Pre-Qualification_Packet.pdf

County of Orange, OC Public Works

Gilbert Street Improvement at Railroad Crossing (Phase 2) Pre-Qual # 080-2502501 -AC (PQ)

COUNTY OF ORANGE

OC PUBLIC WORKS

PROCUREMENT SERVICES

Pre-Qualification # 080-2502501-AC-PQ

Request for Pre-Qualification of Contractors for

Orange County Public Works

Gilbert Street Improvement at Railroad Crossing (Phase 2)

TABLE OF CONTENTS

PART 1. Request for Pre-Qualification of Contractors

I. General Requirements

II. Checklist of Required Submittals

PART 2. Pre-Qualification Questionnaire

I. Contractor Information Form

II. Essential Requirements for Qualification

III. Certification

PART 1

REQUEST FOR PRE-QUALIFICATION OF CONTRACTORS

REQUEST FOR QUALIFICATIONS OF CONTRACTORS

I. General Requirements

This Pre-Qualification process is to pre-qualify Contractors to be eligible to participate in the bidding process of the Contract for Gilbert Street Improvement at Railroad Crossing (Phase 2) with an estimated construction cost of $1,007,055.00, which will be advertised for bids to the pre-qualified contractors on

March 8, 2024.

A description of the project, scope of work, and details are provided on Page 7.

This Pre-Qualification process will include submittal by the Contractor of completed Pre-Qualification documents by the prescribed deadline and County’s evaluation of Pre-Qualification documents based on pass or fail. Only pre-qualified Contractors will be eligible to submit a bid for this project.

The Deputy Purchasing Agent (DPA) will provide all official communication concerning this Pre-

Qualification. With respect to this Pre-Qualification, any County response other than from the DPA and in writing will be unauthorized and the County shall bear no responsibility for any and all reliance upon the unauthorized communication.

PRE-QUALIFICATION PROCEDURE

A. Pre-Qualification Documents for the Contract for Gilbert Street Improvement at Railroad Crossing

(Phase 2) are available to interested Contractors. For a copy of the Pre-Qualification Documents, visit the OpenGov web site at the County’s online bidding system, Pre-Qualification <#IFB-080-

2502501-AC PQ.

Contractor questions for clarification or interpretation regarding the Pre-Qualification

Documents for this project shall be directed to: Amanda Casas, Deputy Purchasing Agent

(“DPA”), OC Public Works, via County’s online bidding system no later than, February 28, 2024, 2 p.m. to allow sufficient time for responses prior to submission deadline. If clarification from contractor questions of this Pre-Qualification is considered necessary by OC Public Works, a written addendum shall be issued. Any interpretation of, or correction to this Pre-Qualification, will be made only by an addendum issued by the DPA. It is the Contractor’s responsibility to ensure

Contractor has reviewed any and all addenda to this Pre-Qualification. OC Public Works will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

OC Public Works does not guarantee that you will receive addenda to this solicitation. Contractors should review the County’s online bidding system internet site for notice of addenda. It is the responsibility of Contractors to request all additional information/modifications to this solicitation.

It is mandatory that all Contractors who intend to submit a bid for the project specified above shall fully complete the pre-qualification questionnaire and provide all materials requested herein.

NOTE: For Contractors who intend to submit a bid for the project as part of a joint venture, it is mandatory that fully completed pre-qualification questionnaires are submitted and all materials requested herein are provided for each of the constituent entities that comprise the joint venture.

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

OC Public Works shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their Pre-Qualifications. OC Public Works shall not, in any event, be liable for any pre-contractual expenses incurred by Contractor prior to the date of award and execution of the Contract. Pre-contractual expenses are defined as expenses incurred by the

Contractor in: a) preparing documents in response to this Pre-Qualification; b) submitting an Pre-

Qualification to the County; c) negotiating with the County on any matter related to the Contractor’s

Pre-Qualification; and d) any other expenses incurred by the Contractor prior to the date of award and execution of the Contract.

B. Submittal Instructions

1. Contractors desiring to respond to this Pre-Qualification shall submit one (1) electronic copy of the completed documents (Questionnaire, and Certification).

2. Print or fill out the electronic Questionnaire document (single-sided sheets) and fill in the appropriate boxes. If additional information is required for an individual question, on a separate page, or pages, include the additional information, provide the Section and Question number

(e.g. Section III, A. Question 12.) at the beginning of the information provided, and include the contractor’s signature and date on each additional page. Upload any additional documentation and submit electronically along with the Pre-Qualification Questionnaire.

3. Place the “Contractor Information Form” at the beginning of the submittal documents.

4. All written information shall be submitted in an 8½ x 11 format, and single-sided.

5. Email, fax and paper submittals will not be accepted, no exceptions. Please submit everything electronically.

6. Please ensure that the company seal is legible (when copying the document, either use the darkest setting, or pencil over so it shows up).

7. Please also attach the certification portion of the Pre-Qualification Document and sign in pen. The County requires an actual signature in pen to be valid.

8. Failure to follow the required format may result in a delay for reviewing the documents or disqualification.

9. Pre-Qualification Documents are due before 2:00 p.m. (Pacific Time) on March 6, 2024 and shall be submitted electronically.

10. Pre-Qualification Document Submittals received after 2:00 p.m. Pacific

Time on the due date will not be accepted.

LATE SUBMITTALS WILL NOT BE ACCEPTED FOR ANY REASON.

C. OC Public Works will use the Pre-Qualification Documents as the basis to recommend to the

County Board of Supervisors whether Contractors meet the Pre-Qualification criteria. OC Public

Works may check other applicable sources of information outside of the Pre-Qualification

Documents.

D. Contractors will be notified by OC Public Works of the County’s Pre-Qualification determination.

The County may rescind a Contractor’s Pre-Qualification based on subsequently learned information. A Contractor that is pre-qualified may acquire bidding documents for this project after it is publicly advertised for bids and may formally submit a bid by the specified bid opening date as published in the project Notice Inviting Bids. A Contractor that is not pre-qualified is not eligible to submit a bid. While it is the intent of the Pre-Qualification Documents to assist the County in determining bidder responsibility prior to bid and to aid it in selecting the lowest responsible and responsive bidder, a bidder being pre-qualified will not preclude a post-bid evaluation of whether a bidder has the quality, fitness, capacity, and experience to satisfactorily perform the proposed work and has demonstrated the requisite trustworthiness.

E. Should a Contractor fail to be recommended for the pre-qualified bidders list, an appeal can be made by submitting written notice of an appeal (Notice of Appeal) to the Director of OC Public

Works within seven (7) calendar days of the date the Contractor was notified of OC Public Works

Pre-Qualification determination. Failure to file a timely Notice of Appeal shall result in the

Contractor’s waiver of any and all rights to challenge the Pre-Qualification determination, whether by administrative process, judicial process or any other legal process or proceeding. If the

Contractor gives the required Notice of Appeal and requests a hearing, the hearing shall be conducted within five (5) calendar days after OC Public Works receives the Notice of Appeal. The

Contractor may request, in writing, OC Public Works to advise it on the basis for the Pre-

Qualification determination and any supporting evidence that was received from others or adduced as a result of an investigation by OC Public Works.

A Hearing Panel shall be established and consist of three (3) panelists from various County of

Orange infrastructure departments, with a maximum of one (1) panelist from the procuring department. The hearing shall be an informal process conducted by a non-partial panel that has the authority to hear such appeals. The Contractor will be given the opportunity to present information and reasons in opposition to the determination.

Within three (3) business days after the conclusion of the hearing, the hearing Panel will render its decision in writing to the Contractor. The decision of the Appeals Panel shall be the County’s final administrative decision and any judicial review thereof shall be instituted no later than the time period referred to Section 1094.6 Code of Civil Procedure.

F. The Pre-Qualification Documents, questionnaire answers, and financial statements submitted by the Contractors are not public records and are not open to public inspection. All information provided will be kept confidential to the extent permitted by law. However, the contents may be disclosed to third parties for purpose of verification, or investigation of substantial allegations, or in the appeal hearing. State law requires that the names of contractors applying for Pre-

Qualification determination shall be public records subject to disclosure, and the first page of the

Contractor Pre-Qualification Questionnaire “Contractor Information Form” will be used for that purpose.

G. Pre-Qualification Documents must be signed under penalty of perjury in the manner designated at the end of the form (Certification), by an individual(s) who has the legal authority to bind the

Contractor on whose behalf that person is signing. If any information provided by a Contractor becomes inaccurate, the Contractor must immediately notify OC Public Works and provide updated accurate information in writing, under penalty of perjury.

H. Contractor shall exercise reasonable care and diligence to avoid submitting a Pre-Qualification that could result in a conflict of interest if Contractor were to be selected. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and relatives; sub-tier Contractors; and third parties associated with accomplishing work and services in Contractor’s Pre-Qualification. In the event Contractor 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 Contractor in regard to this project, Contractor should consult with its legal counsel prior to responding to this Pre-Qualification. Any Contractor who is found to have an actual conflict of interest may have its Pre-Qualification rejected on that ground.

PROJECT DESCRIPTION

Background

The work to be done consists, in general, of the following: install new traffic signals with railroad grade crossing protection devices, including new railroad crossing gates, raised center medians, new Americans with Disabilities Act compliant curb ramps and sidewalks, asphalt roadway, and a concrete railroad panel restoration.

Project construction cost is estimated at approximately $1,007,055.00.

LICENCES: Class A and C-10 are required in the performance of this project.

General Contractors shall perform and provide all adequate and competent labor, management, supervision, tools, and equipment to perform road work, structural work and storm drain work per the project’s plans, special provisions and the latest version of the Greenbook, except for Sections

209, 214, 307 and 314.

BID PERIOD: The anticipated bid period, which is subject to change, will begin March 8, 2024.

Contract time estimated to complete the project is anticipated to be 180 working days following the Notice to Proceed date.

CALIFORNIA STATE CONTRACTOR’S LICENSING REQUIREMENT: Copies of

California State Contractor’s licenses are not required to be submitted with the Pre-Qualification

Documents. However, all prospective bidders must possess the required licenses at the time of Pre-

Qualification Documents submission.

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENT: All prospective bidders must be registered with the DIR at the time of pre-qualification submittals.

BIDDER’S SECURITY: Bidder’s Security for the specific project is not required to be submitted at this time; however, at the time bids are submitted by the Pre-Qualified Bidders, each bid must follow the requirements as stated in the General Instructions and Provisions in the bid documents.

BONDS, INSURANCE AND EXECUTED CONTRACT: Bonds and Insurance for this specific project are not required to be submitted at this time; however, at the time bids are submitted by the

Pre-Qualified Bidders, each bid must follow the requirements as stated in the General Instructions and Provisions in the bid documents.

UNION PACIFIC RAILROAD RIGHT OF ENTRY AGREEMENT AND INSURANCE

REQUIREMENTS: Prior to beginning any work on or over the property of, or affecting the facilities of, the Union Pacific Railroad, the successful Bidder shall enter into an agreement with the UPRR in the form of the “Contractor’s Right of Entry Agreement.” This agreement shall be provided for bidders to review after the pre-qualification process has been completed.

III. Checklist of Required Submittals

This checklist is provided for the convenience of the contractor and is not to be included in the

Contractor’s Pre-Qualification Documents. Items listed here are required for submittal.

1. Contractor Information Form

2. Pre-Qualification Questionnaire:

All questions answered (Questions 1-9) with any supplemental pages attached (Section and Question numbers, and signature and date included on each additional page)

Signed and dated Certification (Section III) **Please make sure to sign in pen and make sure that the company seal is legible**

3. Notarized statement from an admitted surety insurer (approved by the California

Department of Insurance) and authorized to issue bonds per the specific project requirements (Part 2, Section II, Question 4).

PART 2

PRE-QUALIFICATION QUESTIONNAIRE

PRE-QUALIFICATION QUESTIONNAIRE

I. Contractor Information Form

[NOTE: The information on this page is NOT confidential and may be made available to the public.]

Company

Name:______________________________________________

(as it appears on CSLB license)

Organization Type (Select one):

Corporation

Partnership

Sole Proprietorship

Limited Liability Company

Contact Person: ___________________________________________________________________

Title: ___________________________________________________________

E-mail address: ___________________________________________________________________

Phone: ______________________________ Fax:_______________________

Local Address (P.O. Box is not acceptable): _____________________________________________

Contractor's California License Number(s) and Classification:

Classification:__________________ No.: _______________ Expiration Date:_____________

Classification:__________________ No.________________ Expiration Date:_____________

Classification:__________________ No.:________________ Expiration Date:_____________

Classification:__________________ No.:________________ Expiration Date:_____________

List your organization’s DIR Public Works Contractor (PWCR) Registration Number(s):

PWCR Number:________________ Entity Name: ________________________ Expiration Date:________

PWCR Number:________________ Entity Name: ________________________ Expiration Date:________

PWCR Number:________________ Entity Name: ________________________ Expiration Date:________

II. Essential Requirements for Qualification

Section I: Contractor will be immediately disqualified if the answer to any of Questions 1, 2, 3, or

4, is “no.”

1. Contractor possesses a valid and current California Contractor’s license for the project for which it intends to submit a bid.

Yes No

2. Contractor has a general liability insurance policy with a policy limit of at least $5,000,000 per occurrence and $10,000,000 aggregate.

3. Contractor has current workers’ compensation insurance policy as required by the Labor

Code or is legally self-insured pursuant to Labor Code section 3700 et. seq.

Yes No Contractor is exempt from this

Requirement, because it has no employees

4. Have you attached a notarized statement from an admitted surety insurer (approved by the

California Department of Insurance) and authorized to issue bonds in the State of

California, which states: (a) that your current bonding capacity is at least $1,007,055.001,

(b) the bonding company name, address, and telephone number? Notarized statement must be dated and notarized within 6 months of the Pre-qualification packet submittal.

Note: Notarized statement must be from the surety company, not an agent or broker.

Section II: Contractor will be immediately disqualified if the answer to any of Questions 5, 6, 7, 8, or 9 is “yes.”

5. Has your Contractor’s license been revoked at any time in the last five years?

6. Has a surety firm completed a contract on your behalf, or paid for completion because your firm was default terminated by the project owner within the last five (5) years?

7. At the time of submitting this Pre-Qualification form, is your firm ineligible to bid on or be awarded a public works contract, or perform as a contractor on a public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7?

1 An additional notarized statement from the surety may be requested by OC Public Works at the time of submission of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid.

8. At any time during the last five years, has your firm, or any of its owners or officers, been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract?

9. At any time during the past five (5) years, has your firm, or any of its owners or officers been a named party to an active case in a court of law with the County of Orange, any

County of Orange Department or special district, any County of Orange Elected official or any current or former member(s) of the Board of Supervisors?

NOTICE OF APPEAL RIGHT: In the event that contractor is disqualified due to any answers provided above, contractor may appeal this disqualification in writing within seven (7) calendar days, pursuant to the County’s Design and Construction Procurement

Policy Manual, Section 6.1-107, available from OC Public Works, III. Certification **Please make sure to sign in pen and make sure that the company seal is legible**

To County:

I, the undersigned, certify and declare that I have read all the foregoing answers in the Pre-Qualification documents and know their contents. The matters stated in the Pre-Qualification answers are true to the best of my knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I declare, under penalty of perjury under the laws of the State of

California, that the foregoing is correct.

IF A SOLE OWNER OR SOLE GENERAL CONTRACTOR, SIGN HERE:

(1) Name under which business is conducted

(2) Signature (first and last name) of proprietor Date:

IF A PARTNERSHIP, SIGN HERE:

(2) Signature (first and last name) of each member of partnership:

(Indicate character of each partner – general or special.)

Date:

IF A CORPORATION, SIGN HERE:

A corporation requires the signature of two corporate officers. One signature shall be that of the chairman of board, the president, or any vice president, and the second signature shall be that of the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer of such corporation.

(2) First Signature with official title of officer authorized to sign for the corporation Date:

(3) Second Signature with official title of officer authorized to sign for the corporation Date:

(IMPRESS CORPORATE SEAL HERE)

Incorporated under the laws of the State of

IF A LIMITED LIABILITY COMPANY, SIGN HERE:

A limited liability company requires the signature of a member or manager who is authorized to sign for the LLC.

(2) Signature with official title of person signing for the LLC

(IMPRESS SEAL HERE)

Incorporated under the laws of the State of