20919.24
. Bidding for job order contracts shall progress as
follows:
(a) (1) The school district shall prepare a set of documents for
job order contracts. The documents shall include a unit price catalog
and preestablished unit prices, job order contract technical
specifications, and any other information deemed necessary to
describe adequately the school district's needs.
(2) Any architect, engineer, or consultant retained by the school
district to assist in the development of the job order contract
documents shall not be eligible to participate in the preparation of
a bid with any job order contractor.
(b) Based on the documents prepared under subdivision (a), the
school district shall prepare a request for bid that invites
prequalified job order contractors to submit competitive sealed bids
in the manner prescribed by the school district.
(1) (A) The prequalified job order contractors, as determined by
the school district, shall bid one or more adjustment factors to the
unit prices listed in the unit price catalog based on the job order
contract technical specifications. Awards shall be made to the
prequalified bidders that the school district determines to be the
most qualified based upon preestablished criteria made by the school
district. The prequalified bidders must be in compliance with the
school district's project labor agreement.
(B) Compliance shall constitute no more than three major
violations on any school district projects within the last three
years. If a contractor has more than three violations within a
three-year period of time, the school district shall seek
administrative review of the violations. Violations will include, but
are not limited to, the following:
(i) Failure to register core workers with the appropriate building
trade union.
(ii) Failure to assign apprentices in accordance with Section
1777.5 of the Labor Code.
(iii) Failure to comply with subdivision (c) of Section 20919.25.
(iv) Incorrect assignment of work in accordance with the school
district's project labor agreement.
(2) The school district may award multiple job order contracts
through a request for bid. Job order contracts shall be awarded to
the most qualified prequalified bidders described in this
subdivision.
(3) The request for bids may encourage the participation of local
construction firms and the use of local subcontractors.
(c) (1) The school district shall establish a procedure to
prequalify job order contractors using a standard questionnaire that
includes, at a minimum, the issues covered by the standardized
questionnaire and model guidelines for rating bidders developed by
the Department of Industrial Relations pursuant to subdivision (a) of
Section 20101. This questionnaire shall require information
including, but not limited to, all of the following:
(A) If the job order contractor is a partnership, limited
partnership, or other association, a listing of all of the partners
or association members known at the time of bid submission who will
participate in the job order contract.
(B) Evidence that the members of the job order contractor have the
capacity to complete projects of similar size, scope, or complexity,
and that proposed key personnel have sufficient experience and
training to competently manage the construction of the project, as
well as a financial statement that assures the school district that
the job order contractor has the capacity to complete the project.
(C) The licenses, registration, and credentials required to
perform construction, including, but not limited to, information on
the revocation or suspension of any license, credential, or
registration.
(D) Evidence that establishes that the job order contractor has
the capacity to obtain all required payment and performance bonding
and liability insurance.
(E) Information concerning workers' compensation experience
history, worker safety programs, and apprenticeship programs.
(F) A full disclosure regarding all of the following that are
applicable:
(i) Any serious or willful violation of Part 1 (commencing with
Section 6300) of Division 5 of the Labor Code or the federal
Occupational Safety and Health Act of 1970 (Public Law 91-596),
settled against any member of the job order contractor.
(ii) Any debarment, disqualification, or removal from a federal,
state, or local government public works project.
(iii) Any instance where the job order contractor, or its owners,
officers, or managing employees submitted a bid on a public works
project and were found to be nonresponsive, or were found by an
awarding body not to be a responsible bidder.
(iv) Any instance where the job order contractor, or its owners,
officers, or managing employees defaulted on a construction contract.
(v) Any violations of the Contractors' State License Law (Chapter
9 (commencing with Section 7000) of Division 3 of the Business and
Professions Code), excluding alleged violations of federal or state
law regarding the payment of wages, benefits, apprenticeship
requirements, or personal income tax withholding, or of Federal
Insurance Contribution Act (FICA) withholding requirements settled
against any member of the job order contractor.
(vi) Any bankruptcy or receivership of any member of the job order
contractor, including, but not limited to, information concerning
any work completed by a surety.
(vii) Any settled adverse claims, disputes, or lawsuits between
the owner of a public works project and any member of the job order
contractor during the five years preceding submission of a bid under
this article, in which the claim, settlement, or judgment exceeds
fifty thousand dollars ($50,000). Information shall also be provided
concerning any work completed by a surety during this period.
(G) In the case of a partnership or any association that is not a
legal entity, a copy of the agreement creating the partnership or
association and specifying that all partners or association members
agree to be fully liable for the performance under the job order
contract.
(2) The information required under this subdivision shall be
verified under oath by the entity and its members in the manner in
which civil pleadings in civil actions are verified. Information that
is not a public record under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) shall not be open to public inspection.