PROCUREMENT SERVICES

REQUEST FOR PROPOSALS

(RFP)

CONSTRUCTION MANAGER AT-RISK (CMAR)

FOR

SANTA ANA RIVER (E01) AVIO TIDE GATES REPLACEMENT

RFP 080-2878902-TV

County of Orange, OC Public Works RFP 080-2878902-TV Construction Manager at Risk (CMAR) – Santa Ana River (E01) Avio Tide Gates Replacement

2878902 2 of 127

COVER PAGE

DATE: February 26,2026

REQUEST FOR PROPOSALS (“RFP”)

Orange County Flood Control District (“County”) is soliciting proposals from qualified contractors (“Respondents”) to provide construction manager services via a Construction Manager at-Risk contract (“CMAR”) for Santa Ana River (E01) Avio Tide Gates Replacement (“Project”) located at Santa Ana River, upstream PCH. The awarded proposal (“Contract”) will provide a negotiated Guaranteed Maximum Price (“GMP”) for Pre-Construction Services between the County and the selected Respondent (“CMAR Entity” or “CMARE”). The County may, at its sole discretion, exercise its option to negotiate a GMP for the construction of the Project with the CMARE and will return to the Board of Supervisors for authorization to execute a construction services contract.

SECTION I Introduction and Instructions to Respondents SECTION II Response Requirements

SECTION III Model Contract Pre-Construction Services SECTION IV Model Contract Construction Services

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

Schedule of Activities Time Date RSVP for Pre-Submittal Meeting and Site Visit 2:00pm 3/9/2026 Mandatory Pre-Submittal Meeting and Site Visit 10:00am 3/10/2026

Question & Answer Period Ends 2:00pm 3/17/2026 Electronic Proposals due 2:00pm 3/31/2026

Interviews 9:00am TBD

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

* If the Respondent is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation.

RETURN THIS SHEET WITH YOUR RESPONSE

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

Date:_______________________ Company Legal Name:_______________________________

*Authorized Signature Name Title

*Authorized Signature Name Title

INSTRUCTIONS:

1. SUBMIT PROPOSAL IN MS WORD

FORMAT OR TEXT SEARCHABLE PDF

THROUGH COUNTY’S ONLINE

BIDDING SYSTEM.

2. ALL PROPOSALS AND FEE PROPOSALS

ARE TO BE IDENTIFIED WITH RFP#.

3. FOR FURTHER INFORMATION,

CONTACT OC PUBLIC

WORKS/PROCUREMENT AT

THANH.VU@OCPWOCGOV.COM

PROPOSALS MUST BE

RECEIVED BEFORE

2:00 pm PST

ON

03/31/2026

PROPOSAL NUMBER:

RFP 080-080-2878902-TV

ORANGE COUNTY

OC Public Works Procurement Services 601 N. Ross Street Santa Ana, CA 92701 https://opengov.com/products/procurement/suppliers/ mailto:THANH.VU@OCPWOCGOV.COM

2878902 3 of 127

TABLE OF CONTENTS

Page No.

COVER PAGE

TABLE OF CONTENTS

SECTION I: INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

A. Introduction B. Background C. General CMARE Scope of Services D. Non-Mandatory Pre-Submittal Meeting and Site Visit E. Selection Process/Proposed Time Schedule F. Instructions to Respondents and Procedures for Submittal G. Evaluation Process and Criteria H. Selection/Award Procedures I. W-9 Requirements J. Campaign Contribution Disclosure Requirements

SECTION II: RESPONSE REQUIREMENTS

Part 1

a. Cover Letter/Executive Summary

b. Validity of Proposal

c. Certification of Understanding

d. Essential Requirements for Qualifications Statement

e. Certificate of Insurance

f. W-9 Requirements

g. Conflict of Interest

h. Statement of Compliance

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

j. Non-Collusion Declaration Form

k. Iran Contracting Act Certification Form

l. In Use Off Road Diesel Fueled Fleets Regulation Form…………………………….17

m. Contractor Safety Responsibility Form………………………………………....……17

n. Contractor Safety – Activity Checklist………………………………………………18

o. Campaign Contribution Disclosure Form……………………………………………18

Part 2 Company Profile & References

Part 3 Respondent’s Proposal

SECTION III: MODEL CONTRACT – PRE-CONSTRUCTION SERVICES

SECTION IV: MODEL CONTRACT - CONSTRUCTION PHASE SERVICES

SECTION I

INTRODUCTION

AND

INSTRUCTIONS TO RESPONDENTS

C032831 5 of 127

SECTION I: INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

A. INTRODUCTION

The Orange County Flood Control District relies on County of Orange staff to carry out its duties pursuant to the Orange County Flood Control District Act, Water Code App. §§ 36-1 et seq., and County of Orange staff are conducting this solicitation on behalf of Orange County Flood Control District.

County is seeking proposals from contractors to provide construction manager services with a negotiated Guaranteed Maximum Price (“GMP”) for the Pre-Construction Services and a negotiated GMP for the Construction Services for the Santa Ana River (E01) Avio Tide Gates Replacement, which is located at Santa Ana River, upstream PCH. The County is currently developing the project construction documents. The cost estimate is approximately $4.22M for this project.

The delivery method for this Project is Construction Manager at-Risk (“CMAR”) and will consist of Pre-Construction Services and Construction services. The successful Respondent (“Construction Manager at-Risk Entity” or “CMARE”) will collaborate with the County’s Project Manager and Engineer of Record on the design, constructability, cost, project approach and schedule of the Project throughout the life of the Project.

The County intends to award a Contract using best value method to a Respondent that possesses or obtains sufficient bonding for the Construction Services and risk and liability insurance as required. The CMARE shall provide Pre-Construction and Construction Services for a negotiated GMP(s), as proposed in accordance with Contract requirements set forth in RFP Sections III and IV. The County may, at its sole discretion, exercise its option to negotiate a GMP for the construction of the Project with the CMARE and shall execute the Construction Services Contract at a later date.

B. Background

Orange County Public Works (OCPW), on behalf of the Orange County Flood Control District, is seeking a qualified contractor for the replacement of two aging tide gates along the Santa Ana River in Huntington Beach, CA. The system has reached the end of its service life and requires full replacement of both main gates.

The gates regulate tidal water flow to the Santa Ana River Marsh and are located on the easterly side of the Santa Ana River, upstream of Pacific Coast Highway (PCH). The south gate is approximately 0.5 miles upstream from the river mouth, while the north gate is approximately 1.5 miles upstream. Each gate is regulated by a float and counterweight housed in a reinforced concrete box culvert, which raises/lowers the gate based on the water level within the marsh, referred to as an “Avio-style” tide gate.

The preliminary scope includes in-kind replacement of the existing gates with stainless steel tide gates and any additional rehabilitation of gate appurtenances including, but not limited to, two concrete box culverts, fencing, tide gate security enclosure, and dredging to remove built-up sediment. Temporary water diversion and environmental protection measures will be critical throughout construction.

C. GENERAL CMARE SCOPE OF SERVICES

The CMARE becomes a collaborative member of the County’s Project team members. The CMARE will support the County’s Project team members during the Pre-Construction Phase and Construction Phase and will potentially hold the Construction Phase Contract for the Project. Following completion of the Project constructability review, but prior to construction, the CMARE will assume the risk of delivering the Project through a Guaranteed Maximum Price (GMP) Contract. The CMARE will be responsible for construction means and methods, budgeting, cost estimating, scheduling, constructability review and

2878902 6 of 127 value engineering studies and may be required to solicit proposals from subcontractors to perform the work (see Section II “Scope of Work”).

The classification of the CMARE’s license required in the performance of this Contract is Class A.

A. Pre-Construction Services by the CMARE may include, but are not limited to, the following:

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

b. Detailed cost estimating and knowledge of marketplace conditions;

c. Project planning and scheduling;

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

e. Alternate systems evaluation and constructability studies;

f. Advise County on ways to gain efficiencies in project delivery;

g. Advise and initiate procurement of long-lead items;

h. Assist in the permitting processes;

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

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

k. Advise County on choosing green building materials;

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

m. Constructability review of project design plans.

B. Construction Services by the CMARE may include, but are not limited to, the following:

a. Coordinate with various County of Orange departments, other agencies, utility companies, etc.;

b. Comply with project Mitigated Negative Declaration (MND) CEQA document’s requirements of mitigation and monitoring of the site construction;

c. Arrange for procurement of materials and equipment;

d. Schedule and manage site operations;

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

f. Provide quality controls;

g. Provide commissioning phase services;

h. Bond and insure the construction;

i. Address all federal, state and local permitting and reporting requirements; and

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

D. MANDATORY PRE-SUBMITTAL MEETING AND SITE VISIT

1. Pre-Submittal Meeting and Site Visit will be held on March 10, 2026, at 10:00am local time and no one will be admitted after 10:10 am. The Meeting will be located at 1299 Victoria St, Costa Mesa, CA 92627. At this meeting, County staff will discuss the Project, the scope of work and general contract issues. The Pre-Submittal Meeting and Site Visit will be conducted one time only.

Attendance and sign-in at the Pre-Submittal Meeting and Site Visit is required. Contractor must stay until the meeting has ended. Failure of any Respondent to attend this Mandatory Pre-Submittal Meeting and Site Visit shall constitute a substantial variation from the requirements of the Contract Documents and the Bid of any Bidder not in attendance will be rejected as non-responsive. The Respondent will have 7 days after the Pre-Submittal Meeting and Site Visit to submit questions. All questions must be submitted via the OpenGov website.

2878902 7 of 127

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

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

E. SELECTION PROCESS/PROPOSED TIME SCHEDULE

The CMARE will be selected through a qualification-based selection process. Interested Respondents will submit a proposal package as a response to the Request for Proposal (“RFP”). An Evaluation Panel will evaluate each proposal submitted according to the criteria set forth in Paragraph F, Evaluation Process and Criteria below, and establish a shortlist of the highest ranked Respondents. The shortlisted finalists may, at the County’s discretion, be invited to participate in detailed interviews. An interview invitation letter to each shortlisted Respondent will provide the scheduled date/time and questions to be answered and scored during the interview presentation.

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

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

F. INSTRUCTIONS TO RESPONDENT’S AND PROCEDURES FOR SUBMITTAL

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

Note: This is a fully electronic RFP. Respondents must submit their proposals online via OpenGov website at County’s online bidding system. Only electronic proposals will be accepted.

Facsimile and e-mail proposals will NOT be allowed.

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

The County has attempted to provide all information available. It is the responsibility of each Respondent to review, evaluate, and, where necessary, request any clarification prior to submission of a Proposal. If any person contemplating submitting a response to this Request for Proposals is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they may submit a written request for clarification/interpretation to the County Deputy Purchasing Agent (DPA) via the OpenGov website at: County’s online bidding system under the bid page for this solicitation.

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

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

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

https://opengov.com/products/procurement/suppliers/

2878902 8 of 127

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

3. Proposals must be valid for a period of at least one hundred and eighty (180) calendar days from the Proposal due date. No Proposal may be withdrawn after the Proposal due date.

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

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

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

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

7. By submitting a Proposal, the Respondent represents that it has thoroughly examined the County’s requirements and is familiar with the services required under this RFP and that it is qualified and capable of providing the services to achieve the County’s objectives.

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

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

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

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

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

This shall be submitted in a sealed envelope clearly marked on the outside with “Price Proposal”

2878902 9 of 127 for RFP 080-2878902-TV and shall bear the Respondent’s name and be signed. This will be used for negotiations.

13. County reserves the right to: a) negotiate the final Contract with any Respondent(s); b) withdraw this RFP in whole or part at any time without prior notice (the County makes no representations that any Contract will be awarded to any Respondent responding to this RFP); c) award its total requirements to one (1) Respondent or to apportion those requirements among two (2) or more Respondents; and/or d) reject any Proposal if it is conditional, incomplete or deviates significantly from the services requested in this RFP.

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

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

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

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

17. Each Respondent shall exercise reasonable care and diligence to avoid submitting a Proposal that could result in a conflict of interest if Respondent were to be selected as the CMARE. This obligation shall apply to the Respondent; the Respondent’s employees, agents, and relatives; sub-tier contractors; and third parties associated with accomplishing work and services in Respondent’s Proposal. In the event Respondent has done work for the County on this Project in the past or has reason to believe that a conflict of interest may exist for Respondent in regard to this Project, Respondent should consult with its legal counsel prior to responding to this RFP.

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

18. Rights Reserved to County:

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

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

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

Beginning on the date the RFP is issued and until the date a Contract is awarded or the RFP withdrawn, all persons or entities that respond to the RFP, including their employees, agents, representatives, proposed partner(s), subcontractor(s), member(s), or any of their lobbyists or attorneys (collectively Respondents), will refrain from any direct or indirect contact with any person (other than the designated Deputy Purchasing Agent) who may play a part in the selection process, including members of the evaluation panel. As long as the RFP solicitation

2878902 10 of 127 is not discussed, Respondents may continue to conduct business with the County and discuss business that is unrelated to the RFP solicitation with the County staff.

G. EVALUATION PROCESS AND CRITERIA

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

The scoring is based on evaluation of the Proposal as measured against the Scoring Criteria. Proposals will be evaluated and ranked from the most advantageous to the least advantageous to the County. The CMAR Pre-Construction Services Contract shall be made to the responsible Respondent whose Proposal is determined by the County to be the best value based on the evaluation factors included in this RFP.

Evaluation Scoring, which includes County of Orange Procurement Preference Policy, shall be conducted in accordance with Sections 1.8-103 and 4.3-112 of the 2024 County Contract Policy Manual (CPM). A copy of the 2024 CPM can be found at https://cpo.ocgov.com/sites/cpo/files/2024- 07/2024%20Contract%20Policy%20Manual%207.2.24.pdf or can be provided upon request.

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

1. Written Proposal Scoring Format: 500 points maximum

Criteria Description Maximum Points

1 Qualification, Related Experience and Technical Expertise 150 2 Proposed Work Plan/Project Approach 85 3 Proposed Staffing and Project Organization 85 4 Financial Condition and Safety Record 80

5 Proposal Organization/Completeness of Response/Additional Information 80

6 Compliance with County Model Contracts* 20

Total 500

* NOTE: Respondents submitting exceptions to the County Model Contracts listed in Section III and Section IV of this RFP, will receive a score of “0” for these criteria.

2. Presentation/Interview Scoring Format: 400 points maximum

County reserves the right to conduct, or to not conduct, oral interviews and/or presentations with the highest-ranked Respondent(s). The decision whether to conduct oral interviews/presentations rests solely with County and the decision of the DPA is final. Respondents shall be ready to attend interview within five (5) calendar days of notification. Any inquiry to determine the responsibility of a Respondent to this RFP may be conducted. Respondent agrees that the submission of a Proposal is permission by Respondent for County to verify all information contained therein. If County believes it necessary, additional information may be requested from Respondent. The County may also send written questions and ask for written responses within five (5) business days.

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

https://cpo.ocgov.com/sites/cpo/files/2024-07/2024%20Contract%20Policy%20Manual%207.2.24.pdf https://cpo.ocgov.com/sites/cpo/files/2024-07/2024%20Contract%20Policy%20Manual%207.2.24.pdf

2878902 11 of 127

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

3. Price Proposal: 100 points maximum

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

H. SELECTION/AWARD PROCEDURES

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

The Model Contract for Pre-Construction Services contained in Section III of this solicitation is the Contract proposed for execution. It may be modified to incorporate negotiated items and other pertinent terms and conditions set forth in this solicitation, including special conditions and requirements and those added by addendum and necessary attachments and/or exhibits and to reflect the Respondent’s proposal and qualifications.

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

Negotiations may or may not be conducted; therefore, the Proposal submitted should contain Respondent’s most favorable terms and conditions, since the selection and award may be made without further discussion.

Exceptions to the terms and conditions of the proposed Contract or the statements regarding Respondent’s inability to comply with any of the provisions thereof are to be declared in the response to the RFP in Section II, Part 1, h, “Statement of Compliance”.

I. W-9 & W8 REQUIREMENTS

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

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

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

In order to comply with this requirement, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the selected CMARE agrees to furnish to the Contract administrator, the Purchasing Agent, or the agency/department Deputy Purchasing Agent the required W-9 or W-8.

J. CAMPAIGN CONTRIBUTION DISCLOSURE COMPLIANCE

2878902 12 of 127

Effective January 1, 2023, all contractors entering into a contract with the County, will be required to submit the Campaign Contribution Disclosure Form for any contributions made on or after January 1, 2023. In order to comply with this requirement, Respondent agrees to furnish the required Campaign Contribution Disclosure Information form as a required submittal with its Proposal. Failure to include the form as required will render the Proposal nonresponsive.

2878902 13 of 128

SECTION II

RESPONSE REQUIREMENTS

Construction Manager at Risk (CMAR) - Santa Ana River (E01) Avio Tide Gates Replacement

2878902 14 of 127

SECTION II: RESPONSE REQUIREMENTS

Proposals must be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis.

Proposals are limited to 25 single sided pages, using a legible font no smaller than 11-point.

Response to Part 1, Part 2 and Part 4 will not count against the 25-page limit.

All items submitted in Part 3 including the cover page, resumes, table of contents, section/tab dividers, graphics, pictures, etc. will count toward the 25-page limit. No exceptions.

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

A. Responsive proposals shall include the following completed submittals:

1. Part 1 – Compliance Statements

a. Cover Letter/Executive Summary

b. Validity of Proposal

c. Certification of Understanding

d. Essential Requirements for Qualifications Statement

e. Certificate of Insurance

f. W-9 Requirements

g. Conflict of Interest

h. Statement of Compliance

i. Compliance with Public Contract Code

j. Non-Collusion Declaration Form

k. Iran Contracting Act Certification Form

l. Campaign Contribution Disclosure Form

m. In-Use Off Road Diesel Fueled Fleets Regulation Form

n. Contractor Safety Responsibility Form

o. Contractor Safety – Activity Checklist

2. Part 2 – Company Profile & References

3. Part 3 – Respondents Proposal

4. Part 4 – Safety Contractor Documents

a. Contractor Safety Responsibility Form

b. Contractor Safety – Activity Checklist

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

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

2. W-9 Current signed form W-9 (Taxpayer Identification Number & Certification) which includes CMARE’s legal business name(s).

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

2878902 15 of 127

Part 1:

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

a. Cover Letter/Executive Summary

All proposals must be accompanied by a cover letter of introduction and executive summary of the proposal. The cover letter must be signed by person(s) with authority to bind the Respondent. If the Respondent is a corporation, two (2) signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation. An unsigned or improperly signed Proposal submission is grounds for rejection of the proposal and disqualification from further participation in this RFP process. All Proposals shall include in this first tabbed section, the Cover Page of this RFP and any subsequent addenda issued to this RFP with appropriate signatures as required.

b. Validity of Proposal

The County requires that all Proposals be valid for at least one hundred and eighty (180) calendar days.

Submissions not valid for at least one hundred and eighty (180) days will be considered non-responsive.

The Respondent shall state the length of time for which the submitted proposal shall remain valid below:

Validity of Proposal (in days) Signature required

c. Certification of Understanding

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

A. Such understanding or representations are expressly stated in the Contract; and B. The Contract expressly provides that the County therefore assumes the responsibility.

Representations made but not expressly stated and for which liability is not expressly assumed by the County in the Contract shall be deemed only for the information of the Respondent.

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

(Signature required)

d. Essential Requirements for Qualifications Statement

The Respondent shall certify that it meets all minimum qualifications and requirements set forth in this Section II by signing below.

2878902 16 of 127

e. Certificate of Insurance

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

f. W-9 Requirements

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

(Signature required)

g. Conflict of Interest Respondent must certify either 1 or 2 by signing below:

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

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

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

OR

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

2878902 17 of 127

h. Statement of Compliance

Respondent must certify either 1 or 2 by signing below:

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

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

OR

b. This response is in strict compliance with said RFP, including the terms and conditions set forth in Section III & IV- Model Contract and their Attachments, except for those proposed exceptions listed in a separate attachment hereto.

A. Attachment for each proposed exception must include:

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

2. The complete provision Respondent is taking exception to;

3. The Respondent’s suggested rewording;

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

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

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

By signing below, Respondent provides an enforceable commitment that it and its subcontracts at every tier will use a skilled and trained workforce to perform all work on the Project that falls within an apprenticeable occupation in the building and constructions trades as required by Public Contract Code 20146(c). Respondent understands its proposal shall not be considered unless this commitment is given.

The Following Forms to be completed through OpenGov

j. Non-Collusion Declaration Form

k. Iran Contracting Act Certification Form

l. In Use Off Road Diesel Fueled Fleets Regulation Form

m. Contractor Safety Responsibility Form

2878902 18 of 127

n. Contractor safety activity checklist

o. Campaign Contribution Disclosure Form

2878902 19 of 127

Part 2:

Company Profile & References

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

Company Legal Name:

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

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

Corporate Office Address:

Local Business Address:

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

DIR Registration Number: ______________________Website Address: __________________________

DVBE Certification No. ____________ SBA Certification No. ________________

(If not certified please put N/A)

Website Address:

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

Email Address:

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

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

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

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

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

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

Regular business hours:

Regular holidays and hours when business is closed:

Contact person in reference to this solicitation:

http://www.dnb.com/

2878902 20 of 127

Email Address:

Contact person for accounts payable:

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

Email Address:

Name of Project Manager:

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

Email Address:

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

Name of contact during non-business hours:

Email Address: Cell or Pager Number:

2878902 21 of 127

Company Profile & References (Continued) References

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

Company Name: Telephone Number:

Contact Name(s): Email:___________________________

Address: _________________________________

Contract Effective Dates: Contract Amount:

Brief Contract Description:

Company Name: Telephone Number:

2878902 22 of 127

Number of projects the Respondent has completed in Orange County ______________________

2878902 23 of 127

Part 3:

Respondent’s Proposal

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

1. QUALIFICATIONS, RELATED EXPERIENCE, AND TECHNICAL EXPERTISE

This section of the proposal will establish the ability of Respondent company or team to satisfactorily perform the required work by reasons of experience in performing services of a similar nature, demonstrated competence in the services to be provided, strength and stability of the team, staffing capability, work load, record of meeting schedules on similar projects, and supportive client reference As part of its response to the following, Respondent should justify how the minimum qualifications/requirements specified below have been satisfied.

The following are minimum qualifications/requirements:

A. Respondent shall:

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

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

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

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

4. Identify at least 3 comparable projects in which the Respondent served as either General Contractor, Job Order Contracting (JOC), CMARE, DB Entity (DBE) or agency Construction Manager during pre-construction and construction phases. Include the following information for each project:

a. Project description and location;

b. Project photos.

c. Role of the Respondent. If CMARE, DBE, or General Contractor, identify the percent of work self- performed. Also specify services provided during pre-construction phase, i.e. cost estimating, scheduling, value engineering, etc.);

d. Project’s original contracted construction cost and final construction cost (if CMAR, include GMPs and both owner and contractor contingencies)

e. Construction dates

f. Project County

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

h. Consultants utilized;

i. Key Personnel utilized.

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

2878902 24 of 127

2. PROPOSED WORK PLAN/PROJECT APPROACH

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

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

a. Quality performance;

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

c. Responsiveness to County staff and project requirements;

d. Coordination between Respondent and County staff; and,

e. Uninterrupted operations and security in critical facility.

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

3. Respondent shall propose enhancement, procedural or technical innovations to the Scope of Work that do not materially deviate from the objectives required content of the project.

4. Respondent proposals shall include any identified Value Engineering and/or Alternate Systems Evaluation opportunities based on the Contract Documents and their proposed work plan.

5. Respondent proposals shall include specific proposed work tasks and measurable end products to accomplish the tasks outlined in Section III: Model Contract Pre-Construction Services, Attachment A, Scope of Work.

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

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

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

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

9. Describe your project management approach and organization during design phase and construction phase. Describe systems used for planning, scheduling, estimating and managing construction. Briefly describe the team’s experience on quality control, dispute resolution and safety management.

10. Describe how the Respondent intends to address public relations, community/customer outreach and stakeholder involvement in conjunction with the County and County Public Information Officer (PIO). Said work may consist of the Respondent providing stakeholder/community briefings and meeting coordination, public relations/community

2878902 25 of 127 relations reporting to the County and stakeholders and provide ongoing updated informational materials such as project fact sheets, public notes, etc.

11. Provide information on the planned organization of Respondent’s project staff that will be used on the Project for the design phase. Include basic staffing levels. Describe capabilities to plan, organize, cost and schedule development/management.

12. Provide approach work plan for project. Indicate clear understanding of County’s needs and objectives.

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

14. Subcontractor Selection Plan – Please refer to Section III, Model Contract – Pre- Construction Services, subsection 2.8 (Major Subcontractor and Major Supplier Selections) for subcontract selection plan criteria.

3. PROPOSED STAFFING AND PROJECT ORGANIZATION

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

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

a. Identify key staff members proposed to perform Services and include major areas of subcontractor work. Key staff members shall be identified, at a minimum, for the Project Management which shall have a minimum of ten (10) years of experience in similar or comparable projects.

b. Identify subcontractors (if any) that will be assigned to perform services listed in the Scope of Work, by Company name, address, contact person, telephone number and project function, ect.

Please refer to Attachment B of the Model Contract.

c. For each key person identified, list their length of time with the Respondent and at least two, but no more than eight, comparable projects in which they have played a primary role. If a project selected for a key person is the same as one selected for the Respondent, provide just the project name and the role of the key person. For other projects provide the following:

i. Description of the project;

ii. Role of the key person;

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

iv. Construction dates;

v. Project Owner;

vi. Reference information (two current names with telephone numbers per project); and,

vii. List any proposed consultants, including key staff names and the experience and qualifications of these individuals.

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

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

2878902 26 of 127

f. Include Attachment B, Staffing plan from Section III, Model Contract Pre-Construction Services.

4. FINANCIAL CONDITION AND SAFETY RECORD

A. Provide a general description of the Respondent’s (if applicable, the prime’s and subcontractor’s) financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, or impeding merger) that may impede Respondent’s ability to complete the services.

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

C. Provide a notarized letter from your surety company with the maximum bonding capacity of the Respondent.

D. Experience Modification Rate (EMR) for the past three years. Respondent shall submit Insurance Broker’s or Certified Safety Professional’s letter with explanation of EMR.

a. If your EMR for the last years is or was higher than 1.00, you may, if you wish, attach a letter of explanation on a separate signed page or pages;

b. List number of documented safety…