonding purposes only is $41,000,000.

4.6 TENTATIVE SUBMITTALS / DELIVERABLES

The following preliminary schedule is provided for planning purposes and should be developed and validated by the Contractor. JWA also requests that respondents identify any opportunities to accelerate the work to complete more construction scope of work in Phase 2 in advance of the

2028 Summer Olympic Games.

• Notice to Proceed (NTP): Q1 2027

• Design and Pre-Construction Services: Approximately 8 months following NTP

• Construction Start – Phase 2: Q4 2027

• Construction Duration – Phase 2: Approximately 5-6 months from Phase 2 Construction

NTP, concluding end of June 2028

• LA28 Moratorium: July 14th - July 30th 2028

• Construction Start – Phases 3 and 4: August 2028 (post-moratorium)

• Substantial Completion: Q3 2029

5. SCOPE OF D-BE’S WORK

The work to be performed by the selected Respondent will be specified in the Design-Build contract. The sample agreement will be included as part of the Request for Proposal (RFP). By

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A. Provide cost estimates per County of Orange requirements, review and confirm the initial budget, and provide continuous cost management to assure the design and construction costs remain within the budgeted cost estimate.

B. Commit to a GMP.

C. Validate, verify and refine detailed Project Program.

D. Verify the schedule is appropriate for the Project.

E. Confirm Project criteria are appropriate.

F. Develop the schematic design deliverables per the County of Orange requirements.

G. Develop Building Information Models from project inception through design (LOD 300), construction (LOD 400-500), and closeout (LOD 500) in conformance with County of

Orange requirements.

H. Develop the design development deliverables per the County of Orange requirements.

I. Develop asset index database for incorporation into AssetWorks in conformance with

County of Orange requirements.

J. Develop the construction documents deliverables per the County of Orange requirements.

K. Provide design phase services per County of Orange guidelines and as necessary to construct the Project. Procure all agency review, peer review and local agency approvals, and obtain permits as required. At each phase comply with design review and approval process per the County of Orange requirements.

L. Provide construction planning, phasing, and scheduling, and execution during design and through construction completion and closeout service.

M. Develop and maintain a Project schedule that incorporates all tasks and approvals of all involved parties necessary to complete the Project within the contract durations.

N. Provide quality control and quality assurance.

O. Publicly advertise for trade subcontractors and prequalify trade contractors to comply with

County of Orange requirements.

P. Develop Trade Contractor Bid Packages and receive bids in the most logical, competitive, and seamless manner.

Q. Pay prevailing wages and comply with prevailing wage laws.

R. Manage and administer the Project construction phase to achieve construction completion within the contract time and budget and with high-quality workmanship.

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6. SCHEDULE OF ACTIVITIES

Any changes to the Schedule of Activities for the RFQ/RFP process will be issued to all

Respondents via addenda.

All questions regarding this RFQ must be submitted via the County's OpenGov Procurement portal and received no later than the due date for questions indicated in the Schedule of Activities.

Questions received after the due date or submitted in any manner other than through the County's

OpenGov Procurement portal will not be considered. Responses to submitted questions will be provided by the County to all accounts following this project on OpenGov Procurement and may accompany a formal addendum to the RFQ. Verbal clarifications or responses will not be considered binding.

7. FEDERAL AVIATION ADMINISTRATION (FAA) REQUIREMENTS

This Contract may be funded by various grants from the Federal Aviation Administration throughout the term of the contract. Therefore, the requirements of Title 2 of the Code of Federal

Regulations (C.F.R.), part 200 and §§200.317-200.326 of the Federal Aviation Administration

(FAA) Airport Improvement Program and 49 CFR Part 26 and/or Part 23, Participation by

Disadvantaged Business Enterprises in Department of Transportation Programs, may apply to this

Contract, including Build America, Buy America (BABA) as applicable. The following provisions are mandatory of the Federal Aviation Administration, and it is the responsibility of the consultant and their subconsultant(s) to comply.

7.1 TITLE VI SOLICITATION NOTICE

Title VI Solicitation Notice: The County, 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.

7.2 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.

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

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7.3 FAA BUY AMERICA PREFERENCE

The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws,² U.S. statutes, guidance, and FAA policies, which provide that

Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in

Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy

American Waivers Issued list.

The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy

American Preference, BABA and Made in America laws included herein with their bid or offer.

The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products

(including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

The bidder or offeror certifies procurement of certain rolling stock using FAA grant funds will prohibit airports from using Federal financial assistance to procure buses or rail car vehicle rolling stock from covered entities.

²Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and

Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States.

7.4 CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT

By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

7.5 CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING

DEBARMENT

The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a

“covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally-assisted project. The successful bidder will accomplish this by:

Checking the System for Award Management at website: http://www.sam.gov.

http://www.sam.gov/

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Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding

Debarment, above.

Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

7.6 DAVIS-BACON REQUIREMENTS

1. Minimum Wages.

(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section

1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR §

5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:

Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster

(WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.

(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;

(2) The classification is utilized in the area by the construction industry; and

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(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within

30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The

Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the

Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the

Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the

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Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records.

(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid

(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of

Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration.

The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour

Division Web site at https://www.dol.gov/agencies/whd/government-contracts/construction/payroll-certification or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation

Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).

https://www.dol.gov/agencies/whd/government-contracts/construction/payroll-certification https://www.dol.gov/agencies/whd/government-contracts/construction/payroll-certification

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(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the

Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided under

29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5

(a)(3)(i), and that such information is correct and complete;

(2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR

Part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of

Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of

Compliance” required by paragraph (3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the

United States Code.

(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the

Sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.

Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.

4. Apprentices and Trainees.

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and

Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of

Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed

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Procurement) Page 17 of 36 as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor

Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training

Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

5. Compliance with Copeland Act Requirements.

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

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6. Subcontracts.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR

§§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29

CFR § 5.5.

7. Contract Termination: Debarment.

A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in

29 CFR § 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes Concerning Labor Standards.

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of Eligibility.

(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR §

5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a

Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1).

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC §

1001.

7.7 DISADVANTAGED BUSINESS ENTERPRISE – CONTRACT ASSURANCE

The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26, including any amendments thereto, in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

1) Withholding monthly progress payments;

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2) Assessing sanctions;

3) Liquidated damages; and/or

4) Disqualifying the Contractor from future bidding as non-responsible.

Prompt Payment

The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from County of Orange, John Wayne Airport. The prime contractor agrees further to return retainage payments to each subcontractor within 10 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the County of

Orange, John Wayne Airport. This clause applies to both DBE and non-DBE subcontractors.

Termination of DBE Subcontracts (49 CFR § 26.53(f)

The prime contractor must not terminate a DBE subcontractor listed in response to Section 5 (or an approved substitute DBE firm) without the prior written consent of the County. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm. The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent of the County. Unless the County consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

The County may provide such written consent only if the County agrees, for reasons stated in the concurrence document, that the prime contractor has good cause to terminate the DBE firm.