Hangar_Sound_RFP_Ready_for_Release.pdf

R_______ A_______ F______

Rev. 7/24

32ND DISTRICT AGRICULTURAL ASSOCIATION

HANGAR SOUND EQUIPMENT AND SERVICES

HIGH SCORE

REQUEST FOR PROPOSAL

RFP NUMBER: HS-04-25

OC Fair & Event Center

88 Fair Drive Costa Mesa, California 92626

Date Issued: Wednesday, October 16, 2024

MANDATORY WALK-THROUGH – N/A

Bids must be received no later than Friday, November 15, 2024, 11:00 a.m.

Clearly marked with the following:

HANGAR SOUND EQUIPMENT AND SERVICES

RFP Number HS-04-25

PROPOSALS MUST BE SUBMITTED BY EMAIL TO RFP@OCFAIR.COM via

“WETRANSFER.COM”

Contact Person: Kelly Vu Email: RFP@ocfair.com

This person is the only authorized person designated by the District to receive communication concerning this RFP. Please do not attempt to contact any other person concerning this RFP. Oral communications of District officers and employees concerning the RFP shall not be binding on the District and shall in no way excuse the Bidder of the obligations set forth in the RFP. Bidders should include the RFP Number referenced above in the subject line of all emails sent to RFP@ocfair.com.

Prospective bidders to send email request to RFP@ocfair.com to receive notification/communication.

In conjunction with the information requested in Part VII – Mandatory Format and Content Requirements, all required documents and attachments listed in Section IX – Forms must be submitted as part of the bid proposal. Do not modify bid documents.

KK

mailto:RFP@OCFAIR.COM

T A B L E O F C O N T E N T S

PAGE

PART I – DEFINITIONS

PART II – GENERAL INFORMATION

PART III – RULES GOVERNING COMPETITION & TECHNICAL EVALUATION

PART IV – HISTORY & GENERAL INFORMATION

PART V – STATEMENT OF WORK (SOW) TO BE PERFORMED

PART VI – EVALUATION, SELECTION & SCORING PROCESS

PART VII – MANDATORY FORMAT AND CONTENT REQUIREMENTS

PARTT VIII – EXHIBITS A THROUGH C

PART IX – FORMS SECTION

SECTION A – TO BE COMPLETED BY BIDDER

SECTION A-1: COVER LETTER

SECTION A-2: TECHNICAL PROPOSAL

SECTION A-3: FINANCIAL PROPOSAL BID FORM

SECTION A-4: BIDDER/CONTRACTOR STATUS FORM

SECTION A-5: BIDDER DECLARATION

SECTION A-6: DARFUR CONTRACTING ACT ATTACHMENT

SECTION A-7: IRAN CONTRACTING ACT VERIFICATION FORM

SECTION A-8: STD1000 – GEN. ART. INTEL. (GEN AI) REP FACTSHEET…… 44

SECTION B – TO BE COMPLETED BY DISTRICT

SECTION C – SAMPLE OF DOCUMENTS TO BE AWARDED

Standard Agreement………………………………………………………………… 49

Exhibit A Scope of Work ……………………………………………………………...50 Exhibit B Budget Detail & Payment Provisions………………………………..……52

Exhibit C General Terms & Conditions………………………………………………53 Exhibit D Special Terms & Conditions……………………………………………….57

Exhibit E Insurance Requirements…………………………………………………...61 Exhibit F Megan’s Law………………………………………………………………...64 Exhibit G OCFEC Uniform & Identification Procedures…………………………….67 Exhibit H Additional Contract Terms & Conditions………………………………….68 Exhibit I AB1775 Safety on Staging For Live Events Compliance Statement 73

PART I

DEFINITIONS

BIDDER/PROPOSER: The individual, company, organization or business entity submitting the proposal in response to the Request for Proposal.

CFSA: Refers to California Fairs Services Authority, a not-for-profit joint power authority (JPA) established to manage and administer workers’ compensation, property and general liability self-insurance pools, related services and programs exclusively for California’s fairs.

CONTRACTOR: Refers to that Bidder selected by the District to provide the services set forth in this RFP. Terms can be used interchangeably.

DGS: Refers to the “Department of General Services,” State of California, located at:

707 Third Street, 7th Floor West Sacramento, California 95605 Attention: Office of Legal Services

DISTRICT: Refers to the 32nd District Agricultural Association, which is an agency of the State of California within the Division of Fairs & Expositions under the Department of Food & Agriculture. The Association is located at:

88 Fair Drive Costa Mesa, California 92626

F & E: Refers to the Division of Fairs & Expositions, Department of Food & Agriculture, which is a division of the agency of the State of California overseeing the activities of District Agricultural Associations and County and Citrus Fruit Fairs. F&E is located at:

1010 Hurley Way, Suite 200 Sacramento, California 95825

IMAGINOLOGY: Refers to the annual event held in April of each year.

QUALIFIED: The term “qualified” as it is used in this document refers to the Bidders who submit their proposals according to the guidelines contained in the RFP and meet all other requirements listed herein.

OC FAIR/FAIR TIME: Refers to the annual OC Fair held in July and August of each year. Terms can be used interchangeably.

RFP: Request for Proposal.

RESPONSIVE: Proposals that are timely, meet the proper format required for submittal of the proposals, and provide the required information pursuant to the criteria outlined in the RFP will be considered “responsive.”

YEAR-ROUND EVENT: Refers to any event held outside of the annual OC Fair and Imaginology.

PART II

GENERAL INFORMATION

A. FOR REQUEST FOR PROPOSALS (RFP)

The Board of Directors of the 32nd District Agricultural Association is releasing this RFP with the intent to award a contract for the purpose of obtaining HANGAR SOUND EQUIPMENT AND SERVICES in accordance with the Scope of work listed in this RFP and as directed by the District, from January 1, 2025

– December 31, 2026, with three (3) 1-year options to renew. The agreement options are to be exercised independently and at the sole discretion of the District. Certification of satisfactory contract performance is required. Extensions may involve renegotiation of certain areas.

B. BIDDER RESPONSIBILITY

Bidders are urged to read all documents thoroughly as the District shall not be responsible for errors or omissions on the part of the Bidder. Careful review of final submittal is highly recommended as reviewers will not make interpretations or correct detected errors in calculations.

C. DELIVERY OF PROPOSALS

Proposals must be electronically submitted prior to the closing time and by email* to RFP@ocfair.com via wetransfer.com.

Failure to meet these requirements will result in an unaccepted proposal.

D. CONTRACT AWARD

Each Bidder’s financial proposal is evaluated and scored by the Committee who utilizes the score sheet.

Small Business preference will be given where applicable. The lowest potential cost is awarded the maximum points, thirty (30). Other proposals are awarded cost points based on the following calculation:

Lowest Proposer’s Cost divided by other proposal (factor) X maximum cost points = cost points for other proposer

(Example: Lowest cost proposal of $75,000 divided by other proposal of $100,000 = ¾ (factor) x 30 = 22.5 points award to other proposal)

If the contract is awarded, it shall be granted to the qualified responsible Bidder who receives the highest overall score. Prior to the Board of Directors of the 32nd District Agricultural Association awarding a contract, the District shall post a “Notice of Proposed Award” on the OC Fair & Event Center website for five (5) working days. In addition, an email containing a link to the notice will be emailed to each Bidder.

A contract award is not final until:

• The time for posting notice of award has expired;

• Protests filed, if any, have been withdrawn or rejected by the Department of General Services.

• It is approved by the District Board of Directors during a public meeting. The District Board of Directors, in its sole and absolute discretion, may decide not to approve any contract following the RFP process and the District shall have no obligation to reimburse any Bidder for any costs of fees incurred as a result of this RFP.

The District reserves the right to reject all proposals, to select without any discussion or interviews, to request additional information, and to negotiate any minor details, terms or conditions.

mailto:RFP@ocfair.com

E. TENTATIVE SCHEDULE

RFP Released

*Job Walk-if required – N/A

**Questions Due via Email

Answers Sent to All Bidders via Email

Proposal Deadline

Scoring

Notice of Proposed Award

Protest Deadline

Board Approval of RFP Award

Proposed Contract Commences

Wednesday, October 16, 2024

N/A

Thursday, October 31, 2024

Tuesday, November 5, 2024

Friday, November 15, 2024, by 11:00 am

Monday, November 18, 2024

Tuesday, November 19, 2024

Tuesday, November 26, 2024

December 19, 2024

January 1, 2025

The District reserves the right to change any dates of the above schedule. Bidders will be notified.

* The mandatory walk-through is to give Bidders a further understanding of the venue and venue requirements. It is not a time for technical questions relating to the RFP. Plan at least two (2) hours for the walk-through. Comfortable walking shoes are recommended.

** All questions are to be submitted in writing and email to RFP@ocfair.com by the date and time specified above. All Bidders will be sent email notification when questions and answers are posted on the District’s web site. No RFP related questions will be answered following 5:00 p.m. on Thursday, October 31, 2024.

F. BIDDER/CONTRACTOR STATUS FORM

All Bidders must complete, sign and submit the Bidder/Contractor Status Form in response to the RFP.

Failure to comply will deem the Bidder non-responsive. The District reserves the right to verify the information on the Bidder/Contractor Status Form at the time of the bid. If the Bidder is a corporation, the form must include the title of the person signing, i.e., corporate officer status, and a copy of the corporate resolution authorizing the signing of the form must be attached. If a partnership, the signing partner must indicate whether a limited or general partner.

G. DVBE REQUIREMENTS – BIDS TOTALING OVER $10,000.00

The District elects to include the DVBE incentive for this RFP.

1. The incentive amount will be based upon the percentage of DVBE participation as follows:

Confirmed DVBE Participation of: DVBE Incentive:

5% or Over 5%

4% to 4.99% Inclusive 4%

3% to 3.99% Inclusive 3%

2% to 2.99% Inclusive 2%

1% to 1.99% Inclusive 1%

2. ALL Bidders must complete and submit the Bidder and Subcontractor Performance Declaration, GSPD-05-

105 (Attachment 3) found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

3. IF Bidder answered “yes” to any question on the GSPD-05-105, Bidder must submit Disabled Veteran Business Enterprise Declarations, DGS PD 843 found at https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

H. SMALL BUSINESS PREFERENCE

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to Bidders who qualify as a small business. The rules and regulations of this law, including the definition of a small business for the delivery of service, are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulations is available upon request.

To claim the small business preference, which may not exceed $50,000 for any proposal, Bidder’s company must have its principal place of business located in California and have a complete application (including proof of annual receipts) on file with the State Office of Small Business and Disabled Veteran Business Enterprise (OSDS). Questions regarding the preference approval process should be directed to the OSDS, 707 Third Street, 1st Floor, Room 400, West Sacramento, California 95605, (916) 375-4940.

If Bidder is claiming the 5% small business preference, a copy of Bidder’s OSDS Small Business Certification should be submitted with the proposal (This certificate can be obtained here:

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

Non-small business Bidders may be granted a five percent (5%) non-small business subcontractor preference on a bid evaluation when a responsible non-small business Bidder includes notification that it commits to subcontract at least twenty five percent (25%) of its net bid price with one or more small businesses. Bidder must submit a list of the small businesses it commits to subcontract with for a commercially useful function in the performance of the contract. The list of sub-contractors shall include the subcontractor’s name, address, phone number, description of work to be performed and dollar amount of percentage for each subcontractor.

Small business preference qualification information must be included in all bid documents. This must include procedures for claiming small business preference, microbusiness preference, and non-small business contractor/small business subcontractor preference processes. Note: A non-small business, which qualifies for this preference, may not take an award away from a certified small business.

I. INSURANCE

The Bidder awarded the contract shall provide a signed, original Certificate of Insurance in the minimum amounts of commercial general liability coverage and automobile liability insurance per occurrence for bodily injury and property damage liability combined, as outlined in Section C, Exhibit E – Insurance Requirements.

The Certificate of Insurance shall be furnished to the District fifteen (15) days prior to contract start date.

The certificate must include the following, unless the Bidder is on the Division’s or CFSA’s Master Insurance Certificate List:

• Evidence of authorized insurance for the term of the contract, which includes setup and teardown;

• A 30-day cancellation notice;

• The District’s name and address shown as the certificate holder; and

• The additional insured paragraph exactly as stated below:

"That the State of California, the California Fair Services Authority, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/ Sub lessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."

Also, proof of Workers’ Compensation Insurance is required by the Bidder awarded the contract.

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

J. PRE-CONTRACTUAL EXPENSES

Pre-contractual expenses are defined as expenses incurred by Bidder in: 1) Preparing the proposal in response to this request; 2) Submission of said proposal to the District; 3) Negotiating any matter related to this proposal; 4) Any travel expenses in conjunction with this proposal, and 5) Any other expenses incurred by Bidder prior to contract commencement date.

The District shall not, in any event, be liable for any pre-contractual expenses incurred by the Bidder. Bidder shall not include any such expenses as part of the price as proposed in response to this RFP.

K. SIGNATURE

The Proposal Forms, Certifications, Letters, and all Documents must be signed with the firm’s name as indicated. A proposal by a corporation must be signed by a duly authorized officer, employee or agent.

L. PRE-AWARD AUDIT

Prior to contract award, the selected Bidder may be required to undergo an audit of their proposed costs and prices. The District will conduct the audit for the purpose of determining whether the Bidder’s prices are fair and reasonable.

M. SINGLE PROPOSAL RESPONSE

If only one responsive proposal is received in response to this RFP and it is found by the District to be acceptable, additional detailed costs or financial data may be requested of the single Bidder. A cost or financial analysis, possibly including an audit, may be performed by or for the District in order to determine if the proposal is fair and reasonable. The Bidder has agreed to such analysis by submitting a proposal in response to this RFP.

A cost analysis is a more detailed evaluation of the cost elements in the Bidder’s Financial Proposal Bid Forms. It is conducted to form an opinion as to the degree to which the proposed costs represent what the Bidder’s performance should cost. A cost analysis is generally conducted to determine whether the Bidder is applying sound management in proposing the application of resources to the operation effort, and whether costs are allowable, allocable and reasonable. Any such analyses and the result there from shall not obligate the District to accept such a single proposal and the District may reject such proposal at its sole and exclusive discretion.

N. NON-ASSIGNMENT

Any attempt by Contractor to assign, subcontract or transfer all or part of this agreement shall be void and unenforceable without the District’s prior written consent; which consent shall not be unreasonably withheld.

Any such consent shall not relieve Contractor from full and direct responsibility for all services performed prior to the date of assigning, subcontracting or transferring this agreement.

O. LOSS LEADER

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

P. UNANTICIPATED TASKS, TIME OR DELIVERABLES

In the event unanticipated deliverables, additional time or additional work must be performed that is not identified in this RFP, but in the District’s opinion is necessary to successfully accomplish the statement of work or technical specifications, the District may initiate a contract amendment to add time, deliverables or tasks. Unless otherwise indicated, all stipulated terms and conditions appearing in the resulting contract including fixed costs, unit pricing, expenses or rate will apply to any additional work.

Q. POST AWARD DISPUTES

• If a post award dispute between the District and a Contractor arises, the District shall deal in good faith and attempt of resolve potential disputes informally.

• Contactor should state the dispute in writing, including all facts of the dispute, and submit it to the District Supervisor or designee.

• The District Supervisor or designee shall review the matter and render a final decision in a timely manner.

• If the Contractor is not satisfied with the final decision, the matter may be referred to the DGS/PD’s Protest and Dispute Resolution unit for final resolution.

R. EXPATRIATE CORPORATION:

Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

S. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

• When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

• "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.

• Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

PART III

RULES GOVERNING COMPETITION & TECHNICAL EVALUATION

A. RFP REQUIREMENTS AND CONDITIONS

1. Resulting Contract

The resulting contract between the District and the successful Bidder(s) shall incorporate the following documents and the execution of this Agreement will be required after an award is made (see Part X – Forms):

a. The attached sample Standard Agreement; the RFP General Provisions including Additional Contract Terms and Conditions; Payee Data Record; Contractor Certification Clauses; General Contract Terms and Conditions, and Insurance Requirements.

b. The Statement of Work to be Performed and/or work requirements set forth in this RFP.

c. Addenda subsequent to the initial release of the RFP.

d. The District’s response to written questions and clarification to the RFP.

e. Megan’s Law Screening and Certification.

f. OCFEC Uniform and Identification Procedures

2. Errors and Requests for Additional Information

In the opinion of the District, this RFP is complete and without need of explanation:

If a Bidder discovers any ambiguity, conflict, discrepancy, omission or other error in this RFP, he/she shall immediately notify the District of such error in writing addressed to the contact person listed on the cover page and request modification or clarification of this document.

Bidders that may have questions, or need any clarifying information or additional information, should submit in writing via email to the contact person listed on the cover sheet of this RFP. Bidders must submit questions by the date and time specified in the Tentative Schedule (see Part II – General Information). Modifications will be made in writing by way of an addendum issued pursuant to paragraph 3 (Addenda) below.

3. Addenda (Changes to the RFP)

Prior to award of a contract, the General Provisions, Statement of Work to be Performed, Addenda and all forms and documents of this RFP constitute the potential contract. Any requests to change any of these documents must be submitted according to the instructions “Errors and Requests for Additional Information” above. All changes to this RFP will be made by written addendum. Clarifications will be provided by written notice to all parties to whom the District had sent notice of the RFP and to persons or entities who have requested to be provided notice of any modifications or notices. There will be no oral changes. Oral communications are not binding.

The effect of all addenda to the contract documents shall be considered in Bidder’s proposal and the addenda shall be made a part of the contract documents. It is the Bidder’s responsibility to review their final submittal and ensure it has addressed all components in the original RFP and any addenda.

Important: It is the Bidder’s responsibility to confirm in writing receipt of all addenda issued to this RFP before submitting a proposal. Failure to confirm in writing receipt of all addenda in any proposal will render the proposal non-responsive and result in its rejection.

Acknowledgment of all addenda must be noted by the Bidder on each Financial Proposal Form in the space provided. The District reserves the right to change or cancel the RFP opening date for its own convenience and at its sole and absolute discretion.

4. Definitions

The use of “shall,” “must” or “will” indicates a mandatory requirement or condition in this RFP. Failure to include such mandatory requirements or conditions will result in the disqualification of a proposal. In the Scope of Work, all mandatory requirements are indicated by an asterisk (*), see Part V.

The words “should” or “may,” indicate a desirable attribute or condition, but are permissive in nature and may affect the score the proposal receives.

5. Grounds for Rejection of the Proposal

A proposal shall be rejected if:

• It is received at any time after the exact time and date set for receipt of proposals as stated in Part

II – General Information, Sections C and E.

• It is not prepared in accordance with the required format or information is not submitted in the format required by this RFP as listed in Part VII – Mandatory Format and Content Requirements.

• The firm has submitted multiple bids in response to this RFP without formally withdrawing other bids.

• The bidder is not eligible to do business in California.

• It is incomplete and/or unsigned.

A proposal may be rejected if:

• It contains false or misleading statements or references, which do not support attributes or conditions, contended by the Bidder. (The proposal shall be rejected if the District determines, in its sole and absolute discretion, that the information was intended to mislead the District in its evaluation of the proposal and the attribute, condition or capability of this RFP.)

• Not using provided required forms and attachments.

6. Right to Reject Any or All Proposals

It is the policy of the District not to solicit proposals unless there is a bona fide intention to award a contract. However, the District may, at its sole and absolute discretion, reject any or all proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process, or waive any irregularities in this RFP. The decision as to who shall receive a contract award, or whether or not an award shall ever be made as a result of this RFP, shall be at the sole and absolute discretion of the District.

7. Protests

A Bidder may file a protest against the awarding of the contract. The protest must be filed with both the District and the Department of General Services (DGS) at:

• Department of General Services Office of Legal Services Attention: Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, California 95605

FAX: (916) 376-5088

• 32nd District Agricultural Association dba OC Fair & Event Center Business Services Department Attention: Business Services Supervisor 88 Fair Drive

Costa Mesa, CA 92626 Email: RFP@ocfair.com

Protests may be sent by regular mail, email, courier or personal delivery. Protestors should include their fax numbers when possible.

The protest must be received prior to the expiration of five (5) working days from notice of the proposed award being posted and, in no event, later than 5:00 p.m. on the fifth (5th) working day after notice of proposed award was posted in a public place at the District’s Administration Office.

IN ADDITION, within five (5) days after filing the protest, the protesting Bidder shall file with the District and the Department of General Services, Legal Office, a fully detailed and complete written statement specifying the grounds for the protest.

PLEASE NOTE, failure to file notice of protest by the conclusion of the fifth (5th) working day after notice of intention to award a contract has been posted and a complete detailed written statement within five

(5) calendar days of filing the protest stating grounds for protest will result in the protest being deemed untimely and grounds for protest waived. Protests shall be limited to the grounds contained in Public Contract Code, Section 10345.

B. OTHER INFORMATION

1. Dispositions of Proposals

All materials submitted in response to this RFP will become the property of the District. All proposals, evaluation and scoring sheets shall be available for public inspection at the conclusion of the Committee scoring process and announcement of intent to award. If an individual requests copies of these documents, the District will assess a fee to cover duplicating costs. Documents may be returned only at the District's option and at the Bidder's expense. Two (2) copies of the proposal shall be retained for official District files.

2. Confidentiality of Proposals

The District will hold the contents of all proposals in confidence until issuance of the Notice of the Proposed Award; once issued and posted, no proposal will be treated as confidential. However, if a Bidder maintains that certain information is proprietary, all proprietary or other legally protected material must be identified at the time of submitting the proposal to retain the claim of confidentiality. Bidder acknowledges that all materials submitted in response to this RFP, including proprietary materials, are subject to the California Public Records Act.

The materials may be used by the District to justify the awarding or not awarding of a contract if a protest is filed. The District will not be liable for inadvertently releasing confidential materials although the District will use the best efforts to prevent the release of said materials.

3. Modification or Withdrawal of Proposals

Any proposal which is received by the District before the time and date set for receipt of proposals may be withdrawn or modified by written request of the Bidder. However, in order to be considered, the modified proposals must be received by the time and date set for receipt of proposals in Part II – General Information.

A Bidder cannot withdraw or modify a proposal after the due date and time for receipt of proposals and, further, a bid cannot be "timed" to expire on a specific date. For example, a statement similar to "This proposal and the cost estimate are valid for 60 days," is non-responsive to the RFP.

PART IV

HISTORY & GENERAL INFORMATION

The OC Fair & Event Center is a 150-acre multi-use property owned and operated by the 32nd District Agricultural Association, a California state institution. The District is subject to the oversight of various state agencies, including the California Department of Food and Agriculture, Division of Fairs & Expositions. The District is used throughout the year for both public and private events, and educational and community activities. The District hosts over 150 events throughout the year and self-produces the annual OC Fair and Imaginology events, in addition to managing the Pacific Amphitheatre, an 8,200-seat outdoor amphitheater.

The District features 157,000 square feet of unique event space including exhibit buildings, meeting rooms and outdoor spaces – all available for rent throughout the year.

The property includes Centennial Farm, a three-acre working farm which educates the public, including over 100,000 school children through field trips, on the importance of agriculture in our daily lives. Centennial Farm features farm animals, California specialty crops and the “Table of Dignity” memorial honoring the work of Orange County agricultural workers.

Heroes Hall is a permanent museum and education center honoring the legacy of veterans through rotating exhibitions, performances and educational programs. It features a restored two-story World War II era barracks building and an impressive Medal of Honor Courtyard honoring those who serve our nation. In addition, an A-4M Skyhawk aircraft compliments the Heroes Hall Foot print.

The OC Fair, one of the most anticipated community events in Orange County, is a 23-day event held over a period of 31 days during July and August, and is open Wednesday through Sunday. The very first Orange County Fair was held in 1890.

The Pacific Amphitheatre is used periodically throughout the year for live performances and events, and is home to a 23-day concert series during the annual OC Fair featuring headline musical acts and comedian performances. In recent years, the 23-day concert schedule has also included additional concerts before and after the annual OC Fair.

Imaginology takes place annually in April over a two-day period. The popular event features S.T.E.A.M. (Science, Technology, Engineering, Art & Math) workshops, demonstrations, competitions and hands-on activities, providing students with the resources needed to freely explore their imaginations. Professionals from various fields such as electronics, robotics, agriculture and creative arts are available to give participants a glimpse of future career paths.

The Ranch is a 7.5-acre community education and recreation center on the fairgrounds which features a variety of community programming for the public, along with a portion set aside for boarding and training of privately-owned horses. The Ranch is developing equine-related exhibits, student programs, public tours, equine assisted activities and other hands-on experiences with horses and is open to the public.

PART V

STATEMENT OF WORK (SOW) TO BE PERFORMED

The District is soliciting Bids for the HANGAR SOUND EQUIPMENT AND SERVICES The Agreement term for these services shall be for January 1, 2025 – December 31, 2026 with three (3) one (1)-year options.

This part describes the work to be performed by the Bidder who is awarded the contract and contains terms and conditions which will be deemed incorporated and become a part of any contract awarded pursuant to this RFP.

All terms and conditions are fixed and non-negotiable.

Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.

Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

Covid 19 Infection Mitigation Protocol & Procedure Guidelines

Contractor agrees to abide by COVID related health directives, if any, in place during the contract period.

GenAI Technology Use & Reporting

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

A. Minimum Requirements:

A. Contractor and/or Contractor Personnel shall have demonstrated understanding of design criteria, technical requirements, and ability to adhere to the overall intent of the specified system design;

B. Contractor and/or Contractor Personnel shall have demonstrated technical ability working with line-array type loudspeaker systems as well as the ability to install, operate, and remove multiple sound systems.

C. Contractor and/or Contractor Personnel shall have documented evidence, as required in the Technical Proposal, five (5) years of relevant experience providing similar equipment and services, including installation, monitoring and utilization, for at least four (4) venues equivalent to the OC Fair & Event Center meeting the following requirements:

• A minimum of five (5) or more consecutive days of performances in multiple locations in a fixed, non-touring application;

• Venues serviced by Bidder had a minimum 800,000 or more in event-wide attendance;

• Bidder was primary equipment provider; and

• Bidder serviced a minimum of one (1) equivalent venue in 2023 and/or 2024.

D. Contractor shall have knowledge, training, and experience in Event/Equipment Safety Awareness, Audience Safety/Crisis Management, and Electrical Fire Prevention and Abatement.

B. Scope of Work:

A. OVERVIEW OF CURRENT SOUND MITIGATION

A general awareness of all OC Fair sound systems is important to understand the critical task of maintaining specific sound levels for all areas in order to minimize the overall impact of sound from the OC Fair onto surrounding neighborhoods.

1. Four (4) primary sound systems exist within the confines of the OC Fair, one (1) of which is required as part of this RFP (a below), and are discussed in brief so as to understand the impact of OC Fair sound:

a. The Hangar Building Sound System (indoor) is a semi-enclosed venue, which also includes two

(2) small sound arrays flown outside to cover a portion of the Main Mall, and is a requirement of this RFP.

b. Action Sports Arena Sound System (outdoor) is an open-air venue and is NOT a requirement of this RFP.

c. Plaza Stage Sound System (outdoor) is an semi-enclosed tent venue and is NOT a requirement of this RFP.

d. Pacific Amphitheatre (outdoor) is an open-air venue and NOT a requirement of this RFP.

However, it is referenced in this RFP to ensure Contractor is aware of and understands all major sound systems onsite as noise mitigation is of the highest concern to the District in the interest of being a good neighbor to the community as well as to meet legal requirements. The Pacific Amphitheatre consists of a large line array speaker system along with complex stage monitor systems.

2. Although the OC Fair has a noise injunction specifically applied to the Pacific Amphitheatre, property-wide noise mitigation is required. The injunction states that the sound level must not exceed 55 dB at a specific residence near the OC Fair, specifically located at 547 Serra Way. The house is approximately 2,000 feet from the Action Sports Arena. While sound measurements are specifically taken with respect to 547 Serra Way, they are also taken throughout the surrounding neighborhoods to understand noise levels in the community and minimize the impact of OC Fair sound on them. The District requires immediate mitigation of OC Fair noise levels of 55 dB at any residence in the community.

3. All sound systems will continue to have strict sound control measures in place.

B. SOUND MITIGATION AND MONITORING REQUIREMENTS

1. Contractor is an integral part of monitoring Sound Pressure Levels (SPL). Contractor shall have adequate SPL measurement capability at The Hangar Building and ensure Contractor Personnel is completely aware of maximum sound levels and capable of complying with all requirements listed herein. Contractor shall control sound levels at each of the three (3) venues by ensuring proper levels are maintained, whether Contractor’s staff or visiting engineers are running the equipment.

2. For all venues, maximum, broadband (20 Hz to 15 KHz) noise level, measured at front of house (FOH), shall not exceed an average of 95 dB flat weighted, under any circumstances.

3. For all applicable venues, behind stage measured noise level shall not exceed peaks of 70 dB, flat weighted, under any circumstances. This includes indirect FOH system energy, stage monitors, backline equipment and any reflected energy from the surrounding buildings.

4. The District’s objective and ordinance requirements are to keep SPL at or below 55 dB in ALL surrounding neighborhood areas where residences are located.

5. Any combination of factors resulting in noise levels exceeding 55 dB in surrounding neighborhoods must result in a lowering of sound level until the level in the neighborhood is within compliance. In summary:

a. No more than 55 dB in any neighboring residential area.

b. No more than 70 dB, flat weighted, behind stages.

c. No more than 95 dB, flat weighted, at FOH.

d. If any combination of the above results in greater than 55 dB in any area where housing is located, levels shall be immediately decreased until compliance is met.

6. Contractor shall take measurements during each event to ensure that the level is at or below 95 dB at FOH, 70 dB at the rear of the stage.

7. In all cases, Contractor shall:

a. Not interfere with surrounding vendor activities.

b. Maintain a level consistent with the program material and audience size to be covered.

c. Ensure sound level 10 feet from speakers will not exceed 90 dB if speakers are in close proximity to audience members

8. Contractor shall apply all necessary conditions to each sound system based upon the nature of the amplified program, distance from audience, overall sound system size and distance from surrounding areas.

9. Contractor shall bear complete responsibility for ensuring compliance as indicated herein and as determined necessary by District Management at all times. Including when visiting production engineers are mixing audio at FOH.

10. Contractor shall immediately respond to requests from District personnel to reduce sound levels.

C. GENERAL REQUIREMENTS

1. Contractor shall provide all equipment and materials necessary to perform the required duties, at a contracted rate, as indicated herein and on the Financial Proposal Bid Form.

Pricing shall include all labor, delivery/fuel charges, equipment, installation, teardown, and any other costs to support the Scope of Work.

2. Contractor shall provide professional quality sound systems for The Hangar Building (see Paragraph E – Venue Descriptions, Equipment Lists, and Requirements below). Sound quality and aesthetic value of equipment is vital.

3. Contractor shall provide versatile personnel and sound equipment capable of meeting the varied requirements of visiting performers, and which are adaptable to a wide variety of genres and themes such as rock and roll bands, tribute bands, community dance troupes, and mariachi groups.

4. Contractor shall provide qualified personnel to set up equipment, assist with stage management, monitor and utilize equipment according to stage performance needs, provide security for equipment, and tear down equipment. The District reserves the right to request staff changes at any time, for any reason.

5. Contractor shall be responsible for maintaining sound and sound-related equipment which will remain in place from the first day of installation through the end of the last performance.

6. Contractor shall be required to set up in/at The Hangar Building as specified by the District, according to the performance schedule.

7. Contractor shall provide sound equipment and personnel for a minimum of twenty-three (23) performance days/nights during the run of the annual OC Fair in addition to setup and teardown. Typically, performances will not take place on Mondays or Tuesdays. Contractor shall support all artists/acts scheduled to perform.

8. Contractor will work closely with District Management and other District Departments to provide an efficient and smooth operation.

9. Contractor shall be responsible for testing all systems and ensuring they are whole and fully functional in order to meet the requirements contained herein or as otherwise agreed upon by Contractor and the District.

10. Any failure(s), including, but not limited to, instrument, system component, and/or outage must be immediately resolved. Contractor shall operate with strategic back-up plans in place and spare parts available to ensure a fully functioning and complete sound system is maintained at all times.

11. Contractor must own a substantial percentage of the equipment used in the service of this

Agreement and shall be able to fulfill the District’s requirements in their entirety. If additional equipment is required from suppliers, Contractor shall properly tag such inventory, as required in Paragraph D – Equipment Quality and Requirements below prior to installation. Under no circumstances shall an entity outside the awarded Contractor interface with or deliver equipment to the District.

12. All equipment and labor required for setup and teardown must be provided by Contractor.

Subcontracting of labor will not be allowed. Contractor will supply a scissor lift(s) and/or other necessary forklift(s) for transportation, installation and removal of sound equipment and systems. The cost associated for this equipment shall be included within the cost reflected on the Financial Proposal Bid Form.

13. The District reserves the right to change and/or add any equipment, specifications, and setup dates upon reasonable notification to Contractor. However, strict adherence to the schedule for purposes of this RFP shall be implemented.

14. All dimensions, quantities, schedule, and other requirements have been estimated as close to final figures and layout as possible, as currently known for the 2020 OC Fair, but are subject to final requirements and final approval by District Management.

15. All sound equipment and systems must be secured in a safe manner to prevent tipping, lifting or falling due to wind or other influences. Weights, anchors or other items used to secure equipment must be included in the cost. Contractor shall be responsible for determining appropriate method to secure equipment and will be held liable for any issues resulting from unsafe installation.

16. The Equipment Lists have been included in Paragraph E – Venue Descriptions, Equipment

Lists and Requirements below for the purposes of illustrating the size and scope of the typical annual OC Fair. It in no way obligates the District to request or secure each or any item in the quantities listed. The District cannot guarantee a minimum and/or maximum amount of equipment used for any performance. The equipment list for the 2020 OC Fair and subsequent annual fairs shall be developed annually and will change from year to year based on performance themes and number of performances. The actual final requirements will be contingent upon final schedule. Contractor shall charge the District for actual equipment utilized and/or as specified on the Financial Proposal Bid Form.

17. The final layout of sound equipment and systems will be identified in conjunction with

District Management and/or visiting productions. It is Contractor’s responsibility to ensure accurate placement.

18. The annual OC Fair setup is subject to change from year to year.

19. The District may require items not called out in this RFP. The District is to be billed at a rate no greater than the amount charged for similar items listed in the RFP for the applicable event. Such rates shall be determined and agreed upon by the District prior to the delivery and installation of items.

20. Contractor shall provide high-quality color photos, and the following simulations in either

MAPP or EASE. In addition, CAD drawings showing exact layout are required in PDF form, including drawings and specification sheets, as applicable, of sound configurations, equipment, structures, weight, rigging, etc., as well as any other information requested by the District that will properly explain system capabilities and operation.

21. Upon fully execution of the contract, Contractor shall immediately begin an analysis and development of sound systems for the 2025 OC Fair and shall have a finalized plan no later than the end of May 2025 or as otherwise agreed upon by Contractor and the District. At this time, Contractor shall present all applicable permits, licenses, and certifications for equipment and personnel, as applicable, as required in Part VIII - Additional Contract Terms & Conditions, Item 9.

22. Contractor shall present, for District review and approval, a sound recommendation each year beginning in April 2025, or as stipulated by the District, and every subsequent contract year thereafter, which will contain a proposal outlining the sound design layout and required equipment for that year’s annual OC Fair. At this time, Contractor shall also present all applicable up-to-date permits, licenses, and certifications for equipment and personnel, as applicable, as required in Part VIII - Additional Contract Terms & Conditions, Item 9.

D. EQUIPMENT QUALITY AND REQUIREMENTS

1. All equipment shall be clearly marked and/or tagged with Contractor’s company name and logo in order to differentiate between Contractor equipment and District equipment.

2. All equipment and materials used must meet industry standards for workmanship, construction, assembly, anchorage, and safety. All equipment supplied will meet the manufacturer specifications and will be assembled in the factory-recommended manner.

3. All equipment must meet typical industry standard brands, which are proven to be acceptable to a wide variety of venues and applications. Unusual off-brands, while perhaps technically equal, will not be accepted. A list of acceptable equipment has been provided in Paragraph D – Equipment Quality and Requirements and may be modified by the District at any time.

4. All equipment must be clean, in excellent condition, and deemed to be safe and in good repair. The District reserves the right to approve the condition and quality of all items and/or equipment supplied by Contractor. Any equipment deemed inappropriate or in poor condition by District Management must be replaced immediately and at no cost to the District. All items shall be in good repair and will have been checked out and tested before being installed at the venue.

5. Hardware must convey a quality image, as applicable: clean; brushed aluminum or rust-free steel; no visible tape or tape residue or any other unsightly remnants, and no fading or scuffs.

6. The systems must be weather protected and capable of operating over a wide range of temperatures.

7. Contractor shall inspect all systems on a daily basis to test and verify proper operation and safety. Any necessary repairs shall be made at least three (3) hours prior to show time.

System checks and maintenance may be performed on Mondays and Tuesdays at Contractor’s discretion; however, any such time must be reserved in advance through District Management.

8. Power will be supplied by a reliable source, which may be a generator system supplied by the District or District-approved vendor.

9. Contractor shall provide and install all power distribution for the complete sound system, including all appropriate devices, cables, cords, wires, connectors, etc. to secure and maintain electrical connectivity.

10.