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HomeMy WebLinkAboutAgenda 5.B 06/21/2004' l o i z.�. i CITY OF PETALUMA, CALIFORNIA 9 1 AGENDA BILL � � N � ����� Agenda Title Continued Discussion and Possible Action Meeting:Date: ,June 21, 2004 Regarding Prequalification of Contractors for Bidding of Public Works Projects Meeting Time 3 :00 PM ❑ 7:00 PM Category (check one) ❑ Consent Calendar ❑ Public Hearing ❑ New Business Z Unfinished Business ❑ Presentation Dep artm e nt : Director Contact Person Ph o iie''Number : City Manager's Office Michael Bierman Michael Ban, P.E. 7784487 Cost of Proposal N/A Account Number N/A Amount Budgeted N/A Name d Fund: N/A Attachments to Agenda Packet Item Agenda Report Attachment A — City of Redwood City Prequalification Package Attachment B — City of Brentwood. Prequalification Package Summary Statement Contractor pre qualification is rimanl p q p y employed to prequalify contractors for public works projects that require a specific skill or expertise. Petaluma.is currently developing a program for prequalifying contractors for the water recycling facility- project Recommended City Council Action /Suggested Motion City Management recommends the City-continue developing the contractor prequalification package for the Water Recycling Facility and that this package serve as the contractor prequalification template to be adapted for use on future public works projects requiring a specific expertise or skill This document is scheduled for City Council consideration on August 16, 2004. Rev% by Finance Drec or• . Reve ne : Approvea _ ity Mana er: Date: 1 1, te:6 I Vl� da Date: Revision # and Date Revised: File Cod 4 'CITY OF PETAILU MA., CA :Lune, 21;,'2904 AGENDAA FOR CONTINUED PiscusSION AND POSSIBLE ACTION RE GARDING PREQUA'ILIFICATION U OF CONTRACTQRSF P UBLIC WORKS PROJECTS OR BIDDING OF B , 1. , EXECUTIVE �SUMMARY: Contractor prequalification is-primarily employed to prequalify, contractors for works projects that require a specific skill of expertise. Petalumais currently develo a program for prequalifying contractors. for thewat.er recycling facility project City' Management recommends the - City continue developing the contractor prequalification package for the Water Recycling Facility `and - and- that this package serve as.the contractor prequalification template to be• , adapted for use, on future public works projects requinng,a specific expertise or.skill. Thiidoc , urrient is scheduled for City Councl'11 on August 16, 2004. 1 2. BACKGROUND: Introduction Prequalifying bidders is the pr.oc.ess.by which the owner of a public works project screens potential contractors according to a, given set of,criteria Rdgr to an I y competitive b The objective is to identify apodl ofbiddersthat have been determined tub6 and qualified. In 1999, the California Legislature, enacted .a law that - allows many public agencies to require licensed contractors that wish to bid f6tpdblic Works projects to "pre-qualify" for the right to bid onaspecifit public ,works project' The legislation iscodified in Public Contract Code Section 20101. The lavapphes 49 all cities, counties and special districts .,but dde's,, - not apply to K-12 school districts, The law"Ab requife'any publicagency to adopt s'�apfre-qualification system. Instead, it authorizes ,every - public agency to adopt,a.pre-dualification s describes sy stem, and n certain requirements 'that inui st., be rhetJf 'a pub liCagency, chooses .. to adopt such a system. The 1999lawallo s'apu He a' bricy, to two differenikinds,0f pf on procedures -qualification w bi g I re I for public works projects 1. The, law allows a public: agency to establish a',pre- qualification procedure linked to a single project,.or; I SAwater resources & con servati on\con tractor,pre I iq0a1fflcafion\cjty councihjune,21 - 2004\agenda repor Araft 2.doc 2. The public agency may adopt a procedure by which a contractor may qualify to bid on projects which are put out forbid by that agency for a period of one year after the date of initial pre - qualification. The 1.999 law requires every public agency that creates either kind of pre - qualification procedure to 1. Use a "standardized questionnaire and. financial statement in a form specified by the public entity "; 2. Adopt and apply a uniform sysiem.6frating bidders on objeciive.criteria on the basis of'the completed questionnaires and financial statements; 3. Create an. appeal procedure, by which a contractor that is denied pre - qualification may,seek areversal of that determination. The Petaluma City Council considered contractor prequalif °cation on February` 23, 2004. Subsequent to the February 23�d meeting City Management researched the experience of the City of Redwood City and the City of Brentwood, municipal agencies similar to. Petaluma that `have experience with contractor prequalification At the, February 23r "meeting a representative from the:North :Bay Building, Trades indicated .the City of Suisun uses contractor prequalification: City Maria gement spoke with Gary Cullen, Public WorksDrector for the City of Suisun. Mr. Cullen stated the City of Suisun.does not conduct contractor prequalification. Mr. Cullen further stated he would be concerned that a contractor pregi alifcatior procegss would make it difficult to attract a sufficient number of contractors to submit bids on their projects. Municipal Experience With .Contractor Prequalif cation Redwood City is a full- service City located 25 miles south of San Francisco Redwood City has a'populati'on.of approximately 75,000 and covers approximately 19 square_ miles. Their Fiscal 03/04 Capital Improvement Program budget is $35 million. Redwood City uses contractor prequalification.for. very specific projects only,,projeets that require unique skills 'or a specialtycontractor.. They have used contractor prequglification for construction ofa,new Fire Station, a new -City Hall and.foraproject that involved:micro tunneling under Highway 1°01 When used, the contractorprequali.f cation package is adapted' for the specific project: They do not use a'scoring system fthey were not aware of the 1999 law on contractor prequalification). Redwood City, has not received any protests from contractors that determined to be unqualified. Redwood City's prequalification package for the "micro` tunneling project is.provided'under Attachment-A. The City of Brentwood is located in Contra Costa :County and provides a full-range; of municipal services to its` 25,,000 residents: The City icovers approximately 11 square miles. Their FY 0410.5 Capital Improvement Program budget is $60 Million'. LiUe Redwood'City; Brentwood employs contractor prequalification for specialty projects. So far they have only used. ' According to the FY 02/03 06/07 CIP budget. 2 SAWater resources & conservation \contractor prequalification \city council\june 21 - 2004\agenda report.draft 2.doc x it twice: once for their - $14mi Pol>ce.Build>ng and,a second time for their new Wastewater •` Treatment Facility. Brentwood had ,the fohowfrig comments regarding their prequalification 'program: A professional CPA firm is hired to review the financial statements. The prequalification steps are very time - consuming. Prequalification is not used on normal CIP prof ects such as water mains, sewer mains, storm drain projects, and road improvements. They have spent a tremendous amount of time dealing with protests from contractors that were excluded from 'the bid list. The prequalification ,program has not been useful it eliminating problem contractors. Their program, is based on the California Department. of Industrial Relations contractor prequalification model forms.. Brentwood's contractor prequalification package for their new police facility is provided in Attachment B. New Water Recycling FRgi ity The City is currently the contractor prequalification package, for construction of the water recycling facility. As shown -in Table 1,, the contractor prequalification package will be presented to the City Council on August 16, 2004. . Description Date Consultant complete development of draft,, re uahficaton ackage July 5, 2004 City staff and legal review, of,pre ualification p46ka g.e July 19, 20'04 Consultant incorporate City comments and, finalize package July 28, 2004 City Council consider and discuss prequalification package .. August 16, 2004 City issue prequalification package tq contractors. s September 2004 City review contractor .re ualification information' O,ctober/November 2004 City identify list of qualified contractors for water recycling facility November/December , 2004 These documents could serve as, the template for future use of contractor prequalification on City projects requiring a specific expertise or skill. n 3 S: \water resources & conservation\contractor prequzlification \city council \june 21 - 2004\agenda report :draft:2.doc 3. ALTERNATIVES There are two alternatives for prequalifying contractors: Alternative 1— Single Project. Under this ?alternative the City would prequalify contractors for specific projects. These would generally be projects involving .a particular expertise or skill (such as micro tunneling or a water recycling facility). Alternative 2: Multiple Projects. Under this alternative, the City would prequalify contractors for many public works projects. These projects would generally be grouped by discipline or, type of work, such -as road.improvementprojects. The prequalefication fist would be valid foraperiod of 'one year. 4. FINANCIAL IMPACTS Costs for,implement ng contractor pre qua'lification staff and professional services time to develop :the prequalifrcation documents and to review and apply the documents'. Professional services. could include accounting, legal and' engineering services. The costs depend ,on how the program;is "applied. The costs for implementing Alternative .I —Single: Project, would.be much less than implementing Alternative 2 Multiple Projects. If Alternative 2 — Multiple.Projects was selected, implementation and administrative costs and time could be signif can't: S: CONCLUSION There are few Bay Area public agencies similar. to Petaluma that employ contractor prequalifcation Agencies that uselhis tool use it primarily for public works projects,xequiring a special skill or expertise. ,However, some agencies are wary that prequalifying.contractors' will .limit- the bidding pool and bids, won't be competitive, Ifused, it must be: used Judiciously,:—arid, expeditiously, as evidenced by the experience;of'the City of.'Walnut Creek. Six, (6) contractors were prequalified to bid on their new City Hall. Several months later, when they issued the plans for biddingpurposes,.onlythree (3) contractors had submitted bids. Some�of the other prequalified contractors were too busy by the time the plans were issued and made a business decision not Alo submit bid. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFV'5U0CESS1;UR COMPLETION N/A '7. RE COMMENDATION : City Management recommends the City continue developing the contractor prequali'fication package _for the Water, Recycling Facility and that this package serve as the contractor prequali f cation template to be adapted for use on future public works projects requiring a specific expertise or skill. 0 SAwater resources &:consmationkontractor Prequalification\city councihjune 21 - NO 4\agenda report.draft 2.doc JU ATTACHMENT A CI'T'Y OF REDWOOD CITE' CONTRACTOR PRE QL ALIFICATION PACKAGE • SECTION 00120 CONTRACTOR QUALIFICATION GUIDELINES 1.01 GENERAL REQUIREMENTS A. General: 1. The Qualification - Submittal is being_ used to 'determine: qualified microtunneling contractors for this Project. In all ' cases, the mic'rotunneling Contractor that ultimately conducts the construction work shall comply with the requirements of the Construction Contract documents for the project. 0 B. Contractor Qualification Process: 1. Pursuant'to the California Public Contract Code and the charter of ,the 'City of Redwood City, the City of Redwood City'(hereafter "awarding body" ) required to, determine whether that the contractor. submitting the lowest bid on the 'above- described Project is "responsible." The courts in 'California have interpreted the tefm "responsible bidder" to mean a contractor that, in the view of the awarding agency; is qualified, fit and capable, based on past experience and current ability, to perform and complete the work in question in a timely manner. 2. Poor past performance, by! itself, is an adequate ground for determining that a bidder is not responsible. 3. The term "responsible . bidder" also connotes a contractor: that 'is "trustworthy." The concept of trustworthiness i's: separate and distinct from they issue -of ability to perform the work; and a contractor's to comply with all'relevant laws, as demonstrated by its past record and the record of its owners, officers and managing employees, is highly relevant to a determination of whether it is trustworthy. 4. In order to fulfill its legal duty to award a contract for'the Project to the contractor that is "responsible," the awarding body will only accept bids from° those contractors who have determined they meet the qualification standards referenced' herein. In`order to qualify for the award of 'a contract a contractor must complete a separate questionnaire (copy attached with the `bid proposal in Section 001,10) which is designed to elicit relevant mation about licenses; past .experience in performing similar projects, financial _ability, com ' p nce l epasth and c a ms and litigation, arid, re gulations; ability to obtain rnsura and staf fing. Each contractor must provide all requested in the questionnaire and an authorized representative of. each " ' contractor rrnustsign ,they questionnaire under penalty of perjury The awarding, body must receve''the °questionnaires along with the bid` proposal: Failure to provide the information outlined' herein by the 'time frame previously listed may result in the disqualification of the bidder and removal from consideration for ;'award' of a contract for this Project.' If any inforrriation_ provided' by contractor becomes inaccurate, the party'that provided the information must immediately notify the - awarding body and provide updated accurate information in writing and under penalty of perjury. 5. The information supplied by contractor willi be reviewed..and verified by the awarding body. and, based on that verified information and all other information known to the CONTRACTOR, QUALIFICATION GUIDELINES 00120-1 FRIENDLY ACRES PHASE 11 ,awarding body, a determination will be made as to whether the contractor °is "responsible." In addition, a contractor will be found not to be responsible if any of the following occurs: a. The questionnaires are not. returned,with the bid proposal. b. All information requested by the questionnaire is not provided by the contractor. c. The questionnaires are not signed under penalty of .perjury by individuals who have the authority to bind the contractor on whose behalf they are signing. d. Information contained in the :questionnaire is not updated under penalty .of perjury when it is no longer accurate. e Information provided by the contractor is misleading or' inaccurate in any material etc manner (g&, -financial resources 'are overstated; previous violations of law are not accurately reported; etc.) It is important to note that even after :a contractor has been, determined to be responsible,, the awarding body reserves the right.to revoke that determination at any subsequent time, and to cease making payments,, if- it determinesL that any ;information provided by the contractor was incomplete,, misleading or inaccurate in any material :manner. 6. In: addition, a contractor will 'automatically be found not to be responsible if' the information it provides reveals that: a. It lacks a valid license. b. Within the pasts years its license was suspended or revoked. c. Within the past 5 years'its surety had to complete its work. d. It is unable to obtain the requisite'boriding or insurance. e'. Within the past 5 years it has incurred two, or more sustained 'claims of $50 or more from an owner or `performance /payment bond surety based on (a) poor workmanship/incomplete, performance or (b) ; unexcused delays in completion. f. Within the past 5 years it has filed two or snore; claims of $50,000 or more against owners for extra, compensation -and 'it, (or its surety or insurer) has failed to receive ;a recovery of at; least 50% of the amount; in tlisp;ufe.. g. Has less:, than 5 years of experience, and has been convicted, of any Violations to federal, state and local laws (including but not ;limited to failures to pay prevailing wages, and empl'oy'apprentices). 7. The information requested in the questionnaire is summarized below. The.questionnaire is not a public record and, is not open for public inspection. All information provided will be. Kept confidential to the .e)tent p ermitfed by law. The awarding body reserves the right to reject any and All :qualification questionnaires and to waive any irregularities 'in - the information provided therein. 1.02 GENERAL'INFO:RNIATION CONTRACTOR QUALIFICATION GUIDELINES 00120. -`2 FRIENDLY ACRES PHASE 11 i b j A. Information Included; 1. This includes name;' address, telephone and fax numbers of contractor; name and position of person completing the questionnaire; scope of work to be performed by contractor,. and ' how long the contractor has been authorized to perform work in this state. B. License Re g uirements: 1. The contracto.r and each of Its subcontractors; must . provide information .demonstrating that theyare cu rrently licensed to,perfofm work'in California. C. Company Experience: 1. The ricrotunneling- contractor shall have successfully completed five (5) microtunneling projects with at least one drive on one of the projects which exceeded, hundreds (800) feet of pipe and.ahalll�have installed five thousand (5,000) feet of .pipe wifhin the last `five (5) years, using a slurry microtunneling machine with contro'llab'le face pressure and A baser target system. The Contractor shall have ''installed and used intermediate jacking stations on at least one of the projects listed for' qualification purposes. At least two (2) projects must have been completed in mixed 'sandy clay and bay ;mud conditions. At least one (1) project must have been completed, in the presence of at least 10 feet of groundwater head. At least one' (1:) project must have been :completed with forty -eight (48) inches (or'farge'r) interior diameter RCP pipe. Submit a 11 st of a minimum of five (5) descriptions, of projects to satisfy the experience requirement given above: Incl'ud'e the following information at a minimum: a. Project 1'ocation and' and date. b. Pipe type, material and inside diameter. C. Name of. owner and owner's representative, including addresses and telephone number. d. Owner's on= site:construction manager, including, name and phone number. e. Type of equipment used, including manufacturer and machine type and size. f. Geotechnical Conditions, including soil /rock characteristics and groundwater levels. g: Total footage, number of drives, drive lengths and 'identify drives where intermediate jacking stations were installed and used. Shaft depths. h. Maximum 'line and grade deviations of installed' pipe. i. Microtunnel ng; contract or subcontract bid and change order amounts. j. Identify any drives that were not successfully completed per specification, i.e., anywhere the machine had to be retrieved other than at a reception shaft. CQNTRACTOR QUALIFICATION GUIDELINES 00120-3 FRIENDLY ACRES PHASE JI i ..Describe the reason for termination of the drive and the remedial measures employed for retrieval of the machine. k. Include whether the work was performed as a 'prime contractor or as a subcontractor. D. Microtunneling Machine. Submit' proof that the slurry microtunneling machines used on these past projects shall be manufactured by Akkerman, Herrenknecht, Iseki, or Soltau, , or shall be, similar in operation and control to machines of these manufacturers.. E. Project ;Superintendent.. The contractor must list the person, and :one` alternate„ it will assign to act as the full time superintendent 'and /or foreman 'for 'the Project. The contractor may' not deviate: from the persons listed. All persons listed must meet the minimum specifications listed here in. `The Project Superintendent shall have at least, three (3) .years 'of microtunneling experience and hall have served as Project Superintendent on a ,minimum of 3 microtunnel projects totaling 5,000 feet or more of microtunneling (with ( 800 feet of pipe gat least one drive; on one project which equaled or exceeded ,eight, hundreds -] p g ry g machine with controllableface , e usm a slur microtunnelin , pressure and a„ Laser target syst'em). Submit 'the name :resume and experience summary of one or two Project Superintendents who will be available for this project. ,project information'including, project name, project location, Owner's representative; and . phone number, length of microtunneled footage, ,geotechn.'ical conditions, 'and. machine type and manufacturer shall be presented in such experience. F. Microtunneling Machine Operators. Submit the name, resume., and experience summary of two qualified microtunneling machine operators who shall be, available for this' project. The microtunneling machine operators shall have a minimum of` three (3) years of experience and shall :have been the lead operator° on slurry microtunneling machines on a .minimum of. three (3) projects. At ;least two (2) of ;the microtunneling projects. shall be in similar soil /rock conditions and groundwater heads anticipated on the: proposed project. The operator shall have at least one (1) project where intermediate jacking stations; were installed in the pipeline and used'. All project information 'including project name, project location, Owner's re,pres,entative and phone ,number,- length of microtunneled footage, geotechnical conditions, and machine type, and manufacturer shall be °presented in- such experience summary. On each of the projects listed in the experience statement, identify if any of the drives were terminated prior. to the design length for any °reason. This would include any circumstances where the machine: got stuck or experienced mechanical, electrical, or hydraulic problems on. any of these projects. List the reason for 'the rnachine'a inability, to advance and any remedi'al' measures that were employed to rectify the, situation. The machine operator cannot be the'same person as proiect superintendent'. G. Compliance. With 'Laws: The contractor must demonstrate trustworthiness by providing information about prior compliance with 'federal, state antl local laws, and .about any disqualifications or removals' that have occurred in the past'five (5) years. H. . Financial Requirements 1.The - dontractor must demonstrate their financial ability to complete work on the "Project. CONTRACTOR QUALIFICATION GUIDELINES 00 FRIENDLY ACRES PHASE 11 Safety: ' Y y N The: °contrac tor' must demonstrate that; he. 'have .the abilit to work on the Project in a safe manner. J. Bond and ,insurance: 1.The contractor must demonstrate their ability to :obtain °,the ,bonds and insurance required for performing work on the Project: Requirements are stated in Bidding 'Requirement - Section 00100= 102,and Agreement - Section 00200, Paragraph 8. K. Litigation 1.The contractor, and each of its subcontractors, must not have any claims or litigation. against the awarding body or against the project manager (if applicable). 2.The contractor, and each , of its subcontractors, must 'also,provid'e information about :all litigation, claims and arbitrations that are currently pending. 1.03 PREVAILING WAGE REQUIREMENTS A. General: 1. This Project requires the payment to all employees of prevailing ..wages as determined by the California Department 'of' Industrial Relations. The ,contractor, and each of its subcontractors, must verify that they are familiar with the provisions of California Labor Code sections 1`720 -1861 and. Title 8, California Code of Regulations, sections 16000- 16403, and with the requirements and obligations ;(including record keeping and employment of apprentices) imposed by those sections on all contractors and subcontractors who perform work, on public °works proj'ect's. 2. If a contractor and all its Listed subcontractors are found by the awarding body to be responsible, the contractor may not thereafter substituie. a different subcontractor for one that was previously prequalified provided, however, 'that if the contractor proves to the satisfaction of the awarding body that one of its previously prequalified subcontractors is no longer in business; the contractor may request the„ awarding body to qualify another subcontractor to "replace the one that is no longer in business. 'CONTRACTOR QUALIFICATION GUIDELINES FRIENDLY ACRES PHASE Il 00120-5 SECTION 0011-0 PROPOSAL. FORMS FOR THE CONSTRUCTION OF FRIENDLY ACRES AREA STORM DRAIN IMPROVEMENTS PROJECT — PHASE'''ll To the Honorable City Council. City of Redwood'.City City Hall Redwood City, California Dear Council Members:. The undersign. ed, as a bidder, declares that he has. carefully examined, the location, of the_ proposed work, the annexed proposedjorm of Agreement, the: Plans, the General. Conditions, the Special. Conditions and 'the Technical 'Specifications and he :proposes and agrees that,, if this proposal is accepted, he- will contract with the City of Redwood City to ,provide all necessary machinery,, tools, apparatus, and other. means of construction, to do all the work and furnish all the materials specified in the contract in the manner and time. therein set forth required to complete the Friendly Acres Area Storm Drain_Improvements P'r.oject — Phase ll. Construction, shall. :be in strict conformity with ,the Plans and Specifications prepared therefor by the: City. Engineer. copies of which are on file in the office of- the City, Engineer, which Plans and Specifications .are :hereby made. a part thereof. The bidder proposes and, agrees, to. contract with said City of Redwood City to furnish :and perform all of the above described work, including. subsidiary obligations as defined in said specifications forthe following prices, to wit: Bidder shall compute 'the item cost.b.y multiplying the estimated quantity by the unit price and shall enter the resulting figures in the "Item Cost" column to the nearest cent. In the event of any discrepancy between the Item Cost as computed by bidder and the..result of multiplying the estimated quantity by the unit price, the result, of multiplying the estimated quantity by the unit price shall control. PROPOSAL FORM 00110 -1 FRIENDLY ACRES AREA STORM DRAIN' IMPROVEMENTS -PHASE II I III I . It b is understo n y bidder that the quantities stated below are •estimated quantities and are to , be use od .d as a basis for comparing bids only. Item No. EST. Qty. Unit Description of Item U nit ,Price Item Cost 1. LS LS Mobilization, Traffic Control, „ $ Notification and Other Incidentals $ 2. 670' LF Install 66 "RCP storm drain by Microtunneling 3. 1 EA. Construct SDMH # 1 4. 1 EA Construct SDMK# 2 5. 1 EA Construct Launching Shaft 6. 1 EA Construct_ Receiving Shaft 7. 2 EA Obstruction Removal (Revocable) 8.. 10 LF Depth Adiustmentfor Obstruction Removal (Revocable) 9. 1 LS Dewaterih TOTAL BASE BID (ITEMS 1 — 9) $ SPECIAL INSTRUCTIONS' TO BIDDERS Bidders must satisfy themselves by personal examination of the location of the proposed work, and by such other .measures as they may prefer, as to the actual conditions and Irequir'eme "nts of the work, and shall not ; . after submission of the bid, dispute, complain ;or assert` that. there was any misunderstanding in regard to the nature or amount of the work to be done. PROPOSAL FORM FRIENDLY ACRES AREA STORM DRAIN IMPROVEMENTS— PHASE 11 00110 -2 LIST O`F SUB - CONTRACTORS As required under the provisions of Section 41-04 et seq of the Califomia .Public Contract Code, any, person making a bid 'or offer to perform the work, shall in his or her bid or offer, -set forth` (a) The name and location of the place of business of each subcontractor who will 'perform work or labor or render service to the prime contractor in or aboutthe construction of the work or improvement, or a subcontractor licensed by the State of California: who, under subcontract to the primary contractor specially fabricates and installs a portion of the work or. improvement according 'to detailed drawings Contained in the 'plans and specificati'ons', in an amount in excess of one -half of 1 percent of 'the prime contractor's total bid; (b) The ;portion of the work which will 'be done by each such subcontractor under this act The prime contractor shall list only one subcontractor for each such portion as defined by the: prime" contractot in his or her bid._ As required under the provisions of Section 4104 et seq of the California_ Public Contract. Code, the "following Sets forth the SUb- Contractors we propose to engage on the following items of work. Any item of.-work which, does not set forth a designated Sub- Contractor will be done by the Prime Contractor. Name & Address Type of Work (Prime Contractor) Signed by: Title PROPOSAL FORM I 00110 =3. FRIENDLY ACRES AREA STORM DRAIN IMPROVEMENTS - PHASE 11 . . .,. It is understood and agreed that the undersigned "shall complete the work'within the time provided for in the specificat ions 'covering said work, namely Ninety (90) calendar days. If awarded the contract, the undersigned hereby :agrees,, to. sign said contract and to furnish the necessary bonds within twenty (20) days after being requested to do so by the City. The undersigned has'ezamin'ed the location H of .the proposed work and is familiar with the plans, the 'Special Conditions, and the'iocal conditions at the place where the work is to be done. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible Jor any errors or omissions on the part of the undersigned in making up this bid. The undersigned hereby certifies that, this bid is genuine,, and not sham or collusive, or made in the:' interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid or any other person, firm or corporation, to refrain from bidding and that the undersigned has not in any manner sought by collusion 'to secure' for himself an advantage over any other bidder. Enclosed find b'idder's bond, certified check, or cashier's check in the amount of ten (10 %) percent of the, bid for ($ ) to guarantee execution of contract and furnishing of the necessary bonds as above provided, if awarded the contract: Contractor acknowledges receipt of Addendum Nos. thru Contractor Signed by Titfe7 Address Telephoned Dated this _ day of , 20; License No, Classes) „ I NOTE; Calf ornia and mlicensed st n ive under class es of the State of in PROPOSAL FORM 00110 -4 FRIENDLY ACRES AREA STORM DRAIN IMPROVEMENTS— PHASE 11 STATEMENT OF QUALIFICATION FORM (Bid.de.r is required to completely fill out this form and provide the required attachments. Bidder shall' submit the entire package together with the Bid .Pro posal. Please refer to Section 00120 - Contractor Qualification Guidelines of the Project;$pecifi.cationfor Filing Guidelines.) 1.01 GENERAL 'INFORMATION A. Contractor Name: B. Address: C. _ Telephone Number.. D. Fax Number E. E -mail Address: W F. Company ;Experience The contractor must provide, as attachment,, information demonstrating prior relevant company and personnel experience, within the past 5 years, on projects of a similar size and complexity to this Project as required in Section'00'1'20 — 1.02.0 G. Mirotunneling 'Machine Submit, as attachment information of applicable machines type and made las required in`Section 00120 1.02D. H. Proiect Superintendent Submit, as attachment, name and resume of ;qualified project superintendent as required in Section 00120 — 1.02E: I. Microtunnelina _Machine Operators Submit, as attachment, name > and resume of qualified operators as required in Section 001.20 — 1.02:17: 1,.02 LICENSE REQUIREMENTS A. Name of license holder as'per California State License Board records: B. License - Classification Number: C. License Expiration Date: D. Has this license been suspended or revoked in the, last four (4) years? If yes,. please attach an explanation.. 0 Ye. s 0 No PROPOSAL, FORM 00110 -5 FRIENDLY ACRES' AREA STORM DRAIN IMPROVEMENTS - PHASE 11 "J u 1.03 FINANCIAL'REQUIREMENTS A.. Attach hereto a letter from your firm's corporate Surety, or agent that they will provide. a Treasury Payment and Performance Bond ''if requested and indicate your current available bonding_ capacity. Surety must be admitted in the State of California. B. Attach hereto. a list of your fiscal year volume for the ,past four (4) years. For the current fiscal year, please attach hereto your projection. C. Attach hereto a listing of your backlog projects with their respective contract values and current known project start and completion. dates. 1.04 SAFETY A. List your firm's Experience Modification Rate (" EIVIR") for the past four (4) years: 1. 2000: 2. 1999: 3. 1998: 4. 1997: B. If your'EMR is currently 0.95 or greater, attach a letter of explanation. C. Within'the past 24 months has your firm been cited for violations of CAL -OSHA standards or requirements? If yes, attach a written explanation. 0 Yes 0 No D. Do you have a written Injury and Illness Prevention Program in place that meets CAL -OSHA 8CCR, Section 1509 Requirements? O'Yes 0 No E. Site safety representative 1.05 BOND AND INSURANCE A. Attach hereto evidence of bond and. insurance. "in compliance with requirements as outlined in the" Section 001`20- 1.02.J. 1.06 LITIGATION A. Provide and attach hereto a list of all unresolved claims, litigation disputes, arbitration' termination, for cause, by and against the applicant, and a brief. description associated with any of the applicant's projects in the past four (4) years. PROPOSAL FORM 00110 -6 FRIENDLY ACRES AREA STORM DRAIN IMPROVEMENTS — PHASE If B. - Provide and attach hereto a list of any current, claims or litigation with any California 'municipality. 1.07 PREVAILING WAGE. REQUIREMENTS A.. This is a prevailing wage project; there are strict~ requirements concerning payment ;of wages and benefits, "record keeping, and employment apprentices. Accordingly, please provide the following information: B. As defined by the California Labor Code, do you offer .a 'Health and Welfare Plan for your field personnel? If 'yes, please state the nature of the benefits provided the name and .address of the program administrator and how long you have participated in the program. 0 Yes D No C. As defined by the. California Labor Code, !do offer a Pension Plan for your field personnel? If yes, please state the ;nature of the .benefit provided; the name and address of the program administrator'and how long you have participated in the program. d Yes 0 No D. Are you currently participating in an Apprenticeship Program certified by the State of If yes, please specify. Q Yes _ 0 No E.: In accordance with Section 1776''of °the California Labor Code, a Certified copy of all employees payroll records shall be made available upon request. F. Do you have experience in providing certified payrolls? If yes., please provide thename(s) of up.,to three (3.) projectsi for which a certified payroll was provided With the last two. (2) years. 0 Yes 0 .No G. Has your organization been assessed any penalties for non - compliance' violations of the Federal or` State Labor Laws and regulations within the past four (4) years? Yf so, please attach an explanation. 0 Yes 0 No H. Does your organization have any ongoing ;investigations by any agency` regarding violations of the State Labor Code, California Business and Professions Code, or State Licensing Laws? if yes., please attach any explanation. 0 Yes 0 No PROPOSAL FORM 00110 -7 FRIENDLY'ACRES AREA STORM DRAIN IMPROVEMENTS -PHASE II Doe"s' organization have any outstanding judgments, demands or liens resulting from. violating the Business and Profession Code, and /or the State Labor Code? If so, please attach an explanation. 0 Yes 0 No a 1.08 ORGANIZATIONAL'STRUCTURE A. Applicant is ( ) A.,C,prp6ration ( ) A General Partnership ( ) A Sole Proprietorship ( ) A Joint Venture A Limited Partnership ( ) A limited Liability Corporation ( ) Other B. If Contractor is a .Corporation, name the State, of Incorporation s_ C. Number of years the applicant has been contracting. D. Number of years the. Contractor has been microtunneling E. Banking institution authorized to provide corroboration ofapplicant's financial stability: Name: Address: Contact: Telephone 1.09 EXECUTION A. The undersigned is a legally authorized representative "of the. Contractor. The legal, name of the Contractor is B. State of California ,Contractor's License Number Type: C. The principal below being first duly sworn, says that all statements and information contained in this .Submittal are complete and accurate, and that this Submittal contains no false or deliberately misleading information. Contractor Printed Name Signature Title PROPOSALFORM FRIENDLY ACRES AREASTORM DRAIN IMPROVEMENTS - PHASE II C' 00110 -8 -Subscribed and sworn to before me this day of 20 Nbtary.Public in and for the State of - Residing at Expiration Date: PROPOSAL FORM 00110 FRIENDLY ACRES AREA STORM DRAIN IMPROVEMENTS - PHASE 11 0 1. , 0 1 ' ''NONCOLLU`SION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID • State of California ) )ss County of ) being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on 'b'ehalf of, any undisclosed person,, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or share bid,: and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price" , or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid,' and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate 'a collusive or sham bid. Signature i PROPOSALFORM FRIENDLY ACRES AREA STORM DRAIN IMPROVEMENTS- PHASE 11 00110 -10 ATTACHMENT B CITY OF BRENTWOOD CONTRA CTOR . PRE'QLJALIFICATION PACKAGE • • gm 336 R EQU ES T I i PREnmQUALIFICATION OF GENERAL C x �, ELECTRICAL !,1', i( � 1 � h i r SUBCONTRACTORS pG 2 RrEQUEST FOR PRE - QUALIFICATION OF GENERAL CONTRACTORS AND .ELECTRICAL SUBCONTRACTORS' Notice is hereby given that The City of Brentwood ( "Brentwood" or "City ") has deterrninedll..that all general .contractor and electrical subcontractor bidders on the Police Station ProjecUlnust be .pre- qualified prior to submitting a on that project. It is mandatory tha t; all contractors who intend to submit a bid as a general contractor or electnc or full com fete the re- al',s bcontract fully complete p q ualification questionnaire, provide all materials requested herein, and be approved by Brentwood to be on the final qualified Bidders list. No bid will be accepted from a general contractor or electrical subcontractor that has failed toL comply with these requirements. If two or more business entities submit a bid as part of a Joint Venture; or expect to submit a bid as part of a Joint Venture, each entity within the Joint Venture must be separately qualified to bid. 2003 at 2:00 p.m. The last date to submit a fully completed pre - qualification. questionnaire is January 27, Project Description: A single contract will be awarded for construction of the City of Brentwood Police Station Project. This new facili 1 ty ` constructed on a'site owned by the City of : is to be Brentwood, `located at 2000 Central .Boulevard. This project, will include administrative offices, detention facilities, evidence room, records, dispatch center, sally port, and on- site improvements such as parking areas, lighting, landscaping, security walls, gating, covered:parking and may include erection of a manufactured warehouse and shooting range. Drawings• for °the -Project thatwere prepa red.for a 95 p ercent design review submittal are available for review.at the City of Brentwood Engineering Department Office and are part of the pre qualification package. The final specificadons`and drawings prepared for the construction documents are subject to change. Y The total construction cost of the Project is currently estimated at $7.5 to 8 million. The electrical ort the total project is estimated at $800 to I million. p, on of The Ci has.h ty � ad some work at the site performed' and the 'following work related to the Project is . complete: 'tough. ,grading, installation of offsite 'utilities, sidewalks, and construction of the',buildirig pad including engineered' fill_ General Directions: Contractors are encouraged to submit pre- qualification packages, as soon as possible so that they may be notified of omissions of information to be remedied or of their pre- .qualification status well in advance of the bid advertisement for this project. 3 Answers to questions contained in the attached questionnaire, information about current bonding capacity notarized statement from surety, and the most. recent reviewed, or audited financial statements, with accompanying notes; and supplemental information, are required. rentwood will use these documents as the basis of determining whether each Contractor is qualified to bid. Brentwood reserves the right to check other sources for information. The City_ 's decision will be based on objective evaluation criteria. Brentwood reserves the right to suspend .or rescind the pre- qualification rating based on subsequently learned information,,. Contractors whose rating changes ,sufficient to disqualify them will be notified, ,and be ,given an opportunity for a hearing consistent with the hearing procedures described below for appealing a pre - qualification rating. AAUle it is the intent of the pre - qualification questionnaire and documents. required therewith "to assist' Brentwood in determining'bidder responsibility prior- to bid and 'to aid the City in selecting the lowest responsible bidder, neither the fact of pre- qualification, nor any pre- qualification rating., will ,preclude Brentwood from making �a post -bid consideration and .determination of whether, a bidder- hasi the quality, :fitness, capacity. and. experience to satisfactorily perform the proposed work, and- has demonstrated the requisite trustworthiness. The pre - qualification packages; should be submitted. in a. sealed envelope, marked "CONFIDENTIAL," to Attention City Clerk, City of Brentwood, 708 Third Street, Brentwood, California, 94513, New Police Facility Pre Qualification, "(1Vlarna Huber,. Proj,ect.Manager). The pre- qualification packages (questionnaire answers and financial statements) subrrdtted by Contractors are not public records and are not 'open to public inspecti on: 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 jappeal hearing: State law requires that the names of contractors applying for .pre qualification, status shall, be, public records subject to disclosure, :and the first pager of the questionnaire will be .used. for that purpose. Each questionnaire must be signed under penalty of perjury in the manner designated at, the end of the form, by an individual 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 the City and provide updated accurate information in writing, under penalty of perjury.. Brentwood reserves the right to waive minor' irregularities and omissions in the information contained in the pre - qualification application submitted, to snake all final determinations; and. to determine at any time that the pre - qualification procedures will not be applied to a,specific future. public works project. 4 Brentwood ma, :rfuse to ant p re- ! qualification where the re uested information and . Y' e . S�' - q , materials 'are not provide . .e not provided by January 27, 2003 'by 2:00 p.m. There is :no appeal from a refusal based upon an incomplete or- late application. The closing time for bids will not be changed in order to accommodate supplementation of incomplete submissions, or late submissions. Where a timely and completed application results in a rating :below that necessary to pre- qualify, an appeal can be made. An appeal is begun °by the Contractor delivering notice. to Brentwood Hof " appeal, of 'the decision with respect: to its pre - qualification rating, no later. than ten business days prior to the closing time. for the receipt of bids for this public works project; Without.a timely appeal, the Contractor waives any and all rights to challenge the decision of Brentwood, whether by ,administrative process, judicial process or any other legal processor proceeding. If the 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 business days after the City receives the notice of appeal, and. no later than five business days prior to the last date for the receipt. of bid§ on the project. The hearing shall" .be an informal process conducted by a panel to ' whom the City .Council 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 City's pre - qualification determination. The Contractor will be given the opportunity to present information - and present reasons` in opposition to the rating. Within five days after the conclusion of the hearing; the Appeals Panel will render its decision. The date for the.subri ssion and opening of bids will not be delayed or. postponed to allow for completion of an appeal process. In addition 'to other, grounds' a contractonmay'be found, not pre- qualified for either: (1) Omission of requested information or (2) Falsification of information NOTICE: � To contractors who are using subcontractors for this job, please be advised that the City'may require the following as. to subcontractors: 'The qualification of 'subcontractors in the following crafts or 'trades, following acceptance of your bid, but before the award is made: Security hardware and software. ❑ Pre - qualification of all subcontractors. Z Pre - qualification of subcontractors in. certain crafts. - Electrical Subcontractors ❑ Post -bid qualification review. 5 Anticipated pate4 Project Schedule: The anticipated project schedule is shown below, however please note that. the following schedule is subject to change due to events outside, the control of the City of Brentwood: Date , JANUARY 27, 2003 TO BE" DETERMINED February 2003 To be determined To, be detett To be determined Milestone PREQOALIFICATiONPACKAGES DUE 'TO CITY 'NOTICES TO PREQUALIFI80 FIRMS Advertise for Bids Open Bids Award,-Construction Contract Completion of 'Construction Contract- This'Pr6qualificationYackage is specific to the i Project, znd. is not a . - quAlification. 1 for perforn-iingi other projects or City projects. in general. Each, general contractor and electrical subcontractor wishing to submit a bid for the Project must fully complete the Pr Package, provide -all m,.,aterials: requested and satisfy the minimum prequahfication criteria. In accordance with Public Contract Code Section 3300, the City has determined that general, contractors bidding on the Project must: have a Class B contractor's license in order to beL eligible for an award of the contract. Electrical subcontractors on the Project -must have a C-10 contractor's license in: order to be eligible to perform, the electrical work. D 9 e'nt of Industrial 'Re ations' Model ha a been modified for `t rtm his Project. The Scoring f. 're. ualificaton acka g p q , p � ge's will, follow the criteria' established for the model documents. CONTACT INFORMATION Information on this page is public., Firm Name: Check One: 0 Corporation (as it appears on,license) ❑ Partnership Sole Prop. Contact Person: Address: Phone: Fax: If firm is a sole proprietor or partnership: Owner(s) of Company Contractor's License Number(s) PART I. ESSENTIAL RE:Q IIREMENTS FOR QUALIFICATION Contractor will be immediately disqualified if the answer to any of questions 1 through '5' is "no. "1 Contractor will be immediately disqualified if the answer to. any :of ;questions 6, 7, .8 or 9 is "yes." Z If 'the answer to question & is "yes," and if debarment would be the sole reason for denial of pre qualification, any pre - qualification issued will exclude the debarment period. 1. Contractor , possesses a valid and current California Contractor's license for the project or projects for which it intends to submit a bid. ❑ Yes- ❑ No 2. Contractor, has a liability insurance policy with a policy limit of at -least $5,000,000 per occurrence and $5,000,000 aggregate. ❑ Yes ❑ No 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 if has no employees 4. Have, you attached your latest. copy of` a reviewed or audited :financial staterent with accompanying.notes and supplemental information.' ❑ Yes ❑ No' NOTE: A financial statement that is' not either reviewed or audited is' not acceptable. A letter verifying availability of a line of credit m_ ay also be attached; However,, it will be considered" as supplemental information o nly; , and is.not a substitute for`the required financial statement.. S: 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 sufficient .for the project for which you seek ;pre - qualification if you 1 A "no" answer to Questi on -4 wih not be disqualify if the-contractor is exempt from complying with Question,4', for reasons explained in footnote'. z A. contractor disqualified solely because ofa, "Yes" answer given to question ,6, 7, or 9'may. appeal the disgtialification�and,provide an explanation of the,relevant circiimstances during the °appeal procedure. 3 Public Contract,Codesection.20101(e) exempts from'this'requirement a contracior'who has qualified as a small business pursuant" to Government Code section 14837(d)(1),, if the bid is "no.more than 25 percent of`the qualifying amount provided in section 149 7(d)(:1)" .As of Januaryl 2Q01, the qualifying amount is $10 million; and 25 percent' of that amount, therefore,' s $2.5' million. are seekin pre- g' , bondin' c g ac ,ualific_ r a .single project; or (b) your 'current available '' ation'fo a. g p ty ' ❑ Yes ❑_ No, NOTE': Notarized statement must be from the ,surety company, not an agent or broker. 6. Has your contractor's license been revoked at any time in the last five years? Yes ❑ No 7. Has a surety firm completed a contract on your behalf,. or paid for completion because your firm, was default terminated by the project owner within the last five (5) years? 0 Yes ❑ No 8. At the time, of submitting this pre - qualification #orm, is your firm ineligible to bid on or be awarded'" a, public, works contract, or perform as a subcontractor on a public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7 ?' ❑ Yes ❑ No If the. answer is "Yes,.. " - state the beginning and ending dates of the period of debarment: 9.. At an time. Burin the last! y g five y ears, has your firm, or .any of its owners or officers been convicted of ua crime involving the .awarding of a contract of a government construction prof,ect, or the bidding or performance of a government contract? .Yes ❑ No • An additional notarized statement from the surety may be requested by Public Entity 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. 9 PART II. ORGANIZATION,JIIST'ORY, ORGANIZATIONAL PERFORMANCE, COMPLIANCE WITH CIVIL AND- CRIMINAL LAWS A. Current Organization and Structure of the Business For Firms That Are Corporations 1a. Date incorporated 1b. Under; the laws of what state: 1c. Provide all the following information for each person who is either (a) an officer of the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten percent of the corporation's stock. Name Position Years with Co. % Ownershi 1d. Identify every, construction firm 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 : uestion, " " q, 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 1;s a cor pora 'tion. Dates of 'Person's Participation Person's Naxine Construction Firm with.Firm For Firms That Are Partnerships 1a. Date, of formation: 1b. Under- the laws of what state lc. Provide all the following information for ,.each partner who owns 10 percent or more of the firm. [N Position. Years with Co. % Ownersh 'p 10 • 1d. 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. NOTE: For this question "owner." an d , " w partner" refer to onership' of ten Percent ormore of the business, or ten percent or more of.its stock, if the busin is a cnrnnratinn_ .Person's Name ConstructionCompany Dates of Person's Participation with Compan For Firms That Are Sole Propfietorships la. Date of commencement'' of business. 1b. Social security number of company owner. lc. Identify every construction firm that the business owner 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 nitre. of the business, or ten percent or more of its stock, if the business is a rnrnnratinn_ Person's Name Construction Company Dates of Person's Partici ation with Company For Firms That Intend to Make a Sid as Part of a_Joint Venture la. Date of commencement oft joint venture. , 1b. Provide all of the following 'information for, each firm that is a member of the joint ver tune that ezp ects''to bid on. one or - more projects- Name of firm �, % Ownership of'Joint Venture • 11 B. History of the Business and Organizational Performance 2. Has , there been any change in ownership of the firm. at any time during the last three years? NOTE: A corporation whose shares are publicly traded is not required to answer this question. ❑ Yes ,❑ No If "yes, explain on a separate signed page. 3. Is the firm a subsidiary, parent, holding company or affiliate of another construction firm? NOTE: Include information about other firms if one firm. owns 50 percent or more of'- another, or if an owner, partner, or officer of your firm holds a similar position in another firm. ' ❑ Yes F No If "yes," explain on a separate signed page. 4. Are. any - corporate officers; partners or owners connected to any other 'Constructi'on firms. NOTE: Include information about, ,other firms if an owner, partner, or officer of your firm holds a similar position in, another firm. Yes No If "yes," explain on a separate signed page. 5 State your firm's gross revenues for each of the last three years: 6. How =many years has. your. organization been in business 'in California -as a - contractor, under your present business name and license number? years 7. Is. your firm - currently the debtor in a bankruptcy case? ❑ 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. 8. Was your, firm in bankruptcy atany' time during1he last..five,years? (This question refers , only to a bankruptcy action that. was not described in answer to question 7, 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 dscharge order, or of any other document that ended the case, if no discharge order was issued. 12 I Licenses 9. LIST ALL CALIFO RNIA ;CONSTRUCTION LICENSE NUMBERS, CLASSIFICATIONS ,, EXPIRATION I)ATES�. THE . AIVI CALIFORNIA CONTRACTOR LICENSES HELD BY YOUR FIRM: • 13 10. If any of your firms license(s) are held in the name of a corporation or partnership list below the names, of the qualifying individual(s) listed on the !" CSLB records who meet(s) the,experience and examination requirements for each license. 1.1. Has your firm changed names or license number -in the past-five years? ❑ Yes ❑ No If "yes," explain on a separate signed page, including the reason for the change. 12. Has any owner,, partner or (for corporations:) officer of your firm operated, a construction firm under any other name in the last five years? ❑ Yes ❑ No If "yes," explain on a separate signed page, including the reason. for the change. 13. Has any CSLB license held.by your firm or its Responsible.Managing..Employee (RME) or Responsible Managing Officer (RIVIO) been suspended within the last five years? Yes ❑ No Tf "yes;" please- explain on a separate signed sheet. Disputes 14., At any time in the last f ve ' years has your firm been assessed and paid liquidated. 'damages after completion. of a project under a, construction contract with either a. public or private owner? ❑ Yes ❑ No If ;yes, explain on a ,separate signed page,: identifying all such - projects by owner; owner's address; the date of cothpletion of the project, amount of .liquidated damages assessed and all other information necessary to .fully .explain the assessment of liquidated;damages.. 15. In the oast five 'years has your 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? NOTE: "Assoc` ated with refers. to another construction f im in which. an owner; partner or officer of your firm held a similar position, and which is listed in response - to question 1c or 1d on, this form. ❑ Yes ❑ No If "yes," explain on a,separate signed page. State whether the, firm involved was the firm applying for pre- qualification here or another firm. Identify byname of the company, the, name of the person, within your firm, who was associated with that company, the year of the event,. the owner of the project; the project and the basis for the- action. 14 ' contre. last �ed on� a findin b ' a ubiic a enc That, Ward 'of a public works In the: five ears 'has. our firm been denied an a act bas our comp an was not a , g Y P. agency Y P y responsible bidder'. ❑ Yes ❑ No If "yes, explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency. NOTE: The and the ownerlol win g two uesti �oris refer p onl y to disputes between your firm fir' pr y 'n d ) ect You need no t nclude mformaf our fi ion about disputes between ' , a a supplier, another .contractor, or subcontractor. You need not inc - information about "pass through" disputes in which the actual dispute a sub- contractor and a ro'.ect owner. Also, p j o, you may omit reference to all disputes about amounts , of. less than $50 17. In the past five years has any claim a ainsf your firm concerning your firm's work on .a construction project been filed in court or arbitration ❑ Yes ❑ No If yes, on separate �si ed sheets of paper identify the claims , b providing the project P P y. O yp g P J name, date of the.,.elairn, name of the claimant, a, brief des cription 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). In the past five: years has your firm made any claim against a project owner concerning work on a prov ea or payment .for a contract and filed .that claim,in court or arbitration ❑ Yes No . If "yes," on separate signed' sheets, of paper i dentify the claim by providing the project name, date of the claim, name of the entity (or eniities)' 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). 19. At any time during the past five years, has, any surety company made any payments on our firm's ;be to satisfy any claims made against a performance or payment bond �. Y project, slued .on our fine ss behalf, in connection with" .a .construction ro ect > either public or prilyate? ❑ Yes ❑ No If "yes, "' explain on a separate signed page 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. 15 20. In the last five years has any insurance carrier, for. any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No If' "yes," explain on a separate signed page. Name the insurance carrier, the form of insurance and the year of the refusal. Criminal.Matters and Related Civil Suits 21. 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," 'explain on a separate signed page including who was involved, the name.of the public agency, the date of the' investigation and the grounds:for the finding. 22. Has your 'firm or any of its owners,. ;officers or partners ever been .convicted of a crime involving any =federal, state,, or local'.law related to construction? No Y,es ❑ ' If "yes," explain on a separate signed page, including identifying` who was involved, the name of the 'public agency, the date of . the conviction. and the .grounds for the conviction. 23:. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime o'ffraud, theft, or any other acf;of dishonesty? Yes ❑ No If "yes," identify ;on a separate signed ,page the person or persons convicted, the court (the county if a. state court, the district or location uf r the :federal court), the year and the criminal conduct. Bonding: 24. Bonding; capacity: Trovide documentation, from your surety identifying the. following. Name of bonding company /surety: Name of'surety agent, address and telephone.number: 25. . If 'your firm was required to- pay a premium of more than one percent for a performance and payment bond on any projects) on which your firm worked .at any time during .the last three years, state the percentage that your' firm was required to pay. You may provide an explanation for a percentage.rate hi'' ghenthan one percent, if you wish to-do so. 16 u ' li I 26. List all other. sureties (name and full address) that have written bonds for your firm during the last five years, including the dates during which each wrote the bonds: ears 27. During the last five y has y our firm ever been denied bond coverage by a surety company, or has,;there ever been a, period of'time when your firm had no surety bond in place during a' public construction 'project when one was required? ❑ Yes ❑ No If yes, provide details on a separate signed sheet indicating the when your firm was denied coverage and the name of 'the' company or companies, which denied coverage; and the period during which you had no surety'bond in place. C. Compliance with ;Occupational Safety and Health Laws and with Other Labor Legislation Safety 28. Has CAL OSHA 'cited and. , assessed penalties against your firm 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't. ❑ Yes ❑ N If es , attached a � Sep ... o 'gn page ing the citations, including information about the dates of the citations he nature of t , s ' he violation, the project on which the ciiation(s) was or were issued, 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, istate the case:number and the date of the decision. 29. Has the federal Occupati'onal'' Safety and Health Administration cited and assessed NO'I'Ec If ou have filed an appeal past five years. Y Y � enalties a' ainst yo of a ctation'�and' they Appeals Board has not yet ruled on your appeal; orif there is a court appeal 'pending, you need not include information about `the: citation. ❑ Yes ❑ No If "yes,' : attach -a separate signed:page describing each citation. 17 30. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your, firm. 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. [:], Yes ❑ No If ` "yes, attach a separate signed page; describing each citation. 31. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course , of a project? 32. List your firm's Experience Modification Rate (EM R) (California wo kers' compensation'insurance) for each of the past ,three ;prenvum years: NOTE: An Experience Modification, Rate ,is issued. to your firm annually by "your workers' compensation insurance carrier: Current year: Previous year: Year prior to previous year: If your EMR, for any of these three years is or was 1.00 or higher you may; if ,you wish, attach .letter of explanation. 33. Within the Last .five years has there ever been a period when your firm had employees but was without workers' compensati on insurance or state- approved. self-insurance? Q Yes ❑ No If "yes," please explain the reason for he .,absence° of workers' compensation insurance on; a separate signed page: If "No," please provide a statement by 'Your current workers' compensation insurance carrier that verifiesi periods 'of workers' compensation insurance. coverage for the last five years. (lf your ,firm has been in 'the construction; business for:less than five years; provide a statement by your workers' compensation insurance carrier veri' � ' Wig continuous workers' , compensation insurance coverage- for the period that your firm'has been in the construction business:) Prevailing, Wage and Apprenticeship Compliance Record 34. Has there been more' than eit back wa es one occasion during the last. five years in which your firm, was required uired to her `. or penalties for your own firm's failure to comply with the state's prevailing wage laws? 18 of to v ' 'of prevailing wage laws, This. uestion re onfi gu r own firm's! violation "'of ° iolati ns of ithe °revailin y wage laws " "by a subcontractor. ❑ Yes ❑ NO If "yes, attach a :separate signed page or pages, 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.. 35. During the last five years, has there been snore than one occasion in which your own firm has'been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," attach' a separate signed page .or pages describing- the nature of the 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 along with the amount of any penalty paid. 36. 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 work project for which you are awarded:a contract by Brentwood 37. If your firm operates its own State - approved apprenticeship program: (a) Identify the ^craft or , crafts in which your firm provided 'apprenticeship training in the past year. (b) State the year in which each such apprenticeship program was approved, and attach evidenceof`the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s). c ) State, the nu mbe ;o r f individuals who were employed by your firm 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 firm. 19 38. At. any time during the : last five years, has your firm 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 thatoccurred prior to ,January 1, 1998, if the violation was by a subcontractor and your firm; as general ,contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. FT Ybs ❑ No If, "yes°," provide the date(s) of :such findings, and attach copies, of the :Department..' s final decision(s). 0 20 „ „ PART 1 EXPERIENCE A. RECENT CONSTRUCTION PROJECTS COMPLETED 39. Contractor shall provide information about its six most recently completed public works projects and its three largest completed private projects within the m last three years. Names and references ust be current and verifiable. Use a separate sheet . of paper -, for each project and provide all of the following information for each project: Project Name: Location: Owner: Owner Contact (name and current phone number): • Architect or Engineer: Architect or Engineer Contact (name and current phone number): Construction Manager '(name and current.phone number): Description of Project. Scope of Work Performed: • Total Value of Original ;Construction Contract: — Total Value of Construction (including change orders): 21 Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: B. EXPERIENCE WITH ESSENTIAL SERVICES OR HOSPITAL FACILITIES 40. Contractor shall provide information' about all completed contracts, for construction of essential services facilities {subject to the Essential Services Building Seismic Safety Act of 1986 (Health & Safety Code §§ 16000 et seq. and related regulations) and hospital facilities (subject to perrnitting and inspection by the office of Statewide Health Planning and Development), in the past 10 years Names and references must be current land verifiable. Use ; a separate sheet of paper for each project and provide all of the following' information for. each project: Project Name: R Location: Owner: Owner' Contact (name and current- phonenumber): Architect or Engineer: Architect & Engineer' Contact (name and current phone number): Construction Manager (name and currentphone number)- 9 • 411 22 Description of Project Scope of Work Performed: Total Original Contract: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: • I, the undersigned, certify and declare that .1 have read all the foregoing answers to this prequalification questionnaire and know their contents. The questionnaire true of my own knowledge and matters stated in the uestionnaire answe rs belief, except as to those, 'matters stated on information and belief, and as to'those matters I believe them- L,to be true. I declare under penalty of perjury under the laws of the State of `California, that the foregoing is correct. Dated: (Name) 23 SAMPLE OF MODEL INTERVIEW QUESTIONS The: following questions will be used to interview randomly selected_ contacts from at least two completed projects. The City of Brentwood will conduct the`interviews. No action on the contractor's part is necessary,. First,: please give a. brief description of the project. 1. Are there any outstanding; stop notices, liens, or claims, by the contractor- that are currently unresolved on contracts for which notices of,co npletion,we"re recorded more than '120 days ago? J1 point for each is deducted from overall score; maximum amount to be deducted is 5 points) 2. On a scale of 1 -10, with 10 being -the best, did the contractor, provide. adequate personnel? (Max. 10 points) 3. On. a scale of 140, with 10 being the supervision? (Max. 10 points). 4. On. a scale ,of `1 -10, with 10 provided on the job? (Max. 1C V contractor. ; provide adequate • was there adequate equipment, ,r 5. On a scale of 1 -10, w' We a best, was the contractor timely in providing reports and other pa eluding change order paperwork and scheduling updates? (Max. 10 pbm 6. On a scale of 1 -10, with W being fhe best, did the contractor adhere to the project schedule that your [agency] [business] approved ?' (Max. 10 points) 7 Was the project completed on time? ,(10 Or, if the .'answer is "no, on a scale of 1- the for the if the answer is, "Yes",). he best, to what-extent 8. On a scale of 1 -10, with 10 being the best, rate the contractor on the timely submission of reasonable cost: and time estimates to perform change order work. (Max. 10 points) 9. On a scale of 140; with ,10`being the'best, rate the contractor on `how well the contractor performed the 'work after a.change order was issued, and how-well the contractor integrated the change order work into the existing work. (Max. 10 points). 41 24 10. On a scale of 1 -10, with 10 being the best, rate. how has the contractor been o g drawings, Operation & Maintenance manuals, com etm as -built drawiri s v' q performing g er orrrun in,t e area o turrun in providing required training and taking care of warranty items? (Max., 10' points) 11. On a - scale of 1 -10, with 10 being the best, rate the contractor on whether there were an unusually high-number of claims, given the nature of the project, or unusual difficulty in resolving -them. (Max. 10 points) 12. On a scale of 1 -10, with 10 being the highest, rate the contractor with respect to timely payments by the. contractor to either subcontractors or suppliers. (If the person being ;interviewed knows of no such difficulties, 'the score on this question should be "10.") 13. On a scale of 1 -:f0,.' with 10 being the best, -how would you rate the quality of the work overall? (Mx. 10 points) 25