Pre-Qualification_Packet_IFB#080-2382303-TR.pdf

County of Orange, OC Public Works

Job Order Contract (JOC) for Pavement Maintenance Pre-Qual # 080-2382303-TR(PQ)

COUNTY OF ORANGE

OC PUBLIC WORKS

PROCUREMENT SERVICES

Pre-Qualification # 080-2382303-TR (PQ)

Request for Pre-Qualification of Contractors for

OC Construction

Job Order Contract (JOC) for Pavement Maintenance

TABLE OF CONTENTS

PART 1. Request for Pre-Qualification of Contractors

I. General Requirements

II. Pre-Qualification Procedure

III. Checklist of Required Submittals

PART 2. Pre-Qualification Questionnaire

I. Summary of Sections and Scoring Method

II. Contractor Information Form

III. Essential Requirements for Qualification

IV. Licenses and Bonding

A. Licenses

B. Bonding

V. Organization, History and Organizational Performance, Compliance with

Civil and Criminal Laws, Compliance with OSHA, Workers’ Compensation and Labor Legislation, Prevailing Wage and Apprenticeship

A. Current Organization and Structure of the Business

B. History of the Business and Organizational Performance

C. Disputes

D. Compliance with Civil and Criminal Laws

E. Compliance with Occupational Safety and Health Laws, Workers’ Compensation and Other Labor Legislation

F. Prevailing Wage and Apprenticeship Compliance Record

VI. Construction Projects

A. Recent Projects Completed

B. Quality of Performance

VII. Certification

PART 1

Pre-Qualification of Contractors

REQUEST FOR PRE-QUALIFICATIONS OF CONTRACTORS

I. General Requirements

This Pre-Qualification process is to pre-qualify General Contractors to be eligible to participate in the bidding process of Job Order Contract (JOC) for Pavement Maintenance with Total Contract Not-to-

Exceed amount of $5,000,000 which will be advertised for bids to the pre-qualified Contractors on

December 20, 2023.

A description of the project, scope of work, and details are provided on page 8.

This Pre-Qualification process will include submittal by the Contractor of completed Pre-

Qualification Documents by the prescribed deadline and OC Public Works’ evaluation of Pre-

Qualification Documents based on the list of scoring questions and scoring ranges. Only pre-qualified Contractors will be eligible to submit a bid for this project.

The 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.

II. Pre-Qualification Procedure

A. Pre-qualification Documents for the Job Order Contract (JOC) for Pavement Maintenance are available to interested Contractors. For a copy of the Pre-Qualification Documents, visit the

OpenGov website at County’s online bidding system, Pre-Qualification # 080-2382303-TR (PQ).

Contractor questions for clarification or interpretation regarding the Pre-Qualification

Documents for this project shall be directed to: Antonio Rocha, Deputy Purchasing Agent

(“DPA”), OC Public Works, via County’s online bidding system only no later than, December 6, 2023 2:00 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 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/ http://www.bidsync.com,/

OC Public Works shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their response. 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

• Contractors desiring to respond to this Pre-Qualification shall submit one (1) electronic copy of the completed documents (Contractor Information Form, Questionnaire, completed recent projects, and Certification) electronically via County’s online bidding system only.

• Print out the 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.

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

• Email, fax and paper submittals will not be accepted, no exceptions. Contractors must submit their pre-qualifications and any other pertinent information electronically via

County’s online bidding system only.

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

• 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.

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

• Pre-Qualification Documents are due before 2:00 p.m. (Pacific Time) on December 13, 2023 and shall be submitted electronically.

• Interviews/References shall be conducted by the DPA for at least three (3) Contractor references provided for selected completed construction projects that are of similar size and scope to the project that is specified. (See Section VI., B. Quality of Performance.)

• No action on the Contractor’s part is required for the interview/reference questions except to provide current and accurate project information.

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 relevant sources of information outside of the Pre-Qualification

Documents.

D. The Pre-Qualification Process will be based on scoring the Questionnaire and responses received from the Interview/Reference Questions. The scoring method is described in Part 2 of the Pre-

Qualification Documents.

E. 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.

F. 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 (“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 Hearing 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.

G. 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.

H. 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.

I. 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

Project: JOC for Pavement Maintenance

Annual Contract to perform various Pavement Maintenance related job orders.

Total Contract not to exceed amount is $5,000,000.

LICENCES: Class-A or C-12 is required in the performance of this project.

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 AND CONTRACT TIME: The anticipated bid period, which is subject to change, will begin December 20, 2023.

CALIFORNIA STATE CONTRACTOR’S LICENSING REQUIREMENT: Copies of California

State Contractor’s licenses are not required to be submitted with the Pre-Qualification Documents. All prospective bidders must possess the required licenses at the time of Pre-Qualification Documents submission.

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENT: Contractors must be registered with the DIR at the time of submittals, in accordance with Labor Code 1725.5.

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 Instruction 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.

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 1-54) with any supplemental pages attached

(Section and Question numbers, and signature and date included on each additional page)

Signed and dated Certification (Section VII)

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 III, Question 4).

4. Description of construction experience/expertise of key personnel who will be working on the specified project herein (construction foreman, project superintendent, construction project manager, and/or on-site inspector) and what qualifies them to work on this project (Part 2, Section VI, Question 53).

5. Information for six (6) public projects completed within the last ten (10) years under

Contractors’ current California State License, that are of similar size and nature to the one for which Contractor is herein requesting Pre-Qualification (Part 2, Section

VI, Question 54).”. These references should be from different entities and must be verifiable.

PART 2

Pre-Qualification Questionnaire

Request for Pre-Qualification of Contractors

I. Summary of Sections and Scoring Method

NOTE: Not all questions in the questionnaire are “scorable”; some questions simply ask for information about the contractor organization’s structure, officers and history. This document includes all questions and the scoring method.

Scores Needed for Pre-Qualification

To pre-qualify, a contractor would be required to have a passing score within each of the four sections referred to above.

Section III: Essential Requirements for Qualification

Questions are scored as “Pass/Fail.”

Section IV: Licenses and Bonding

A passing score of 15 is required

Section V: Organization, History, Organizational Performance, Compliance with Civil Laws, etc.

A passing score of 87 is required

Section VI: Construction Projects

This section includes 9 interview questions.

OC Public Works shall conduct interviews with/ask reference questions to the Owner or Project

Manager of the completed construction projects provided by Contractor.

Section Scoring Method (Questions)

Section III: Essential Requirements for Qualification Pass/Fail (1-9)

Section IV: Licenses and Bonding Non-Scorable (10-13, 15, 17)

Points (14, 16, 18, 19)

Section V: Organization, History, Organizational

Performance, Compliance with Civil Laws, etc.

Non-Scorable (20-28)

Points (29-52)

Section VI: Construction Projects Non-Scorable (53 & 54)

(Interview/Reference Questions)

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

II. Contractor Information Form

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:________

III. Essential Requirements for Qualification

NOTE: Contractor will be immediately disqualified if the answer to any of Questions 1, 2, 3, or 4, is “no.”

For questions requiring explanation, use a separate signed page, or pages, and include the

Section and Question number (e.g. Section II., A. Question 12.).

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 $3,000,000 per occurrence and $3,000,000 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 $5,000,0001, (b) the bonding company name, address, and telephone number? Notarized statement must be dated within six (6) months of the Pre-qualification packet submittal.

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

NOTE: Contractor will be immediately disqualified if the answer to any of Questions 5, 6, 7, 8, or 9 is “yes.”2 If the answer to question 7 is “yes,” and if debarment would be the sole reason for denial of Pre-Qualification, any Pre-Qualification issued will exclude the debarment period.

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

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.

2 A Contractor disqualified solely because of a “Yes” answer given to question 5, 6, or 8 may appeal the disqualification and provide an explanation of the relevant circumstances during the appeal procedure.

6. Has a surety firm completed a contract on your behalf, or paid for completion because your firm defaulted or was 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?

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.

IV. Licenses and Bonding

A. Licenses

Non-Scorable

10. List all California construction license numbers, classifications and expiration dates of the California Contractor licenses held by your organization:

General Contractor’s and/or Sub-Contractor's California License Number(s) and Classification:

Classification:___________________ No.: _________________ Expiration Date:_____________

Classification:___________________ No.:__________________ Expiration Date:_____________

Classification:___________________ No.:__________________ Expiration Date:_____________

Classification:___________________ No.:__________________ Expiration Date:_____________

11. If any of your organization’s license(s) are held in the name of a corporation or partnership, list below the names of the qualifying individual(s) listed on the California State Licensing

Board (CSLB) records who meet(s) the experience and examination requirements for each license.

12. Has your organization changed names or license number in the past five years?

If “yes,” explain on a separate signed page, including the reason for the change and Question number.

13. Has any owner, partner, or (for corporations) officer of your organization operated a construction organization under any other name in the last five years?

Scorable

14. Has any CSLB license held by your organization or its Responsible Managing Employee

(RME) or Responsible Managing Officer (RMO) been suspended within the last five years?

No = 5 points

Yes = 0 points

B. Bonding

15. Bonding capacity: Provide documentation from your surety, on their official letterhead, identifying the following:

• Name of bonding company/surety.

• Name of surety agent, address and telephone number.

16. If your organization was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your organization worked at any time during the last three years, state the percentage that your organization was required to pay.

If your organization paid a premium higher than one percent, on a separate signed sheet of paper, explain the reason and include the Question number.

5 points if the rate is no more than one percent

3 points if the rate was no higher than 1.10 percent

0 points for any other answer

17. List all other sureties (name and full address) that have written bonds for your organization during the last five years, including the dates during which each wrote the bonds:

18. During the last five years, has your organization ever been denied bond credit by a surety company?

If “yes,” provide details on a separate signed sheet indicating the date when your organization was denied credit and the name of the company or companies which denied credit and include Question number.

19. Has there ever been a period of time when your organization had no surety bond in place during a public construction project when one was required?

If “yes,” state the period during which you had no surety bond in place and explain the reason and include Question number.

V. Organization, History and Organizational Performance, Compliance with Civil and Criminal

Laws, Compliance with OSHA, Workers’ Compensation and Labor Legislation, Prevailing

Wage and Apprenticeship

A. Current Organization and Structure of the Business

NOTE: Please complete Questions 20 through 24 that apply to Contractor’s business.

20. For organizations that are Corporations:

A) Date incorporated:

B) Under the laws of what state:

C) Provide all the following information in Table A for each person who is either:

• An officer of the corporation (president, vice president, secretary, treasurer), or

• The owner of at least ten percent of the corporation’s stock.

TABLE A

Name Position Years with

Co.

% Ownership Social Security #

D) In Table B, identify every construction organization that any person listed above has been associated with (as owner, general partner, limited partner, or officer) at any time during the last five years.

NOTE: For this question, “owner” and “partner” refer to ownership of ten percent or more of the business, or 10 percent or more of its stock, if the business is a corporation.

TABLE B

Person’s Name Construction Company Dates of Person’s

Participation with

Organization

21. For organizations that are Partnerships:

A) Date of formation: __________________

B) Under the laws of what state: __________

C) Provide all the following information in Table C for each partner who owns 10 percent or more of the organization.

TABLE C

Name Position Years with Co. % Ownership Social Security #

D) In Table D, identify every construction company that any partner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years.

of the business, or ten percent or more of its stock, if the business is a corporation.

TABLE D

Person’s Name Construction Company Dates of Person’s Participation with Company

22. For organizations that are Sole Proprietorships:

A) Date of commencement of business: ___________________________

B) Social security number of company owner:

C) In Table E, identify every construction organization that the business owner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years.

of the business, or ten percent or more of its stock, if the business is a corporation.

TABLE E

Person’s Name Construction Company Dates of Person’s Participation with Company

23. For organizations that intend to make a bid as part of a joint venture:

A) Date of commencement of joint venture: ___________

B) Provide all of the following information in Table F for each organizatino that is a member of the joint venture that expects to bid on one or more projects:

C) TABLE F, Name of organization % Ownership of Joint Venture

TABLE F

Name of Organization % Ownership of Joint Ventures

24. For organizations that are Limited Liability Companies:

A) Date incorporated:

B) Under the laws of what state:

C) Provide all the following information in Table G for each person who is either:

• An officer of the corporation (president, vice president, secretary, treasurer), or

• The owner of at least ten percent of the corporation’s stock.

TABLE G

Name Position Years with Co. % Ownership Social Security #

D) In Table H, identify every construction organization that any person listed above has been associated with (as owner, general partner, limited partner, or officer) at any time during the last five years.

of the business, or 10 percent or more of its stock, if the business is a corporation.

TABLE H

Person’s Name Construction Co. Dates of Person’s

Participation with Co.

B. History of the Business and Organizational Performance

25. Has there been any change in ownership of the organization at any time during the last five years?

NOTE: A corporation whose shares are publicly traded is not required to answer this question

If “yes,” explain on a separate signed page and include the Question number.

26. Is the organization a subsidiary, parent, holding company, or affiliate of another construction organization?

NOTE: Include information about the other organization(s) if one organization owns 50 percent or more of another, or if an owner, partner, or officer of your organization holds a similar position in another organization.

27. Are any corporate officers, partners or owners connected to any other construction organizations?

NOTE: Include information about the other organizations if an owner, partner, or officer of your organization holds a similar position in another organization.

28. State your organization’s gross revenues for each of the last three years:

Current year: ________________

Previous year:________________

Year prior to previous year:________________

29. How many years has your organization been in business in California as a Contractor under your present business name and license number?

Years

3 years or more = 2 points

4 years = 3 points

5 years = 4 points

6 years or more = 5 points

30. Is your organization currently the debtor in a bankruptcy case?

If “yes,” please attach a copy of the bankruptcy petition, showing the case number, and the date on which the petition was filed, and include the Question number.

No = 3 points

Scorable

31. Was your organization in bankruptcy at any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 29 above).

Yes No

If “yes,” please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed and a copy of the Bankruptcy Court’s discharge order, or of any other document that ended the case, if no discharge order was issued.

No = 3 points

C. Disputes

32. At any time in the last five years has your organization been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner?

If “yes”, explain on a separate signed page and include the Question number. Identify all such projects by the owner, the owner’s address, the date of completion of the project, the amount of liquidated damages assessed, and all other information necessary to fully explain the assessment of liquidated damages.

No projects with liquidated damages of more than $50,000, or one project with liquidated damages = 5 points

Two projects with liquidated damages of more than $50,000 = 3 points

Any other answer = 0 points

33. In the last five years has your organization, or any organization with which any of your company’s owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason?

NOTE: “Associated with” refers to another construction organization in which an owner, partner or officer of your organization held a similar position, and which is listed in response to SECTION V, A., Questions 20.D, 21.D or 22.C on the questionnaire.

If “yes,” explain on a separate signed page and include the Question number. State whether the organization involved was the organization applying for pre-qualification here, or another organization. Identify the name of the company, the name of the person within your organization who was associated with that company, the year of the event, the owner of the project, the project, and the basis for the action.

No = 5 points

34. In the last five years has your organization been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder?

If “yes,” explain on a separate signed page and include the Question number. Identify the year of the event, the owner, the project and the basis for the finding by the public agency.

NOTE: The following two questions, 35 & 36, refer only to disputes between your organization and the owner of a project. You need not include information about disputes between your organization and a supplier or another contractor or sub-contractor. You need not include information about “pass-through” disputes in which the actual dispute is between a sub-contractor and a project owner. Also, you may omit reference to all disputes about amounts less than $50,000.

35. In the past five years has any claim against your organization concerning your organization’s work on a construction project been filed in court or arbitration?

If “yes,” on a separate signed page, or pages, include the Question number, identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim

(pending or, if resolved, a brief description of the resolution).

If the organization’s average gross revenue for the last three years was less than $50 million, scoring is as follows:

5 points for either “No” or “Yes” indicating 1 such instance

3 points for “Yes” indicating 2 such instances

0 points for “Yes” if more than 2 such instances

If your organization’s average gross revenue for the last three years was more than $50 million, scoring is as follows:

5 points for either “No” or “Yes” indicating 1, 2, or 3 such instances

3 points for “Yes” indicating either 4 or 5 such instances

0 points for “Yes” if more than 5 such instances

Scorable

36. In the past five years has your organization made any claim against a general contractor or project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration?

If “yes,” on a separate signed page, or pages, include the Question number, identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution).

If your organization’s average gross revenues for the last three years was less than $50 million scoring is as follows:

5 points for either “No” or “Yes” indicating 1 such instance

3 points for “Yes” indicating 2 such instances

0 points for “Yes” if more than 2 such instances

If your organization’s average gross revenues for the last three years was more than $50 million, 5 points for either “No” or “Yes” indicating 1, 2, or 3 such instances.

3 points for “Yes” indicating either 4 or 5 such instances

0 points for “Yes” if more than 5 such instances

Scorable

37. At any time during the past five years, has any surety company made any payments on your organization’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your organization’s behalf, in connection with a construction project, either public or private?

Yes No

If “yes,” explain on a separate signed page, or pages, include the Question number, the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved.

5 points for either “Yes” or “No” indicating 1 such claim

3 points for “Yes” indicating no more than 2 such claims

Subtract five points for “Yes” if more than 2 such claims

Scorable

38. In the last five years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your organization?

If “yes,” explain on a separate signed page, or pages, include the Question number, name the insurance carrier, the form of insurance and the year of the refusal.

5 points for either “No” or “Yes” indicating 1 such instance

3 points for “Yes” indicating 2 such instances

0 points for “Yes” if more than 2 such instances

D. Compliance with Civil and Criminal Laws

39. Has your organization or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity?

If “yes,” explain on a separate signed page, or pages, include the Question number, who was involved, the name of the public agency, the date of the investigation and the grounds for the finding.

Yes = subtract 5 points

40. Has your organization or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction?

If “yes,” explain on a separate signed page, or pages, include the Question number, who was involved, the name of the public agency, the date of the conviction, and the grounds for the conviction.

Scorable

41. Has your organization or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty?

If “yes,” identify on a separate signed page, or pages, include the Question number, the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year, and the criminal conduct.

E. Compliance with Occupational Safety and Health Laws, Workers’ Compensation and other

Labor Legislation

42. Has CAL OSHA cited and assessed penalties against your organization for any “serious,”

“willful” or “repeat” violations of its safety or health regulations in the past five years?

NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health

Appeals Board has not yet ruled on your appeal, you need not include information about it.

Yes No Filed Appeal

If “yes,” attach a separate signed page, or pages, include the Question number, describing each citation, the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued and the amount of penalty paid, if any. If the citation was appealed to the

Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision.

If the organization’s average gross revenues for the last three years was less than $50 million, 5 points for either “No” or “Yes” indicating 1 such instance

3 points for “Yes” indicating 2 such instances

0 points for “Yes” if more than 2 such instances

If the organization’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

5 points for either “No” or “Yes” indicating 1, 2, or 3 such instances

3 points for “Yes” indicating either 4 or 5 such instances

0 points for “Yes” if more than 5 such instances

43. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your organization in the past five years?

NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

If “yes,” attach a separate signed page, or pages, include the Question number, and describe each citation.

5 points for either “No” or “Yes” indicating 1 such instance

3 points for “Yes” indicating 2 such instances

0 points for “Yes” if more than 2 such instances

If the organization’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

5 points for either “No” or “Yes” indicating 1, 2, or 3 such instances

3 points for “Yes” indicating either 4 or 5 such instances

0 points for “Yes” if more than 5 such instances

Scorable

44. Has the EPA or any Air Quality Management District or any Regional Water Quality Control

Board cited and assessed penalties against either your organization or the owner of a project on which your organization was the Contractor, in the past five years?

NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

If “yes,” attach a separate signed page, or pages, include the Question number, and describe each citation.

5 points for either “No” or “Yes” indicating 1 such instance

3 points for “Yes” indicating 2 such instances

0 points for “Yes” or if more than 2 such instances

If the organization’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

5 points for either “No” or “Yes” indicating 1, 2, or 3 such instances

3 points for “Yes” indicating either 4 or 5 such instances

0 points for “Yes” if more than 5 such instances

Scorable

45. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project?

3 points for an answer of once each week or more often.

46. List your organization’s Experience Modification Rate (EMR) (California workers’ compensation insurance) for each of the past three premium years and this premium year:

NOTE: An Experience Modification Rate is issued to your organization annually by your workers’ compensation insurance carrier.

Current year rate:

Previous year rate:

Year prior to previous year rate:

If your EMR for any of these three years is or was 1.00 or higher, you may, if you wish, attach a letter of explanation on a separate signed page, or pages and include the Question number.

5 points for three-year average EMR of .95 or less

3 points for three-year average of EMR of more than .95 but no more than 1.00

0 points for any other EMR

47. Within the last five years has there ever been a period when your organization had employees but was without workers’ compensation insurance or state-approved self-insurance?

If “yes,” please explain the reason for the absence of workers’ compensation insurance on a separate signed page, or pages, and include the Question number.

If “No,” please provide a statement by your current workers’ compensation insurance carrier that verifies periods of workers’ compensation insurance coverage for the last five years. (If your organization has been in the construction business for less than five years, provide a statement by your workers’ compensation insurance carrier verifying continuous workers’ compensation insurance coverage for the period that your organization has been in the construction business.)

5 points for either “No” or “Yes” indicating 1 such instance

F. Prevailing Wage and Apprenticeship Compliance Record

48. Has there been more than one occasion during the last five years in which your organization was required to pay, either, back wages or penalties for your own organization’s failure to comply with the state’s prevailing wage laws?

NOTE: This question refers only to your own organization’s violation of prevailing wage laws, not to violations of the prevailing wage laws by a sub-contractor.

If “yes,” attach a separate signed page, or pages, and include the Question number, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay.

If your organization’s average gross revenues for the last three years was less than $50 million, 5 points for either “No,” or “Yes” indicating either 1 or 2 such instance

3 points for “Yes” indicating 3 such instances

0 points for “Yes” for more than 3 such instances

If your organization’s average gross revenues for the last three years was more than $50 million, scoring is as follows:

5 points for either “No” or “Yes” indicating no more than 4 such instances

3 points for “Yes” indicating either 5 or 6 such instances

0 points for “Yes” if more than 6 such instances

49. During the last five years, has there been more than one occasion in which your own organization has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements?

If “yes,” attach a separate signed page, or pages, and include the Question number, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid, the amount of back wages you were required to pay, and the amount of any penalty paid.

5 points for either “No,” or “Yes” indicating either 1 or 2 such instances

3 points for “Yes” indicating 3 such instances

0 points for “Yes” if more than 3 such instances

If your organization’s average gross revenues for the last three years were more than $50 million, scoring is as follows:

5 points for either “No” or “Yes” indicating no more than 4 such instances

3 points for “Yes” indicating either 5 or 6 such instances

0 points for “Yes” if more than 6 such instances.

Scorable

50. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to request the dispatch of apprentices to your company for use on any public works project for which you are awarded a contract by OC Public Works.

List:

5 points if at least one approved apprenticeship program is listed.

Scorable

51. If your organization operates its own State-approved apprenticeship program:

(a) Identify the craft or crafts in which your organization provided apprenticeship training in the past year.

(b) State the year in which each such apprenticeship program was approved, and attach evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s).

(c) State the number of individuals who were employed by your organization as apprentices at any time during the past three years in each apprenticeship and the number of persons who, during the past three years, completed apprenticeships in each craft while employed by your organization.

5 points if one or more persons completed an approved apprenticeship while employed by your organization.

0 points if no persons completed an approved apprenticeship while employed by your organization. Scorable

52. At any time during the last five years, has your organization been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works?

NOTE: You may omit reference to any incident that occurred prior to January 1, 1998, if the violation was by a sub-contractor and your organization, as a general contractor on a project, had no knowledge of the sub-contractor’s violation at the time they occurred.

If “yes,” provide the date(s) of such findings on a separate signed page, or pages, include the

Question number, and attach copies of the Department’s final decision(s).

5 points for either “No,” or “Yes” indicating either 1 or 2 such instance

3 points for “Yes” indicating 3 such instances

0 points for “Yes” for more than 3 such instances

If your organization’s average gross revenues for the last three years were more than $50 million, scoring is as follows:

5 points for either “No” or “Yes” indicating no more than 4 such instances

3 points for “Yes” indicating either 5 or 6 such instances

0 points for “Yes” if more than 6 such instances

VI. Construction Projects

A. Recent Projects Completed

NOTE: Questions 53 and 54 are to be done on a separate signed page, or pages, and include the Question number.

53. Describe construction experience/expertise of key personnel who will be working on the specified project herein (construction foreman, project superintendent, construction project manager, and/or on-site inspector) and what qualifies them to work on this project.

54. Contractor shall provide information for six (6) public projects completed within the last ten (10) years under Contractors’ current California State License, that are of similar size and nature to the one for which Contractor. These references should be from different entities and must be verifiable.

RECENT CONSTRUCTION PROJECTS COMPLETED

Contractor shall provide information for completed projects as described in Item No. 5 on the

‘Checklist of Required Submittals’; the names and references must be current and verifiable. The references provided should be a project for which your company was listed as a prime contractor, not a subcontractor performing work. These must be projects that were not County of Orange projects and no less than 5 projects should be from another municipality. These should not be projects from the same entity. Use separate sheets of paper that contain all of the following information:

Project:

Name:

Location:

Owner:

Owner Contact (name, current phone number & e-mail):

Description of Project, Scope of Work Performed:

Total Value of Construction (including change orders):

Date Construction Commenced:

Original Contractual Completion Deadline:

Adjusted Completion Deadline Based on

Time Extensions Granted by Owner:

Actual Date of Completion:

General Contractor’s Project Manager (lead contact in office), if applicable:

General Contractor’s Superintendent (lead contact on project site), if applicable:

B. Quality of Performance

The interview questions below will be asked of the Owner or Project…