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HomeMy WebLinkAbout6255 RESOLUTION NO, 6255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING BIDDER PRE- QUALIFICATION PROCEDURES AND DOCUMENTS AND ESTABLISHING THE BIDDER PRE-QUALIFICATION APPEAL COMMITTEE WHEREAS, Assembly Bill 574 added Section 20101 to the California Public Contract Code and established procedures for certain local agencies wishing to pre-qualify bidders on public works projects prior to the formal opening of bids; WHEREAS, the Department of Industrial Relations ("DIR") has developed standardized questionnaires and model guidelines for rating bidders pursuant to Public Contract Code Section 20101 (hereinafter "Model Guidelines"); WHEREAS, under Section 20101, the City Council is required to formally adopt bidder pre-qualification procedures and documents modeled after the Model Guidelines and establish a process by which disqualified bidders may appeal; WHEREAS, the City has modeled the: Bidder Pre-Qualification Procedures and Documents attached hereto as Exhibit "A" after the Model Guidelines; and WHEREAS, the City Council has detemlined that adopting Bidder Pre-Qualification Procedures and establishing an appeal committee will streamline the formal bidding process and further the City Council's goals to operate efficiently and in a businesslike manner. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION I. The City Council hereby adopts the Bidder Pre-Qualification Procedures and Documents attached hereto as Exhibit "A" and incorporated herein by reference as may be amended from time to time by the City Manager, SECTION 2. The City Council hereby establishes the Bidder Pre-Qualification Appeal Committee ("Appeal Committee") consisting of the City Manager (or designee), the Director of Administrative Services and the Director of Public Works Services, Whenever a project is to be administered by the department of one of these employees, the City Manager is hereby authorized to appoint to the Appeal Committee an alternate department head from another department. 6255 Passed, approved and adopted this 7'h day of August, 200 I, ATTEST: APPROVED AS TO FORM: \ ~p~ City ttorney 6255 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6255 was passed and adopted by the City Council ofthe City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 7th day of August, 2001 and that said Resolution was adopted by the following vote, to wit: A YES: Councilmember Chandler, Chang, Kovacic, Marshall and Segal NOES: None ABSENT: None 6255 EXHIBIT AI NOTICE REQUEST FOR PRE-QUALIFICATION OF BIDDERS FOR ARCADIA POLICE FACILITY PROJECT Notice is hereby given that the City of Arcadia has determined that all bidders on Arcadia Police Facility to be undertaken by the City of Arcadia must be pre-qualified prior to submitting a bid on that project. It is niandatory that all Contractors who intend to submit a bid, fully complete the pre-qualification questionnaire, provide all materials requested herein, and be approved by the City of Arcadia to be on the final qualified Bidders list. No bid will be accepted from a contractor that has failed to 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. The last date to submit a fully completed questionnaire is August 13, 2001 at 4:00 p.m, 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 projeGt. 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. The City of Arcadia will use these documents as the basis of rating Contractors in respect to the size and scope of contracts upon which each Contractor is qualified to bid. The City reserves the right to check other sources available. The City's decision will be based on objective evaluation criteria. The City of Arcadia reserves the right to adjust, increase, limit, suspend or rescind the pre-qualification rating based on subsequently learned information. Contractors whose rating changes sufficient to disqualify them will be notified, and given an opportunity for a hearing consistent with the hearing procedures described below for appealing a pre- qualification rating. ' While it is the intent of the pre-qualification questionnaire and documents required therewith to assist the City in determining bidder responsibility prior to bid and to aid in selecting the lowest possible bidder, neither the fact of pre-qualification, nor any pre- qualification rating, will preclude the City from a post-bid consideration and determination of whether a bidder has 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 under seal and marked "CONFIDENTIAL" to the Development Services Department, City of Arcadia, 240 W. Huntington Drive, Arcadia, CA 91007, Attention: Donald Penman. The pre-qualification packages (questionnaire answers and financial statements) submitted by Contractors ,are not public records and are not open to public inspection. All information provided will be kept confidential to the extent permitted by law. However, the contents may be disclosed to third parties for purpose of verification, or investigation of substantial allegations, or in the appeal hearing. State law requires that the names of contractors applying for pre-qualification status' shall be pUblic records subject to disclosure, and the first page 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 si\lning. . 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 pe~ury. The City of Arcadia reserves the right to waive minor irregularities and omissions in the information contained in the pre-qualification application submitted, to make all final determinations, and .to determine at any time that the pre-qualification procedures will not be applied to a specific future public project. Contractors may submit pre-qualification packages at any time up to the deadline during regular' working hours on any day that the offices of the City of Arcadia are open. Contractors who submit a complete pre-qualillcation package. will be notified of their qualification status no later than ten (10) business days after submission of the information. The City of Arcadia may refuse to grant pre-qualification where the requested information and materials are not provided, or not provided by the filing deadline. There is no appeal from a ref\lsal for 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 delive~ing notice to the City of Arcadia of its appeal of the decision with respect to its pre- qualification rating, no later than five (5) business days after notice of non-qualification is received by mail. Without a timely appeal, the Contractor waives any and all rights to challenge the decision of the City of Arcadia, whether by administrative process, judicial process orany other legal process or proceeding. If the Contractor gives the required notice of appeal and requests a hearing, the hearing shall be conduced so that it is concluded no later than seven (7) business days after the City. of Arcadia's receipt of the notice of appeal. The hearing shall be an informal process conducted by a panel to whom the City Council of the City of Arcadia 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 two (2) days after the conclusion of 2 the hearing, the Appeals Panel will render its decision. It is the intention of the City of . Arcadia that the final date for the submission and opening of construction bids will not - be delayed or postponed to allow for completion of an appeal process. It is anticipated that the City will issue bids for construction to the pre-qualified contractor in September 2001, with a bid opt3ning approximately thirty (30) days later and award of contract two (2) to four (4) weeks after that date. The City has determined that the construction period will be sixteen (16) months. The project will require the payment of prevailing wages. All submittals as part of this pre-qualification packet must be received by the deadline, August 13, 2001 at 4:00 p.m. Postmarks8nd fax copies will not be accepted. 3 CONTACT INFORMATION (as it appears on license) Check One: 0 Corporation o Partnership Sole Prop. o Sole Prop. Firm Name: Contact Person: Address: Phone: Fax: If firm is a sole proprietor or partnership: Owner(s) of Compal'1Y: Contractor's License Number(s): 4 PART I. ESSENTIAL REQUIREMENTS 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."2 If the answer to question 8 is "yes," and if debarment would be the sole reason for denial of pre-qualification, any pre- qualification issued will exclu'de 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. DYes D No 2. Contractor has a liability insurance policy with a policy limit of at least $2,000,000 per occurrence and $5,000,000 aggregate. DYes D 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. DYes 0 No Contractor is exempt from this requirement, because it has no employees 4. Have you attached your latest copy of a reviewed or audited financial statement with accompanying notes and supplemental information.3 DYes 0 No NOTE: A financial statement that is not either reviewed or audited is not acceptable. A letter verifying availability of a Ijrie of credit may also be attached; however, it will be. considered as supplemental information only, and is not a substitute for the required financial statement. , A "no" answer to Question 4 will not be disqualifying if the contractor is exempt from complying with Question 4, for reasons explained in footnote 7. . 2 A contractor disqualified solely because of a "Yes" answer given to question 6, 7, or g may appeal the disqualification and provide an explanation of the relevant c:ircumstances during the appeai procedure. , Public Contract Code section 20101 (e) exempts from this requirement a contractor who has qualified as a small business pursuant to Government Code section t41137{d){1), If the bid is "no more than 25 per cent of the qualifying amount provided In section 14837(d}(1): As of January 1, 2001, the qualifying amount is $10 million, and 25 per cent of that amount, therefore, is $2,5 million. 5 / 5. Have you attached a notarized statement from an admitted surety insurer (approved by the California Department of Insurance) and authorized to issue bonds in the State of California, which states: (a) that your current bonding capacity is sufficient for the project for which you seek pre-qualmcation if you are seeking pre~qualification for a single project; or (if you are seeking pre- qualification valid for a year) (b) your current available bonding capacity?4 . 0 Yes 0 No NOTE: Notarized statement must be from the surety company, not an agent or broker. 6.' Has your contractor's license been revoked at any time in the last five years? DYes 0 No 7. Has a surety firm completed a contract on your behalf, or paid for completion because your firm was default terminated by the project owner within the last five (5) years? DYes 0 No 8. At the time of submitting this pre-qualification form, is your firm ineligible to bid on or be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7? DYes 0 No If the answer is "Yes," state the beginning and ending dates of the period of debarment: 9. At any time during the last five years, has your firm, or any of its owners or officers been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance 9f a government contract? . 0 Yes 0 No . An additional notarized statement from the surety may be requested by the City of Arcadia at the time of submi$sion of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid. 6 / 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: 1a. Date incorporated: 1 b. Under the laws of what state: 1 C. 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, % Ownership Social Security # 1 d. .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 question, "owner" and "partner" refer to oWnership of ten (10) percent or more of the business, or ten (10) percent or more of its t k 'f th b" f s oc ,I e usmess IS a corpora 1011. Dates of Person's Person's Name Construction Firm Participation with Firm For Firms That Are Partnerships:, 1a. Date offormation: . 1 b. . Under the laws of what state: 1 c. Provide all the following information for each partner who owns ten (10) percent or more of the firm. Name Position "ears with Co. % Ownership Social Security # 7 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" and "partner" refer to ownership of ten' (10) percent or more of the business, or ten per cent or more of its stock, if the business Is a corporation. Dates of Person's Person's Name Construction Firm Particioation with Firm . For Firms That Are Sole Proorietorshios: . 1 a. Date of commencement of business. 1 b. Social security number of company owner. 1 c. 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 (5) years. NOTE: For this question, "owner" and "partner" refer to ownership of ten percent or more of the business, or ten percent or more of its stock, if the b" f us mess IS a coroora Ion. Dates of Person's Person's Name Construction Firm Particioation with Firm For Firms That Intend to Make a Bid as Part: of a Joint Venture: 1a. "Date of commencement of joint venture. 1 b. Provide all of the following information for each firm that is a member of the joint ventu're that expects to bid on on'e or more projects: Name of Firm % Ownership of Joint Venture 8 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 (3) years? NOTE: A corporation whose shares are publicly traded is not required to answer this question. DYes D 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 fifty (50) percent or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm. DYes 0 No . If .yes," explain on a separate signed page.' 4. Are any corporate officers, partners or owners connected to any other construction firms. NOTE: Include information about other firms if an owner, partner, or officer of your firm holds a similar position in another firm. DYes D No If "yes," explain on a separate signed page. ' 5. State your firm's gross revenues for each of the last three (3) 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? DYes D 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 at any time during the last five (5) years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above) . DYes D No If "yes," please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court's discharge order, or of any other document that ended the case, if no discharge order was issued. 9 Licenses 9. List. all Califomia construction license numbers, classifications and expiration dates of the California contractor licenses held by your firm: 10. If any of your firm's Iicense(s) are held in the name of a corporation or partnership, list below the names of the qualifying individiJal(s) listed on the CSLB records who meet(s) the experience and examination requirements for each license.. 11. . Has your firm changed names or IicensEl number in the past five (5) years? DYes D No If "yes," explain ona 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 (5) years? DYes 0 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 Managirig Officer (RMO) been suspended within the last five (5) years? DYes 0 No If "yes," pleas~ explain on a separate signed sheet. Disputes 14. At any time in the last five years has your firm been assessed and paid liquidated damages for a project under a construction contract with either a public or private owner? DYes 0 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 a!,sessment of liquidated damages. 15. In the last (5) 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? 10 NOTE: "Associated with" refers to another construction firm In which an owner, partner or officer of your finn held a similar position, and which is listed in response to question 1c or 1d on this form. DYes ONo 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 by name 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. 16. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible. bidder? DYes 0 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 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 of less than $50,000. 17. In the past five (5) years has any claim aClainst your firm conceming your firm's work on a construction project been filed in court or arbitration? o Yes 0 No If "yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution). 18. In the past five years has your firm made any claim against a project owner . concerning work on a project or paymemt for a contract and filed that claim in court or arbitration? DYes 0 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 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). . * * Ir * . 11 19. At any time during the past five years, has any surety company made any payments on your firm'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 project, either public or private? DYes 0 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. 20. In the last five (5) years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? o Yes ONo If "yes," explain on a separate signed page. Name the insurance carrier, the fonn 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? DYes 0 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. 22. Has your finn or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? o Yes 0 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. 23. 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? '0 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. 12 Bonding 24. Bonding capacity: Provide documentation from your surety identifying the following: Name of bonding company/surety: Name of surety agent, address and telephone number: Documentation of bonding capacity in excess of $12 million: 25. If your firm was required to pay a premium of more than one (1) percent for a performance and payment bond on any project(s) 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 higher. than one percent, if you wish to do so. 26. List all other sureties (name and full address) that have written bonds for your firm during the last five (5) years, iricluding the dates during which each wrote the bonds: 27. During the last five (5) years, has your 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? DYes 0 No If "yes," provide details on a separate si!Jned 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 you had no surety bond in place. 13 C. Compliance with Occupational Safety and Health Laws and with Other Labor Legislation Safety 28. . Has CAL OSHA cited and assessed penalties against your finn for any "serious," "willful" or "repeat" violations of its safety or health regulations in the. past five years? NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it. DYes D No If "yes," attached a separate signed page describing the citations, including infonnation about the dates of the citations, the nature of the violation, the project onwhich 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, statl~ the case number and the date of the decision. 29. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five (5) 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. DYes D No . If "yes," attach a separate signed page describing each citation. 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 (5) 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. DYes D No If "yes," attach a separate signed page describing each citation. 31. Does your construction company have a safety program in place? DYes D No If "yes," submit your safety program tabl'9 of contents or outline of the program. 14 32. List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three (3) premium 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 a letter of explanation. 33. Within the last (5) five years has there ever been a period when your firm had employees but was without workers' compensation insurance or state-approved self-insurance? . DYes DNo If "yes," please explain the reason for the absence of workers' compensation insurance on a separate signed page. 11' "No," please provide a statement by your current workers' compensation insurance carrier that verifies periods of workers' compensation insurance coverage for the last five (5) years. (If your firm has been in the construction business for less than five (5) years, provide a statement by your workers' compensation insurance carrier verifying 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)herebeen more ttlan one (1) occasion during the last five (5) years in which your firm was required to pay either back wages or penalties for your own firm's , failure to comply with the state's prevailing wage laws? NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. DYes 0 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 wage,s and penalties that you were required to pay. 35. During the last (5) five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with prevailing wage requirements? DYes 0 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 15 . 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 Califomia Apprenticeship Council) from whom you intend to request the dispatch of apprentices to your company for use on this police facility project if you are awarded a contract by the City of Arcadia. 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 evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s). (c) State the number of individuals who were employed by your 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. 38. ' At any time during the last five years, has your firm been found to have violated any provision of' California apprenticElship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 1998, if the violation was by.a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. DYes 0 No If "yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). 16 PART III. RECENT CONSTRUCTION PROJECTS COMPLETED 39. Contractor shall provide information about a minimum of six (6) most recently completed similar building projects of which three (3) are public works projects. Names and references must' be current and verifiable. The City is particularly interested in projects completed within the last five (5) years. Use separate sheets of paper that contain all of the following information (if necessary): Project Name: Location: Owner: ..1,. Owner Contact (name and current phone number): Architect or Engineer: Architect or Engineer Contact (name and c'Jrrent phone number): Construction Manager (name and current phone number): Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Construction Start Date: . Onginal Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: 17 I, the undersigned, certify and declare that I have read all the foregoing answers to this pre-qualification questionnaire and know their contents. The matters stated in the questionnaire answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be '. true. I declare under penalty of perjury under the laws of the State of California, that the foregoing is correct. Dated: (Name) 18 PRE-QUALlFICATION EVALUATION AND RATING To qualify to bid on the Arcadia Police Facility Project, a contractor must have answered questions 1 through 9 as described in' the instructions under Part 1 - Essential Requirements for Qualification. Additionally, each respondent must provide all other requested information and receive a passing' score within each of the following categories: . History of the business and organizational performance (Part II - A and B) . Compliance with occupational safety and health laws, workers' compensation and other labor legislation (Part II - C) . Completion of recent projects (Part III) Each of the above categories will be evaluated independently, however as stated above, to qualify to bid on the Police Facility Project, respondents must receive a . passing score within each category and have appropriate responses to questions 1 through 9 under Part 1 - Essential Requirements for Qualification. All questions in this Pre-qualification packet must have a response. Not all responses will be scored, however, omission of information or lack of a response to a question or request for information may lead to disqualification. Under the City's rating system for Parts II and III, the goal is to generate information from interested construction firms, and based on that information, invite those most qualified to bid on the Arcadia Police Facility Project. It is not the City's objective, nor is the rating system designed, to pre-qualify only those firms that have constructed a public safety facility. However, those companies that have constructed complex facilities, including Essential Facilities, are more likely to receive the highest score. . 19 APPEAL PROCEDURE Pursuant to law, the City of Arcadia has established an appeal procedure and process that will allow prospective bidders to dispute their proposed pre-qualification rating. The schedule below prescribes the timetable that shall be used to appeal a decision by the City regarding a prospective bidder's qualificatilJns to bid on the Police Facility Project Prospective bidders will be determined to be either "qualified" or "not qualified" based on receiving a passing score in each of the thn~e categories identified in the packet and based on responses to the Part 1 questions. A passing score is all that is necessary to bid on the Police Facility Project. There will be no ranking of the prospective bidders based on scores. The City of Arcadia will not limit the number of prospective bidders for this project; all prospective bidders who receive a passing score may bid on the project. An Appeal Committee, comprised of the City Manager (or his designee), the Director of Public Works, and the Director of Administrative Services will serve on the Appeal Committee. All decisions of the Appeal Committee are final. No members of the Appeal Committee will be involved in the screening and rating of the Pre-qualification responses. Schedule City notification to prospective bidders of results of rating/eligibility to bid on project. Within ten (10) working days after closing date for receipt of pre-qualification packet or within ten (10) working days of actual receipt of packet. Prospective bidders deadline to file appeal of City's pre-qualification rating. Five (5) working days from City's notification. Appeal hearing. Within seven (7) working days of receipt of appeal. ' Appeal Committee determination. At or within two (2) working days of appeal hearing. As part of the appeal process, the City shall provide written notification to the prospective bidder of the basis for disqualification and any supporting evidence that has been used in the Appeal Committee's determination. A prospective bidder shall be given an opportunity to rebut any evidence used as a basis for disqualification and present evidence as to 'why they are qualified. No appeals may be filed by a prospective bidder who receives a passing score, since there will be no ranking and all who receive a passing score may bid on the project. 20