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HomeMy WebLinkAboutAgenda Bill 5.C-Attch1 08/16/2004a Request for Qualification, from, Interested General Contract®irs and Electrical Subcontractors and. Invitati®n,to .Submit Prequalification Packages for THE- CITY OF PETALLTMA ELLISCREEK, WATER I�E`CYCLING"FACILIT'Y August 2004 • Requ.604or Qualifications. from 'Interested� Generavl. Contractors and Electrical Subcontractors_ For the City,of Petaluma, Ellis. -Creek Water Recycling Facility NOTICE IS HERE BY GIVEN; that Prequalification Packages will be ,r',eceived on October.,.7, 2004 ;at the hour of 2:00 P M::by, the ,Ci't-y Clerk of the City of ;Petaluma °at the City Clerk's office ,at City Hall; 1.1 English,"S,treet, Petaluma, CA', "94952=2610; for prequalification to participate in bidding for, the";contract to con_'stru_ cf theI.Elhs Creek, Water;Recyclirig°Facility, 4100 Lakeville Highway, Petaluma, CA "(Project No C500402) (hereafter ``Project"). General Contractors and electrical' subcontractors who wish to, participate: in."bidding for the, contract to construct the Project ;must subm completed Prequalification Packages (hereafter "Package") on the forms , included herein ,.-Only general :contractors and, electrical subcontractors that . submit completed Packages and meet' ;the ,City's ;prequal"ificatidh requirements will be eligible. Ao participate in bidding_ for the contract 'to construct the'Project..General.'contractors will only be able to list re ualified �� bco_ntractors in their bid f p q or the electrical portion :of 'the project. Completed Packages ,'including one ongiriaI' and six copies of tlie;Package, maybe delivered or mailed"to Petaluma's City, Clerk's office at ,the above address, 'and:must;bereceived by the date and time above in ,order to be, considered. Subject to conditions ,prescribed in the Package,' , ,general contractors and electrical' subcontractors are invited 'to ' apply ,for prequalification to bid on the Project. PROJECT: A single cor tract'will .be, awarded for construction of the .Project. The proposed Work is generally described as fohows: Ellis Creek Water,Recycling Facility (WRIT) including, a complete new `facility for^ wastewater' treatment including screening and vortex,. grit removal, Oxidations Ditches, ,Secondary Clarifiers; Tertiary, Filters, UV' disinfection, hypochlorite k. ,, , T p g disinfection, existingpondNimprovements 'treatment;' and olislun wetlands. Project includes all architectural, civil;. mechanical 'structural, electrical and ,instrum'entation elements for new facility. Other mortk includes: Lakeville Highway improvements, SCADA and PLC system. The construction cost;:of the WRF is,estirnated, at-.$60 to $70' million. Progress .Specification and Drawings' for the 'WRF ,are ,availabl'e..f6r review at the Cit'y's Water Resources and Conservation Deb_ artment, 1,1 English Street, Petaluma; CA 94952. Ms. Darlene Riley is accepting appointments to review the document, for the City .of Petaluma. ''Her 'phone number is (707) 778 45,85. Review ,can also be. conducted at the offices of the Construction Manager, The Covello ,Group,. Me,.,, 1660 Olympic Blvd,,.�Suite ,3-00, Walnut_'Creek;, CA -94596. ,Ms. Cindy Park is� accepting appointments to review the,documents for The Covello.,Group. Her phone _number i°s(925) 933=23'00. Review c"an"also be ,conducted at the offices ofI the Designer, Carollo Engineers,; -2700 Ygnacio Valley Road, Suite 300, Walnut Creek, CA 94598. Review hours are 8:00 am - 5:0;0 pm, Monday°,through Friday on a first come first serve basis. Date: ;Milestone: October 7, 2004 Prequalificati'ori Packages Due November 2, 2004. Notices to Prequalified. Firms December 1, 2004 Advertise,for=Bids February 1, 2005 'O.pen;Bids March 7, 200'5 Award. Construct*' March 2008 Construction/Startup Complete This 'Prequalification Package is specific to the Project, and:is not.a qualification for°performing other City projects or City projects in general. Each general contractor "and electrical subcontractor wishing "to submit a: h" d for the Pro' ect must fully complete the,Package, provide all.materials requested and satisfy,the:minimum. prequalification criteria. The City has. determined that•general contractors b'idding on the.:Projecf must have a Class A contractor's license inorder ,to be eligible for an -award of the co_ritract., Electrical subcontractors bidding -on the :Project must.have a C-10 contractor's license. Any bidder or contractor iot so licensed maybe subject tof'afflegal penalties imposed by law,,including; but;no"_t limited to —an appropriate disciplinary action by the Contractors' ;State License Board. . The completed Packages, are riot • public. records' and are -not open to bubl'c -inspection. All information ,provided will be kept confidential .to the extent permitted, by law. The City, of Petaluma reserves, the right to reject any and all completed Packages ;and to. waive any irregularities in ,the information contained therein. Each package must 'be signed' under penalty of perjury by an. 'individual who has the legal authority to bind Ithe entity, submitting the Package, or on whose behalf that person is signing. The City rnust receive 'all Packages and materials requested therein by the date and time �sei forth above. A- Package received after that time will ,not be considered and the contractor on whose belia'1`f it is submitted will` not be eligible to bart`ic'ip ate in bidding -for the.coi tract to construct the Proj ect. Prospective General' Contractors and Electrical Contractors may obtain, one set of prequalification docurments at no cost at the Water; Resources and Conservation 'Department office, l l English Street; Petaluma, CA 94952-261.0. You may also order a. copy by -calling "the Department of Water Resources and Conservation.at (707) 778-4304. r The City shall;not be liable'for any costs incurred by contractors in the preparation. and submittal of responses to ihis,Request for!Qualif cations: A mandatory Prequal'ification Package Conference Will ;be held on September 15,'20:04 :at 10:00 a.m. at. the 'City of Petaluma's Council .Chambers, 'located at 11 English <Street, Petaluma, California. Representatives from the City,, The Covello Group (the City's Construction Manager) and Carollo Engineers (the City's Design "Engineer) will bey available to discuss the Project, at, this conference. Al interested contractors are required,to attend. No. site visits will be given but an overview of the- roeet site, Will be resented at'the .Conference. g P T p The City of Petaluma, greatly appreciates your interest' in this project and looks forward to receiving your responses. Date • Michael T. Ban; P:E_ Director Water. Resources; and, Conservation Deparhiient a. CITY OF PETALUMA ELLIS, CREEK WATER RECYCLING LIN G FACILITY PrequAification. Package Table of'Cbfti&nts e Instructions Questionnaire Part-1: Essential Requirements, for, Qualification Part II:' A:. Current Organization and'Structure, of Business. B. History of the Business!,an &Drganiizational Perf6rfnanc I e C Licenses D. -Disputes E. Criminal Matters andR6lAted Civil Suits F. Bonding G. Compliance with Occupational, Safety and Health- Laws H. Prevailing Wage and, A i �rent cesmT) Compliance Record Part III: Recent Construct.ion."Proj ects Completed Part IV: Current Status of Open Contracts Part V: Project Personnel Ekberiefice Part VI: Project Personnel' Experience :(Badkup),- Affidavit Attachments: No. 1: Liability and Insurance No. 2: EMR Criteria No. 3: Affidavit of Saf6ty Com-phance Prequalification Evaluation Project Experience Interview Questions* (1) Complete" and subn'uft this'- page with the pyequalification', package to indicate completion ;and incorporation'of',6ich of the'lisied items with this package. 1 0 Page 6 7 9 9 to 11 12 14 14. 15 16 18 20 ..21 22 23 Initial Each Item (1) NA NA n Instructions' for Coinpletion of General 'Contractor and Electrical Subcontractor Prequalification Packages Instructions to Prospective Bidders': Each general contractor and electrical subcontractor _wishing to .participate in bidding for. the 'contract to construct the Petaluma Ellis Creek_ Water Recycling Facility Project,, (hereafter "Project") must fully complete the Questionnaire included.* with this Package, provide all information and materials requested, and satisfy the prequalification criteria. Attach additional sheets as needed, to provide complete 'responses. As provided in Public Contract -Code § 20101, completed Packages: and financial information are not public records and will not be. open to public `inspection. All information provided will be kept confidential to the extent permitted by law.. The. City of Petaluma (hereafter "City") reserves the right to reject, any and all submittals and to waive any ,irregularities in the information contained' herein. Each Package must be completed with all information requested and be signed under penalty of perjury by an individual who has the legal, authority to bind the contractor on whose behalf that person is signing. The City must receive all Packages and material's requested therein by the date and time stated in the Notice. Packages received after that time will. be' returned- unopened, and the contractor will. not be eligible to participate in bidding, for the contract to construct the Project. Incomplete or. unsigned Packages will be returned without review and the contractor will not be eligible to participate, in bidding for the contract to construct -the Project. The prequalif cation ,of prospective bidders will be determined by evaluation of the information submitted by prospective bidders. The City may verify any or all information provided in completed Prequalification Packages '(hereafter "Package"), consider information provided by sources -other than the prospective contractor, and conduct"such investigations as the City deems appropriate to assist in the evaluation of contractor's responsibility; qualifications and financial capacity. If the contractor seeking :prequahfication has not been in business for the time period for which information is requested, it shall submit information on predecessor entities covering that time period. This requirement applies toi, joint ventures, who shall submit information on each of the joint venture entities for the specified time period for which 'information is requested. The City will determine which contractors are responsive to the material terms and conditions of the Invitation to 'Submit Prequalification Packages.' The City will then determine which .of the responsive contractors are technically, financially and otherwise qualified and responsible to perform the Project satisfactorily and who have the capacity to meet all other requirements of the proposed Project. The City may reject any submitted Packages it determines to be nonresponsive, or if the City determines; in its sole discretion, that, the contractor is not capable of .performing the proposed Project satisfactorily_ based upon its review of the contractor's experience, technical and financial capabilities, or failure to provide information. requested relating to such determination. The .City reserves the right to determine that any contractor is not qualified or responsible at any time before or :after the Packages. are received and .evaluated, if it finds that information provided in the response to the .Invitation to Submit° Prequalification: Packages is materially inaccurate, or false; or upon evidence of collusion or other.illegal practices on the'part of a,contractor. Contractors' (general ,and electrical) who do not:meetthe following, criteria are. not qualified to submit bids for the contractto construct the Project'and will not be found:resporisible: (1) have the.correctacense, and (2) have not had, a,surety°finish work on any contract in the past;five.(5) years, and (3) provide at least the.minimum insurance,requirements called for in,Attachment No. 1,. and, (4) have a,modification rate of no more than 0.95 and.have not received any "serious and willful" violations. of Labor Code§'6300 et seq. in.the;past'five (5)'years. In addition to requirements 1-4, above, general contractors must also: for 5 have successfully completed "in the past five (5) years at least one ,contract„ construction of a wastewater or other_water treatment plant 'of at least 5MGD,- with . a minimum bid amount of $35 Million and complexities, similar to the Project utilizing treatment. processes', similar to those of the Project. The ,electrical, mechanical and -.instrumentation .systems must have been part of that. contract; and (.6) provide 'a written commitment from,a co rI orate surety, licensed t1.o conduct surety, business in California, to furnish payment and performance bonds in the full amount of the bid price for the Project; and (7) identify a,project manager and superintendent for the_P,roj'ect, ;and their backups, who have held similar positions in. the, past five (5) years on at least one wastewater or .other water treatment ,plant construction project of .at least 5MGD with complexities similar to the Project utilizing treatment processes similar. to those of theProj ect, .and (8) identify anindividual project scheduler .and backup, who have performed scheduling services in the last five, (5) years ,for construction of :a wastewater or other public. facility of a size; complexity and duration similar. to the ,Project. In lieu, of.identifyi'ng such individuals,. identify an entity'.meeting the criteria that will provide those services. i 2' a In addition to requirementsI, through; 4, above, electrical. subcontractors' must also: (5) have successfully completed' in the .past f ve (5) years at least onecontract for construction.,and '.startup. of the electrical system of a wastewater or other water treatment plant of at :least 5MGDwith. a, minimum electrical bid amount of $5 Million, ', and complexities ,similar to: the .Project utilizing treatment processes similar'toi�those"of.the.Project; and (6) identify a superintendent and foreman, for the Project' who. have held similar positions in the,' past f ve (5) years on at least one wastewater or other water treatment'plant'construction project of at least'5MGD°with complexities similar to the Project utilizing treatment processes''similar to those of the Project. The City,will evaluate all. completed;Packages•on a Pass/Fail basis. Contractors must meet all of the criteria in order to pass. 'Contractors who do: not'meet'all, of the •criteria will fail and will not be qualified to participate in bidding for the contract to construct the'Project. Causes for disqualification or rejectionmay include' but dare °not limited to, the following as measured by the responses in the Package and other information acquired during the evaluation of the Package: 1. Lack of ability,,;. capacity or' skill of 'Contractor to perform the contract or to provide the services; required.. r 2. Lack of ability;.;'capability, or skill,, of Contractor to perform the contract or to provide' - ,.the services promptly, or. within the . time specified, without delay or interference. 3. :Lack of ,character, integrity, reputation;; judgment,, experience and efficiency of Contractor. 4. Inadequate-fperfd=dnce, ofprevious,contracts or, services by Contractor. 5. Lack of coriipliance,,.pt6vious or existing; by Contractormith laws and ordinances relatingto,,contract& or- services. 6. Insufficient financial resources of Contractor,to perform the contract and provide the, services. 7. Unaccep'table ,nurrili'er or cope of any conditions attached to the Package by Contractor. 8: Unacceptable safetyrecord. t e purpose: of deterniimn , which bidders: , The evaluation- ,is solely for • h pure g are qualified to successfully perform the type ofVork `included in the Project in -a timely manner. 'The contract for construction -of the;';Project will be :awarded, if at4all,;,;to _he,;responsible, pre=qualified bidder submitting the lowest; responsive:,`,bid. Neither. issuing the; Invitation to 'Submit .Prequalification Packages ,nor revi'ewirig ,responses'y 'to,,,.the� "invitation;, nor any other activity related to the prequalification process, obligates ihe-Cityto award'a contract, for construction'�of the Project to a - particular contractor; or'at all. „. The -,City o'f:.Petaluma ,reserves. the right,to reject any'or all Packages, any or all bids, and to waive any irregularities in'anyPackage submittal or bid received. 3. If any information provided by a. prospective bidder becomes inaccurate,tthe party who provided the inforrnation.rnust .immediately notify the City and provide updated accurate information in writing, and under penalty of perjury. The. City will notify prospectivecontractors of' the result of the prequalifi'cation process in writing. Any, contractor who is disqualified- may' appeal the determination to the City. The appeal, process is as follows: .`Within two (2) business days.. of receipt of written notice of disqualification, the prospective ,contractor shall notify the City of its intent to appeal. The' notice iof appeal shall be made-ih:Writing..and delivered to the City Clerk of Petaluma at the address, in the Noticelnviting Submission. of Prequalification Packages. If requested `by .the prospective contractor ,in, the. notice of appeal, .the City, sliall.,provide notification in writing of the basis of the disqual'if cation and any 'supporting evidence received from others or adduced as a result of an investigation by. the City. The 'City shall provide this information within.. three (3) business days of receiving the notice ofappeal. Within two. (2) business days of receipt' of the City's information, the prospective contractor shall submit any and all evidence it.°wants the City to consider m support of its' qualification, to perform the, Project. or submit a "written request' fora hearing at Which:to, present evidence. The: evidence orrequest for hearing shall'be'in writing and- delivered to the City Clerk of Petaluma at the address in. the Notice Inviting �Subrrission of Pregtialification:Packages.. - If :the City receives :a timely.request for ,a hearing, the hearing will be held within three (3) business days of the date the City receives the, request. The hearing will ..be before the Director of the Water Resources and Conservation Department, or his designee, and, will be recorded' on audio and/or videotape. The prospective- contractor may request that; '' e-hearirig,be recorded stenographically. ;If the prospective contractor `requests a stenographi''record, itshall be solely responsible for arranging the stenographer and paying.411 costs for the transcript: At the City's :request,. the prospective contractor shall' furnish the City with a copy of the transcript, and the City shall pay no more than the cost of -the copy. The City shall give the prospective bidder or subcontractor written notice, of the outcome of the appeal no later than two (2) days .after' tlie'.hearin& is concluded.. The City's decision will be final and binding. If a prospective bidder or subcontractor does notappeal a determination of disqualification or denial of prequal'ificafion through the process described above, the City's.- decision on prequalification;may.be- adopted without further proceedings: - Failure to appeal within, the time set forth. above 'shalfbe deemed failure to exhaust administrative remedies and act,as a bar to subsequent litigation.or other claims procedures. Because of -the deadline for the City to have the Project complete'and in operation, the, City will strictly °enforce the time limits in ,connection with appeals of determination of contractor H • qualifications, and the bid date will;not'be extended .on account of appeal of a determination that a contractor is not qualified to submit a bid for the contract to construct the Project. Any objection, to the prequalification materials, or explanation desired by a prospective bidder regarding the .meaning or interpretation of the prequalification materials, must be 'requested in writing by first-class mail, e=mail or facsimile, before 5:00 p.m.," September 27, 2004. Oral explanations or instructions will not..be binding unless issued as a formal addendum to the Package. Any information provided, to any prospective contractor concerning a solicitation will be furnished to all prospective contractors. By submitting a completed Package, the prospective contractor waives any and all objections to the form and .content, of the Package. Bidders should submit questions regarding' the Prequalification Package to the Construction Manager as follows: Mr. Bruce Presser, P.E. The Covello Group, Inc. 1660 Olympic Blvd., Suite 300 .Walnut Creek, CA 94596 Fax (925) 933-0434 Phone (925) 933-2300 Email bpresser(ZcovelloP_roun.com By my signature below, I acknowledge receipt of this document and agree to be bound by its terms and agree to submit it°with prequalification package. Date Signature - Name of contractor on whose behalf ,this docurnent is signed: 5 Questionnaire Contractor Prequa'lification Package for (check,one): ( ) General Contractor (, ) Electrical Contractor Contact Information .A. Full -name of Contractor (as it appears on license): Type of organization (Corporation, partnership,,etc.) If corporation, indicate state �of United States of incorporation: Corporate Tax Identification Number: Is the corporation currently'registeted and in- good' standing with the State of California Secretary of State? • All other names under'which your firm has operated'in the last five years: B. State exact ;street address of your firm. Street Address: C'. Telephone Number... D. Fax Number: E. Contact Person: F. Email Address 6 PART I. ESSENTIALREQUIREMENTS FOR,QUALIFICATION Contractor will be immediately disqualified if the answer Ao any of question's S through, 5 is "no:" - - Contractor- will -be immediately disqualified'if the answer to any of questions 6; 7,.8 or 9 is `-`yes:" 1. Contractor possesses a valid and ,current California. Contractor's license (,General Class A Electrical GIG) for,the project for which it intends to submit a,bid. ❑ Yes ❑ No 2. Contractor will comply. with, and provide all insurance as defined in Attachment No., 1, Liability and Insurance. 0 Yes F-I No NOTE: Provide a notarized statement from the insurance carrier(s) you will utilize on the project certifying that the. specified 'insurance requirements will be met. The carrier(s) must be admitted in 'the state of California or,permitted. to 'do business under the Surplus Line Law of the 'state -of California sand have. a current A.M. Best's rating of no less than A:VII. Please note that these are preliminary insurance requirements that are, subject to change.- The contractor will be required . to,provide insurance as provided for'in the Bid.Documents. 3. Contractor has current workers' compensation insurance policy as required by the: Labor Code or is legally self insured pursuant toLabor Code section 3700 et. seq. ❑ Yes ❑ ;No ❑ 4. Have you attached your latest copy of a reviewed or' audited financial .,statement with accompanying notes and.supplemental information?. ❑ Yes 0 No .NOTE: A .financial statement that :is not either reviewed or audited is not acceptable. .A letter, verifying availability, of a- line of credit may also be attached; however, it will be 1considered as supplemental infofmation only, and is° not a substitute for the required" financial statement. 5. Have you attached a ,notarized statement from an admitted surety insurer (approved by the California D-epartment of Insurance) and`, authorized °to issue 'bonds in the State of California, which states -that your current.�bonding, capacity is sufficient_ for- the .project for. which ,you seek pre -:qualification? 0 Yes ` []. No NOTE: Notarized statement must be from the surety company; not on [agent or broker. 6. Has, your contractor's license.been revoked at, anytime in the last five years? ❑ Yes ❑ No 7 6 I h I. 7. Has a surety' firm complete tract on your, behalf, paid. completion because - your a con lf, or aid• for our firm was default termina ted Hated by the prod ect .owner within the last five (5) years? ❑ Yes ❑ No 8. At the time of submitting this pre -,qualification form,is your -firm ineligible to bid on or be awarded a public workscontract, or perform as a subcontractor on a public works contract, pursuant to either.Labor Code. section 1777.1 or Labor Code.section 1777.7? FT Yes ❑ No If the answer is "Yes;" state Ithe beginning and. ending,dates.,of the period of debarment: 9. At anytime during, the last fiveyears, has -your:,-fmn,:�or anv�of,its, owners, or officers been convicted of amcrime involving'tlie awarding of a,contract of a Fgoveniment construction project, or the bidding,,or•perform' nce ofiia•government contract? ❑ Yes . ❑, No� 9 I PART II. ORGANIZATION; HISTORY, ORGANIZATIONAL PERFORMANCE, COMPLIANCE WITH CIVIL'AND CRIMINAL LAWS A. Current Organization and Structure of the"Business For Firms That Are Corporations: la. Date incorporated: lb. Under theJaws' of what,staie: 1c. Provide all the foil'owing,inforniation for'each person who is eithe (a) an officer of the corporation (president, vice president; `secr`etary, treasurer), or (b) the owner Hof at least ten per cent' of thecorporation's stock. Name I Position " [ Years with Co. I %Ownership I 1 d. Identifyevery construction firm that any personlisted above has been associated with °(as owner, general partner, limited partnenor officer) at any time during theJast five,years. NOTE* For this question, "owner" .and "partner" refer to ownership of'ten per cent or' more. of the business; or -10 per cent or more. of its stock,1f the business is a corporation. Dates of Person's Participation Person's Name Construction Firm. with Firm I For Firms That Are Partnerships: l a. Date of forination: lb. Under the l'aws:of what state:: 1c. Provide all the following information for each partner. who owns 10 per,cent or more of the, firm. Name I Position I' Years with Co. %Ownership -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'. E i NOTE: For'this question, "owner" and "partner" refer°to ownership •of ten percent ® or moreof the business; or ten '.per cent or more of'its stock, if the business is a corporation. Dates of Person's Participation Person's Name I ,Construction Company. I with:Company For Firms That Are So1e' Proprietorships: 1 a. Date of commencement of.business. lb. Social security number. of`compap owner. lc. Identify every construction firm that the business owner -;has been 'associated with (as owner, general partner; limit'ed.partrievor officer),atany time during_ the last five years. NOTE: For 'this question, "owner" and `,partner" ' refer -to ownership often percent' or more of .the business;' or ten, percent or more of its stock;, if the business is a corporation. Dates of Person's Participation, [Person's Name I Construction Company •I •with Company For Firms That Intend to.Make .a Bid�as Part of a Joint: Venture: 1 a.' Date of commencement of j dint -venture. lb. Provide all of the following 'information for each firm.°that is a member. of the joint venture that expects to bid ownee or more projeets Name of firm I % o Ownership :of Joint Venture I I I 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 10 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,firmsif one firm owns.'50 per cent or, more of'another, or. Wan owner; partner, or officer of your firm holds a similar, position in another ;firm. Yes, ❑ No If:"yes;" explain on a separate signed page. 4. „ Are any corporate officers, partnem or owners connected to ally other, construction'finns? 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 grossirevenues for.each:of.the iastthree fiscal years: (20.03 .= 2004) (2002 — 2003) (2001— 2002) 6. How many yearn has, your organization been in business mi 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 banlaliptcy petition; showing the case, number, and the date on which the petition was filed. 8. :Was your firm in ;bankruptcy'at any time during the e last five years? (This question refers only to a bankruptcyaction that was not described in answer to question 7,. above) Yes 0 No If "yes;" please. atfach a copy of the bankruptcy petition, showing„ the case number. and 'the date ,on which the petition was -filed, and a copy of the Bankruptcy Court's discharge order, or of; anyother_document that ended the case, if no discharge order Was 'issued. C. Licenses 9. List all California -construction license numbers, classifications. and expiration dates of the California contractor licenses held by your firm: is 11 10. If. anof your firms; licene , ss , are.held yin the name of a corporation,or partnership,list belowthe names of zthet qualifying indivdua'1(s) listed on the CSLB records who meet(s) the experence,and examination requirements for each license. 11. Has your firm changed names-or-1'icense 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) office_ r.of your firm -operated a construction firm under_ any, other name in the last five years? ❑ Yes ❑ No If "yes," explain ona separate signed page, including the reason for the change_ 13. Has any CSLB, license held by your firm or its;Responsible Mahaging Employee (RME) or Responsible Managing Officer (RMO) been susperided .or revoked within the last five years? ❑ Yes ❑ .No If "yes," please explain on a.separate signed sheet. 14. Within the, past fve (5) years,;has. the California Contractors State License Board taken disciplinary action �agairist your firm? ❑ Yes ❑ No If "yes;" please provide details about each such. complaint and attach .copies of all documents in your custody, control or possession which relate to the complaint:. D. Disputes 15. At any time in the last five 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 completion of the project, amount ,of liquidated damages assessed and all other -information necessary to fully explain the assessment of liquidated damages. 16. In the last 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 proj ect'for any "reason? NOTE: "Associated with" refers to another construction firm'' in which, ,an, owner, partner or officer of your firm held a similar. position, and which 'is listed in response to question lc or Id on this form. ❑ Yes ❑ . No 12 If "yes," explain on a separate. signed page. State whether`th6 firm involved was. the firm applying!for pre-qual fication.liere or another firm. Identify -by name�ofthe company, the name of the person within your firm who was .as"sociated with that company, the year of the event, the owner of the proj ect, the proj ect and the basis for the action. 17. In the last five years has your.firm been demed,an award of a public works contract on:a finding ,by a°public agency that. your company was not a, 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: 'Thee following two, questions refer only to disputes, 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 sub -contractor and.a project owner., Also, you may ;omit reference to all disputes about amounts ,less than $1�00,000. 18, In the past five years has any claim against your firm concerning your firm's work on a construction project been filed=in court or,arbitr-ation? ❑ Yes. ❑ No If "yes, on- separate'signed, sheets ofpaper identify the claim(s) by,providing ,the project name, date .of the claim, name of :the claimant; a brief description of the .nature of the claim,, the court in which the case was ,filed and. a brief description of the status of the claim if not limited by a confidentiality agreement (pending or, if resolved, a brief description of the resolution). 191. In the past five years has your, firm made any claim against a project owner concerning work on a proj ect or payment for a contract and -filed that claim in court or arbitration?' ❑ Yes ❑ No If' "yes," on separate signed sheets of paper identify, the claim.by providing .the project name, date._of the claim, name of the entity (or entities) against whom the claim was .filed, a brief description of -the nature of the .claim, the court- in which ,the case was filed and a brief :description of the, .status of 'the claim :if not limited by a confidentiality agreement, (pending, orif resolved, a brief description of the resolution). 20. At any time during thel past five years, has. any surety company made any ,payments on your .fire's behalf as a result of " a default; to satisfy any claims made against a performance or payment bond issued on your firm's behalf, in connection with a construction,proj ect, either public or private? Yes ❑ No • 13 If "yes," explain on' a separate signed page thel amount of each,such. claim, the name and - itelephone number of the claimant; the date of the claim,: 1the,gr6unds 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: 21. In the last five years has any insurance carrier, for any form. of insurance, 'refused_ to renew the insurance po'licy'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. E. Criminal Matters And Related;Civil Suits 22. 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 t'a anypublic agency or entity? ❑ Yes ❑ No If "yes," explain on a `separate signed page; _including identifying who was involved, the name of the public agency, the date of the investigation and the grounds for the finding. .23. 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? t❑ Yes No . 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. 24. Has your firm or any of'its owners, officers .or partners, ever been .convicted of a federal or state crime of fraud', theft, or any other act of dishonesty? ❑ Yes 0 .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 of the federal 'court), the year- and the criminal conduct. F. - Bonding 25; Bonding capacity: Provide documentation from your' surety, -identifying the following:. Name of bonding company/surety: t Name of surety agent, address'and telephone number: a. Current bonding capacity? 14 b. Unencumbered bonding capacity? 26. If your firm was'r-equire-d .to pay a premium of more than 'one -per cent for a performance and payment bond. !on any project(s) -on which "your firm worked at any time .during the . last `five years,, state the percentage. that your firm was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to; do. so. 27. List fall 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: 28. During the last five years, has your firm, ever been denied bond .coverage by a surety, company, or'has there ever beena. period of time when your firm had no surety bond in .place during a public construction proj ect when_ one was required? ❑. Yes; ❑ No If yes, provide details on a separate signed sheet -indicating the .date when ;your firm was denied coverage and the name -of the company or -companies which denied coverage; and the, period -during which youliad no. surety bond in.place. G., Compliance with Occupational Safety andRealth Laws and with Other Labor Legislation Safety 29. Has `,CAL OSHA cited and assessed penalties against your- firm for any "serious," "willful" or "`iep'eat" "violations ,of.its safety or tealth;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 yourappeal, you need not include information about it. r ❑ Yes ❑ No . If `-`yes,:" attached a separate signed page describing the citations; including information about the dates .of'the citations, the nature of the violation, the project on which the citation(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; state the case number and the date of -the, decision. > 30. Has the federal Occupational 'Safety and Health Administration cited and .assessed penalties against your 'firm in the past five years? 1.5 ed a NOTE: If you have fil n appeal of a citationand the Appeals (Board.has "not yet ruled "on your,appeal.I, �or if there is :a court appeal pending, you (need not include information, about°'the:�citation. ❑ Yes EJ No.. If "yes, "attach, a separate.signed' page, describing each citation. . . 31. Has the EPA or. any. Aif Quality Management ;District or, any Regional Water��Quality Control Board cited and, assessed, penalties ° against;leither.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 theAppeal's Board-1as not yet ruled" on'Iyour ;appeal,, orif there is a courtappeal pending; you need'not include information, about, the citation:, . ❑ Yes ❑ No ' If "yes," attach a separate signed page describing each citation. 32. Experience Modification Rate (EMR): Complete Attachment;No,. 2 33. Affidavit of Safety Compliance: Complete Attachment'No. 3. 34. Within the last five years hasahere .ever been,a period.'when your firm had employees but was without, workers' compensation, insurance or.state-approved self-insurance? ❑ Yes 0' :No If "yes," please) explain the' reason for the absence .of workers' compensation insurance on "No," 'your a separate signed 'page'. If please provide a statement by current workers' - compensation insurance carrier. that verifies periods' of�workers'_ compensation insurance coverage for the last" five years. (If your firm, has been in the construction business for less than:five.y„ears,,provide a statement by your';workers' comp ensation.insurance carrier verifying continuous workers`' compensation imurance coverage'for the period that your firm has been in the construction business.) H. i Prevailing Wage andliAppreniieeship,Compliance Record • 35. Has there„been more than one occasion during,Ahelast five years in which your firm was required`to pay either back"wages;' or penalties for your own. firm's failure to comply with the siate 's prevailing wage laws? `NOTE: This question refers only to your own' firin's violation,of prevailing wage laws, not to violations of thel,pr"evailing 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 ,Iproject, the date of its completion), the public agency for which it was rconstucted; the number of employees who were initially underpaid- and the amount of back wage's aiid penalties that you were required to pay. 16 36. During the, last five ,years, has there been.more than:one occasion in which your own firm • has been penai ed or required, to payback wages for failure to`comply with the federal Davis -Bacon prevailing wage requirements? ❑ Y'es ❑ 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 whi'ck 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. 37. 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 incident that occurred prior,to January.1, 2903, if the violation was by a ,subcontractor and your firm, as -general contractor on a'project, had. no' knowledge. ofthe subcontractor's violation at the time it occurred. Yes , ❑ No .If "yes," provide the date(s) of such findings, ;and attach copies of the Department's .final decision(s). • 17 PART III. RECENT CONSTRU,CTI:ONIPROJECTS COMPLETED Contractor- shall provide infoririation about six public works projects completed within the last five years. At least three (3) of the projects must be wastewater or water projects 'Of similar size nand complexity. The general contractor must list at least one project with a minimum completion value of;$35.0. million.- The electrical contractor must list at least one project Wifh a minimum completion value of $5.0 million. Names and references must be current and verifiable.. Use separate sheets of paper that contain all of the following, information: 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 Perfornied: t Original Bid Amount: Total Value of Construction (including change. orders): IS Original Scheduled Completion -Date: Time Extensions ,Granted (number of days): Date of Substantial Completion' Electrical Contractor Only: Genetal Contractor: General Contractor (name and current phone number): • 5 W 19 Part IV-= Current Status of Open Contracts after 9/1/04 _(1Vlake Copies As. Requiredl.General contractors list contracts valued at $10.0 million; electrical subcontractors list contracts valued at $2.0 million or more. Project Name & Owner Owner Original Dollar Value Percent Original Estimated Type of Work Name Representatiye Contract Value Complete to Date Physically Completion Completion Phone Complete Date Date Name I ' No. 20 Part V= Project, Personnel Project Experience„ Please summarize .the construction experience of the proposed project manager,' superintendent, and scheduler of,your organization and the backups .to these key positions (generdl_contracto"r). Electrical subcontractors- please provide information for project managers, superintendent and foreman. Indi_vidu_ al's Name --P_osition Construction Construction -Experience During the Last 5 Years Experience 'Total Employed by Years Your r Firm Y%N Yrs Project Name Value of Type of Work In What No. I Work I (WWTP,, Other) I' Capacity? Yrs. 1� 01 Part Vl- Proiect Personnel Proiect Exuerience (Backuu) Please summarize the construction ekperience of the backups to proposed key personnel of your organization (as described in Part V). Individual's Name Position Construction Construction Experience During the -Last 5 Years Experience Total Employed by Years Your Firm _ YIN Y_r>s Project Name Value of Work Type of Woork_, _In' What No. (Road; ,Capacity? ors. Underground) l 22 AFFIDAVIT • We, the undersigned, (name) as the. authorized representatives for (company) ,.an interested contractor for the City of. Petaluiiia's;Ellis .Creek Water Recycling Facility;, do hereby attest, that all statements and representations made herein are true and correct. to the best of our knowledge. These statements are made openly and 'freely without intent to, influence' or embellish actual conditions or circumstances that occurred. I declare under penalty of perjury under the laws,ofthe: State of California that the foregoing is correct. We acknowledge:that we have received, Addendum through 'We understand that the, City,will investigate any and all statements and representations made by us and, our fim-in. this Statement of :Qualifications :and: we freely give our permission for them to do so. Should releases,',be `required by any of our ,professional, financial',. or, bonding `insfitutions to release verification of the enclosed' data, we have provided them. We: agree 'to. waive any claims ,against' the City, Construction. Manager, Design 'Engineer and/or any third party designated:by the City for the release of the information necessary to evaluate-this"Statement of Qualifications. We further understand that,any false. statement or representations, made: -in this application will result.in disqualification'of our firimas a bidder for the Project. If it is.deteriniiied that�these,false statements or ;representations were . purposefully made to change, hide,` or. obscure, negative information from the City in an attempt to qualify under- these false pretenses;, the action will result in loss 'of. eligibility' for .our' fi'rrn to qualify, for any City of Petaluma contracts for a minimum period of one (1) year and a, maximum period of five (5) years from the date of discovery. ,If the 'discovery of false representation, occurs after the contract is, .awarded to our firm, we, understand and agree that the City reserves the right to terminate the contract Tor cause and to seek legal remedy under the prevailing statutes,. Attested: Date , 2004 (Name). (Signature) (Title) (Name) (Signature) (Title) Corporate Seal 1� 23 ATTACHMENT NO.2 SAFETY QUALIFICATION WORKERS' COMPENSATION EXPERIENCE MODIFICATION CRITERIA The following information `will be used to determine if you meet the minimum safety requirements for this project: `To- qualify to bid and be awarded the project, the Contractor's three year average Workers' Compensation Experience Modification (EMIR), must not be greater than .95 (95%), Please obtain a letterfrom your insurance carrier (or state fund if applicable) with your interstate EMR'-s for the 'last .three full rating periods. If you do not have an interstate rating, obtain.your intrasiate.'ENIR�. Attach the letter as part of this package. The Contractor shall' -list the Experience, Modification Rate for the last three complete years (available from your insurance carrier). • Three Year Average = Are the above rates interstate orintrastate? If intrastate, which state? *,NOTE: Any'of the following methods of "obtaining a_letter" are acceptable- . • Furnish a: ,letter .from your insurance agent; insurance carrier or state fund (on their letterhead) verifying.,the EMR data listed above; .or' • Furnish .a Photostat of the last three years' Experience Rating Caleulation Sheets, which your insurance carrier- should .forward'fo,you;annually; or • If you are .in a "state fund" state, such`as Ohio. or West Virginia, furnish a Photostat of 'the state's last three years annual` "statement page"'that shows the modification rate and the coverage period. 11 ATTACHMENT, &0� 3 Sk'CilON'00400 AFFIDAVIT OF SAFETY COMPLIANCE The Contractor hereby, acknowledges City concerns it regarding, safety at its facility at, I I d at ' the Project worksite. The Contractor shall conduct its -operations4o, elmm ' ni ate- or reduce hazards and id risks associated with Contractor"s to --,pr,'eVent accidents,.and injuries, and - to preve nt property damages. Therefore, strict compliance with all of the most current safety, health and environmental regulations (federal, state and' -Iocal),is, required. Non-compliance 6, these, regulations may result in suspension or with termination of work in progress. The Contrdctor'.s:, Safety- Programs must' accomplish.. the foregoing objectives. The Cbntractor certifies that its,,Safety Pro y an wift!satisf� these requirements. Programs comply, The. Contractor also certifies, that each.:Subcontradtor and Sub -subcontractors and, other parties with which it has agreements to perform work- on the Project works- ite will also co inply, and will satisfy these requirements. The mandatory (and other), Contractor Saf6ty Programs are delineated in Part A of the attached -;Contractor Safety Operations ;Requirements.. The Contractor further certifies that it can furnish mandatory, satisfactory evidence ,of compliance. The Contra6tor further acknowledges that. its Subcontractors and Sub -subcontractors will provide all Safety Compliance documents in accordance with Specification Section.0.0490. Signature Name of. Bidder Title Date Attach a. Certificate of AbIowledg ent for the em Notar yto theAffidavit. Petaluma Prequal 0049,0-1 . CITY OV'PETALUMA ELLIS CREEK- WATER RECYCLING: FACILITY PREQ'UALI-FICATI®N`EVALUATION General Electrical Contractor Name: Evaluation Criteria- Pass/Fail I Part I: I I Essential Requirements Part.M I A. Current Organizddon B. Business History I C..Licenses, I D., Dispurimtes.;; E: Cinal Matters IF. Bonding I - I G. Safefy . I H. Prevailing Wage .arid Apprenticeship Part III. Recent Constructed Projects Completed' and I Reference Clieck_ Part IV: I Open Contracts I Part V & V'I I I I Project Personnel. Attachments_ ] .M.- 1.- Liab'ility,and Insurance, No. ,2 —,EMR Criteria, I° No..3 _ Affidavit.ofSafetyCompliance ..-PROJECT EXPERIENCE INTERVIEW .QUESTIONS The following questions will; 'be. used. t6, interview randomly selected lected contacts from completed projects: The City, will. conduct theiniervi,ew:,s. No actico,oh they -dontr4ctor's, part is necessary. These questions -are ,,included .'�m,,th&package. ,to th.econtractor-f6r information only. The highest,pos§ible. scor'e.is` I 3.&,points. . A score less Ilian 60 points disqualifies a contractor from bidding on the Project. A, score of 'between 60arid. 18 indicates the City will conduct additional interviews of otherref6rdtices. A score of 78- or, higher on all interviews is sufficient for prequalification. First, please give a. brief &sptipti0ii of the project. I,. Are., there, any -outstanding stop notices, hens, or claims -by the 'contractor that are currently. unresolved -cifi. contracts for which notices of completion were recorded' more than 120,days 'a' go? �-point for each is deducted fibm,.overall score; maximum amount to be deducted is 5 points). 2.- On a scale I :.of 140,with lf'0 being-thebest;did the contractor provide adequate personnel? (Max: 10points) 3. On a scale of 140, with 10 being the best, did the contractor provide adequate . supervision? -(Max., 10 points) - 4. On a scale- of 1-10, With 10 being the best, was; there adequate equipment provided on the job? (Max. 10,,points) 5. On a scale of 1-10, with 10being the best, was the contractor timely in providing reports and other paperwork-, includin9 ,change order paperwork and' scheduling updates? (Max. .10 points)' 6.:Ofi a scale of 1-10, with IO'being the 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 points if the answer is "Yes") Or, if the, answer is "no", on A. scale of 1-10, W Ah'10 being the best, to what extent was the contractorxes-Ponsible for the dela.v,in completion? 8. On a scale of 14 0,'with 'l 0, 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'1-10, with 10 .being, the best, rate the ,contractor on how wellthe contractor performed the work after a change order was issued and how well the contractor integrated the change order work into existing work. (Max. 10 .points) 10. On a- scale of I-j0; with 10 being, the best, rate how the contract:or,performed,in turning in'Operations & Maintenance manuals, completing as -built. pro viding -required. training, -and taking care of warranty i'tems?,' (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 riatUre of the project, or unusual difficulty -,in resolving them. ' (Max. 10 points) 12. On a scale of 1-10, with 10 being, the best, rate the contractor with respect -to timely payments' by the contractor to subcontractors and suppliers. (If the person being interviewed knows of no such difficulties, the score on. this question should be"`10.") 13. On a scare. of 1-1:0; with 10. being ;the`best, rate the.contractor with respect to safety: Was shoring provided properly, were lock /`out tag out, procedures followed, did the,contractor provideroutine safetytraihing? 14. On a scale of 1--10,, with 10 being the best, how would you rate .the overall quality�of the contractor's work? (Max. 10 points) • ,ATTACHMENT.NO: 1 SECTION 00800 'SUPPLEMENTARY GENERAL CONDITIONS' -12.0 LIABILITY'AND INSVRANCE 2.1 Insurance Within ten (10) days after award:;ofthe Contract, the Contractor-shallkpromptly obtain, at its own expense, all the insurance;required-by. Section 00800-20, LIABILITY AND INSURANCE, and submit coverage verifi'cation`for review atid'approval by the City prior to the City's execution of the Contract. i. The Notice to. Proceed with the Work_under this 'Contractwi11 -notce issued,,,and the Contractor shall not commonce-work, until such insurance has been approved ,b'y the City. Such insurance shall remain in full force and effect 0411 times during the prosecution of the Work and until the final completion :and acceptance thereof. ' In addition; the Commercial General Liability insurance shall be maintained for a minimum, ,of -five �(5) years after final completion and acceptance of the'Work. The' Notice to Proceed.does not relieve the Contractor of the duty to obtain such insurance as required'herein. �. The Contractor shall not allow -anv subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor, except Builder's Risk Insurance, has been obtained and verified bytheContractorrand submitted to-the!ConstructionManager for the City's review and records. Subcontractors shall furnish original certificatesand required endorsements as verification of insurance coverage. 'The insurance liabilitylimits specified in Section 00800- 2.0, LIABILITY AND INSURANCE, shall also apply -for all subcoritractors:listed in Section 00430, DESIGNATION OF SURCONTRACTORS': The Contractor shall designate the required -insurance liability limits, for all other subcontractors. Companies'writing the insurance underthis article shall`be licensed'to,dobusiness inthe Stateof California or be -permitted tomdo business under. the, Surplus,jLine-'Law of,the ;State of California. Insurance is to be placed with insurers with a. current A.M., Best's rating, of rib less, than A:VII•. All.policies of insurance required herein shall provide that'they may be suspended; voided, canceled, reduced in coverage or in limits only after thfi y.(30) days' prior notice by certified mail return receipt•requested: has been given to the City. Contractor shall include all costs for insurance in its bids. Nothing contained in these insurance requirements is to be.construed as,li'miting the extent of the Contractor's responsibility ,for payment of damages resulting from its operations under this Contract. Coverage required hereunder shall operate'as Primary insurance. Petal u m a_Preq ual ification 00800 - 1 The Contractor shall.take out, payfor; and maintain throughout the duration of this Contract and for such additional periods as more specifically required' herein the .following insurance coverage: 2.1..1 Commercial General Liability_ and Automobile Liability Insurance- This insurance:shall protect the Contractor from claims for bodily ;i--jury' and property damage which may arise because of the nature of the work or ,from operations under this Contract. The Commercial General Liability Insurance shall -be maintained forfive{5)-years after final completion and shall provide cover -age on an occurrence basis. a. Additional Insureds -The Commercial General Liabilitypolicyofinsurance shaltinclude as additional insureds the City, of Petaluina; each of its off cers, officials; employees, agents and volunteers; the Design Consultant,. the Construction Manager and each of their partners, officers, employees, and agents and coverage provided'to such additional insured-. This policy shall provide coverage to each of the said insureds with respect to said work. 'Said policy shall provide prunary coverage to.the full,limI of liability stated in the declarations. b.(1) Amount of Coveraue(General Contractor)= The bodily injury; personal in .and property damage liability -of the Corrimercial General Liability insurance shall provide coverage;in the following limits of liability: $2;0.00,000 on account:of anyone:occurrence for•bodil-y injury and.property damage, $2,000,000 personal and advertising "injury limit ,-with an annual ,general aggregate limit of not less than $10 million; and $1,0 million products and completed. operations aggregate; combined single,'limi't: The Automobile Liabilityinsurance.policy shall provide minimum limits of $-1,000,000 per accident, for bodily injury and property damage ;and $5,000,000 policy aggregate arising out of the ownership, maintenance, or use, of any owned or non -owned vehicles.. b.(2) Amount of CoveraRe(Electrical Subcontractor) -The bodily injury, personal,injury and property damage liability oftheCommercial General Liability insurance shall provide coverage in the following liinits.of hability:'$2,000,000 •on account of any one occurrence for bodily -injury and propertydamage, $25000,000 personal and advertising injury limit with, an annual general „aggregate limit- of .not -less than $4 million, and •$4 .million products and completed operations aggregate; combined single limit. The Automobile Liability insurance policy shall provide rniniinum limits of $1,000,000"per accident and $2,000,000 policy aggregate arising- out of the ownership; maintenance, •or.use of any owned .or non -owned vehicles. C. Subcontractors —;T-1 e•bodilyin*ury and propertydamage-liabili'ty'insurance shall not be deemed to require the Contractor to have, its :subcontractors named as insureds in the Contractor's, policy, but the policy shall protect, the Contractor from contingent liability which�may arise from. operations of 'its subcontractors. Petaluma Prequalification 00800 - 2 • d. Included Coverage, = The above Commercial General Liability insurance shall also. include the following coverages: Premises - Operations Independent Contractors Products r Completed Operations Personal Iniury - (False Arrest, Libel, Wrongful Eviction, etc.) Advertising Iniury Broad Form Property Daina2e. Including, Completed Operations Separation of Insureds/Cross-Liabilitv Provision Dutv to Defend all Insureds Deletion of any Limitation -on Coverage for Bodilv Iniury or Prop_ erty Damage Arising out of Subsidence 'or Soil or Earth HMV vemerit Separate A2ue2ate - A provision that the annual. general aggregate and the products and completed operations annual aggregate shall apply separately'to each project for which Contractor provides services away from premises owned by or rented to Contractor. XCU - (Explosion, Collapse, Underground Damage) XCU may be deleted when not applicable to operations performed by the Contractor or its subcontractors. Environmental Blanket Contractual Liability e. Umbrella. POliCV - At the option .of the Contractor,, primary limits.,may, be, less than required, with an Umbrelh0olicy providing the additional limits needed. This form of insurance will be acceptable provided that the Primary and Umbrella Policies both. provide the insurance coverages herein required, including all additional insured requirements. The' umbrella.policy shall be provided on a "following form" basis, With coverage at least as broad as provided on the underlying Commercial General Liability insurance. 2.1.2 Workers' Compensation Insurance - In accordance with the provisions of Article 5, Chapter 1, Part 7, Division (commencing with,Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to its employees and for that.purpose obtain and keep in effect adequate Workers' Compensation Insurance. If the Contractor, in the sole - Petal uma_Prequalification 00800 - 3 discretion -of the City, satisfies the City of 'the, responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self -insurer, the Contractor may so act, and in such case, the insurance required by thi's paragraph need. not be provided. The Contractor is advised of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that code, and shall comply with,such provisions and have Employers' Liability limits- of $1;000,000 per accident and..per employee, and in the aggregate for injury by disease; before commencing the performance of the work. of this Contract. Before the Notice to Proceed with the Work under this Contract is issued, the Contractor shall submit written evidence that the Contractor has obtained for theperiod of the Contract Workers' Compensation. and Employer's Liability Insurance as required for all persons whom it employs,or may employin carrying out the work under this Contract: Such evidence of coverage shall be accompanied by an endorsement from the insurer agreeing to waive all rights of subrogation against.the City,'its elected or appointed officials employees, agents.and volunteers, the Design Consultant, the Construction.Manager and their agents, consultants and employees which might aris'e.by reason of any payment under the policy. This insurance shall be in accordance with the requirements of the most current and applicable State Workers' Compensation Insurance Laws. 2.1.3 Builder's Risk Insurance -"All Risk or Special, Form" Builder's Risk .Insurance *on the replacement cost basis, -in an amount equal to the full replacement cost on a completed value S basis, including coverage for "soft costs" such as design and engineering fees .and delayed completion. Such insurance shall also cover theperils of flood and terrorism and shall be obtained, paid for, and maintained by the Contractor and shall cover, but shall not be limited to, fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, smoke damage, damage, by aircraft, or vehicles, vandalism and malicious mischief, theft, collapse, terrorism and flood.. The Contractors and insurance companies are advised that the work site is located within the 1.00-year flood plane as defined by the Federal. Emergency Management Authority (FEMA). This insurance shall name the City, the Design Consultant, the Construction Manager and.the Contractor as insureds, as their interests may appear and shall include coverage, but not by way of limitation, for _all damages of loss to the Work and to appurtenances, to materials and equipment to be.incorporated into the Project while the same are in transit, stored on or off the Project site, to construction plant and temporary structures. Builder's Risk Insurance policies shall contain the following provisions: (1) The City'shall be namedos aninsured. (2) The insurer. shall waive all rights of subrogation against the City. Builder's Risk Insurance may have a deductible clause not to exceed the following limits: (1) If, pursuant 'to Section 7105 of the Public Contract Code, the°City requires coverage. for any damage to the work caused by an.Act of God, as defined by Section 7105(b)(2)-of that Code, and has set forth the amount of the work to be covered and the insurance premium for such coverage as a separate bid item, the deductible -for such coverage shall Petaluma_ Prequalification ' 00800 -.4 not exceed five percent of the value at risk at the time of the loss. The City shall be named.as an 'insured. (2) All Other Perils: $5,000 The Contractor shall be responsible for paying any and all deductible, costs. The policy shall, provide the City the right. 'to occupy the premises without termination of the policy until acceptance of the Project. 2.1.4 Proof of Coverage -.Before the,Notice'to,'Proceed with the Work'under this Contract is issued, the Contractor, shall fiuiu'sh ,the City With certificate(s) evidencing issuance of all insurance mentioned herein, copies of the policy declaration, or., information page($) and additional insured :endorsements. The certificate(s) and endorsements for each insurance policy ,are to be signed by a,person, authorized by that insurer to bind coverages on its,behalf. The endorsements are to be *on forms" A- and B-1 .as included in Section 00650, GENERAL, LIABILI-rY ENDORSEMIENT,, and Section IT 00651, AUTO LUBILY ENDORSE1VIENT, or equivalent endorsement`forrns acceptable to the City. The certificate(s)"policy.declarationvor information page($); and. endorsements are o.be,•received' acid approved by the City before work commences. Except for ,the waiver of ;subrogation, rights endorsements, as required' under Sections 00800-2.;1.2 ;and b0800- 2'.13, no other, endorsements are required for. Workers Compensation or Build'er'sRi"sk Insurance. Such certificates of-insur-ance shall provide that the insurance policy,shall not be cancelable be subject to nonrenewable, `or otherwise be subject to .. t a material modification' excep with thirty (36) days prior written notice to the City and Contractor. Contractor i.shall "a'lso provide certiff6ate(s);. evidencing, renewal's of all insurance required herein, at -least ten.;(3,0) days prior to the expiration date of anysuc'h insurance. Any deductibles or self,irisured retent ons.must:be'declared to and approved by"the City. At the option of the City, either: the insurer shall,reduce,or'eliminate such deductibles or self -insured retentions as respects: the ;City, the Design Consultant, and theConstruction Manager and -'their officers, officials employees,- agents .arid volunteers; "or the Contractor"shall procure a bond guaranteeing payment of losses and, related investigations, claim administration and defense expenses. In ,the event of. the !breach of .any provision of this paragraph, :or in the. event of any notices received which indicates any;required insurance=coverage will be diminished°or. canceled, City;,at its option,, may, notwithstandingany other provisions of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement. 2.1.5 Indemnificafi'on - To°the, fallest extent permitted:by Law;,the Contractor shall indemnify, defend and hold harmless, ,the City, its elected or appointed officials, employees, agents and volunteers, the Design Consultant and- the Construction Manager and their agents, consultants and employees from and against all liability, claims, damages, losses and expenses,_'including but not limited to attorneys' fees, arising out of or resulting from the performance of 'the Work, provided that any such liability, claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or deaih'( ncluding that sustained by Contractor's. or Subcontractor's Petaluma_Prequalification 60800 - 5 employees), or to injury to or destruction of tangible property (other than the Work itself) including: the loss of use. resulting therefrom, and (2). is not caused by the sole negligence or willful misconduct of a party indemnified hereunder, Such obligation shall not.be construed to negate; abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist.. , . 2.14 Iniury or llness Reports - The: Contractor shall furnish the Construction Manager with a copyof the Employer's Rep6 of Injury immediately following any incident,requiring',the filing of said report ,during the prosecution of the work under this Contract. The Contractor "shall also furnishAhe- Construction M inagerwith a copy:of thelinployer's Reportof Involving any subcontractor - on this project. 2.1.7 Notification of ;Insurance Companies - The. Contractor shall"advise ,all insurance cornpariies,to familiarize tliemselves:with all of the Conditions and.provisions of this.;Contract, and they shall waive the .right of special. notification of any change or modification of this Cor tract..or of;exterision oftime; or.of decreased or'increased work, or,of theicancellationof the Contract;: or of;any, other act or acts by the: City or its; authorized :employees. and agents; Kunder the terYris�of this Contract, and,failure to so notify the°aforesaid insurance companies!of changesshall in noway relieve -the insurance companies of their obligation under this Contract. 2.2 Insuranee:Durine Guarantee Period For all work the':Contractor or itsrsubcontractors perform during;the,guarariteegeriod, worker's coin ensation and comme p _ _ _ rcial general liability insurance and, insurance in the amounts .and .format required herein, shall remain in forCeL and be maintained for ,five (5) years after final completion'. The Contractors an&insurance companies are, again,advised ihaf'the work site"" located within the 100 year. flood -plane as defined. bythe.Federal Emergency Management Authority (FEMA). f • Petaluma_Prequalification 00800 - 6 CONTRACTOR'S SAFETY RATIO.IVS REQUIREMENTS i PART A - Safety Programs = _ - Please indicate below whether your -firm -has the following written safety programs. If any -of the programs listed do not apply to your operations or this project, please make note of this in the "Comments" column. Include any information that you think would be helpful _ to us in making this assessment. Those programs that are indicated as mandatory must be available for review before commencing - - work on this pnoject. Other safety, programs may be requested if it is later determined that they are applicable to the Project, and as such, must,be made available for review upon request. Do you Program Sub will Have project Is the training Program❑, h a V e, a rneets provide employees : docum_ ented?* C07—n ments0. - written - Cal/,,OSHA., been 3 program? Criteria, trained?' t Mandatory - I .Yes I" :No I, Yes I No Yes I' No I Yes I -.No I YES' Injury YE `and Illness Preventiorn - S I Hazard Communication I I I I I I I YES I Confined, Space I I I I I I = Operations" Respiratory. Protection Emergency Response I I- . -I I Hearing Conservation YES I Lockoutffeagouf YES Mew Employee Orientation__ YES I Excavation Safety Code of'Safe Practices. YES Personal Protective ,Equipment (PPE)- I = YES I Drugs/Alcohol YES I Traffia-Contro[gafety YES I ,Fall PtbVention Plan ' If conventional fall. protection 'measures cannot be used. Petaluma-Prequalification 00490 -2 r 'CONTRACTOR'SSAFETY OPERATIONS REQUIREMENTS PART B - Safety Equipment - Identify what safety equipment will be-available,and used for this project, Type_ I Description/Comments [ j Gas detectors Ventilation e qui rnent [ ] Approved harnesses,and Ian ards .Mechanical hoists - [ ] 'Fire extinguishers [ ], First aid kits I J [ ]' Respirators [ ] Hard hats [ ] Hearing protectors [ ] Safety goggles: [ ] .Steel toed footwear [ ] Hand -protection, [ j, _Fall protection [ j Confined Space Rescue, Equipment I' PART C - Specialized Trainingand Certification - Identify., the°areas of:specialized.training or certification that will have been completedby employees who will be assigned to .this project. Be- prepared to provide documentation as requested._ [ ] CPR/first aid ' [ ] j'Conf1hbd.sp6ce,o,perbtiorfs and [ ] Scaffolding rescue IFork- lift operation, [ ] Respirators [ ] Air -Supplying I[ ] Flagging I [ ] Air -Purifying' [ ] Cranes/hoists. pperation [ ] J'Trenching and shoring [ ] Traffic Control competent person [ j J Heavy equipment operation I [ ] I Welding I [ ] [ ] I Powder -actuated tools. use I [ ] I Asbestos abatement: I [ ] Petaluma-Prequalification 00490 — CONTRACTOR'S SAFETY O.PE'RATI,ON'S REQUIREMENTS PART D - Jobsite Safety Rractices, 1. Name of person who will have responsibility for job'site. safety. 2. Who will be responsible for, tonducting and; documenting accident investigations? Does your company perform, near -miss investigations? . Please provide`sample copy of;investigation forms. 3. How often are jobsite safety audifs or inspections performed? and by whom? m 4. Does the person who is responsible ,for jobsite safety- have auth'drity to take immediate action to correct unsafe: conditions ofwork practices? 5. How often are jobsite tailgate or toolbox safety meetings held? B. Briefly describe how, you will ensure that workers comply with safety programs and Cal/OSHA requirements? 7. Please list any Cal/OSHA citations and penalties you. have received,in the last three years. 8.. ... . . Have there been any on. -the -fob fata_ lities::in the last five years? _ if, f yes, please ,explain. 9. Does your company have a,'safety incentive program? If yes, please,explain. Petal uma-Prequalification, 00490 —4 CONTRACTOR'S SAFETY OPERATIONS REQUIREMENTS, PART E: Evaludtion,Wcirksheet (FOR, USE BY THE CITY ONLY) Company Name Con -tact, Person Item E 16 M E E CLO, 2, CLO, .2 E2 Z. U) '8 tm - w tm,a) 0Z 'it- E C 0 M -,C C: 0 65 0 E :::: — . 0 0 . E -0 L) PART A:. Safety Programs Injury and llln-ess Protection lNes I Hazard Communication Yes s Confined' Space, Operations I Yet Lock.011i /Tagou.t Yes New EmplOyee,Orientati,on I Yes Drug and Alcohol Policy I Yes Excavation Safety I Yes Traffic Control 01fier-Programs: PPE, Fall ,Protection - PART 13 - , SafetyEquipment; PART.C: Traihing and Certifications PART D- Jobsite Safety Practices Responsible Person'Nam'ed. Accident. Ir ny�esfigations Wot.ktit:e Safetyinspections, Safety Meetings - Compliance With 'Safety Recl-Wrelments, Cal/OSHA Citations/Ponalties Fatalities Safety Incentives END' OF SECTION" 0 0. E Petal uma= Preq ual ification 00490' —5