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PREQUALIFICATION DOCUMENTS

PREQUALIFICATION OF CONSTRUCTION CONTRACTORS

FOR

FENCING, PLAYGROUND, AND SINGLE POINT OF ENTRY (“SPOE”) PROJECTS

Prequalification Submittal Deadline: As specified in the Notice Calling for Prequalification of Construction Contractors

Notice Calling for Prequalification of Construction Contractors, Page 1 of 2

NOTICE CALLING FOR PREQUALIFICATIONS OF CONSTRUCTION CONTRACTORS

Notice Is Hereby Given for the purpose of prequalification of construction contractors. Sealed Prequalification Questionnaire Submittals will be received by the Anaheim Elementary School District (“District”) for each of the types listed below, which will require an approved prequalification status with the District before a bid can be submitted to the District for such a project.

Description of Projects:

General engineering construction with exterior path of travel upgrades including: concrete, paving, striping, parking improvements, earthwork, playground rubberized surfacing and equipment, electrical utility work, fencing with chain link and ornamental fencing and gates; and general building construction with minor building exterior and interior modifications, framing and rough carpentry, cabinet and millwork, drywall, flooring and floor coverings, painting, and interior and exterior signage.

As a condition of bidding for this Project, and in accordance with California Public Contract Code section 20111.5, prospective bidders are required to submit to the District a completed Prequalification Questionnaire Submittal on forms provided by the District. These documents will be the basis for determining which bidders are qualified to bid on the types of projects identified in this Notice Calling for Prequalification of Construction Contractors. Prospective bidders may prequalify for one or all types of projects above; BUT FOR EACH TYPE OF PROJECT, ALL PROSPECTIVE BIDDERS MUST COMPLETE AND RETURN A SEPARATE CONFIDENTIAL PREQUALIFICATION QUESTIONNAIRE SUBMITTAL FOR THE RESPECTIVE PROJECT TYPES ABOVE outlining their company’s financial ability and professional experience in successfully completing that type of construction project. Bids will not be accepted if a contractor has not been prequalified where prequalification is required. Prequalification Documents, including the Prequalification Questionnaire Submittal forms, will be available free of charge March 16, 2016 from the Anaheim Elementary School District’s website at: https://sites.google.com/a/acsd.k12.ca.us/administrative-services/bids and at Anaheim Elementary School District, Operations Center, 1411 S. Anaheim Blvd., Anaheim, California 92805, (714) 517-7551. Prequalification Documents must submitted prior to 2:00pm on April 1, 2016 (the “Prequalification Submittal Deadline”), and will be received only at the same location stated above. The District will only accept an original signed Prequalification Questionnaire Submittal. No electronic submittals will be accepted.

NOTICE IS HEREBY GIVEN that the Anaheim Elementary School District, acting by and through its Governing Board, hereinafter referred to as “District”, will receive up to, but not later than the above stated time, sealed confidential Prequalification Questionnaire Submittals outlining a prospective bidder’s financial ability and professional experience in performing public works projects.

Prequalification Questionnaire Submittals shall be received in the place identified above. Each Prequalification Questionnaire Submittal must strictly conform with and be responsive to the Prequalification Documents that are made available by the District as set forth above. Failure to provide a response to any question or request in the Prequalification Questionnaire Submittal may result in automatic disqualification at the District’s sole discretion.

In order to bid on the above identified projects, a prospective bidder must submit a Prequalification Questionnaire Submittal and be deemed qualified by the District. It is the responsibility of the prospective bidder to ensure an official “Notice of Approval” is obtained from the District prior to submitting a bid on such a project.

https://sites.google.com/a/acsd.k12.ca.us/administrative-services/bids

Notice Calling for Prequalification of Construction Contractors, Page 2 of 2

All prime contractors must submit a Prequalification Questionnaire Submittal in response to this Notice and be prequalified in order to bid on the projects identified above. In order to bid on a project type above, each contractor must possess an official “Notice of Approval” from the District approving its prequalification at least 24 hours before the opening of bids for a project. The Notice of Approval shall authorize the prequalification to be considered valid for up to one calendar year following the date of initial prequalification. The District shall not be responsible for a contractor’s failure to timely submit its completed Prequalification Questionnaire Submittal to the District as required by law. The District anticipates opening bids per a separate Notice Calling for Bids publicly advertised for each project. Such Notice Calling for Bids shall list those contractors by name qualified to bid on the project per this prequalification and shall specify the requirements for additional contractors to prequalify to bid; and shall specify the ability of bidding documents, the date and time of the prebid conference, the location for receipt of bids, and the date and time of the opening of bids.

The District will review and evaluate all Prequalification Questionnaire Submittals in the order they are received by the District. As a result, each contractor is encouraged to submit its Prequalification Questionnaire Submittal well in advance of the Prequalification Submittal Deadline set forth above to avoid any delay in receiving a decision on its prequalification status with the District for a project identified above.

The District’s evaluation of a prospective bidder’s quality, fitness and capacity to satisfactorily perform the proposal work shall apply to the Project indicated in this Notice only.

The District may require a prospective bidder to provide additional information beyond what is requested in the Prequalification Questionnaire for purposes of confirming the information provided by the prospective bidder in its Prequalification Questionnaire. Any prospective bidder that is required to provide the District with additional information shall do so within three (3) working days of the District’s request but no later than twenty-four hours prior to the deadline for notifying prospective bidders of their prequalification status as required by law. Failure to provide the information within the specified time period may result in the disqualification of the prospective bidder. The District shall not be responsible for a contractor’s failure to timely submit information to the District that inhibits the District’s reasonable ability to review the information provided and to notify the prospective bidder of its prequalification status within the time period permitted under the law.

No Prequalification Questionnaire Submittal shall be considered a public record. In no event shall any Prequalification Questionnaire or related materials be open to public inspection.

The District reserves the right to reject any or all Prequalification Questionnaire Submittals or to waive any irregularities or informalities in any Prequalification Questionnaire Submittals or in the prequalification process.

Contractors will be notified by telephone, fax or by mail of their prequalification rating within a reasonable period of time after submission of their Prequalification Questionnaire Submittals, but not less than one day prior to the bid opening date.

Cindy Mendoza Facilities Technician Anaheim Elementary School District Publish 03/16/16 and 03/23/16

PREQUALIFICATION QUESTIONNAIRE

INSTRUCTIONS

Prequalification Questionnaire Instructions, Page 1 of 5

ANAHEIM ELEMENTARY SCHOOL DISTRICT

Operations Center 1411 S. Anaheim Blvd.

Anaheim, California 92805

I. Request for Prequalification of Bidders As a condition of bidding for the specified Project, and in accordance with California Public Contract Code Section 20111.5, all prospective bidders are required to submit to the Anaheim Elementary School District (“District”) a completed set of the Prequalification Documents contained herein and include all materials requested herein. These documents will be the basis for determining which bidders are qualified to bid on the Project. The District will not accept bids from any contractor on the Project requiring prequalification unless the contractor has first been prequalified by the District pursuant to the procedures and documents contained in this Prequalification Questionnaire. Ratings of individual firms will only be disclosed upon written request by that firm. The District reserves the right to check other available sources. All information contained in the Prequalification Documents, including the Prequalification Documents themselves, shall not be public records and shall not be open to public inspection. II. District’s Prequalification Standards 1. License & Background Information 2. Insurance Information 3. Surety Information 4. Performance 5. Construction Experience & Interview of Contacts Identified by Contractor 6. Safety Program & Workers’ Compensation 7. Industrial Safety Record 8. Claim History 9. Financial Information & Accountant’s Release Letter

10. Prequalification Statement, Declaration (Last page)

Please Note: Pursuant to the passage of SB 854, because the bid proposal for the Project is to be submitted on or after March 1, 2015 and/or the award of the Project is to occur on or after April 1, 2015, the Contractor must be registered with the Department of Industrial Relations (“DIR.”) pursuant to Labor Code section 1725.5. Failure to be registered will result in immediate disqualification. A prequalification questionnaire will be required for the Project. The District may, at any time, specifically request a new prequalification questionnaire submittal or supplemental information, in which case the Contractor must comply within thirty days or the rating on file may, at the discretion of the District, be considered expired.


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The Anaheim Elementary School District reserves the right to waive minor irregularities and omissions in the information contained in the prequalification questionnaire submitted, to make all final determinations. In addition to being not qualified for failure to meet the District’s criteria, a Contractor may be automatically disqualified for any one of the following reasons: 1. Omission of requested information. 2. Falsification or misrepresentation of information. 3. Excessive stop notices, prevailing wage violations or construction claims involving the

District. 4. Debarment from the Division of Labor Standards Enforcement. 5. Have had a surety complete work on any contract since January 1, 2011. 6. Are unable to demonstrate bonding capacity or ability to obtain required insurance. 7. Is not duly licensed to perform the required work. 8. Has not had the requisite public works experience. III. Financial Information A. Audited & Reviewed Statement Requirements Reviewed statements will be required for a project under $3,000,000. Only audited statements will be required for a construction project totaling over $3,000,000 or more. The estimated construction cost for this Project is in the Notice Inviting Bids. Note: A compilation is not acceptable. B. Financial Capacity Working capital and net worth are important facts in determining the bidding capacity of a Contractor; therefore, the accountant will perform a valuable service for their client and also the District if the accountant will furnish, by a supplementary schedule or as a part of the accountant’s certificate, any information not specifically called for by the statement which, in the accountant’s opinion, might properly be taken into consideration. C. Accountant’s Certificate and Release A certificate of a licensed Certified Public Accountant will be required in all cases. A suggested form of a certificate for an audit or reviewed statement is included in the Prequalification Questionnaire. A certificate may be submitted in the accountant’s own words; however, such qualifications shall not be so extensive as to nullify the value of the statement or its usefulness to the District. Accountant’s Release Letter will be required. A responsible accountant will verify the validity of the applicant’s financial statement.


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D. Term of Financial Statements A Contractor’s financial information is valid until the date shown is more than one year old. Statements will be held on file until the financial information is fifteen months old, at which time it will be destroyed. The District reserves the right to reject statements in which the financial information is more than six months old. IV. Public Works Requirements As required in the Prequalification Questionnaire. V. Insurance As required in the Prequalification Questionnaire. VI. Bondability The bonding surety is required to be an admitted surety in the State of California. The surety will be contacted to confirm willingness to bond the particular project. It is required that the Contractor include a Letter of Bondability from the surety indicating their support levels for the Project in question. The payment and performance bonds required will neither be accepted nor approved by the District unless the bonds are underwritten by an admitted surety and the requirements of California Code of Civil Procedure Section 995.630(a) and (b) are met. In lieu of the bid bond, Contractor may provide a cashier’s check amounting to 10% of the base bid. In the event that the Contractor is unable to obtain a bond in the time prescribed by the District, the Contractor may be suspended from the qualified contractors list and not be allowed to bid on District projects until proof of bondability is provided. VII. Declaration The Prequalification for Anaheim Elementary School District Declaration must be completed and signed.


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VIII. Interviews of Prior Contacts The District shall contact randomly selected school districts, contractors, subcontractors, suppliers or any other party the District deems relevant to each Contractor’s prequalification submittal. The District will contact parties from at least two (2) projects that have been completed by each Contractor to discuss, among other things, each Contractor’s previous performance and/or previous rating/prequalification with any other school district(s). Complete and valid “Owner’s Contact Information” is to be provided for all requested completed project information in the Questionnaire. By signing the Declaration included in this packet, each Contractor gives the District permission to contact any person or party the District deems relevant to verify and/or gather information necessary for the evaluation of each Contractor’s prequalification submittal. The District reserves the right to determine which prior contacts shall be contacted by the District. The District, in its sole discretion, shall decide which prior contacts shall be used for purposes of rating each contractor for prequalification with the District. IX. Notification and Due Process of Results Contractors will be notified of their prequalification rating by fax, email, U.S. Mail or overnight courier. Notification will be made as soon as possible, but not later than 24 hours prior to bid opening as required by law. There is no appeal from a refusal of an incomplete or late prequalification questionnaire submittal. The closing time for bids will not be changed in order to accommodate supplementation of incomplete submissions, or late submissions. If the Contractor chooses to challenge or appeal the “not qualified” determination, the Contractor shall provide a written request, within two (2) working days after notification of the District’s decision, requesting a hearing. Unless a timely written request is submitted, the Contractor waives any and all rights to challenge the decision of the Anaheim Elementary School District, whether by administrative process, judicial process or any other legal process or proceeding. If a Contractor gives the required notice of appeal and requests a hearing, the hearing shall be conducted so that it is concluded no later than five (5) business days after the Anaheim Elementary School District’s receipt of such Contractor’s Notice of Appeal. The hearing so provided shall be an informal process conducted by a panel to whom the Anaheim Elementary School District’s Board of Trustees has delegated responsibility to hear such appeals (the “Appeals Panel”). At or prior to the hearing, the Contractor will be advised of the basis for the Anaheim Elementary School District’s pre-qualification determination. The Contractor will be given the opportunity to present information and present reasons in opposition to the pre-qualification determination. The Appeals Panel shall render a final and binding decision within five (5) working days of the hearing. It is the intention of the Anaheim Elementary School District that the date for the submission and opening of bids will not be delayed or postponed to allow for completion of an appeal process. Any false statements, inaccuracies, omissions or failures to disclose are grounds for exclusion from bidding. If the District should discover false statements, inaccuracies, omissions or failures to disclose by contractors at any time, the Contractor will be notified of this disqualification and the inaccuracy which has been discovered. A Contractor shall be afforded due process prior to


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being disqualified. However, if submitter shall seek due process and the false statement, inaccuracy or omission is adjudged to be intentional, then Contractor shall be held non-responsible by District for three years following the due process hearing. Contractor hereby certifies under penalty of perjury that all responses to this questionnaire are true and correct. X. Submission of Completed Statements The District must receive the Prequalification Questionnaire and all required documents referenced therein, in a sealed envelope or package, no later than the Prequalification Submittal Deadline. XI. Rating Procedure The District has pre-established a rating system for prequalification of bidders. Contractors who receive the requisite number of points based on this rating system will be issued bidding documents and allowed to submit bids for the applicable project. Contractors who do not receive the requisite number of points based on this rating system, or are disqualified, will not be considered qualified to submit bids for the project. The bidder shall be afforded due process prior to final disqualification. Contractors who have been terminated by the owner, owner’s representative or contracting party may be disqualified if it is determined that the cause for termination relates to the ability of the contractor to complete a project of this size and complexity or otherwise pertains to the responsibility of the contractor to perform the work.

XII. Joint Ventures Joint Ventures must be licensed in the State of California at the time of submission of the Prequalification Documents, and must conform to all requirements of the CSLB with regards to legality and maintenance during the bidding, construction, and warranty periods.

A. Joint Ventures will be acknowledged as a single entity for some of the purposes of this project and this prequalification. Thus, letters of bondability, insurance certificates, etc. shall name the Joint Venture specifically.

B. Joint Ventures shall be considered and scored in general (unless noted otherwise) on an aggregate basis of the partnership firms (including the Joint Venture, if applicable) both for financial and experiential data. Aggregate scoring will be cumulative in both the positive and negative determination.

C. A positive prequalification determination that results in an official Prequalification Notice only approves the Joint Venture and not the individual firms making up the Joint Venture.

PREQUALIFICATION QUESTIONNAIRE FENCING, PLAYGROUND, AND

SINGLE POINT OF ENTRY (“SPOE”) PROJECTS

Prequalification Questionnaire, Page 1 of 22

LICENSE & BACKGROUND INFORMATION

Contractor: ____________________________________________________________________ (name as it appears on license) Check one of the following: � Corporation � Partnership � Sole Proprietorship � Joint Venture Address: ______________________________________________________________________ City, State, Zip: ________________________________________________________________ Phone Number: Facsimile Number: _____________E-mail address:____________ License Number(s): ________________________ License(s) Type______________________ Issue Date: Expiration Date: Tax ID Number: ________________________________________________________________ Date Business Formed: Date Incorporated: _____________________ If a corporation, under the laws of what state was corporation organized: ___________________ Contractor will be immediately disqualified if the answer to Question 1 is “No”:

1. Are you registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5? yes no ______

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

3. How many years has your organization completed work for public agencies? Years: _________.

4. How many public school construction projects has your firm completed in California within the last five (5) years of the Prequalification Submittal Deadline that have had a construction cost of $250,000.00 or more? _______




5. Has your organization ever been licensed in California under a different name or different license number? yes no ______ If yes, please list all name(s) and license number(s), on a separate sheet if necessary:

6. Has there been any recent change in the control of your organization? If yes, please explain, on a separate sheet if necessary:

______________________________________________________________________________

______________________________________________________________________________

7. Are you currently prequalified with any other school district?

If yes, please identify the school district(s), with contact information and the dollar rating that

you have been pre-qualified for at such school district(s). (Use a separate sheet if necessary)

______________________________________________________________________________

______________________________________________________________________________

8. Is your firm currently the debtor in a bankruptcy case? yes no ______

9. If your firm is not currently in bankruptcy, was your firm in bankruptcy at any time within the

last ten (10) years of the Prequalification Submittal Deadline? yes no ______ If yes, please provide the case number and explain (Use a separate sheet if necessary):

______________________________________________________________________________

10. Has your firm, 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? yes no ______ If yes, please provide the case number and explain (Use a separate sheet if necessary):

______________________________________________________________________________




11. Has your firm, or any of its owners, officers or partners, ever been convicted of a crime

involving any federal, state, local law or regulatory violations related to construction? yes no ____ If yes, please provide the case number and explain (Use a separate sheet if necessary):

______________________________________________________________________________

12. Has any California State License Board held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended or revoked within the last five (5) years of the of the Prequalification Submittal Deadline? yes no _______ If yes, please explain (Use a separate sheet if necessary):

______________________________________________________________________________




INSURANCE INFORMATION

13. Do you currently have the insurance coverages in the minimum limits below?

yes no (Please provide a current Certificate of Insurance as verification) Commercial Form General Liability Insurance - Limits of Liability Minimum Requirement Each Occurrence - Combined Single Limit for Bodily Injury and Property Damage $1,000,000 Products - Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 General Aggregate $2,000,000 Business Automobile Liability Insurance - Limits of Liability Minimum Requirement Each Accident - Combined Single Limit for Bodily Injury and Property Damage $1,000,000 Workers’ Compensation and Employer’s Liability Minimum Requirement Workers’ Compensation: As required by Federal and

State of California law Employer’s Liability: Each Employee Each Accident Each Policy

$1,000,000 $1,000,000 $1,000,000

Insurance Company: ____________________________________________________________

Address: ______________________________________________________________________

City, State, Zip: ________________________________________________________________

Phone Number: Facsimile Number: _______________________

Contact Person: ________________________________________________________________

14. How long have you been with this insurance company? years




SURETY INFORMATION Provide a statement listing names of all surety companies, not agencies, utilized by prospective bidder within the last five (5) years of the Prequalification Submittal Deadline. State whether the surety or sureties bonding bidder's projects have been required or requested to complete any part of bidder's work within the last five (5) years of the Prequalification Submittal Deadline. (Attach a separate sheet if necessary.)

Surety Company Contact Person Address Phone No.

Fax No. Largest Bond Years

15. Please provide a letter stating bondability for this project from current surety company. Is the surety to be used on this Project authorized by the Insurance Commissioner to transact business in the State of California as an admitted surety insurer (as defined in the California Code of Civil Procedure Section 995.120)?

yes no 16. Within the last five (5) years of the Prequalification Submittal Deadline, has your firm ever been denied coverage by a surety company?

yes no




17. At any time within the last five (5) years of the Prequalification Submittal Deadline, has any surety company made any payments on your firm’s behalf to satisfy any claims made against a performance or payment bond issued on your firm’s behalf in connection with a construction project, either public or private?

yes no If yes, explain (Use a separate sheet if necessary):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

18. Has your firm ever failed to complete a public works contract?

yes no If yes, explain (Use a separate sheet if necessary):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

How many projects is your firm currently bonded for? ______________

(1) Provide your maximum bonding limit per project:

(2) Provide your aggregate bonding limit:

(3) Provide your current available bonding capacity:




PERFORMANCE 19. At any time within the last five (5) years of the Prequalification Submittal Deadline, has

your firm ever failed to complete a public or private contract within the authorized contract time

for which your firm was assessed and paid liquidated damages?

yes no If yes, please identify the project(s) and explain: _____________________________________________________________________________ ______________________________________________________________________________ 20. Are there any outstanding liens/stop notices for labor and/or material filed against your firm on any contracts which have been completed by your firm? yes no If yes, please identify the project(s) and explain: _____________________________________________________________________________ ______________________________________________________________________________

21.a. Within the last five (5) years of the Prequalification Submittal Deadline, has you firm, or any firm 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? yes no If yes, please identify the project(s) and explain: _____________________________________________________________________________ ______________________________________________________________________________

The District requires you to submit the names of the individuals for the positions listed below that you propose to assign to this project. For each individual named below, attach a detailed resume that demonstrates the individual has the construction experience specified in question #22 of this Prequalification Questionnaire. By signing the Prequalification Statement, Declaration at the end of this Prequalification Questionnaire, you agree that the named individuals are subject to the District’s final approval if you are awarded the Contract for the project and that any individual approved by the District cannot be replaced by you without the District’s written consent.




(1) Superintendent:

(2) Project Engineer:

(3) Project Manager:

21.b. Provide the address to your office that will be assigned to this project in the space below. Any change in the office assigned must be approved by the District and cannot be replaced without the District’s written consent. _____________________________________________________________________________ ______________________________________________________________________________




CONSTRUCTION EXPERIENCE & INTERVIEW OF CONTACTS IDENTIFIED BY CONTRACTOR

22. The prospective bidder must complete and submit a separate Project Data Sheet (a blank form is at the end of this section) for each project reference required below.

a. Three (3) public works projects completed on or after January 1, 2011 in the United

States of America: (1) As the prime contractor during the construction phase on the project; (2) With an initial construction contract award of $250,000.00 or more; (3) Where the construction involved: General engineering construction with exterior

path of travel upgrades including: concrete, paving, striping, parking improvements, earthwork, playground rubberized surfacing and equipment, electrical, utility work, fencing with chain link and ornamental fencing and gates; and general building construction with minor building exterior and interior modifications, framing and rough carpentry, cabinet and millwork, drywall, flooring and floor coverings, painting, and interior and exterior signage.

b. Three (3) K12 public works projects completed on or after January 1, 2011 in California: (1) Acting as the prime contractor during the construction phase on the project; (2) With an initial construction contract award of $250,000.00 or more; (3) Where the construction involved: General engineering construction with exterior

path of travel upgrades including: concrete, paving, striping, parking improvements, earthwork, playground rubberized surfacing and equipment, electrical, utility work, fencing with chain link and ornamental fencing and gates; and general building construction with minor building exterior and interior modifications, framing and rough carpentry, cabinet and millwork, drywall, flooring and floor coverings, painting, and interior and exterior signage.

Complete and submit a Project Data Sheet for each project reference as evidence that your construction experience satisfies the above requirements. THE SAME PROJECT MAY BE USED TO SATISFY REQUIREMENT 22.a. and 22.b. The term “completed” as used above in this Section means that (1) all work has been completed per your contract and (2) the improvement/facility is occupied by the owner. A prospective bidder wishing to use a predecessor business to satisfy prequalification requirements must demonstrate with written information submitted with this Prequalification Questionnaire that it is substantially the same organization (in terms of who is managing the prospective bidder) as the predecessor business. A bidder may meet the requirement of the preceding sentence by demonstrating that the same person is the qualifying individual (under California Contractor’s License Law) for: (1) Contractor’s license of contractor which shall be the same type as the license required for the contract; and (2) Contractor’s license of predecessor business which shall also be the same type as the license required for the contract.




The following questions will be used by the District to interview randomly selected contacts from at least two (2) projects that your firm has reported in this Prequalification Questionnaire. No action on your part is necessary. The questions set forth below are merely for your information only. The District may determine, in its sole discretion, which contact’s responses shall be used for purposes of calculating a contractor’s prequalification score. In case of conflict between the information provided on the prospective bidder’s Project Data Sheet and the information provided by the person contacted by the District, the information provided by the person contacted by the District shall take precedence and ambiguities shall be resolved against the prospective bidder.

a. Did the contractor accurately report the project information on the Project Data Sheet?

b. Did the contractor provide adequate supervision? c. Did the contractor provide adequate staff levels for the project? d. How many times did the contractor change its personnel, specifically the

superintendent and projector manager, during the project? e. Did the contractor properly coordinate its subcontractors? f. Did the contractor substitute subcontractors in advance of the owner’s written

consent? g. Did the contractor use unlicensed or improperly licensed subcontractors? h. Was the contractor timely in submitting schedules, material and product submittals,

applications for payment, change order requests, and other paperwork? i. Did the contractor use defective materials or unauthorized product substitutions? j. Did the contractor refuse to correct work not in accordance with the contract

documents? k. Was there an excessive number of change order requests relative to the number of

change orders issued? l. Did the contractor provide adequate back-up and/or supporting documentation to

substantiate the contractor’s change order costs? m. Was a unilateral change order issued because the contractor refused to execute a

change order and perform the change order work? n. Did you have any difficulty with Dust Control and Storm Water Violations as a result

of the contractor’s work? o. Are there any outstanding stop notices or liens currently unresolved on contracts that

have had notices of completion recorded? p. Was the contractor timely in providing the required training for all equipment and

systems? q. Did the contractor timely turn in Operation & Maintenance manuals as contractually

required? Did the contractor timely complete and turn in as-built drawings as contractually required?

r. How has the contractor been performing in the area of taking care of warranty items? s. Did the contractor have a safety representative at the project site at all times? t. Was the project required to be certified by the California Division of the State

Architect? If yes, then was the project certified within four (4) months of the date of occupancy?




PROJECT DATA SHEET

(Make additional copies as necessary.)

1. Project Name:

Location: , , (Street Address) (City

(State & Zip) 2. Owner: Contact Name: Tel: Cell: Contact Title: Email: Owner was a California public school district other public entity: a private school or other private entity: Did the Owner hold your contract? Yes or No If “No,” then provide the contact information for the entity that held your contract: Company Name: Contact Person: Tel: Cell: Email: 3. Design Professional of Record:

Address: , , (Street Address) (City) (State & Zip)

Email: Tel: Cell: 4. Inspector of Record:

Address: , , (Street Address) (City) (State & Zip)

Email: Tel: Cell: 5. Your Regional Office Information: Provide the name of your superintendent assigned to the work: Provide the name of your project manager assigned to the work: Provide the address for the office that directly managed the work: , , (Street Address) (City) (State & Zip)




6.a. Project Description: (1) Did you complete the construction work acting as the general contractor? Yes or No

(2) Construction Type: (3) Was this project required to be certified by the California Division of the State Architect? Yes or No

If “Yes,” then provide the (a) Date of Occupancy:

and (b) DSA Certification Date: 6.b. Construction Experience: (See Question #22 of the Prequalification Questionnaire.)

(1) The project involved the following building systems, components, and construction constraints: Concrete

Paving Striping Parking Improvements Earthwork Playground Rubberized Surfacing Playground Equipment Electrical Utility Work

General Building Construction with minor building exterior and interior modifications

Framing and Rough Carpentry Cabinet and Millwork Drywall Flooring and Floor Covering Painting Interior and Exterior Signage

7. Schedule: Original Start Date: Actual Start Date: Original Completion Date: Actual Completion Date: # of Time Extensions: Number of calendar days extension due to conflicts in construction documents: Number of calendar days extension due to unforeseen conditions: Number of calendar days extension due to design errors/omissions: Number of calendar days extension due to regulatory agency requirements: Number of calendar days extension due to owner initiated changes:

On a separate page, provide an explanation for each time extension due to prospective bidder or not otherwise included above and attach it to this Prequalification Questionnaire.

8. Contract Amount: Original Contract Award $ Change Orders $ Number of Change Orders: Final Contract Amount $ Amount of Change Orders due to conflicts in construction documents: $ Amount of Change Orders due to unforeseen conditions: $ Amount of Change Orders due to design errors/omissions: $ Amount of Change Orders due to regulatory agency requirements: $ Amount of Change Orders due to owner initiated changes: $ 9. Liquidated Damages and Claims: a. Were liquidated damages assessed against you? Yes or No If “Yes,” then state amount: $ b. Were actual damages assessed against you? Yes or No If “Yes,” then state amount: $ c. Were back charges assessed against you? Yes or No If “Yes,” then state amount: $

If you answered “Yes” to any of the above questions of if you filed a claim(s) on the referenced project, complete a Claim Data Sheet under Arbitration & Litigation History of this Prequalification Questionnaire.




SAFETY PROGRAM & WORKERS’ COMPENSATION

Each bidder shall submit a copy of the bidder’s established safety/injury prevention program which complies with the Contract Documents and all applicable governmental regulations. After determination of the successful bidder, its subcontractors must submit a copy of their respective safety/injury prevention programs within five (5) days of the District’s request. If the bidder and/or its subcontractors have not established a safety/injury prevention program, the bidder and/or its subcontractors agree to implement a mutually agreed upon Project Safety Plan prepared by the District, taking into account the bidder’s experience, expertise, existing labor agreements relating to safety issues and any unique safety issues relating to the project. If the bidder and/or its subcontractors have established a safety/injury prevention program, but the District determines it does not comply with the Contract Documents, all applicable governmental regulations, or is deficient for any reason whatsoever, the bidder and/or its subcontractors agree to implement a mutually agreed upon Project Safety Plan prepared by the District. Bidder: ________________________________________ Signature: ______________________________________ By: ___________________________________________ Date: __________________________________________ Each bidder shall submit its workers’ compensation experience modification factor. After determination of the successful bidder, its subcontractors must submit their workers compensation modification factor within five (5) days of District’s request. 23. List your firm’s Experience Modification Rate (EMR) (California Workers’ Compensation Insurance) for each of the past premium years: Current Year: _______________ Previous Year: _______________ Year Prior to Previous Year: _______________




24. Within the last five (5) years of the Prequalification Submittal Deadline, has there ever been a period when your firm had employees but was without workers’ compensation insurance or state-approved self-insurance when required by law? yes no If yes, explain (Use separate sheet if necessary):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

25. Has there ever been an occasion within the last five (5) years of the Prequalification Submittal Deadline on which your firm was required to pay either back wages or penalties for your firm’s failure to comply with the state’s prevailing wage laws? (NOTE: This question refers only to your own firm’s violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor to your firm.) yes no If yes, explain (Use separate sheet if necessary):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

26. Within the last five (5) years of the Prequalification Submittal Deadline, has there ever been an occasion on which your own firm has been penalized or required to pay back wages for failure to comply with Federal Davis-Bacon prevailing wage requirements? yes no If yes, explain (Use separate sheet if necessary):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________




INDUSTRIAL SAFETY RECORD Each bidder, and its subcontractors, must declare any serious or willful violations of Part 1 (commencing with Section 6300) of Division 5 of the California Labor Code received within the last five (5) years of the Prequalification Submittal Deadline. This information must include all construction work undertaken in the United States by the bidder and any affiliate of the bidder. Separate information shall be submitted for each particular partnership, joint venture, corporation, Limited Liability Company or individual bidder or subcontractor. The bidder or its subcontractors may be requested to submit additional information or explanation of data, which District may require for evaluating the safety record. The term “affiliate” shall mean any firm, corporation, partnership, joint venture, limited liability company or association which is a member, joint venturer or partner of the bidder, or any such entity which owns a substantial interest in, or is owned in common with, the bidder, its subcontractor or any of its members, joint venturers or partners, or any such entity in which the bidder, its subcontractor, or any of their members, joint venturers or partners own a substantial interest. 27. Has your firm ever received a serious or willful industrial safety violation within the last five (5) years of the Prequalification Submittal Deadline? yes no _______ If yes, explain (Use separate sheet if necessary): 28. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful” or “repeat” violations of its safety or health regulations within the last five (5) years of the Prequalification Submittal Deadline? (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 _______ If yes, explain (Use separate sheet if necessary): 29. Has any one of the following agencies: the Federal Occupational Safety and Health Administration, the EPA, Air Quality Management District or any local authorities cited and assessed penalties against your firm within the last five (5) years of the Prequalification Submittal Deadline? In addition, list all Dust Control and Storm Water Violations separately by listing project name, location, amount of fine and date. (NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, you need not include information about it.) yes no ________ If yes, explain (Use separate sheet if necessary): 30. Does your firm currently have a safety plan which complies with the current OSHA

standards? yes _____ no _______




31. How often do you require documented safety meetings to be held for construction

employees and field supervisors during the course of a project?

Daily _____ Weekly _____ Monthly _____ Quarterly _____ 32. How often do you conduct documented safety inspections on a construction site?

Daily _____ Weekly _____ Monthly _____ Quarterly _____ 33. Have any of the subcontractors you retained ever received a serious or willful industrial

safety violation within the last five (5) years of the Prequalification Submittal Deadline? yes no ________

If yes, list each subcontractor with its contractor license number and explain below. (Please use

additional pages if necessary)

Subcontractor: _________________________________ License No.: __________________

Explain: _____________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________




CLAIM HISTORY NOTE: Each prospective bidder will be evaluated to determine if the bidder has a history of having unmeritorious claims asserted by or on their behalf in litigation or arbitration and/or of having had meritorious design or construction or insurance claims asserted against them in litigation or arbitration for any work performed on a project. The term “claim” means a claim (excluding claims solely for the enforcement of stop notices) arising from any design and/or construction work and includes, without limitation, claims for extra compensation and damages (including delay, disruption and acceleration damages and insurance damages, but excluding claims for personal injury or death). The following questions refer only to claims between your firm and the owner of a project. You need not include information about disputes between your firm and a supplier, another contractor or subcontractor. You need not include information about “pass-through” disputes in which the actual dispute is between a subcontractor and a project owner. Also, you may omit reference to all disputes involving amounts of less than $25,000.00. 34. Within the last five (5) years of the Prequalification Submittal Deadline, has any claim against your firm concerning your firm’s work on a construction project been filed in court or arbitration and finally adjudicated or settled for more than 50% of the highest amount sought? yes no _________ If yes, then complete and submit a separate Claim Data Sheet (a blank form is at the end of this section) for each such claim. 35. Within the last five (5) years of the Prequalification Submittal Deadline, has any claimant against your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration which was finally adjudicated or settled for more than 50% of the highest amount sought? yes no _________ If yes, then complete and submit a separate Claim Data Sheet (a blank form is at the end of this section) for each such claim. 36. Within the last five (5) years of the Prequalification Submittal Deadline, has your firm filed any claim, in court or arbitration, against a project owner concerning work on a project or payment for a contract which was finally adjudicated or settled for less than 50% of the highest amount sought? yes no _________ If yes, then complete and submit a separate Claim Data Sheet (a blank form is at the end of this section) for each such claim.




CLAIM DATA SHEET

(Make additional copies as necessary.) Claim / Case Name and Number: Date Litigation or Arbitration Commenced: Name & Location of Court or Arbitration Service:

Address: , , (Street Address) (City) (State & Zip) Project Name: Project or Contract Number: Location: , , (Street Address) (City) (State & Zip) Owner: Contact Name: Tel: Cell: Contact Title: Email: Did the Owner hold your contract? Yes or No If “No,” then provide the contact information for the entity that held your contract: Company Name: Contact Person: Tel: Cell: Email: Claimant: Contact Name: Tel: Cell: Contact Title: Email: Defendant: Contact Name: Tel: Cell: Contact Title: Email: Description of Claims: (Attach a separate page if necessary.)

Highest Amount Sought For All Claims: $ Amount Recovered: $ Date of Claim Resolution: Method of Resolution: (Check one.) Judgment Arbitration Award Settlement Other, describe:




FINANCIAL INFORMATION 37. The District requires that prospective bidders provide the following information regarding their financial condition for the last two fiscal years ended and the current year to date. To verify the following information, each prospective bidder must submit copies of its financial statements, either reviewed or audited in accordance with Generally Accepted Accounting Principles in the United States of America, for the specified periods other than for the latest year to date. A financial statement that is neither reviewed nor audited is not acceptable.

Year Ended:

Year Ended:

Latest Year to Date:

Current Assets:

Total Assets:

Current Liabilities:

Total Liabilities:

Revenue:

Expenses:

Equity:

Contracts Receivable (C/R)1:

Cash:

Marketable Securities2: 1Include retention. 2Do not include marketable securities held in lieu of retention.




38. Applicant must submit a reviewed statement. Note: A compilation is not acceptable. An audited statement is only required if the project totals over $3,000,000.

(A certificate of a licensed accountant will be required in all cases.) COMPLETE THIS CERTIFICATE FOR A REVIEW ONLY OF FINANCIAL STATEMENT We have reviewed the accompanying financial statement of ___________________________ _________________________________ as of ___________________. The information included in the financial statement is the representation of the management of the above firm. Based on our review with the exception of the matter(s) described in the following paragraph(s), we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. _____________________________ ________________________________ (Type Name of Firm) (Accountant Signature) _____________________________ ________________________________ (Telephone Number) (License Number) (NOTE THIS REVIEW CONSISTS PRINCIPALLY OF INQUIRIES OF MANAGEMENT AND APPROPRIATE ANALYTICAL PROCEDURES APPLIED TO THIS FINANCIAL DATA. IT IS SUBSTANTIALLY LESS IN SCOPE THAN AN EXAMINATION IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS, THE OBJECTIVE OF WHICH IS THE EXPRESSION OF AN OPINION REGARDING THE FINANCIAL STATEMENTS TAKEN AS A WHOLE. ACCORDINGLY, WE HAVE NOT EXPRESSED SUCH AN OPINION.)




ACCOUNTANT’S RELEASE LETTER 39. By signing the form below, I authorize the Anaheim Elementary School District to contact our company’s licensed accounting firm to verify our most recent audited or reviewed financial statement. I understand the financial statement is confidential information and is not open to public inspection. ______________________________________________________________________________

Signature ______________________________________________________________________________

Printed Name / Title ______________________________________________________________________________

Company Name ______________________________________________________________________________

Date




PREQUALIFICATION STATEMENT FOR

ANAHEIM ELEMENTARY SCHOOL DISTRICT

40. Each prospective bidder must have a current and active license at the time of the award and must submit the following information on this form. Bidder must also complete and submit this Prequalification Statement as part of its Prequalification Questionnaire Submittal.

DECLARATION I, __________________________________________(printed name) hereby declare that I am the ___________________________________(title) of ___________________________(name of bidder) submitting this Prequalification Statement; that I am duly authorized to execute this Prequalification Statement on behalf of the above-named company; and that all information set forth in this Prequalification Statement, Prequalification Questionnaire Submittal, and all attachments hereto are, to the best of my knowledge, true, accurate, and complete as of its submission date. I acknowledge that any false statements, inaccuracies or failure to disclose are grounds for disqualification. In executing this Declaration, I hereby permit the Anaheim Elementary School District to contact any owner, school district, contractor, subcontractor, supplier or any other party that the District deems relevant for purposes of verifying or gathering any information necessary to complete the evaluation of this prequalification submittal. I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was subscribed at ______________________________________ (location and city), County of _______________________________________, State of ______________________________, on __________________________(date). ___________________________________ (Signature) (If signed by other than the sole proprietor, a general partner, or corporate officer, attach original notarized power of attorney or corporate resolution.)

All information submitted for prequalification evaluation will be considered official information acquired in confidence and the District will maintain its confidentiality to the extent permitted by law.

RATING OF PROSPECTIVE BIDDERS FOR PREQUALIFICATION


Prequalification Rating: Fencing, Playground, and Single Point of Entry (“SPOE”) Projects Page 1 of 4

The prequalification rating system consists of two components. The first component includes Questions 1, 38, 39, and 40, which require the prospective bidder to pass all four of these questions or be disqualified. The second component includes points scored for responses to Questions 2-37 with a maximum total of 2,000 points possible. A prospective bidder must score at least 75% of the maximum possible points to pass the second component. A prospective bidder must pass both the first component and the second component to be deemed prequalified to submit a bid on the Project, subject to any other restrictions detailed in the Prequalification Questionnaire Instructions. Any prospective bidder who fails to pass either component shall be deemed not qualified to submit a bid on the Project. POINT ALLOCATION ANSWER KEY FOR PREQUALIFICATION QUESTIONNAIRE 1. Yes = Continue to Questions 2-37

No = Disqualified LICENSE & BACKGROUND INFORMATION 2. 5 or more years = 30

3-4 years = 20 1-2 years = 10 Less than 1 year = 0

3. 5 or more years = 30 3-4 years = 20 1-2 years = 10 Less than 1 year = 0

4. 5 or more projects = 30 3-4 projects = 20 1-2 projects = 10 Less than 1 project = 0

5. No = 20; Yes=0 6. No = 20; Yes=0 7. Yes = 20; No=0 8. No = 30; Yes=0 9. No = 30; Yes=0 10. No = 30; Yes=0 11. No = 30; Yes=0 12. No = 30; Yes=0




INSURANCE INFORMATION 13. Yes = 20; No=0

14. 3 years or more = 20

2 years or less = 0 SURETY INFORMATION 15. Yes = 20; No = 0

16. No = 20; Yes = 0 17. No = 30

Yes = 10 (1 claim) Yes = 0 (2 or more claims)

18. No = 30

Yes = 10 (1 instance) Yes = 0 (2 or more instances)

PERFORMANCE 19. No = 30

Yes = 10 (1 instance) Yes = 0 (2 or more instances)

20. No = 30 Yes = 10 (1 instance) Yes = 0 (2 or more instances)

21. a. No = 30 Yes = 10 (1 instance) Yes = 0 (2 or more instances) b. Within 50 miles of the District’s Operation Center = 100; If not, then = 0.

CONSTRUCTION EXPERIENCE & INTERVIEW OF CONTACTS IDENTIFIED BY CONTRACTOR 22. Leave Blank – References Max 250 points per project (2 projects)




SAFETY PROGRAM & WORKERS’ COMPENSATION

23. Over the past three (3) premium years, If the average EMR is 1.00 or less = 100 If the average EMR is more than 1.00 but less than 1.15 = 80 If the average EMR is 1.15 or more but less than 1.25 = 60 Any other average EMR = 0

24. No = 30 Yes = 10 (1 time) Yes = 0 (2 or more times)

25. No = 30 Yes = 10 (1 occasion) Yes = 0 (2 or more occasions)


INDUSTRIAL SAFETY RECORD

27. No = 30

Yes = 10 (1 occasion) Yes = 0 (2 or more occasions)



30. Yes = 20; No=0

31. Daily or Weekly = 20

Monthly = 10 Quarterly = 0

32. Daily or Weekly = 20 Monthly = 10 Quarterly = 0





CLAIM HISTORY

34. No = 100 Yes = 40 (1 claim) Yes = 0 (2 or more claims)



FINANCIAL INFORMATION 37. The District will calculate the following ratios for each period.

Current Ratio = Current Assets/Current Liabilities =

Greater than 1.5 (50 points) 1.0-1.5 (30 points) Less than 1.0 (0 points)

Debt to Equity = Total Liabilities/Equity =

Less than 2.5 (50 points) 2.5-4.0 (30 points) Greater than 4.0 (0 points)

Days in Receivable = (C/R1 x 365)/Revenue =

Less than 75 days (50 points) 75-90 days (30 points) Greater than 90 days (0 points)

Acid Test = (Cash + Marketable Securities2 + C/R)/Current Liabilities = 1 Includes retention. 2 Does not include marketable securities held in lieu of retention.

Greater than 1.5 (50 points) 1.0-1.5 (30 points) Less than 1.0 (0 points)

38. Completed and signed Certificate for a Review Only of Financial Statement per the

Prequalification Documents: Yes = Pass No = Disqualified

39. Completed and signed Accountant’s Release Letter per the Prequalification Documents:

Yes = Pass No = Disqualified

40. Completed and signed Prequalification Statement (Declaration) per the Prequalification

Documents: Yes = Pass No = Disqualified