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Home My WebLink About2003-299 , , 1 RESOLUTION NO. 2003-299 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTINGCONTRACTORPREQUALIFICATION 3 PROCEDURES FOR BIDDERS FOR THE CONSTRUCTION OF FIRE STATION 232. 4 BE IT RESOLVED BY THE MA YORAND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City of San Bernardino hereby adopts the attached Contractor Prequalification Procedures for bidders for the construction of Fire Station #232, as developed by the Department ofIndustrial Relations and in compliance with Public Contract Code Section 2010 I. The Contractor Prequalification Procedures, attached and incorporated herein as Exhibits 1 through 7, consist of the foIlowing documents: 6 7 8 9 10 11 12 13 14 2. 15 3. 16 4. 17 5. 18 6. 19 7. 20 21 22 III 23 III 24 III 25 III 26 27 28 HElcj[FireStation232.Reso] I. Request For Prequalification of Bidders For the Construction ofF ire Station #232. Contractor Prequalification Questionnaire. A List of the Scorable Questions and the Scoring Instructions. Contractor Reference Interview Procedure. Sources For Verification ofInformation Given By Contractors. Contractor Prequalification Appeal Process. City of San Bernardino Contractor Prequalification Questionnaire and Reference Scoring. 1 , 2003-299 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 2 CITY OF SAN BERNARDINO ADOPTING CONTRACTOR PRE QUALIFICATION PROCEDURES FOR BIDDERS FOR THE CONSTRUCTION OF FIRE STATION 3 232. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 j t. Common Council of the City of San Bernardino at a reg. meeting thereof, held on the 17tllay 5 of November , 2003, by the following vote, to wit: 6 7 COUNCIL MEMBERS: AYES 8 ESTRADA X 9 LONGVILLE X 10 MCGINNIS X 11 DERRY X - 12 SUAREZ X - 13 ANDERSON X - 14 MC CAMMACK X - 15 16 NAYS ABSTAIN ABSENT Q.~ CLu....L Rachel Clark, City Clerk 17 18 The foregoing Resolution is hereby approved thislrL;tay of November, 2003. 19 21 20 22 23 Approved as to form 24 and legal content: 25 JAMES F, PENMAN 26 City Attorney 27 ~AJ<l- , 28 HE/cj [FireStation232.Reso] 2 CITY OF SAN BERNARDINO CONTRACTOR PREQUALIFICATION Procedures REQUEST FOR PRE-QUALIFICATION OF BIDDERS FOR THE CONSTRUCTION OF FIRE STATION #232 REQUEST FOR PRE-QUALIFICATION OF BIDDERS FOR THE CONSTRUCTION OF FIRE STATION #232 Notice is hereby given that City of San Bernardino (City) has determined that all bidders on Fire Station #232 to be undertaken by the City must be pre-qualified prior to submitting a bid on that project. It is mandatory 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 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 (DATE). [The 1999 Legislation suggests 35 days prior to the bid closing date]. Interested Contractors are encouraged to submit pre-qualification packages as soon as possible, so that they may be notified of omissions of information to be remedied or of their pre-qualification status well in advance of the bid advertisement for this project. 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 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 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 responsible 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 Mike Grubbs, acting City Engineer Development Services 300 North D Street San Bernardino, CA 92418-0001 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 signing. If any information provided by a Contractor becomes inaccurate, the Contractor must immediately notify City and provide updated accurate information in writing, under penalty of perjury. The City 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 works project. Contractors may submit pre-qualification packages during regular working hours on any day that the Development Services Department offices of the City are open. Contractors who submit a complete pre-qualification package will be notified of their qualification status no later than ten business days after submission of the information. The City may refuse to grant pre-qualification where the requested information and materials are not provided, or not provided by mm/dd/vv [date specified in first paragraph - 35 days before bid closing] There is no appeal from a refusal for an incomplete or late application, but re-application for a later project is permitted. The closing time for bids will not be changed in order to accommodate supplementation of incomplete submissions, or late submissions. Where a timely and completed application results in a rating below that necessary to pre- qualify, an appeal can be made. An appeal is begun by the Contractor delivering notice to The City of its appeal of the decision with respect to its pre-qualification rating, no later than ten business days prior to the closing time for the receipt of bids for construction of the Verdemnont Fire station #232 Project. Without a timely appeal, the Contractor waives any and all rights to challenge the decision of the City, whether by administrative process, judicial process or any other legal process or proceeding. If the Contractor gives the required notice of appeal and requests a hearing, the hearing shall be conducted so that it is concluded no later than five business days after the City's receipt of the notice of appeal, and no later than five business days prior to the last date for the receipt of bids on the project. The hearing shall be an informal process conducted by a panel to whom the Mayor and Common Council of the City has delegated responsibility to hear such appeals (the "Appeals Panel"). At or prior to the hearing, the Contractor will be advised ofthe 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 one day after the conclusion of the hearing, the Appeals Panel will render its decision. It is the intention of the City that the date for the submission and opening of bids will not be delayed or postponed to allow for completion of an appeal process. Note: A contractor may be found not pre-qualified for bidding on a specific public works contract to be let by the City, or on all contracts to be let by the City until the contractor meets the City's requirements. In addition, a contractor may be found not pre-qualified for either: (I) Omission of requested information or (2) Falsification of information * * * * * NOTICE: To contractors who are using subcontractors for this job, please be advised that the City may require, as to subcontractors, one of the following: D The qualification of subcontractors in the following crafts or trades, following acceptance of your bid, but before the award is made: D Pre-qualification of all subcontractors. D Pre-qualification of subcontractors in certain crafts. D Post-bid qualification review. City of San Bernardino Contractor Prequalification Procedures CONTRACTOR PREQUALIFICA TION QUESTIONNAIRE CONTRACTOR PREQUALIFICA TION QUESTIONNAIRE As enacted into law by the State of California 1999 Legislature as part of Assembly Sill 574 Public Contract Code section 20101 the City of San Bernardino (City) will initiate a prequalification process as part of the prime contractor selection for the purposes of construction of the: Verdemont Fire Station #232. AS 574 required the State Department ofIndustrial Relations (DIR) to consult with affected public agencies, cities and counties, the construction industry, the surety industry, and other interested parties." to "develop model guidelines for rating bidders, and draft the standardized questionnaire." The prequalification process utilized by the City is structured on the DIR model guidelines. (I) The Mayor and Common Council have adopted the prequalification process for this project. (2) A uniform system of rating bidders on objective criteria, on the basis of the completed questionnaires and financial statements is applied (Section 20 I 0 I [b]); (3) and an appeal procedure, by which a contractor that is denied pre-qualification may seek a reversal of that determination. Is included (Section 2010 I [d]. The contractor prequalification questionnaire is broken into four (4) sections: Section I Contact information, Essential Requirements, Organization Historv Section II Historv of the business and organizational performance; Section III Compliance with occupational safetv and health laws, workers' compensation and other labor legislation; and Section IV Completion of recent projects and qualitv of performance. The questionnaire includes forms that must be completely filled out and returned to the City. As per below, use signed separate sheets to provide written explanations in regards to bonding, change order, liquidated damages, prevailing wage, etc issues that may have arisen during the course of your construction activities. The information that will be given to the City by contractors seeking pre-qualification is provided under oath, with the understanding that the intentional providing of false information is, in itself, grounds for disqualification. We expect that the information given should be and will be accepted at face value in most instances. Our list of sources of information available to the public is provided for use in the few instances in which a public agency reviewing the answers given in a questionnaire has specific reason to believe that one or more answers should be verified in this manner. Page 2 of 20 AB 574 provides that "The questionnaires and financial statements shall not be public records and shall not be open to public inspection; however, records of the names of contractors applying for prequaIification status shall be public records subject to disclosure" under the Public Records Act. (Section 20101 [aD. The Section I cover page (Page 4 of package) of each questionnaire ~ a public record, and that all other pages of the questionnaire are not public records. Section I - CONTACT INFORMATION, ESSENTIAL REQUIREMENTS, ORGANIZTION HISTORY Firm Name: (as it appears on license) Check One: D Corporation D Partnership D Sole Prop. Contact Person: Address: Phone: Fax: If firm is a sole proprietor or partnership: Owner(s) of Company Contractor's License Number(s): Page 3 of20 A. ESSENTIAL REQUIREMENTS FOR QUALIFICATION Contractor will be immediately disqualified if the answer to any of questions 1 through 5 is "no.'" 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 wiD exclude tbe 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 $1,000,000 per occurrence and $2,000,000 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 employees D No D Contractor is exempt from this requirement, because it has no 4. Have you attached your latest copy of a reviewed or audited financial statement with accompanying notes and supplemental information.3 DYes D 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 considered as supplemental information only, and is not a substitute for the required [mancial statement. 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 I 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 3. 2 A contractor disqualified solely because ofa "Yes" answer given to question 6, 7, or 9 may appeal the disqualification and provide an explanation of the relevant circumstances during the appeal procedure. 3 Public Contract Code section 20101(e) exempts from this requirement a contractor who has qualified as a small business pursuant to Government Code section 14837(d)(1), if the bid is "no more than 25 per cent of the qualifYing amount provided in section 14837(d)(I)." As of January 1,2001, the qualifYing amount is $10 million, and 25 per cent of that amount, therefore, is $2.5 million. Page 4 of 20 you seek pre-qualification 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 DYes D 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 D 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 D 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 D No If the answer is "Yes," state the beginning and ending dates of the period ofdebarment: 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 of a government contract? DYes D No SECTION II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE, COMPLIANCE WITH CIVIL AND CRIMINAL LAWS Current Organization and Structure of the Business For Firms That Are Corporations: I a. Date incorporated : lb. Under the laws of what state: 4 An additional notarized statement from the surety may be requested by the City of San Bernardino at the time of submission of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid. Page 5 of 20 Ic. 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 per cent of the corporation's stock. Name Position Years with Co. % Ownership Social Security # I 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 per cent or more of the business, or 10 per cent or more of its stock, if the business is a corporation. Dates of Person's Participation Person's Name Construction Firm with Firm For Firms That Are Partnerships: la. Date off ormation: I b. Under the laws of what state: Ic. Provide all the following information for each partner who owns 10 per cent or more of the firm. Name Position Years with Co. % Ownership Social Security # I d. 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 per cent or more ofthe business, or ten per cent or more of its stock, if the business is a corporation. Person's Name Construction Com an Dates of Person's Participation with Com an Page 6 of 20 I For Firms That Are Sole Proprietorships: I a. Date of commencement of business. I b. Social security number of company owner. I 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 years. NOTE: For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation. Person's Name Construction Com an Dates of Person's Participation with Com an For Firms Tbat Intend to Make a Bid as Part of a Joint Venture: la. Date of commencement of joint venture. I b. Provide all of the following information for each firm that is a member of the joint venture that expects to bid on one or more projects: Name of firm % Ownership of Joint Venture ***** Historv of the Business and Oreanizational Performance I. How many years has your organization been in business in California as a contractor under your present business name and license number? years Page 7 of 20 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. 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 50 per cent or more of another, or 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. 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 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 years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above) DYes D No Page 8 of 20 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 ofthe Bankruptcy Court's discharge order, or of any other document that ended the case, if no discharge order was issued. Licenses 9. List all California construction license numbers, classifications and expiration dates of the California contractor licenses held by your firm: 10. If any of your firm's license(s) are held in the name of a corporation or partnership, list below the names of the qualifYing individual(s) listed on the CSLB records who meet(s) the experience and examination requirements for each license. II. Has your firm changed names or license number in the past five years? DYes D No If "yes," explain on a separate signed page, including the reason for the change. 12. Has any owner, partner or (for corporations:) officer of your firm operated a construction firm under any other name in the last five years? DYes D No If "yes," explain on a separate signed page, including the reason for the change, 13. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? DYes D No If "yes," please 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 after completion of a project under a construction contract with either a public or private owner? Page 9 of 20 DYes D 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. 15. 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 project 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. DYes D No If "yes," explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. IdentifY 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 D 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 aU disputes about amounts ofless than $50,000. 17. In the past five years has any claim aeainst your firm concerning your firm's work on a construction project been filed in court or arbitration? DYes D No If "yes," on separate signed sheets of paper identifY the c1aim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the Page 10 of20 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 payment for a contract and filed that claim in court or arbitration? DYes D 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 (pending, or if resolved, a brief description of the resolution). ***** 19. At any time during the past five years, has any surety company made any payments on 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 D 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 years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? DYes D No If "yes," explain on a separate signed page. Name the insurance carrier, the form of insurance and the year of the refusal. Criminal Matters and Related Civil Suits 21. Has your firm or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity? DYes D No Page 11 of 20 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 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? DYes D 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? DYes D 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. 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: 25. If your firm was required 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 three 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. 26. List all other sureties (name and full address) that have written bonds for your firm during the last five years, including the dates during which each wrote the bonds: Page 12 of 20 27. During the last five 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 D 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 you had no surety bond in place. Section III Compliance with Occupational Safety and Health Laws and with Other Labor Legislation Safety 28. Has CAL OSHA cited and assessed penalties against your firm for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? NOTE: If you bave filed an appeal of a citation, and tbe 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 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. 29. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if tbere 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 EP A or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. Page 13 of 20 ,- - DYes D No If"yes," attach a separate signed page describing each citation. 31. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 32. List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three 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 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 D No If "yes," please explain the reason for the absence of workers' compensation insurance on a separate signed page. If "No," please provide a statement by your 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 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 there been more than one occasion during the last 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 state's prevailing wage laws? Page 14 of20 I 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 D No If "yes," attach a separate signed page or pages, describing the nature of each violation, identifYing the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. 35. During the last five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? DYes D No If "yes," attach a separate signed page or pages describing the nature of the violation, identifYing the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid. 36. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to request the dispatch of apprentices to your company for use on any public work project for which you are awarded a contract by [Public Entity]. 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. Page 15 of20 38. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any 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 D No If "yes," provide the date( s) of such findings, and attach copies of the Department's final decision(s). SECTION IV - CONTRACTOR PROJECT HISTORY AND REFERENCES Contractor shall provide information about its six most recently completed public works projects and its three largest completed private projects within the last three years. Names and references must be current and verifiable: I. Project Name: Location: Owner: Owner Contact (name and current phone number): Architect or Engineer: Architect or Engineer Contact (name and current phone number): Construction Manager (name and current phone number): Description of Project, Scope of Work Performed: Page 16 of20 Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: ***** 2. Project Name: Location: Owner: Owner Contact (name and current phone number): Architect or Engineer: Architect or Engineer Contact (name and current phone number): Construction Manager (name and current phone number): Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: .. .. '* * .. 3. Project Name: Location: Page 17 of20 Owner: Owner Contact (name and current phone number): Architect or Engineer: Architect or Engineer Contact (name and current phone number): Construction Manager (name and current phone number): Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: * * * * * 4. Project Name: Location: Owner: Owner Contact (name and current phone number): Architect or Engineer: Architect or Engineer Contact (name and current phone number): Page 18 of 20 Construction Manager (name and current phone number): Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: ***** 5. Project Name: Location: Owner: Owner Contact (name and current phone number): Architect or Engineer: Architect or Engineer Contact (name and current phone number): Construction Manager (name and current phone number): Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: Page 19 of 20 * * * * * 6. Project Name: Location: Owner: Owner Contact (name and current phone number): Architect or Engineer: Architect or Engineer Contact (name and current phone number): Construction Manager (name and current phone number): Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: * * * * * * * I, the undersigned, certifY and declare that I have read all the foregoing answers to this prequalification 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 peIjury under the laws of the State of California, that the foregoing is correct. Dated: (Name) Page 20 of 20 , , City of San Bernardino Contractor Prequalification Procedures A LIST OF THE SCORABLE QUESTIONS AND THE SCORING INSTRUCTIONS 1- , A LIST OF THE SCORABLE QUESTIONS AND THE SCORING INSTRUCTIONS The scorable questions arise in three different areas: (I) Historv of the business and organizational performance; (II) Compliance with occupational safety and health laws. workers' compensation and other labor legislation; and (III) Completion of recent proiects and Quality of performance. The interview questions (interviews by the public agency of project managers on projects completed recently by the contractor) are included in group III. In a pre-qualification procedure for a single proiect, this last category would also include a scoring of the number of recently completed projects that are similar to the project on which pre- qualification is at issue. However, scoring linked to the similarity of past projects would probably not be possible or useful if the public agency as part of a procedure to pre- qualifY contractors for an extended period. Note: Not all questions in the questionnaire are scorable; some questions simply ask for information about the contractor firm's structure, officers and history. This section includes only those questions that are "scorable." The question numbers in this section are the numbers used in the questionnaire. Thus, the questions included here begin with question number I, and there are a few breaks in the numerical sequence. The Scores Needed for Prequalification To prequalify, a contractor would be required to have a passing grade within each ofthe three large categories referred to above. For Section I, "History of the business and organizational performance," the DIR recommends use of a passing score of 57 on this portion of the questionnaire (of a maximum score of76 on this portion of the questionnaire). For Section II, Compliance with occupational safety and health laws, workers' compensation and other labor legislation the DIR recommends use of a passing score of 38 on this portion of the questionnaire (of a maximum score of 53 points on this portion of the questionnaire). Section III, Completion of recent proiects and Quality of performance, includes a series of interview questions, and may also include questions about recently completed (public or private) construction projects. For the interview questions, DIR recommends that a public agency interview project managers for the owners of two completed projects. DIR recommends a scoring system that would allow a maximum score of 120 points for each interview. For these questions, DIR recommends qualification for a contractor whose score on each of two interviews is 72 points or more; a denial of pre-qualification Page 2 of 12 for a contractor whose score on either interview is less than 55 points; and an additional interview with another reference if the score resulting from one interview is between 55 points and 72 points. DIR makes no recommendation about how to score a contractor's answers about recently completed past projects. Because ofthe wide range of projects that a public agency may be planning, and the similarly wide range in the skills, abilities, and experience that a public agency will consider most important for a pending project, it is impossible to propose a useful model scoring system to apply to the answers given about a contractor's completed projects. Ouestions about Historv of the Business and Oreanizational Performance (16 questions) I. How many years has your organization been in business in California as a contractor under your present business name and license number? years 3 years or more = 2 points 4 years = 3 points 5 years = 4 pts. 6 years or more = 5 points 7. Is your firm currently the debtor in a bankruptcy case? DYes D No "No" = 3 points" "Yes" = 0 points 8. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above). DYes D No "No" = 3 points" "Yes" = 0 points 13. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? DYes D No No = 5 points Yes = 0 points 14. 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? DYes D No No projects with liquidated damages of more than $50,000, or one project with liquidated damages = 5 points. Page 3 of 12 Two projects with liquidated damages of more than $50,000 = 3 points Any other answer: no points 15. 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 project 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 No = 5 points Yes = 0 points 16. In the last five years, has your firm been denied an award of a public works contract based on a fmding by a public agency that your company was not a responsible bidder? [] Yes [] No No = 5 points Yes = 0 points * * .. * * 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 years, has any claim aeainst your firm concerning your firm's work on a construction project, been frIed in court or arbitration? DYes D No If the firm's average gross revenuefor the last three years was less than $50 million, scoring is asfollows: 5 points for either "No" or "Yes" indicating I such instance. 3 points for "Yes" indicating 2 such instances. o points for "Yes" ifmore than 2 such instances. If your firm's average gross revenue for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1,2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. Page 4 of 12 o points for "Yes" ifmore than 5 such instances. 18. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? DYes D No If your firm's average gross revenues for the last three years was less than $50 million scoring is as follows: 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2 such instances. o points for "Yes" ifmore than 2 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1,2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. o points for "Yes" ifmore than 5 such instances. 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 D No 5 points for either "No" or "Yes" indicating 1 such claim. 3 points for "Yes" indicating no more than 2 such claims Subtractfive points for "Yes" ifmore than 2 such claims 20. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? DYes D No 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2 such instances. o points for "Yes" or ifmore than 2 such instances. 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 D No Page 5 of 12 I No = 5 points Yes = subtract 5 points 22. Has your firm, or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? DYes D No No = 5 points Yes = subtract 5 points 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? DYes D No No = 5 points Yes = subtract 5 points 25. If your firm was required 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 three 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. % 5 points if the rate is no more than one per cent 3 points if the rate was no higher than 1.10 per cent. o points for any other answer. 27. During the last five years, has your firm ever been denied bond credit 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 D No No = 5 points Yes = 0 points Questions about compliance with safety, workers compensation, prevailing wage and apprenticeship laws. (II questions) 28. Has CAL OSHA cited and assessed penalties against your firm for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? Note: If you have filed an appeal of a citation and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it. DYes D No Page 6 of 12 If the firm's average gross revenues for the last three years was less than $50 million, scoring is asfollows: 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2 such instances. o points for "Yes" ifmore than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is asfollows: 5 points for either "No" or "Yes" indicating 1,2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. o points for "Yes" ifmore than 5 such instances. 29. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? Note: If you have filed an appeal of a citation and the appropriate appeals Board has not yet ruled on your appeal, you need not include information about it. DYes D No If yes, attach a separate signed page describing each citation. lfthefirm's average gross revenuesfor the last three years was less than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2 such instances. o points for "Yes" or ifmore than 2 such instances. If the firm's average gross revenuesfor the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1,2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. o points for "Yes" ifmore than 5 such instances. 30. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. DYes D No If the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: Page 7 of 12 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2 such instances. o points for "Yes" or ifmore than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1,2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. o points for "Yes" ifmore than 5 such instances. 31. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 3 points for an answer of once each week or more often. o points for any other answer 32. List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three 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. 5 points for three-year average EMR of. 95 or less 3 points for three-year average of EMR of more than .95 hut no more than 1.00 o points for any other EMR 33. Within the last 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 D No 5 points for either "No" or "Yes" indicating 1 such instance. o points for any other answer. 34. Has there been more than one occasion during the last five years on 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? DYes D No Page 8 of 12 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. [fyour firm's average gross revenuesfor the last three years was less than $50 million, scoring is asfollows: 5 points for either "No," or "Yes" indicating either [ or 2 such instance. 3 points for "Yes" indicating 3 such instances. o points for "Yes" and more than 3 such instances. [fyour firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes" indicating either 5 or 6 such instances. o points for "Yes" and more than 6 such instances. 35. During the last five years, has there been more than one occasion on which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? DYes D No If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No," or "Yes" indicating either 1 or 2 such instance. 3 points for "Yes" indicating 3 such instances. o points for "Yes" and more than 3 such instances. [fyour firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes" indicating either 5 or 6 such instances. o points for "Yes" and more than 6 such instances. 36. Provide the name, address and telephone number of the apprenticeship program sponsor(s) (approved by the California Division of Apprenticeship Standards) that will provide apprentices to your company for use on any public work project for which you are awarded a contract by [Public Entity}. 5 points if at least one approved apprenticeship program is listed. o points for any other answer. 37. If your firm operates its own State-approved apprenticeship program: Page 9 of 12 (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. 5 points if one or more persons completed an approved apprenticeship while employed by your firm. o points ifno persons completed an approved apprenticeship while employer by your firm. 38. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any 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 D No. If yes, provide the date( s) of such findings, and attach copies of the Department's final decision(s). If your firm's average gross revenues for the last three years was less than $50 million, scoring is asfollows: 5 points for either "No," or "Yes" indicating either lor 2 such instance. 3 points for "Yes" indicating 3 such instances. o points for "Yes" and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes" indicating either 5 or 6 such instances. o pointsfor "Yes" and more than 6 such instances. Questions concerning recent construction projects completed: (one question, plus II interview questions) Page 10 of 12 The following question to be scored only where a public agency is undertaking a pre- qualification procedure valid for a single proiect only. I. Contractor shall provide information about its six most recently completed public works projects and its three largest completed private projects within the last three years. I 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 Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: '* '* '* '* * 1 If you wish, you may, using the same format, also provide information about other projects that you have completed that are similar to the project(s) for which you expect to bid. Page II of 12 Scoring of previous projects completed: For pre-qualification for a single project that may require specific skills and capabilities, public agencies may choose to score contractors for the number of similar projects completed, and the degree of similarity between past projects and the planned project. D IR has not suggested any scoring for this aspect of the pre-qualification process, because of the numerous possible variations in both the type of project to be built and the points of similarity between the pending project and past projects that may be significant to the public agency. Page 12 ofl2 City of San Bernardino Contractor PrequaIification Procedures CONTRACTOR REFERENCE INTERVIEW PROCEDURE REFERENCE INTERVIEWER & INTERVIEW INSTRUCTIONS The following is the form for conducting and scoring interviews of the managers of projects previously completed (that is, the people who supervised the projects for the project owners) by the contractor wishing to pre-qualify. The interview questions allow qualitative review of work performance for contractors who choose to bid and pre-qualify for City of San Bernardino public works contracts. The interview questions will be used to examine randomly selected contacts from a minimum of two similar completed past projects. In each question, the person being interviewed is asked to rate a certain aspect of contractor's performance, using a scale of I to 10. The highest possible score is 120 points. A score of less than 55 points disqualifies the contractor from bidding on projects that are proposed by the public agency. A score of 72 points or more on each interview is sufficient for a contractor to qualify on this portion of the prequalification process. If the scores resulting from an interview are between 55 and 72, the public agency should conduct another interview to collect additional information. It is possible that the score given to any interview answer may be challenged in an appeal. For that reason, be sure to: (a) ask the person being interviewed for specific information or details, to explain or substantiate the numerical answer given; and (b) take written notes of the information provided. Selection of the Interviewer: (a) The interviewer will be at least moderately well informed about public works construction. (b) The interviewer will be unbiased during the interview; this is to ensure accurate implementation of the interview questions. (c) The interviewer will not use examples or deviate from the questions unless the project manager is unclear and prompts further explanation. The interviewer should offer additional explanation of the questions only if he/she is sure of the intent of the question in the interview. Locating the respondent to interview: (a) The interviewer should attempt to contact a project manager of a past project for the interview. The interviewer should be aware that for one interview to be completed, there may be a need to interview multiple individuals. That is, the interviewer may have to contact multiple individuals, such as the project manager concerning the building process, and a financial manager for warranty items, assessed liens, and the like. (b) Once reached, the interviewer should review the information contained in the questionnaire of the past project with the project manager. That is, review who is being interviewed and why (purposes of pre-qualifYing), the past project type, completion date, and other pertinent information to ensure that the project manager is sure of the project he/she is asked to review. Interview Lengtb: (a) The interview should take 8-12 minutes, under normal circumstances. (b) The interviewer, when contacting the project manager, should convey the expected time which it takes to conduct the interview. This is to ensure the individual is not discouraged from taking part in the interview Conducting the interviews: (a) The interview should examine at least two separate past projects listed in the questionnaire. (b) After the interview is scored, the interviewer should compare the interview score with the same contractor's score on the written questionnaire. If the ratings (overall scores) are far apart, the interviewer should conduct at least one/two more interviews to determine how past performance should be weighted. While conducting the interview, the interviewer should be consistent with the way the questions are presented. That is, if the interviewer changes the way questions are presented during the review, it could potentially change the way the respondent answers the questions and jeopardize the overall scoring. INTERVIEW QUESTIONS The following questions will be used to interview randomly selected contacts from at least two completed projects. The City of San Bernardino Project Manager will conduct the interviews. No action on the contractor's part is necessary. First, please give a brief description of the project. I. Are there any outstanding stop notices, liens, or claims by the contractor that are currently unresolved on contracts for which notices of completion were recorded more than 120 days ago? (I point for each is deducted from overall score; maximum amount to be deducted is 5 points) 2. On a scale of 1-10, with 10 being the best, did the contractor provide adequate personnel? (Max. 10 points) 3. On a scale of 1-10, 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 10 being the best, was the contractor timely in providing reports and other paperwork, including change order paperwork and scheduling updates? (Max. 10 points) 6. On a scale of 1-10, with 10 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, with 10 being the best, to what extent was the contractor responsible for the delay in completion? 8. On a scale of 1-10, with 10 being the best, rate the contractor on the timely submission of reasonable cost and time estimates to perform change order work. (Max. 10 points) 9. On a scale of 1-10, with 10 being the best, rate the contractor on how well the contractor performed the work after a change order was issued, and how well the contractor integrated the change order work into the existing work. (Max. 10 points). 10. On a scale of 1-10, with 10 being the best, rate how has the contractor been performing in the area oftuming in Operation & Maintenance manuals, completing as-built drawings, providing required training and taking care of warranty items? (Max. 10 points) II. On a scale of 1-10, with 10 being the best, rate the contractor on whether there were an unusually high number of claims, given the nature of the project, or unusual difficulty in resolving them. (Max. 10 points) 12. On a scale of 1-10, with 10 being the highest, rate the contractor with respect to timely payments by the contractor to either subcontractors or suppliers. (If the person being interviewed knows of no such difficulties, the score on this question should be "10.") 13. On a scale of 1-10, with 10 being the best, how would you rate the quality of the work overall? (Max. 10 points) CITY OF SAN BERNARDINO CONTRACTOR PREQUALIFICATION PROCEDURES SOURCES FOR VERIFICATION OF INFORMATION GIVEN BY CONTRACTORS Pagelof5 SOURCES FOR VERIFICATION OF INFORMATION GIVEN BY CONTRACTORS A CAUTIONARY NOTE: The information that will be given to the City of San Bernardino by contractors seeking pre-qualification is provided under oath, with the understanding that the intentional providing of false information is, in itself, grounds for disqualification. The intent of the 1999 Legislature in enacting Public Contract Code section 20101 as part of Assembly Bill 574, included the expectation that the information given should be and would be accepted at face value. However, the following information is provided for use in the few instances in which the City of San Bernardino evaluation team reviewing the answers given in a questionnaire has specific reason to believe that one or more answers should be verified by reference to publicly available information. Information about a contractor's license(s) (Questionnaire Part I, question 6, and Part II, questions 6 and 9-13) Names and addresses oflicensed contractors, information about the type oflicense(s) issued and the dates when licenses were issued (and certain other information), are available from the Contractors' State Licensing Board (CSLB), 9821 Business Park Drive, Sacramento, CA 95827. Telephone number 800-321-2752. The CSLB web site for public information is: www.CSLB.ca.gov. Information about workers' compensation insurance (Part I, question 3 and Part II, questions 32-33) Every workers' compensation insurance carrier issues to each of its insured businesses a Certificate of Insurance. The contractor should be willing to provide a copy upon request. Each contractor's Experience Modification Rate for the year should be stated in a letter to the contractor from the contractor's workers' compensation insurance carrier. Some large companies are legally self-insured for workers' compensation, with the consent and authorization of the Department of Industrial Relations. The names of companies that are legally self-insured are available from the Department's Office of Self-Insurance Plans, Workers' Compensation, 2265 Watt Avenue, Suite I, Sacramento, CA 95825; (916) 483- 3392. The names of each business's current and recent workers' compensation insurance carriers are available from the Workers' Compensation Insurance Reporting Bureau (WCIRB), 575 Market Street, San Francisco, telephone (415) 777-0777. WCIRB is not a public agency but it provides information to the public. It will provide the names of the current and recent workers' compensation insurance carriers of every employer in California, in response to a written request, for a fee of $8 for every year for which you seek information. Page 2 of5 Information about whether surety insurance carriers are "admitted" to do business in California (Part I, question 5) The California Department of Insurance will verifY whether an insurance carrier is "admitted" to issue insurance policies within the State. The Department has a "Hot-Line" number - 800-927-4357, and a web-site from which the information is available: www.msurance.ca.gov Information on disqualification from biddine on public contracts (Part I. Question 8 and Part II. Question 15) Information on the identities of contractors that have been disqualified from bidding on public works contracts is available from the California Labor Commissioner, Division of Labor Standards Enforcement, 455 Golden Gate Avenue, San Francisco, telephone (415) 703-4810. Information available from the Secretarv of State about corporations (Part II, questions la-1d, 2-4) The California Secretary of State has certain current and historical information about all corporations that operate in California: dates of incorporation, articles of incorporation, the name of the original incorporators, the names of the corporate officers (who are not necessarily the corporate stockholders) and an agent for service of process for the corporation. This information is available from the Secretary of State upon written request. (Secretary of State, Business Programs Division, 1500 Eleventh Street, Sacramento, CA 95814. Telephone (916) 653-2121 or 653-1239). The Secretary of State does not ordinarily have a listing of the names of initial stockholders or current stockholders, and that information is generally not available in any public record. Information available from County Clerks about partnerships and sole proprietorships (Part I, questions la-I d,2-4) Every business, including a partnership, that operates under a "fictitious name" (for example, "Ajax Sheet Metal Contractors" or "Smith Brothers Electrical Contractors") is required to file with the County Clerk in the county in which its home office is located a "Fictitious Business Name" statement. This statement will indicate the owner of the business, if the business is a sole proprietorship, and the names of partners, if the business is a partnership. The information is available to the public from the County Clerk upon request. A written request may be necessary. Page 3 of5 Information about bankruptcy proceedings (Part II, questions 7 and 8) Bankruptcy petitions, which include the names of the person or business that is seeking protection from the Bankruptcy Court, are available for public inspection at the office of the Clerk of each Bankruptcy Court (which are federal courts). In California, Bankruptcy Courts are located in Sacramento, Modesto, Fresno, San Francisco, Oakland, San Jose, Los Angeles, Santa Ana, Riverside, and San Diego. Most documents filed in court in bankruptcy proceedings are available for public inspection, at the Bankruptcy Court clerk's office. Some information on bankruptcy filings may also be available from commercial enterprises that collect and sell information from public records). In addition some information about bankruptcy cases filed August 1990 and later is available on-line through the "PACER" Ceublic Access to ~ourt glectronic .Records) system. To obtain information from PACER, you must register with the system, and pay a fee for the materials obtained. Call 1-800-676-6856 or you may register online at http://pacer. psc. uscourts.gov /. Information about civil suits and arbitration cases (Part II, questions 14, 17 and 18) Each court keeps records of every civil suit filed in that court, and of the judgments that are issued after trials. However, the exact terms of pre-trial settlements are generally not recorded in court files. Documents related to disputes submitted to arbitration are generally not available for public inspection. Public agencies, however, are required to disclose the terms of such settlements, when documents are requested under the California Public Records Act. Information about criminal convictions (Part I, question 9, and Part II, questions 21, 22, and 23) Criminal convictions are a matter of public record. Each courthouse (in both the federal and state court systems) has an index of its own criminal records. In addition, a few data collection businesses have collected criminal conviction information from public records throughout the state, and the collected information about particular individuals or businesses is available for sale from these private businesses. Information about Federal court civil and criminal cases (part I, question 9) Information about federal criminal cases (filed August 1991 and later) and civil cases (filed August 1990 and later) is available on-line through the "PACER" (fublic Access to Court glectronic Records) system. To obtain information from PACER, you must register with the system, and pay a fee for the materials obtained. Call 1-800-676-6856) or you may register online at http://pacer.psc.uscourts.gov/. Page 4of5 Information about citations issued for violation of industrial safety and health laws (Part II, questions 28 and 29) Information about citations issued by both the federal Occupational Safety and Health Administration and the California Division of Occupational Safety and Health (Cal OSHA) are available on a web-site maintained by federal OSHA, htto://www.osha.gov. At that web site, click on "Library." On the Library page, click on "Statistics and Inspection Data." Next, click on "Establishment Search." When the next screen appears, enter the name of the contractor about whom you seek information in the "Establishment" window. In the "Process" window, enter the number 999999. Click on California in the "State" window. In the "Inspection Date" window, enter "1990." Then click the submit button. Information about prevailine waee law violations (Part II, question 34) Information about recent prevailing wage law violations is available from the Division of Labor Standards Enforcement, at 2424 Arden Way, Suite 360, Sacramento, CA 95825. A model letter asking for such information is enclosed. Citations from either Air Oualitv or Water Oualitv Board for violations of reeulations (part II, question 30) Information about citations issued by the California Air Resources Board is available from that agency under the Public Records Act. Their address is 2020 L Street, Sacramento, CA 95814, or Post Office Box 2815, Sacramento, 95812. In addition, Regional Air Quality Management Districts and Regional Water Quality Control Boards throughout the state may issue citations for violation of air quality or water quality standards. Consult the appropriate board in your area for information about how to gather appropriate information. Information about state-approved apprenticeship plans and violations of state apprenticeship laws (Part II, questions 36-38) Information about violations of state apprenticeship laws can be obtained from the Division of Apprenticeship Standards, 455 Golden Gate Avenue, 8th Floor, Post Office Box 420603, San Francisco, CA 94142. Page 5of5 CITY OF SAN BERNARDINO CONTRACTOR PRE QUALIFICATION PROCEDURES CONTRACTOR PRE QUALIFICATION ApPEAL PROCESS APPEAL PROCEDURE Public Contract Code Section 20 I 0 I (d) requires every public agency that requires prospective bidders to prequalifY pursuant to this law to establish "a process that will allow prospective bidders to dispute their proposed prequalification rating prior to the closing time for receipt of bids." The appeal process must include written notification by the public agency of the basis for the prospective bidder's disqualification "and any supporting evidence that has been received from others or adduced as a result of an investigation by the public entity." (section 2010I[d][I]). The prospective bidder must be given an opportunity to rebut any evidence used as a basis for disqualification and to present evidence to the public entity as to why the prospective bidder should be found qualified." (section 20101 [d][2]). It is the intent of the Mayor and the Common Council that the date for the submission and openings of bids for the construction of - the Verdemont Fire Station #232 project - will not be delayed or postponed to allow for completion of an appeal process. The Mayor and Common Council has designated that for the purposes of - the Verdemont Fire Station #232 project - the Contractor Prequalification Appeals Panel will be comprised of the following City of San Bernardino resources: City Staff I) Mike Grubbs, Development Services City Engineer 2) James W. Sharer, Director of Facilities Management 3) David Taylor, Facilities Management Project Manager 4) Mike Wolff, Development Services Project Manager City Attorney Staff 5) Henry Empeno Jr. PROCEDURES: Step Activity A. The City of San Bernardino receives approval from the Mayor and Common Council to prequalifY potential contracting firms for the project. B. Per department procedures, Development Services advertises through the City website, local news agencies, and plan rooms, the Request for Pre-qualification of Bidders (RFP). Concurrent with the Request for Proposals to perform the construction of the project. C. Interested contractors obtain the RFP package either by downloading from City website or physically picking up from Development Services. Page 2 of5 D. Interested contractor(s) fills out all of the sections of the prequalification questionnaire forms and attaches all of the necessary supporting documentation. E. Interested contractor(s) submits fully completed package(s) to Development Services on or before the due date noted in the RFP. The Facilities Management Project Manager (PM) evaluates for each: E.I Did contractor submit RFP package prior to deadline? Yes - Proceed to Step E.2. No - There is no Appeal from a refusal for a late application, the PM provides timely written notification to the contractor, copies members of Appeals Panel. End of procedure. E.2 Did Contractor submit a fully completed package? Yes - Proceed to Step F. No - There is no Appeal for submittal of an incomplete package, the PM provides timely written notification to the contractor, copies members of Appeals Panel. End of procedure. F. PM commences reviewing the RFP package(s) submitted by the contractor(s): F.I Did contractor answer "no" to any of questions I through 5? Yes - contractor will be immediately disqualified. Proceed to Step J. No - Proceed to Step G. G. PM fills out the header information on the electronic "Questionnaire and Reference" scoring worksheet. H. The PM evaluates the answers provided and performs the scoring of each scorable question. Each score is electronically tabulated on the worksheet. I. PM contacts at a minimum two of the references provided by each of the contractors. The contact respondent of the references is interviewed, and their answers scored, using the questionnaire process documented in the "Contractor Reference Interview Procedure. Each score is electronically tabulated on the worksheet. 1.1 Did Contractor have an average per reference interview score 72 and above? Yes - Contractor not disqualified on reference score, Proceed to Step 1.4. 1.2 Did contractor have a reference interview score ofless than 55 on any interviewed reference? No - Proceed to Step 1.3. Yes - The contractor is disqualified. Proceed to Step J. I.3 Did Contractor have an average reference interview score of between 56 and 71? Page 3 of5 Yes - PM interviews a third reference, Return to Step 1.1. 1.4 Did contractor have a worksheet total score greater than 238? Yes - Proceed to Step J. No - The contractor is disqualified. Proceed to Step J. J. The PM posts names, addresses, and contact numbers, on the qualified contractor list. The PM posts names, addresses, and contact numbers, on the disqualified contractor list. K. Prior to being within 30 business days ofthe closing of the bidding phase of the construction project, the PM delivers the lists of qualified and disqualified contractors, with copies of their submittals and scoring worksheets, to the members of the Appeals Board. K.I Any comments, exceptions, or directions from the Appeals Board requiring further PM action? No - Proceed to Step M. Yes - The PM. Proceed to Step L. L. Within 5-day window, the PM responds to the Appeals Board direction for further qualification or score research or clarification on given contractor( s) as requested. Return to Step K.1. M. The PM registered mails written notification to both the qualified and disqualified contractors. Timing of notification is to insure receipt of notifications within 25 business days of the closing time for receipt of the bids for the Verdemont Fire Station #232 Project. M.I The PM will include the basis for the City's disqualification determination to each disqualified contractor(s) as part of their written notification. N. Disqualified contractor(s) are required to deliver to the Development Services Department of the City their notice of appeal ofthe decision with respect to their rating no later than 10-business days prior to the closing time for receipt of bids for the Verdemont Fire Station #232 Project. N.I Any appeals and requests for hearing received prior to 10-business day window? No - Contractor(s) failing to respond prior to 10-business waive any and all rights to challenge the rating decision by the City. End of Procedure Yes - Proceed to Step O. Page 4of5 O. No later than 5 business days prior to the closing time for receipt of bids for the Verdemont Fire Station #232 Project, the Appeals Panel will conduct an informal hearing. The contractor(s) will be given the opportunity to present information and/or reasons in opposition to their disqualification rating. P. The Appeals Panel will render its decision within one business day after the conclusion of the hearing. P.I Has the contractor(s) provided compelling reasons with appropriate documentation that the Appeals Panel reverses the pre- qualification rating? No - The PM is directed to forward written notification to the contractor( s) that pre-qualification rating will not be revised or amended. Yes - The PM is directed to amend the prequalified contractor list and forward written notification to the contractor( s). End of Pre qualification Appeals Procedures. Page 5of5 City of San Bernardino Contractor Prequalification Questionaire and Reference Scoring Project: Verdemont Fire Station #232 Bids Opened: Vendor: Date Scored: Questionnaire Number Maximum Possible Points 359 Prequalification Score: 0 Minimum Required Score: 239 Reference Disqualification? Historv of the Business and Oroanizational Performance (16 questions) Passino Score = 57 1 Years in Business 1-3 years 2 Note: 4 years 3 5 years 4 6 years plus 5 7 Is your firm currently the debtor in a bankruptcy case? Yes 0 Note: No 3 8 Was your firm in bankruptcy any time during the last five years? Yes 0 Note: No 3 13 Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? Yes 0 Note: No 5 14 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? (project values 50K +) more than 2 projects 0 Note: 2 projects 3 none 5 15 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 project for any reason? Note: Yes 0 No 5 Possible Points Score Page 1 of 9 City of San Bernardino Contractor Prequalification Questionaire and Reference Scoring Project: Verdemont Fire Station #232 Bids Opened: Vendor: Date Scored: Questionnaire Number Maximum Possible Points 359 Prequalification Score: 0 Minimum Required Score: 239 Reference Disqualification? 16 In the last five years, has your firm been denied an award of a public works contract based on a finding that your company was not a responsible bidder? Yes 0 Note: No 5 17 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 arbitration? 3 years wi avg. gross < $50M 3 or more instances 0 2 instances 3 o or 1 instance 5 3 years wi avg. gross> $50M 5 or more instances 0 4 or 5 instances 3 o or 3 instance 5 18 In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? 3 years wi avg. gross < $50M 3 or more instances 0 2 instances 3 o or 1 instance 5 3 years wi avg. gross> $50M 5 or more instances 0 4 or 5 instances 3 o or 3 instance 5 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? 3 or more instances -5 2 instances 3 o or 1 instance 5 20 In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? 3 or more instances 0 Note: 2 instances 3 o or 1 instance 5 Possible Points Score Page 2 of 9 City of San Bernardino COlJtractor Prequalification Questionaire and Reference Scoring Project: Verdemont Fire Station #232 Bids Opened: Vendor: Date Scored: Questionnaire Number Maximum Possible Points 359 Prequalification Score: 0 Minimum Required Score: 239 Reference Disqualification? 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? Note: No 5 Yes -5 22 Has your firm, or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? Note: No 5 Yes -5 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? Note: No 5 Yes -5 25 If your firm was required 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 three 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. Percentage: 1.11% or more 0 0.00% 1.10% or less 3 1% 5 27 During the last five years, has your firm ever been denied bond credit 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? No 5 Yes 0 Possible Points Score Page 3 of 9 City of San Bernardino COfltractor Prequalification Questionaire and Reference Scoring Project: Verdemont Fire Station #232 Bids Opened: Vendor: Date Scored: Maximum Possible Points 359 Prequalification Score: 0 Minimum Required Score: 239 Reference Disqualification? Questionnaire Number Questions about compliance with safety,workers compensation, Possible Points Passing Score = Score nr"vailinn wan.. nd annr..nlir.....hin law"~ /11 n"\ 28 Has CAL OSHA cited and assessed penalties against the firm for any "serious," "willful" or "repeat" violations of its safety or health regulations? Appealed citations without Occupational Safety and Health Appeals Board rulings, do not need to be included by the Contractor. 3 years wi avg. gross < $50M 3 or more instances 0 2 instances 3 o or 1 instance 5 3 years wi avg. gross> $50M 5 or more instances 0 4 or 5 instances 3 o or 3 instance 5 29 Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? If yes, is a separate signed page describing each citation attached to package? 3 years wi avg. gross < $50M 3 or more instances 0 2 instances 3 o or 1 instance 5 3 years wi avg. gross> $50M 5 or more instances 0 4 or 5 instances 3 o or 3 instance 5 30 Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? Appealed citations with pending Board or court rulings do not need to be included by the Contractor. 3 years wi avg. gross < $50M 3 or more instances 0 2 instances 3 o or 1 instance 5 3 years wi avg. gross> $50M 5 or more instances 0 4 or 5 instances 3 o or 3 instance 5 38 Page 4 of 9 City of San Bernardino COr:Jtractor Prequalification Questionaire and Reference Scoring Project: Verdemont Fire Station #232 Bids Opened: Vendor: Date Scored: Maximum Possible Points 359 Prequalification Score: 0 Minimum Required Score: 239 Reference Disqualification? Questionnaire Number Possible Points Score 31 How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 1 or more per week 3 anything less 0 32 List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three premium years: An Experience Modification Rate is issued to firms annually by their workers' compensation insurance carrier. Current Year Previous Year Year prior to previous year Score of .95 or less 5 3 year EMR average of: between .95 & 1.0 3 any other score 0 33 Within the last five years, has there ever been a period when your firm had employees but was without workers' compensation insurance or state-approved self-insurance? 1 instance or 0 5 more than 1 0 34 Has there been more than one occasion during the last five years on 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 iaws? This does not pertain to sub-contractors 3 years wi avg. gross < $50M 3 or more instances 0 2 instances 3 o or 1 instance 5 3 years wi avg. gross> $50M 5 or more instances 0 4 or 5 instances 3 o or 3 instance 5 Page 5 of 9 City of San Bernardino C9':ltractor Prequalification Questionaire and Reference Scoring Project: Verdemont Fire Station #232 Bids Opened: Vendor: Date Scored: Questionnaire Number Maximum Possible Points 359 Prequalification Score: 0 Minimum Required Score: 239 Reference Disqualification? Possible Points Score 35 During the last five years, has there been more than one occasion on which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? 3 years wi avg. gross < $50M 3 or more instances 0 2 instances 3 o or 1 instance 5 3 years wi avg. gross> $50M 5 or more instances 0 4 or 5 instances 3 o or 3 instance 5 36 Provide the name, address and telephone number of the apprenticeship program sponsor(s) (approved by the California Division of Apprenticeship Standards) that will provide apprentices to your company for use on any public work project for which The City of San Bernardino awards you a contract. 1 approved program 5 anything less 0 37 Contractor operates its own State-approved apprenticeship program: 1 completed program 5 anything less 0 38 At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship iaws or regulations, or the laws pertaining to use of apprentices on public works? 3 years wi avg. gross < $50M 3 or more instances 0 2 instances 3 o or 1 instance 5 3 years wi avg. gross> $50M 5 or more instances 0 4 or 5 instances 3 o or 3 instance 5 Page 6 of 9 City of San Bernardino Cpl;ltractor Prequalification Questionaire and Reference Scoring Project: Verdemont Fire Station #232 Bids Opened: Vendor: Date Scored: Questionnaire Number Reference Projects Maximum Possible Points 359 Prequalification Score: 0 Minimum Required Score: 239 Reference Disqualification? Possible Score Points Passing Score = 144 Agency: Reference #1 : Project Name: Project Value: Contact: Question 1 Stop Orders, liens or claims? (Max -5 for 5 events) 2 Adequate personnel? 10 3 Adequate supervision? 10 4 Adequate equipment? 10 5 Timely contract paperwork or documentation? 10 6 Adhere to Project Schedule? 10 7 Was project completed on time? 10 8 Timely - time & cost estimates for Change Orders? 10 9 Change Order integration & performance? 10 10 Close-out documentation - warranties, manuals, etc. 10 11 Quantity of claims and resolution. 10 12 Timely payments to subcontractors & materials providers 10 13 Overall quality of work/project 10 Max Score 120 Score less than 55 disqualifies contractor Total: 0 Score of 55-71 interview third reference Score of 72 or greater is passing Notes: Page 7 of 9 City of San Bernardino Contractor Prequalification '"' " .. Questionaire and Reference Scoring Project: Verdemont Fire Station #232 Bids Opened: Vendor: Date Scored: Questionnaire Number Maximum Possible Points 359 Prequalification Score: 0 Minimum Required Score: 239 Reference Disqualification? Possible Points Score Reference Projects Agency: Reference #2: Project Name: Project Value: Contact: Question 1 Stop Orders, liens or claims? (Max -5 for 5 events) 2 Adequate personnel? 10 3 Adequate supervision? 10 4 Adequate equipment? 10 5 Timely contract paperwork or documentation? 10 6 Adhere to Project Schedule? 10 7 Was project completed on time? 10 8 Timely - time & cost estimates for Change Orders? 10 9 Change Order integration & performance? 10 10 Close-out documentation - warranties, manuals, etc. 10 11 Quantity of claims and resolution. 10 12 Timely payments to subcontractors & materials providers 10 13 Overall quality of work/project 10 M ax Score 120 Score less than 55 disqualifies contractor Total: 0 Score of 55-71 interview third reference Score of 72 or greater is passing Notes: Page 8 of 9 City of San Bernardino C~ntractor Prequalification .. ' , 411 Questionaire and Reference Scoring Project: Verdemont Fire Station #232 Bids Opened: Vendor: Date Scored: Maximum Possible Points 359 Prequalification Score: 0 Minimum Required Score: 239 Reference Disqualification? Questionnaire Number Reference Projects Possible Points Score Agency: Reference #3: Project Name: Project Value: Contact: Question 1 Stop Orders, liens or claims? (Max -5 for 5 events) 2 Adequate personnel? 10 3 Adequate supervision? 10 4 Adequate equipment? 10 5 Timely contract paperwork or documentation? 10 6 Adhere to Project Schedule? 10 7 Was project completed on time? 10 8 Timely - time & cost estimates for Change Orders? 10 9 Change Order integration & performance? 10 10 Close-out documentation - warranties, manuals, etc. 10 11 Quantity of claims and resolution. 10 12 Timely payments to subcontractors & materials providers 10 13 Overall quality of work/project 10 Max Score 120 Score less than 55 disqualifies contractor Total: 0 Score of 55-71 interview third reference Score of 72 or greater is passing Notes: Page 9 of 9 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Sharer, Director Subject: Authorization to execute Change Order No. One to contract with SCR Group, Inc. dba Southern California Roofing Company for roof repairs at Galaxy Gymnasium and to contract with Reycrest Roofing and Waterproofing Company for reroofing and roofing repairs to Hernandez Center and Galaxy Community Center. Dept: Facilities Management Date: October 28, 2003 M/CC Meeting Date: November 17, 2003 Synopsis of Previous Council Action: 7 -21-03 2003-199 Resolution authorizing the execution of a contract and issuance of a purchase order to SCR Group, Inc. dba Southern California Roofing Company for reroofing and roof repairs to Delmann Heights Center and Galaxy Gymnasium, and authorizing a contract and issuance of a purchase order to Reycrest Roofing and Waterproofing Company for reroofing and roof repairs to Hernandez Center and Galaxy Community Center. Recommended Motion: That the Purchasing Manager be authorized to execute Change Order No. One to contract with SCR Group, Inc. dba Southern California Roofing Company for roof repairs at Galaxy Gymnasium in the amount of $3,302.00 and to contract with Reycrest Roofing and Waterproofing Company for reroofing and roofing repairs to Hernandez Center and Galaxy Community C~:aOf $ I 3 O. James W. Sharer Director of Facilities Mana ement Contact person: James Sharer Phone: 384-5244 Supporting data attached: Staff Report Ward(s): 1,6 FUNDING REQUIREMENTS: Amount: $15,614.00 Source: : 243-363-5504-7355 Barbara Pachon Director of Finance Council Notes: Agenda Item No. /.s- 1/117 I 03 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Authorization to execute Change Order No. One to contract with SCR Group Inc. dba Southern California Roofing Company for roof repairs at Galaxy Gymnasium, and with Reycrest Roofing and Waterproofing Company for reroofing and roofing repairs to Hernandez Center and Galaxy Community Center. BACKGROUND On July 21, 2003, contracts were issued to SCR Group, Inc. dba Southern California Roofing Company, in the amount of $282,500, and to Reycrest Roofing and Waterproofing Company in the amount of $235,425, for the reroofing of the Galaxy Gymnasium, Hernandez Center and Galaxy Community Center. After the start of these projects, it became apparent that certain changes were necessary to provide a fully functional, safe roofing system. These changes were not identified prior to the start of construction and are described in detail in the attached change order. FINANCIAL IMPACT For FY 2003/04, this project is funded in the Parks Construction Fund, Account No. 243-363- 5504-7355 in the amount of $550,000, using Park Construction Funds and Prop. 12 Per Capita Bond Program funds. The initial contracts were for $282,500 and $235,425, which left a contingency budget of $32,575. This change order authorizes the use of $15,614.00 of that contingency budget. RECOMMENDATION That the Purchasing Manager be authorized to execute Change Order No. One to contract with SCR Group, Inc. dba Southern California Roofing Company for roof repairs at Galaxy Gymnasium in the amount of $3,302.00 and to contract with Reycrest Roofing and Waterproofing Company for reroofing and roofing repairs to Hernandez Center and Galaxy Community Center in the amount of$12,312.00. 300 North "0" Street. San Bernardino' CA 92418-000 I www.ci.san-bernardino.ca.us SI.1 CONTRACT CHANGE ORDER NO. ONE DATE: November 17, 2003 PROJECT: Multj Facility Reroofing Project - R FQ #F -03-025 TO: SCR Group, Iuc. dba Soutbun California Roofing Company 9623 Imperial Highw~y Downey, CA 90242 Gentlemen: You are hereby compensated for perlolTn.;.ng the additional work as follows: Item Description of Change I-I Remove and replace crickets - Gal~xy Gymnasium Cost $3,302.00 Total $3,302.00 Justification: Item No. I-I Remove and replace crickets- Galaxy Gymnasium On the roof section above the gymnasium, the existing foam roofing had allowed water to infiltrate into the Perlite crickets. Thc crickets are designed to direct water flow on the roof parapets to the drains. Over time this infiltration turned the Perlite material to the structural consistency of sand. Southern California Roofing removed and disposed of all of the existing Perlite crickets on the upper roof above the gymnasium. In its place new ISO Q panel crickets were installed. Staff feels this is a reasonable cost for the work involved. Summarv of Contract Costs The estimated revised contract cost is as follows: Original Contract amount Contract Change Order No. One Revised Construction Contract cost $282,500.00 $ 3,302.00 $285,802.00 The increase represents 1.2% of the original contract price and is well within the contingency amount approved by the Mayor and Common Council at their meeting of July 21, 2003 per Resolution No. 2003-199. SCR Group, Inc. dba Southern California Roofing Company Accepted City of San Bernardino Purchasing Division Approved By: By: Title: Date: Date Approved by Mayor and Common Council Date: November 17, 2003 Item No. 300 North "D" Street. San Bernardino' CA 92418-0001 www.ci.san-bernardino.ca.us SM CONTRACT CHANGE ORDER NO. ONE DATE: November 17, 2003 PROJECT: Multi Facility Reroofing Project - RFQ #F-03-025 TO: Reycrest Roofing and Waterproofing Company 3065 Verdugo Road Los Angeles, CA 90065 Gentlemen: You are hereby compensated for performing the additional work as follows: Item 1-1 1-2 1-3 Description of Change Remove and replace decorative Mansard Roof - Galaxy Center Add sheet metal coping to upper roof - Galaxy Center Replace two sheets of plywood Decking - Hernandez Center Total Cost $9,485.00 $2,635.00 $ 192.00 $12,312.00 Justification: Item No. I-I Remove and replace decorative Mansard Roof - Galaxy Center During the removal of the existing roofing materials over the entry canopy, mechanical space, and lower roof over the ballroom it was discovered that over the course of a number of years water had been infiltrating into the substrate between the mansard detail and the eaves. Over time this caused the development of dry rot in the plywood substrate, the fascia board, and the solid 5"x 6" fascia backing. The change order is to remove and replace the entire mansard roof detail. Staff feels this is a reasonable cost for the work involved. Item No. 1-2 Add sheet metal coping to upper roof - Galaxy Center Reycrest Roofing furnished and installed new 24-gauge sheet metal coping to cover the entire perimeter parapet of the "upper roof' (approximately 350') where sloped metal mansard roof meets parapet wall. The installation of the coping detail at the top of the parapet will stop water from infiltrating from the top of the mansard parapet. Without the remedy the watertight integrity of the facility along the Mansard and cantilevered roofing details would continue to be compromised due to the design and installation of the original roofing system. Staff feels this is a reasonable cost for the work involved. Item No. 1-3 Replace two sheets of plywood Decking - Hernandez Center As directed by the City of San Bernardino Building Inspector, Reycrest Roofing replaced two (2) 4' x 8' sections of CDX plywood decking per project specifications, on the lower southern section offacility. As part of the project scope, it was anticipated that the removal and replacement of rotted or damaged metal deck or plywood substrate would be required. A cost per square foot line item for removal and replacement was included in the request for bid documentation. Staff feels this is a reasonable cost for the work involved. Summarv of Contract Costs The estimated revised contract cost is as follows: Original Contract amount Contract Change Order No. One Revised Construction Contract cost $235,425.00 $ 12,312.00 $247,737.00 The increase represents 5.3% of the original contract price and is well within the contingency amount approved by the Mayor and Common Council at their meeting of July 21,2003 per Resolution No. 2003-199. Reycrest Roofing and Waterproofing Company Accepted City of San Bernardino Purchasing Division Approved By: By: Title: Date: Date Approved by Mayor and Common Council Date: November 17,2003 Item No.