Sound_Monitoring_RFP_2026_final_for_release_locked.pdf

R_________ A_________ F________

Rev. 4/25

32ND DISTRICT AGRICULTURAL ASSOCIATION

SOUND MONITORING AND MITIGATION CONSULTING

SERVICES

HIGH SCORE

REQUEST FOR PROPOSAL

RFP NUMBER: SM-09-25

OC Fair & Event Center

88 Fair Drive Costa Mesa, California 92626

Date Issued: Wednesday, December 24, 2025

Bids must be received no later than Friday, January 16, 2026, 11:00 am Clearly marked with the following:

SOUND MONITORING AND MITIGATION CONSULTING SERVICES

RFP Number SM-09-25

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.

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 G

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 B – TO BE COMPLETED BY DISTRICT ……

SECTION C – SAMPLE OF DOCUMENTS TO BE AWARDED

Standard Agreement………………………………………………………………… 51

Exhibit A Scope of Work ……………………………………………………………...52 Exhibit B Budget Detail & Payment Provisions………………………………..……54

Exhibit C General Terms & Conditions………………………………………………55 Exhibit D Special Terms & Conditions……………………………………………….58

Exhibit E Insurance Requirements…………………………………………………...63 Exhibit F Megan’s Law………………………………………………………………...66 Exhibit G OCFEC Uniform & Identification Procedures…………………………….69 Exhibit H Additional Contract Terms & Conditions………………………………….70

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 Sound Monitoring and Mitigation Consulting Services in accordance with the Scope of work listed in this RFP and as directed by the District, from March 9, 2026 – March 8, 2028, 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- 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, December 24, 2025

N/A

Friday, January 9, 2026

Monday, January 12, 2026

Friday, January 16, 2026

Tuesday, January 20, 2026

Thursday, January 22, 2026

Thursday, January 29, 2026

Thursday, February 26, 2026

Monday, March 9, 2026

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 Friday, January 9, 2026.

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.

• 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%

• 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

• 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/gspd05-105.pdf 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.

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

A. 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.

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

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

D. 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:

a. 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.

b. "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.

c. 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 features 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 a highly qualified and professional company to provide property-wide Sound Monitoring and Mitigation Consulting Services with an emphasis on Pacific Amphitheatre, The Hangar and the Action Sports Arena at the OC Fair & Event Center. The Agreement term for these services shall be for March 9, 2026 – March 8, 2028, with three (3) 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.

• Minimum Requirements:

A. Contractor and/or Contractor Personnel shall have demonstrated technical ability in sound monitoring and mitigation.

B. Contractor and/or Contractor Personnel shall have demonstrated understanding of design criteria, technical requirements and an ability to adhere to the overall intent of the specifications contained in this RFP.

C. Contractor and/or Contractor Personnel shall have documented evidence of five (5) years of relevant experience providing similar services for the last two (2) years that is equivalent to the OC Fair and Event Center meeting the following requirements:

1. Two (2) or more consecutive days of performance in multiple locations in a fixed, non-touring application;

2. Concert venue services by Contractor had a minimum of 4,000 seating capacity;

3. Event venue services by Contractor had daily attendance of 30,000 or more per day;

4. Contractor was primary sound monitoring and mitigation service provider; and

5. Contractor serviced a minimum of one (1) equivalent venue in 2024 and/or 2025.

Scope of Work:

A. OVERVIEW OF CURRENT SOUND MONITORING AND MITIGATION

A general awareness of all District 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 property onto surrounding neighborhoods. Four (4) primary sound systems exist within the confines of the district property, all of which are included in the scope of this RFP. In addition to the four (4) systems described below, there maybe be other stages and/or noise generating activities on grounds such as carnival and food stand PA/sound systems, etc. that Contractor may be engaged by the District to address. See Part VIII, Attachments A-G for examples.

1. Pacific Amphitheatre

a. The Pacific Amphitheatre is an 8,200-seat, open-air outdoor venue which currently consists of a large line array speaker system along with complex stage monitoring systems.

b. This venue is primarily used during the annual OC Fair as a premier music venue, typically featuring a 23-day headline concert series with acts such as Steve Miller Band, the OffSpring, The B-52s, and Alan Jackson. Most recently, the summer concert series has been expanded to included up to 12 additional shows (pre- and post-Fair).

c. During the annual OC Fair, the venue generally operates Wednesday through Sunday from 6:00 pm to

10:00 pm.

d. Year-round events may include Pacific Symphony, Easter Sunday services, commencement ceremonies, music festivals, cultural events and expanded headline concerts throughout the year.

e. All events with amplified sound taking place at the Pacific Amphitheatre require sound monitoring and mitigation services determined by the District.

f. A Decibel Level and Sound Covenant for the Pacific Amphitheatre was established as a result of litigation brought against the District regarding noise complaints and must be adhered to at all times. Details of the Covenant are included below in Paragraph 5.A and 5.B

g. A detailed plan view and photos of the Pacific Amphitheatre is included in Part VIII, Attachment C.

2. The Hangar

a. The Hangar is a 23,000 square foot semi-enclosed concert and event venue with seating for approximately

1,430 people and additional standing room for 225 individuals.

b. During the annual OC Fair, various community acts take place on stage throughout the day, followed by a mid-level headliner/tribute band performance.

c. During the annual OC Fair, the venue typically operates from Wednesday through Friday 12:00 noon to

11:00 p.m. and on Saturday and Sunday from 11:00 a.m. to 12:00 p.m.

d. The Hangar sound system for the annual OC Fair currently consists of a line-array based stage system and includes two (2) small arrays flown outside to cover a portion of the Main Mall. The current sound system design is intended to focus the sound into the audience area using a high-Q line array approach. This approach currently includes a cardioid sub-woofer array, with the requirement to reduce, as much as possible, rear speaker radiation.

e. System frequency response is intended to cover the range of 50 Hz to 12 kHz +/- 4 dB in all seating and audience areas in The Hangar (Main Mall system excluded).

f. Year round, The Hangar is used for a variety of events, including boxing and other fighting events, music festivals, food festivals, corporate events, community performances, etc. Sound monitoring and mitigation services will be required on an event-by-event basis.

g. A detailed plan view and photos of The Hangar has been included in Part VIII, Attachment D.

3. Action Sports Arena

a. The Action Sports Arena is an outdoor, opened-air venue, with fixed grandstand and temporary seating for approximately 5,000 people and additional standing room for 500 individuals.

b. During the annual OC Fair, the venue typically operates Wednesday through Friday from 7:00 p.m. to 11: 00 p.m. and Saturday and Sunday from 6:00 p.m. to 11:00 p.m.

c. Events held during the annual OC Fair include X-Treme sports, Freestyle Moto-X, Speedway Motorcycle races, Monster Trucks, Demolition Derby, Hypnotist and other Entertainment programming.

d. Year round, events in the Action Sports Arena include weekly auto races facilitated by International

Speedway May through September.

e. In 2014, the District installed a permanent, multi-zoned, directional, high-performance sound system in order to maximize sound levels for the audience while minimizing out-of-venue sound and nuisance noise. The speaker type, focus and placement are designed to minimize sound spill into nearby populated areas. The District system includes all amplifiers, processing and speakers for the four audience grandstands.

f. A detailed plan view and photos of the Action Sports Arena has been included in Part VIII, Attachment E.

4. Country Meadows Stage

a. The Country Meadows Stage is a medium sized outdoor stage, operating under a large truss structure surrounded by temporary seating and several food and commercial vendors.

b. The Country Meadows sound system for the annual OC Fair currently consists of a medium line-array based PA system with limited amount of subs due to proximity to animals and vendors.

c. During the annual OC Fair, the stage typically operates Wednesday through Friday from 12:00 p.m. to 10:

00 p.m. and Saturday and Sunday from 12:00 p.m. to 11:00 p.m.

d. Community bands play on this stage during the day and paid performers play on this stage at night starting about 6pm.

e. Photos of this setup have been included in Part VIII, Attachment F.

5. Pacific Amphitheater Decibel Level and Sound Covenant

Property-wide noise mitigation is required, including compliance with the Pacific Amphitheatre Decibel Level and Sound Covenant detailed below which is included in all Pacific Amphitheatre performance contracts.

The following limitations on sound generated by events in the Pacific Amphitheatre as detailed in Paragraph A below have been established pursuant to litigation in the case of Orange County Fair Preservation Society v. 32nd District Agricultural Association, Orange County Superior Court No. 30-2012- 00538751 and cannot be exceeded under any circumstances. Further, in support of the standards in Paragraph A below, the District maintains decibel maximums for sound generated by events as witnessed by listening tests and measurements at various locations within the District property and surrounding housing areas. These restrictions are detailed in Paragraph B below. By entering into the agreement to provide entertainment at the Pacific Amphitheatre, the Contractor specifically agrees to abide by these limits and the directives of the designated Sound Monitor or other designee.

A. Sound Levels Standards

Sound Level Standards

Location Management: Sound Level:

Residential neighborhoods (housing areas) adjacent to the OC Fair & Event Center

55 dB(A)

The sound levels emanating from the Pacific Amphitheatre shall not exceed:

1. The application Sound Level Standard for a cumulative period of more than thirty (30) minutes in any hour; or

2. The applicable Sound Level Standard plus five (5) dB(A) for a cumulative period of more than 15 minutes in any hour; or

3. The applicable Sound Level Standard plus ten (10) dB(A) for a cumulative period of more than five

(5) minutes in any hour; or

4. The applicable Sound Level Standard plus fifteen (15) dB(A) for a cumulative period of more than one (1) minutes in any hour; or

5. The applicable sound level standard plus twenty (20) dB(A) for any period of time.

B. District-Required Sound Level Requirements

Sound Level Standards

Location Measurement: Sound Level:

The surrounding housing areas 55 dB(A)

Pacific Amphitheatre Front of House 100dB, no weighting

The sound levels emanating from the Pacific Amphitheatre shall not exceed:

1. The applicable Sound Level Standard for a cumulative period of more than thirty (30) minutes in any hour; or

2. The Applicable Sound Level Standard plus five (5) dB(A) for a cumulative period of more than fifteen

(15) minutes in any hour, as measured in the housing areas; or

3. The applicable Sound Level Standard plus ten (10) dB(A) for a cumulative period of more than five

(5) minutes in any hour, as measured in the housing areas; or

4. The applicable Sound Level Standard plus fifteen (15) dB(A) for a cumulative period of more than (1) one minute in any hour, as measured in the housing areas; or

5. The applicable Sound Level Standard plus twenty (20) DBA for any period of time.

Note that the Front of House sound system, stage monitors and band instruments, are all contributors to the environmental noise that fall under this agreement, separately and/or in combination.

Contractor shall be bound by this Decibel Level and Sound Covenant and shall at all times during any pre-concert sound checks and the concert itself, operate within the sound level restriction. Listening tests and random readings will be taken by the District throughout sound check and performance and Contractor will be advised by the District immediately in the event of any violation(s), whether the violation is based on the housing area listing test (based on the sole professional judgment of the District), a measurement, a complaint, or a combination thereof. Contractor agrees that upon discovery or notification by either the designated Sound Monitor or other designee of any occurrence of sound level exceedance, Contractor shall upon notice by the District immediately adjust the sound level to come into compliance with sound levels specification. The determination of sound level exceedance is at the sole discretion of the District's designated sound monitor or other designee.

The Contractor is advised that in the event of any repeated violation(s) of these standards by an audio provider, after notice by the Contractor, the audio provider may be subject to fines and/or penalties by public agencies other than the District, including federal, state, and/or local governmental or regulatory agencies.

In the event of repeated violations after notice by the Contractor, to the audio provider, the District may require the Contractor to immediately cease the performance.

B. GENERAL REQUIREMENTS

1. Contractor shall provide on the Financial Proposal Bid Form (see Part X - Forms) for both Sound Monitoring with an

“all inclusive” day rate and Sound Mitigation/Special Projects with an “all inclusive” hourly rate which will consist of all labor and expenses, setup & teardown including, but not limited to, hardware, software, equipment, supplies, personnel, materials, travel, accommodations, transportation and meals. All costs include California sales and any other taxes or fees, if applicable. Contractor shall not bill the District any additional charges.

2. The District will determine number of days and hours to be used for each Fair (Days subject to change due to pre-and post-Fair concerts and Fair schedule), District will notify Contractor of schedule 3-4 weeks in advance of Fair or event.

3. The District will determine number of days and hours to be used for year-round events (Event days/hours subject to change due to event schedule), District will notify Contractor of schedule 3-4 weeks in advance of event.

4. The District reserves the right to change and/or add any specification and/or schedules.

5. The final layout of sound equipment and systems will be identified in conjunction with District Management , audio provider and/or visiting productions. It is the Contractor's responsibility to ensure accurate readings.

6. The annual OC Fair setup and layout is subject to change from year to year.

7. The District will not be responsible for overtime charges. Contractor shall deploy sufficient labor resources to fulfill all requirements. Contractor services performed outside of “regular” business hours or on Saturday(s) and Sunday(s) shall not result in additional charges of overtime to the District. There will be no exceptions.

8. In support of the annual OC Fair, Contractor may be required for the initial pre-Fair sound testing. Requirements for engagement during the twenty-three (23) days of Fair will be determined based upon the District's approval of Contractor’s audio testing, and sound mitigation plans.

9. For year-round events where Contractor services are requested, Contractor may be required for the initial pre-event sound testing. Requirements for engagement during the event will be determined based upon the District's approval of Contractors audio testing and sound mitigation plans for those events.

10. The District will provide a list of personnel who are authorized to request services and/or provide instructions to Contractor. Contractor shall not accept instructions from or convey information to anyone not listed.

11. It is expected that the Contractor and/or Contractor’s personnel will conduct themselves in a thoroughly professional manner at all times.

C. SOUND MITIGATION/SPECIAL PROJECTS AND REQUIREMENTS

Contractor may be required to develop acoustic designs and models in conjunction with audio provider (using acoustic simulation software and other industry approved modeling methods) for the purpose of both mitigating noise and surrounding areas as well as preventing sound interference into non-performance areas. All acoustic designs should create the best overall experience for both performing artists and customers in the entertainment venues. Acoustic designs may be requested for the annual OC Fair as well as specified year-round events.

Requests may be made by the District for upgraded acoustic design suggestions of any existing entertainment venues including Pacific Amphitheatre, The Hangar, and Action Sports Arena. In addition, requests may be made by the District Management to provide acoustic design for any new entertainment venues identified during the term of this agreement.

Deliverables include written documentation of acoustic design and graphic models in report format, along with recommendations for making necessary adjustments to current and future venue sound systems. Progress reports may also be requested.

Contractor will conduct audio testing to establish an audio baseline to develop an appropriate and effective Sound Mitigation Plan. The Contractor Sound Mitigation Plan is to ensure compliance with sound covenant in surrounding neighborhoods (See Part V, Section A #5), to provide an exceptional experience for both customers…