HomeMy WebLinkAbout14-Facilities Management
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Sharer, Director
Subject:
Resolution to adopt Contractor Prequalification Procedures
for bidders for the construction of Fire Station #232.
Dept: Facilities Management
Date: November 3, 2003
ORIGINAL
MICC Meetin2 Date:
November 17, 2003
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution.
Contact person: James Sharer
ames W. Sharer
Director of Facilities Mana ement
Phone: 384-5244
Supporting data attached: Staff Report, Resolution
Ward(s):
5
FUNDING REQUIREMENTS: Amount:
Source: :
Barbara Pachon
Director of Finance
Council Notes:
y"C-~O?7 e<:l.3.-Z- '1 ~
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution to adopt Contractor Prequalification Procedures for bidders for the construction of
Fire Station #232.
BACKGROUND
Authorization to submit a loan application to the California Infrastructure Economic
Development Bank to fund the Verdemont Fire Station was approved by Mayor and Council on
September 2, 2003. It was originally anticipated that the loan amount would be $2 Million.
However, the construction bids came in well over $2 Million. Although the bids were rejected, it
is likely that the new bids will exceed $2 Million. CIEDB requires that a pre-qualification
procedure (as approved by CIEDB) be used for loan amounts exceeding $2 Million.
The background and procedures for contractor prequalification are as follows:
In 1999, the Legislature enacted a law that allows many public agencies to require licensed
contractors that wish to bid for public work jobs to "prequalify" for the right to bid on a specific
public works project, or on public works projects undertaken by a public agency during a
specific period of time. Public Contract Code section 2010 I has the relevant provisions; it was
enacted as part of Assembly Bill 574.
The law applies to all cities, counties and special districts. The law does not require any public
agency to adopt a prequalification system. Instead it authorizes them to do so. The law requires
every public agency that creates either kind of prequalification procedure to:
I. Use a standardized questionaire and financial statement in a form specified by the
public entity (section 20101 [a]);
2. Adopt and apply a uniform system of rating bidders on objective criteria, on the basis
of the completed questionaire and financial statements (section 20101 [b]);
3. Create an appeal procedure, by which a contractor that is denied prequalification may
seek a reversal of that determination. (section 20101 [d]).
Attached are an updated schedule for the Fire Station project and prequalification procedures
that comply with the model developed by the Department of Industrial Relations, as required
under Assembly Bill 574.
FINANCIAL IMPACT
None
RECOMMENDATION
Adopt Resolution.
.
November 4, 2003
City of San Bernardino
Facilities Management
Fire Station No. 232
Pre-qualification, Re-bid, Construction, & Close-out
Revised Project Schedule
TASK
BEGIN
ENDIDATE DUE
1. Contractor Pre-Qualification November 17, 2003 January 29, 2004
Concurrent wi construction bidding
A. Pre-Qualification Due 35 days prior" December 15, 2003
B. Evaluations to Appeal Panel 30 days prior December 22, 2003
C. Contractors notified 25 days prior December 30, 2003
D. Contractors appeals window closes 10 days prior January 21, 2004
E. Appeals Panel hearing 5 days prior January 28, 2004
F. Appeals Panel decision 4 day prior January 29, 2004
2. Construction Re-bidding November 17, 2003 February 4, 2004
A. Pre-bid Meeting December 1, 2003
B. Bid opening February 4, 2004
C. Bid Review February 23, 2004
D. Council Award (2nd mtg. Jan./04) March 1. 2004
E. Issue Notice to Proceed March 2, 2004
F. Ground Breaking March 4, 2004
3. Construction
A. Construction (300 calendar days) March 2, 2004 December 24, 2004
4. Facility Commissioning
B. Punch List/Start Up December 1, 2004 December 24, 2004
"Represents number of business days prior to construction contract bid opening.
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1 RESOLUTIO~~r
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 MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. 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 20 1 0 1. The Contractor Prequalification Procedures, attached and incorporated
herein as Exhibits 1 through 7, consist of the following documents:
1. Request For Prequalification of Bidders For the Construction of Fire Station
#232.
2. Contractor Prequalification Questionnaire.
3. A List of the Scorable Questions and the Scoring Instructions.
4. Contractor Reference Interview Procedure.
5. Sources For Verification ofInformation Given By Contractors.
6. Contractor Prequalification Appeal Process.
7. City of San Bernardino Contractor Prequalification Questionnaire and
Reference Scoring.
HElcj[FireSlation232.ResoJ
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
2 CITY OF SAN BERNARDINO ADOPTINGCONTRACTORPREQUALIFICATION
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
Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
5
of
, 2003, by the following vote, to wit:
6
7
COUNCIL MEMBERS: AYES
8
ESTRADA
9
LONGVILLE
10
MCGINNIS
11
DERRY
12
SUAREZ
13
ANDERSON
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MC CAMMACK
15
16
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NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
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The foregoing Resolution is hereby approved this _ day of
,2003.
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JUDITH VALLES,
Mayor of the City of San Bernardino
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Approved as to form
24 and legal content:
25
JAMES F. PENMAN
26 City Attorney
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HEicj[FireStation232.Reso] 2
e CITY OF SAN BERNARDINO
CONTRACTOR PRE QUALIFICATION
Procedures
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REQUEST FOR
PRE-QUALIFICATION OF BIDDERS
FOR THE CONSTRUCTION OF
FIRE STATION #232
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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
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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
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responsibility to hear such appeals (the "Appeals Panel"). At or prior to the hearing, the
Contractor will be advised of the basis for the City's pre-qualification detennination. The
Contractor will be given the opportunity to present infonnation 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 infonnation or
(2) Falsification of infonnation
*****
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:
o The qualification of subcontractors in the following crafts or trades,
following acceptance of your bid, but before the award is made:
o
o
o
Pre-qualification of all subcontractors.
Pre-qualification of subcontractors in certain crafts.
Post-bid qualification review.
e City of San Bernardino
Contractor Prequalification
Procedures
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CONTRACTOR
PRE QUALIFICA TION
QUESTIONNAIRE
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CONTRACTOR PREQUALIFICA TION QUESTIONNAIRE
As enacted into law by the State of California 1999 Legislature as part of Assembly Bill 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.
AB 574 required the State Department of Industrial 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 10 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 20101[d].
e The contractor prequalification questionnaire is broken into four (4) sections:
Section I Contact information. Essential Requirements. Organization Historv
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Section II Historv of the business and organizational performance;
Section III Compliance with occupational safety and health laws. workers'
compensation and other labor legislation; and
Section IV Completion of recent proiects 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.
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AB 574 provides that "The questionnaires and fmancial statements shall not be public records and
shall not be open to public inspection; however, records of the names of contractors applying for
prequalification status shall be public records subject to disclosure" under the Public Records Act.
(Section 20101 [a]). 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: 0 Corporation
o Partnership
o Sole Prop.
Contact Person:
Address:
Phone:
Fax:
If firm is a sole proprietor or partnership:
Owne~s)ofCompany
Contractor's License Number(s):
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ESSENTIAL REQUIREMENTS FOR QUALIFICATION
Contractor will be immediately disqualified if the answer to any of questions 1 through
5 is "no."l
Contractor will be immediately disqualified if the answer to any of questions 6, 7, 8 or
9 is "yes.,,2 If the answer to question 8 is "yes," and if debarment would be the sole
reason for denial of pre-qualification, any pre-qualification issued will exclude the
debarment period.
1. Contractor possesses a valid and current California Contractor's license for the project or
projects for which it intends to submit a bid.
DYes
o 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
o 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
o No 0 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
o 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 wiD
be considered as supplemental information only, and is not a substitute for the
required financial statement.
5. Have you attached a notarized statement from an admitted surety insurer (approved by the
California 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
1 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.
J Public Contract Code section 201 Ol(e) exempts from this requirement a contractor who has qualified as a
small business pursuant to Government Code section 14837(d)(I), if the bid is "no more than 25 per cent of the
qualifying amount provided in section 14837(d)(I)." As of January I, 2001, the qualifying amount is $10 million,
and 25 per cent of that amount, therefore, is $2.5 million.
Page 40f20
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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?'
DYes
o 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
o 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
o No
8.
At the time of submitting this pre-qualification form, is your firm ineligible to bid on or be
awarded a public works contract, or perform as a subcontractor on a public works contract,
pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7?
DYes 0 No
If the answer is "Yes," state the begiiming and ending dates of the period of debarment:
9.
At any time during the last five years, has your firm, or any of its owners or officers been
convicted of a crime involving the awarding of a contract of a government construction
project, or the bidding or performance of a government contract?
DYes 0 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
e 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 often 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
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For Firms That Are Partnerships:
la. Date offormation:
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 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
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For Firms That Are Sole Proprietorships:
la. Date of commencement of business.
1 b. Social security number of company owner.
1 c. IdentifY every construction firm that the business owner has been associated with (as owner,
general partner, limited partner or officer) at any time during the last five years.
NOTE: For this question, "owner" and "partner" refer to ownership often per cent or
more of the business, or ten per cent or more of its stock, if the business is a
corporation.
Dates of Person's Participation
Person's Name Construction Comnanv with Comnanv
e For Firms That Intend to Make a Bid as Part of a Joint Venture:
1 a. Date of commencement of joint venture.
1 b. Provide al1 of the fol1owing information for each firm that is a member of the joint venture
that expects to bid on one or more projects:
Name offirm
% 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
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Has there been any change in ownership of the finn 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 finn a subsidiary, parent, holding company or affiliate of another construction finn?
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 finns.
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 finn'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 finn 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 finn 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
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If "yes," please attach a copy of the bankruptcy petition, showing the case number and
the date on which the petition was filed, and a copy of the Bankruptcy Court's discharge
order, or of any other document that ended the case, if no discharge order was issued.
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.
11.
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?
DisDutes
14.
DYes
D No
If "yes," please explain on a separate signed sheet.
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
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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 govermnent 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 Ic 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.
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?
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 all disputes
about amounts of less than $50,000.
17. In the past five years has any claim ae:ainst your firm concerning your firm's work on a
construction project been filed in court or arbitration?
DYes
DNo
If "yes," on separate signed sheets of paper identify the claim(s) by providing the project
name, date of the claim, name of the claimant, a brief description of the nature of the
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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
o 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
o 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
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If "yes," explain on a separate signed page, including identifying who was involved, the
name of the public agency, the date of the investigation and the grounds for the finding.
22.
Has your finn or any of its owners, officers or partners ever been convicted of a crime
involving any federal, state, or local law related to construction?
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 finn 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 finn was required to pay a premium of more than one per cent for a perfonnance
and payment bond on any project(s) on which your finn worked at any time during the
last three years, state the percentage that your finn 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 finn during
the last five years, including the dates during which each wrote the bonds:
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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
o 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 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
o 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 there is a court appeal pending, you need not include
information about the citation.
DYes
o 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.
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DYes
o 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
o 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?
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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 IS 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 I,
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
o 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:
_1.
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:
_
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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:
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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):
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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:
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*.*.*
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 Perfonned:
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 infonnation 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)
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e City of San Bernardino
Contractor Prequalification
Procedures
e
A LIST OF THE SCORABLE
QUESTIONS AND THE SCORING
INSTRUCTIONS
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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 safetv and health laws. workers' compensation and
other labor legislation; and
(III) Completion of recent proiects and Qualitv 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 of the
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 safelY 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 Qualitv 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
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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 of the 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.
Questions about History of the Business and Qr2anizational Performance
(J 6 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
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.
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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 Ic or Id on this form.
DYes 0 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?
DYes 0 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 fIled in court or arbitration?
DYes 0 No
lfthefirm's average gross revenue 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 revenue 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.
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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 0 No
If your jirm '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 I such instance.
3 points for "Yes" indicating 1 such instances.
o points for "Yes" ifmore than 1 such instances.
/fyour jirm'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 1,1, 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 0 No
5 points for either "No" or "Yes" indicating I such claim.
3 points for "Yes" indicating no more than 1 such claims
Subtract jive points for "Yes" ifmore than 1 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 0 No
5 points for either "No" or "Yes" indicating I such instance.
3 points for "Yes" indicating 1 such instances.
o points for "Yes" or if more than 1 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 0 No
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_22.
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No = 5 points Yes = subtract 5 points
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 0 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 0 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 0 No
No = 5 points Yes = 0 points
Questions about compliance with safety, workers compensation,
prevailing wage and apprenticeship laws.
(11 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 0 No
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30.
If the 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 the firm's average gross revenues for the last three years was more than $50 mil/ion,
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.
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 titation 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.
If the 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" 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.
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 titation.
DYes D No
If the firm's average gross revenues for the last three years was less than $50 mil/ion,
scoring is as follows:
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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 asfol/ows:
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 but 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 0 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 0 No
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_
_
_37.
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.
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.
If your 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 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 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 asfollows:
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.
If your firm operates its own State-approved apprenticeship program:
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(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 if no 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 1 or 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 asfollows:
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.
Questions concerning recent construction projects completed:
(one question, plus II interview questions)
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The following question to be scored onlv where a public agency is undertaking a pre-
qualification procedure valid for a single oroiect onlv.
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.
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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.
DIR 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 of 12
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City of San Bernardino
Contractor Prequalification
Procedures
CONTRACTOR REFERENCE
INTERVIEW PROCEDURE
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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
proiect 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,
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completion date, and other pertinent information to ensure that the project
manager is sure of the project he/she is asked to review.
Interview Length:
(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? (1 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)
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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 delav 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 of turning 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)
e CITY OF SAN BERNARDINO
CONTRACTOR PREQUALIFICATION
PROCEDURES
e
SOURCES FOR VERIFICATION
OF INFORMATION GIVEN
BY CONTRACTORS
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Pag.tors
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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 providedfor 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 1, 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
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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.insurance.ca.gov
Information on disqualification from biddinl! 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-ld, 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-ld,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
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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" ~ublic Access to Court Electronic 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" ~ublic Access to
Court Electronic 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 4 ofS
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Information about citations issued for violation of
industrial safetv and health laws
(Part II, questions 28 and 29)
Infonnation 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 infonnation 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 prevailinl! wal!e law violations
(part II, question 34)
Infonnation 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 infonnation is enclosed.
Citations from either Air Oualitv or Water Oualitv Board
for violations of rel!ulations
(part II, question 30)
Infonnation 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 infonnation about how to
gather appropriate infonnation.
Information about state-approved apprenticeship plans
and violations ofstate apprenticeship laws
(Part II, questions 36-38)
Infonnation 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 5 of5
e CITY OF SAN BERNARDINO
CONTRACTOR PREQUALIFICATION
PROCEDURES
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CONTRACTOR
PRE QUALIFICATION
ApPEAL PROCESS
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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 20 I 0 I [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)
2)
3)
4)
Mike Grubbs, Development Services City Engineer
James W. Sharer, Director of Facilities Management
David Taylor, Facilities Management Project Manager
Mike Wolff, Development Services Project Manager
City Attorney Staff
5) Henry Empeno Jr.
PROCEDURES:
Step
A.
Activity
The City of San Bernardino receives approval from the Mayor and Common
Council to prequalify potential contracting firms for the project.
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.
Interested contractors obtain the RFP package either by downloading from City
website or physically picking up from Development Services.
B.
C.
Page 2 of5
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D.
Interested contractor(s) fills out all of the sections of the prequalification
questionnaire fonns and attaches all of the necessary supporting documentation.
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.
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.
PM fills out the header infonnation on the electronic "Questionnaire and
Reference" scoring worksheet.
H. The PM evaluates the answers provided and perfonns 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.
E.
F.
G.
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.
Did Contractor have an average reference interview score of
between 56 and 71?
1.3
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1.4
Yes - PM interviews a third reference, Return to Step 1.1.
Did contractor have a worksheet total score greater than 238?
Yes - Proceed to Step J.
No - The contractor is disqualified. Proceed to Step J.
1. 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.
Prior to being within 30 business days of the 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.
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.l.
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 of the 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.
K.
L.
M.
End of Procedure
Yes - Proceed to Step O.
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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.
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).
P.
End of Pre qualification Appeals Procedures.
Page 50f5
City of San Bernardino
Contractor Prequalification
Questionaire and Reference Scoring
_prOject:
Vendor:
Verdemont Fire Station #232
Bids Opened:
Date Scored:
Questionnaire
Number
Maximum Possible Points 359
Prequalification Score: 0
Minimum Required Score: 239
Reference Disqualification?
Historv of the Business and Oraanizational Performance/16 lJuestions) Passinll 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:
Vendor:
Verdemont Fire Station #232
Bids Opened:
Date Scored:
Questionnaire
Number
16
Maximum Possible Points 359
Prequallfication Score: 0
Minimum Required Score: 239
Reference Disqualification?
Possible
Points
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
Nct~ ~ 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
2 instances
o or 1 instance
5 or more instances
4 or 5 instances
o or 3 instance
3 years wi avg. gross> $50M
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
2 instances
o or 1 instance
5 or more instances
4 or 5 instances
o or 3 instance
3 years wi avg. gross> $50M
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
Note: 2 instances
o or 1 instance
Page 2 of 9
Score
o
3
5
o
3
5
o
3
5
o
3
5
o
3
5
City of San Bernardino
Contractor Prequalification
Questionaire and Reference Scoring
_prOject:
Vendor:
Questionnaire
Number
Verdemont Fire Station #232
Bids Opened:
Date Scored:
Maximum Possible Points 359
Prequalification Score: 0
Minimum Required Score: 239
Reference Disqualification?
Possible
Points
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
Yes
5
-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
Yes
5
-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
Yes
5
-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
1.10% or less
1%
o
3
5
0.00%
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
Yes
5
o
Page 3 of 9
Score
City of San Bernardino
Contractor Prequalification
Questionaire and Reference Scoring
e Project:
Vendor:
Verdemont Fire Station #232
Bids Opened:
Date Scored:
Maximum Possible Points 359
Prequalification Score: 0
Minimum Required Score: 239
Reference Disqualification?
Questionnaire
Number
Questions about compliance with safety,workers compensation,
n r' i I w i
Possible
Points
Passing Score =
Score
38
28 Has CAL OSHA cited and assessed penalties against the firm for
any "serious," "willful" or "repeal" 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
2 instances
o or 1 instance
5 or more instances
4 or 5 instances
o or 3 instance
3 years wi avg. gross> $50M
29 Has the federal Occupational Safety and Health Administration
cited and assessed penalties against your firm in the past five years?
o
3
5
o
3
5
If yes, is a separate signed page describing each citation attached to package?
3 years wi avg. gross < $50M
3 or more instances
2 instances
o or 1 instance
5 or more instances
4 or 5 instances
o or 3 instance
o
3
5
o
3
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?
e
3 years wi avg. gross> $50M
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
2 instances
o or 1 instance
5 or more instances
4 or 5 instances
o or 3 instance
3 years wi avg. gross> $50M
Page 4 of 9
o
3
5
o
3
5
City of San Bernardino
Contractor Prequalification
Questionaire and Reference Scoring
ePrOject:
Vendor:
Verdemont Fire Station #232
Bids Opened:
Date Scored:
Questionnaire
Number
Maximum Possible Points 359
Prequallflcatlon Score: 0
Minimum Required Score: 239
Reference Disqualification?
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.
e 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 laws?
This does not pertain to sub-contractors
3 years wi avg. gross < $50M 3 or more instances 0
2 instances 3
e 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
Possible
Points
Score
Page 5 of 9
City of San Bernardino
Contractor Prequalification
Questionaire and Reference Scoring
_ Project:
Vendor:
Verdemont Fire Station #232
Bids Opened:
Date Scored:
Maximum Possible Points 359
Prequalification Score: 0
Minimum Required Score: 239
Reference Disqualification?
Questionnaire
Number
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 laws or
regulations, or the laws pertaining to use of apprentices on pubiic 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
Contractor Prequalification
Questionaire and Reference Scoring
e Project:
Vendor:
Verdemont Fire Station #232
Bids Opened:
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
e 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
e Project:
Vendor:
Verdemont Fire Station #232
Bids Opened:
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
e 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 8 of 9
City of San Bernardino
Cl.'ntractor Prequalification
Questionaire and Reference Scoring
e Project:
Vendor:
Verdemon! Fire Station #232
Bids Opened:
Date Scored:
Questionnaire
Number
Reference Projects
Maximum Possible Points 359
Prequalification Score: 0
Minimum Required Score: 239
Reference Disqualification?
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
e 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
1
~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
/1- II-cr<..
Item #
\4\
Resolution # 7 ()G3~ 2 '1 S
Vote:
Ayes '-'/
Nays .fa-
Abstain .B--
Absea.e
Change to motion to amend original documents: -
Reso. # On Attachments:.- Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: -
By:
Date Sent to Mayor: 1\- \ 'is' -02,
Date of Mayor's Signature: 11- W .~
Date ofClerk/CDC Signature: i \-"70.0",\
---
Reso. Log Updated:
Seal Impressed: v'"
Date emo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
e Attached:
See Attached:
Date Returned:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes V No By
Yes No ./' By
Yes No i./" By
Yes No t/ By
Yes No /By'
-
Copies Distributed to:
./"
City Attorney
Parks & Rec.
Code Compliance Dev. Services / EDA
Police Public Services Water
Finance
MIS
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: _
Date:
Revised 01/12/01