Orange_County_District_Attorneys_Office_Public_Works_Unit_2023.pdf
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- Attached to
- CONSTRUCTION MANAGER AT RISK (CMAR) FOR THE GARDEN GROVE MAIN LIBRARY & LA HABRA LIBRARY REMODEL PROJECT
- Solicitation number
- CMAR-RFP-080-2603601-JM
- Issued by
- Orange County, San Francisco City, California
About this file
This file contains an informational document from the Orange County District Attorney's Office Public Works Unit and the related County of Orange solicitation for Construction Manager at Risk (CMAR) services for library renovation projects. The Orange County District Attorney's Public Works Unit, established in June 2011, investigates and prosecutes contractors and subcontractors who violate prevailing wage requirements and commit workers' compensation fraud on public works projects. The related solicitation seeks qualified CMAR entities to manage comprehensive renovation projects for the Garden Grove Main Library and La Habra Library in California, with an estimated total project cost of approximately $11,000,000. Respondents must hold an active Class B Contractor's License and be capable of performing at least 20% of the work with their own organization. Non-mandatory pre-submittal meetings are scheduled for April 23, 2024 at Garden Grove Main Library and April 24, 2024 at La Habra Library, with questions due by May 2, 2024 and proposals due by 2:00 p.m. PST on May 9, 2024. Tentative interviews are scheduled for the week of May 27, 2024.
The evaluation process will be qualifications and cost-based, with 1,000 total points distributed across written proposal (500 points), presentation/interview (400 points), and price proposal (100 points). Funding is provided by the County of Orange. All work performed on County property requires prevailing wages in compliance with Labor Code Section 1771.1(a), and the solicitation references the Orange County District Attorney's Public Works Unit information for prevailing wage guidance. Contractors and subcontractors must maintain certified payroll records in accordance with Labor Code Section 1776, including employee names, addresses, social security numbers, work classifications, hours worked, and actual wages paid. The successful CMAR will be responsible for design review, cost estimating, project planning, scheduling, constructability studies, subcontractor selection, and providing a negotiated Guaranteed Maximum Price (GMP) for pre-construction services. Performance Bonds and Payment Bonds, each for 100% of the contract amount, are required. The County retains the right to reject any or all proposals and waive any informality in received proposals.
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Orange County
District Attorney’s Office
Public Works Unit
The District Attorney’s Office created a new Public Works Unit within our
Workers Compensation Insurance Unit in June 2011.
This unit was created to ensure that contractors bidding on Public Works projects are on an even playing field and also to protect the wages and benefits of employees working on these projects. The unit focusses on investigating and prosecuting contractors and their agents who underpay employees prevailing wages as well as commit fraud in the workers’ compensation arena.
Work with Department of Industrial Relations (DIR), Employment
Development Department (EDD),California Department of Insurance
(CDI), and Contractor State License Board (CSLB).
OCDA PUBLIC WORKS UNIT
Labor Code Section 1776(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the
Underground Economy established
Unemployment Insurance Code and pursuant other to Section 329 of the law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records.
Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint
Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number.(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
CERTIFIED PAYROLL REQUEST
1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
LABOR CODE 1776
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
LABOR CODE 1776
Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating the information contained in the payroll record is true and correct.
CERTIFIED PAYROLL RECORD
Form can be located at: https://www.dir.ca.gov/dlse/Forms/PW/DLSEFormA-1-131.pdf
Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating the information contained in the payroll record is true and correct.
PENALTY OF PERJURY
Form can be located at: https://www.dir.ca.gov/dlse/Forms/PW/DLSEFormA-1-131.pdf
INCORRECT
FORM
COMMON CHARGING SECTIONS
Labor Code 1778 – Taking and receiving portion of worker’s wage on Public Works
Worker’s Compensation
Penal Code 115(a) – Record false and forged Instrument
Insurance Code 11760(a) – Misrepresent Facts to
Insurance Company
Insurance Code 11880(a) – Fraud against State Compensation Insurance Fund
Unemployment Insurance Code 2117.5 – Failure to properly report payroll taxes
Unemployment Insurance Code 2118.5 – Willful failure to pay tax
TAKING OR RECEIVING PORTION
OF WAGES OF WORKMAN
Labor Code 1778
Every person, who individually or as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes, receives or conspires with another to take or receive, for his own use or the use of any other person any portion of the wages of any workman or working subcontractor, in connection with services rendered upon any public work is guilty of a felony.
• The defendant was a contractor, subcontractor, or with awarding body, doing public work;
• The defendant had a worker to render service upon a public works project;
• The worker should have been paid full prevailing wage in connection with the public work labor;
• The defendant took a portion of the worker's wages
PREMIUM FRAUD
Labor Code 11760(a)
Commission of premium fraud constitutes a Felony crime under the provisions of
Insurance Code §11760(a) if the insurance company defrauded is a private insurance company .
1. A person made, or caused to be made, any knowingly false or fraudulent statement
2. The statement was made either orally or in writing;
3. The statement contained a fact material to the determination of the premium, the rate, or cost of the insurance
4. The person made that statement for the purpose of reducing the premium, reducing the rate, or reducing the cost of insurance.
Defendants Filed on: 42
Search Warrants Served: 80+
Grand Jury Indictments: 4
ACTIVITY SINCE JUNE 2011
CONTRACTOR STATUS
General Contractor Completed – Received 2 years prison
Subcontractor / Fire Sprinkler Completed - Received 2 years prison
Subcontractor / HVAC Convicted 37 counts. Sentence pending
General Contractor Defendant 1 year jail and probation. Co-defendant 7 years 4 months
Subcontractor / Electrician (Bookkeeper & Office Manager)
Completed – (2) defendants received 6 months jail time and 3 years probation
Landscaper 90 days by Court with full restitution. % years Formal Probation
General Contractor (Office worker, superintendent and owner)
Court Case pending- 6 co-defendants
General Contractor (Superintendent and subcontractor)
Court Case pending- 3 co Defendants 1 Defendant pending sentencing PG 29 Counts
Subcontractor/Bookkeeper 16 months, 3 years mandatory supervision/ 30 days jail probation
CONTACT INFORMATION
DDA Raymund Diaz
Raymund.Diaz@ocdapa.org
(714) 402-0251
Investigator Eddie Gomez
Eddie.Gomez@ocdapa.org
(714) 329-3070
Insurance Fraud Hotline
Website:
(714) 648-3650 https://orangecountyda.org/workers-compensation-insurance-fraud/ mailto:Raymund.Diaz@ocdapa.org
QUESTIONS?
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