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HomeMy WebLinkAbout07 GENERAL CONTRACTORS FOR TUSTIN FIRE STATION #37 PROJECT• A enda Item ~ AGENDA REPORT Reviewed City Manager Finance Director N A MEETING DATE: OCTOBER 4, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: CITY MANAGER'S OFFICE AND PUBLIC WORKS DEPARTMENT SUBJECT: APPROVAL OF PRE-QUALIFIED GENERAL CONTRACTORS FOR CONSTRUCTION OF THE TUSTIN FIRE STATION #37 PROJECT SUMMARY The general contractors for construction of Tustin Fire Station #37 have been pre-qualified and are ready to be approved as eligible to bid the project. RECOMMENDATION It is recommended that the City Council approve the eligible pre-qualified general contractors as identified to bid the construction of the Tustin Fire Station #37 Project. FISCAL IMPACT There is no fiscal impact associated with this action. DISCUSSION Pursuant to Public Contract Code 20101, on July 19, 2011 the City Council approved apre- qualification package for general contractors, utilizing apre-qualification process modeled after the California Department of Industrial Relations guidelines, for construction of the Tustin Fire Station #37. The pre-qualification procedure was selected for the construction of the Tustin Fire Station #37 project due to the very specialized nature of construction, the need to comply with the State Health and Safety and Building Code requirements for "Essential Services" buildings, and the desire to achieve a USGBC LEED certified project. The City Council approved pre-qualification questionnaire is attached for reference, including Addendum No.1 issued on July 27, 2011 reducing the comparable project contract value from $4,000,000 to $3,000,000. The new Fire Station Facility will include a single story wood-framed structure of approximately 9.400 square feet with three apparatus bays, office facilities for two companies, and living space for crew of eight firefighters. The pre-qualification questionnaire consisted of three (3) parts: Part I -Essential Requirements for Qualification, Part II -Organization, History, Organizational Performance, Compliance with Civil and Criminal Laws and, Part III -Recent Construction Projects Completed. Each of the above Parts included numerical, scorable questions as well as a series of "yes" and "no" questions. In Part I the criteria indicates that a contractor will be immediately disqualified if the answer to any of the questions #1 through #5 or #11 is "no". The majority of contractors successfully completed the scorable questions in the pre-qualification package. However, Part III included a requirement (Item #39) to provide information about Pre-qualified Contractors for Fire Station #37 October 4, 2011 Page 2 completed projects and comparable projects, which a vast majority of the contractors did not provide the required minimum information. Specifically, Item #39 required a contractor to provide information about its six (6) public works projects and its three (3) most comparable private projects all of which it has successfully completed within the last four (4) years. At least six (6) of the projects identified by respondents had to be in California, comparable in scope and quality with the Project, and with a contract value of at least $3,000.000. Comparable projects had to include at a minimum complete shell, core, complete interior buildout, and complete site development. At least one (1) of the projects identified by respondents had to be designed and constructed in compliance with one (1) of the following: Essential Facility as defined in Chapter 2 of the State of California Health and Safety Code, California Office of Statewide Health Planning and Development (OSHPD), or California Department of State Architect. In addition, at least one of the projects identified by respondents had to be LEED Certified by the United Stated Green Building Council (USGBC), since the City the Tustin Legacy Fire Stations is proposed as a LEED building. Whether a respondent was determined pre-qualified was based upon scores achieved by assigning point values to completed responses in the three (3) parts described above, and complete, affirmative responses to the "yes" and "no" questions. A passing score in Part I was 57 out of 76 possible points, Part II was 38 out of 53 possible points, and Part III was 80 out of a possible 100 points. On August 18, 2011, the City received submittals under the pre-qualification process from seventeen (17) general contractors for this project. As a result of review of the stipulated essential requirements for qualification and analysis completed by Griffin Structures and City staff, it has been determined that five (5) of the seventeen (17) general contractors have successfully met the minimum requirements of pre-qualification for this project, and will be eligible to bid when this project is advertised for bid. The list of the eligible pre-qualified general contractors is as follows: • AMG & Associates • Bayley Construction • Erickson-Hall Construction Company • Jaynes Corporation of California • Swinerton Builders As identified in the original Request for Pre-Qualification, the pre-qualification packages (respondent questionnaire answers and financial statements) submitted by prospective contractors are not public records and are not open to public inspection. All information provided is 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 an appeal hearing. State law requires that names of contractors applying for pre-qualification status shall be public record subject to disclosure, and the first page of the questionnaire is used for that purpose. A list of those general contractors that were not determined qualified based on the adopted Request for Pre-Quali ication are also attached. Christine Shingleton Assistant City Manager Do~gl~s S. Stack Dir ctdr of Public Works/City Engineer Attachment A City Council Approved Pre-Qualification QuesSonnaire Attachment B List of Contractors Not Determined Qualified S \City Council Items\2011 Council Items\Approval Of Pre-Qualifed General Contractors For Fire Station #37 Project docx Attachment A Department of I'uhlic Works I )~nihlas S Stack, I' ~. l)ircctc~r July 27, 2011 TO: PROSPECTIVE PREQUALIFICATION APPLICANTS SUBJECT: ADDENDUM NO. 1 - TUSTIN LEGACY FIRE STATION NO. 37, FACILITY CONSTRUCTION PROJECT (CIP NO. 10048) The following changes are hereby made to the Request for Pre-qualification of Bidders. Each applicant shall include a signed copy of this Addendum with his/her application package. Failure to do so may cause the application to be disqualified. Revise question 11 to read as follows: 11. Contractor has provided information about its six public works projects and its three most comparable private projects all of which it has successfully completed within the last four years. At least six of the projects submitted must be in California, comparable in scope and quality with the Project, and have had a contract value of at least $4;09~~99 $3,000,000. Comparable projects will have at a minimum included complete shell, core, complete interior buildout, and complete site development. At least one of the projects submitted must have been designed and constructed in compliance with one of the following: Essential Facility as defined in Chapter 2 of the State of California Health and Safety Code California OSHPD California Department of State Architect In addition, at least one of the projects submitted must have been LEED Certified by the USGBC. ^ Yes ^ No Revise question 39 to read as follows: 39. Contractor shall provide information about its six public works projects and its three most comparable private projects all of which it has successfully completed within the last four years. At least six of the projects submitted must be in California, comparable in scope and quality with the Project, and have had a 3(N1 Centennial W~av. TutiUn (.A ~)'? ~ X11 • l~. ~ ~ 1 # ~ 5~~-3 I ~U • I~ ~ ~ 1 ~ ~ ~ 3-1-`~~)~) ~ • ~~~~~~~~~_tutitin~;~ ~~r~ Addendum No. 1 Tustin Legacy Fire Station No. 37 July 27, 2011 Page 2 contract value of at least $4,999;999$3,000,000. Comparable projects will have at a minimum included complete shell, core, complete interior buildout, and complete site development. At least one of the projects submitted must have been designed and constructed in compliance with one of the following: Essential Facility as defined in Chapter 2 of the State of California Health and Safety Code California OSHPD California Department of State Architect In addition, at least one of the projects submitted must have been LEED Certified by the USGBC. This addendum consists of two (2) pages. Very truly yours, ~~' Doug Anderson Transportation and Development Services Manager Receipt of this Addendum is hereby acknowledged. Signed: Bidders Name: Date: S:'.CIP Projects -Active\10048 -Legacy Fire Station\Bid Process -Contract Approval\Pre-Qualification ProcessWddendum 1 docx REQC;EST FOR PRE-QL''.-~LIFIC~TIO\ OF BIDDERS COM~IENCI\G WITH FORTHCO:~~IING PUBLIC WORK BID PROJECT DESCRIPTION The City of Tustin intends to contract for the constriction of a new fire station to replace existing OCFA Fire Station 37 which is currently located at 14901 Red Hill Avenue. The new station is to be located on a presently undeveloped 1.25 acre parcel owned by the City at 1501 1 Kensington Park Drive. The new Fire Station Facility will include a single story wood-framed structure of approximately 0,400 square feet with three apparatus bays, office facilities for two companies, and living space for a crew of ei~~ht tiretighters. The new Fire Station Facility will be an "Essential Facility," as defined in Chapter 2 of State of California Health and Safety Code and a USGBC LEED Certified building. The ne~ti~ Fire Station Facility will include a new building, parking areas, driveways, on-site sidewalks, walls and fences, landscaping, water, sewer, gas and electrical utilities, pipelines, transmission lines and facilities, above ground covered Biel storage tanks with diesel dispensing pumps, emergency electrical power generator, building equipment, ancillary and incidental tixtures, structures, and improvements necessary to provide an operational Fire Station Facility. Also included will be all alerting and emergency communications systems as required by OCFA and County of Orange 91 1 system. Site development will include all necessary offsite improvements including curb cuts for driveways, sidewalk and paving repairs, street re-striping, and utility connections. Trattic signal modifications will be designed and constricted by City of Tustin. NOTICE Notice is hereby given that the City of Tustin has determined that all bidders on the TUSTIN FIRE STATION 37 to be undertaken by the City of Tustin must be pre-qualified prior to submitting a bid on the TUST[N FIRE STATION 37 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 of Tustin to be on the final qualified Bidders list. No bid will be accepted from a Contractor that has tailed 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 tally completed questionnaire is August 1 S, 201 1. Contractors arc 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, inforn~ation about current bonding capacity, notarized statement from surety, and the most recent reviewed or audited tinancial statements, with accompanying notes and supplemental information, are required. City of Tustin 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. City of Tustin reser,~es the right to check other sources available. City of Tustin's decision will be based on objective evaluation criteria. City of Tustin reserves the right to adjust, increase, limit, suspend or rescind the pre-qualitication rating based on subsequently learned information. Contractors whose rating changes sufticient to dis-qualify them will be notified, and given an opportunity for a hearing consistent with the hearin~~ procedures described below for appealing apre-qualitication rating. While it is the intent of the pre-qualitication questionnaire and documents required therewith to assist the City of Tustin in determining bidder responsibility prior to bid and to aid the City ot. Tustin selecting the lowest responsible bidder, neither the tact of pre-qualitication, nor any pre- qualification rating, will preclude the City of Tustin from apost-bid consideration and determination of whether a bidder has the quality, titness, capacity and experience to satistactorily perform the proposed work, and has demonstrated the requisite trustwo--thiness. The pre-qualification packages should be submitted under seal and marked "CONFIDEtiTIAL" to the City_Clerk at City of Tustin, 300 Centennial Way, Tustin, CA, 927H0. The pre-qualitication 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 pernitted 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-qualitication 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 the City of Tustin and provide updated accurate information in writing, under penalty of per jury. The City of Tustin reserves the right to waive minor irregularities and omissions in the information contained in the pre-qualitication application submitted, to make all final determinations, and to determine at any time that the pre-qualitication procedures will not be applied to a specitic future public works project. Contractors may submit pre-qualification packages during regular working hours on any day that the oftices of the City of Tustin are open. Contractors who submit a complete pre-qualitication package will be notified of their qualification status no later than ten business days after submission of the information. The City of Tustin may refuse to grant pre-qualification where the requested information and materials are not provided, or not provided by August 1 H, 201 I . There is no appeal from a refusal fur an incomplete ur 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 inco-i~plete submissions, or late submissions. Note: A contractor may be found not pre-qualified for bidding on a specific public ~~~orks contract to be let by the City of Tustin, or on all contracts to be let by the City of Tustin until the contractor meets the City of Tustin's requirements. In addition, a contractor may be found not pre-qualitied for either: (1) Omission of requested information or (?) Falsitication of information RN:~ IE~~ F:D .a\D .-~PPRO~'ED BY': ISTI\E :1. SHI\GLETO~i, ASSIS~I'A\T CI"T~' ~1A\AGER '1 ~ • ~~ ~ Dt~l ~L:~`~S. S'T:~CK, DIRECTOR OF PCBLIC WORKS/CITY E\GI~EER PRE-QUALIFICATION QUESTIONNAIRE CO~TaCT INFORNIATIOi~i Finn 'dame: Check One: ^ Corporation (as it appears on license) ^ Partnership ^ Sole Prop. Contact Person: Address: Phone: Fax: I l~ firm is a sole proprietor or partnership: (~«~ner(s) of Company Cuntrartor's License plumber(s): P.aRT I. ESSE~iTIAL REQL;IREMENTS FOR Q[;~LIFIC.~TION Contractor ~r~ill be immediateh~ disqualified if the answer to any of questions 1 through or 11 is "no."t Contractor ~~~ill be immediately disqualified if the answer to any of questions 6, 7, 8 or 9 is "yes."` 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. Contractor possesses a valid and current Class "B" California Contractor's license for the project or projects for which it intends to submit a bid. ^ Yes ^ No ?. Contractor has a commercial liability insurance policy with a policy limit of at least S2,000,000 per occurrence and x,2,000,000 aggregate, commercial automobile insurance with a limit of at least x,1,000,000, and California worker's compensation insurance with a limit of at least X1,000,000. Confirn~ insurers are authorized to do business in the State b_v the Department of Insurance and meet the following qualifications: .A.~VI. Best's Key Rating ofGrade A and Class VII (seven) (if an Admitted Insurer), and Grade A- or better and Class X (ten) or better (if offered by a Surplus Line Broker). Worker's compensation insurance rated Grade B- or better and Class VII (seven) or better, or offered by the State Compensation Fund. ^ Yes ^ No 3. Contractor has current workers' compensation insurance policy as required by the Labor Code or is legally self-insured pursuant to Labor Code section 3700 et. seq. ^ Yes ^ No ^ Contractor is exempt from this requirement, because it has no elllp}OVCCS ~. Have you attached your latest copy of a reviewed or audited financial statement with accompanying notes and supplemental information. ^ Yes ^ No COTE: A financial statement that is not either re~~iewed or audited is not acceptable. A letter verifying a~~ailability of a line of credit may also be attached; ho~~ever, it gill ~ :~ "no" ans~~ er to Question ~l will not be disqualifying if the contractor is exempt Gom complying ~~~ith (luestiun -l, for reasons explained in foutnote 7. A contractor disqualified solely because of a "Yes" answer given to question 6, 7, ur 9 may appeal the disqualification and provide an explanation of the relevant circumstances during the appeal pn~cedure. ' Public Contract Code section ZOIOI(e) exempts from this requirement a contractor who has yualitied as a ;mall husiness pursuant to Government Code section 1-1~37(d)(l ), if the bid is "no more than ?~ per crnt of the qualifying amount pruyided in section 1-1837(d)(1 )." :~s of January I, 2001, the qualifying amount i, SlU million, and ~~ per cent of that amount, therefore, is S2.~ million. 6 be considered as supplemental information only, and is not a substitute for the required financial statement. ~. Have you attached a notarized statement from an admitted surety insurer (approved by the California Department of [nsurance) and authorized to issue bonds in the State of California, and with an AM Best's Guide rating of at least A-:VIII or similar rating, except as othe--~ti ise approved by the City's Risk Manager, which confirms that contractor has a sin~~le limit bonding capacity of at least $4,000,000. ^ Yes ^ No tiOTE: `otarized statement must be from the surety company, not an went or broker. 6. Has your contractor's license been revoked at any time in the last tive years'' ^ Yes ^ No 7. Has a s~u~ety firm completed a contract on your behalf, or paid for completion because your firm was det~~ult terminated by the project owner within the last five (5) years'' ^ Yes ^ No i~. 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'? ^ Y'es ^ No If the answer is "Yes," state the beginning and ending dates of the period of debarment: ~). At any time during the last five years, has your firm, or any of its owners or officers, been convicted of a crime im~olving the awarding of a contract of a government construction project, or the bidding or performance of a government contract'? ^ Yes ^ No 1O. At the time of submission of this pre-qualification package, is your firm, or any subsidiary, parent, holding company or affiliate, or any of their respective owners, partners, or ofticers a plaintiff in an active lawsuit against the City or any of its agencies'? ^ Yes ^ No 1 I. Contractor has provided information about its six public works projects and its three most comparable private projects all of which it has successfully completed within the last tour years. At least six of the projects submitted must be in California, comparable in scope and quality with the Project, and have had a contract value of at least 54,000,000. Comparable projects ~ti ilf have at a minimum included complete shell, core, complete interior buildout, ' An additional notarised statement from the surety may be requested by the Crn~ a/~Ttrsri>> at the time of ~ubmi;sion of a bid, if this pre-qualification package is submitted more than 60 days prior to submissiun of the bid. 7 and complete site development. At least one of the projects submitted must ha~~e bcen designed and constructed in compliance with one of the following: Essential Facility as defined in Chapter ? of the State of California Health and Satcty~ Code Califomia OSHPD California Department of State Architect h~ addition, at least one of the projects submitted must have been LEED Certified by the USGBC.^ Yes ^ '~o P:VZT II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE, CO~VIPLIANCE WITH CIVIL AND CRIMINAL LAW'S ~. Current Organization and Structure of the Business For Firms That .are Corporations: 1 a. Date incorporated l b. Ceder the laws of what state: lr. Provide all the following information for each person who is either (a) an officer of the co-poration (president, vice president, secretary, treasurer), or (b) the o~~~ner of at least ten ., , Kl LClll VI fill, l.Vl V1 dll Vll J JLVI, A. Name Position Years with Co. `% Ownershiq Social Security 1 d. Identify every construction firm that any person listed above has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NO"TE: For this question, "o~cner" and "partner" refer to o~r~nership of ten per cent or more of the business, or 10 per cent or more of its stock, if the business is a cup ~u~ auuu. Dates of Person's Na--ticipation PcI'SOn'S Name Constn-ction Firm with Firm For Firms That :ire Partnerships: I a. Date of tbrmation: 1 h. Under the laws of what state: I c. Provide all the following information for each partner who owns 10 per cent or more of the firm. Name ~ Position ~ Years with Co. ~°% Ownershiq Social Security 9 ld. Identity e~~ery constriction company that any partner has been associated ~ti~ith (as o~~~ner, <~eneral partner, limited partner or officer) at any time during the last tive years. VOTE: 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 uuu. Dates of Person's Participation Person's Name Constriction Company with Comnanv For Firms That :ire Sole Proprietorships: 1 a. Date of commencement of business. 1 b. Social security number of company o~~~ner. lc. Identify e~~ery construction tirm that the business owner has been associated with (as o~rner, general partner, limited partner or officer) at any time during the last tive years. VOTE: 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 Constriction Com an Dates of Person's Participation with Com an For Firms That Intend to Make a Bid as Part of a Joint Venture: 1 a. Date of commencement of joint ~~enture. (b. Pro~~idc all of the following information for each firm that is a member of the joint ~~enture rear ez ~ecrs ru uiu un one ur more ro ecrs: Name of firm `% Ownership of Joint Venture B. Histor~~ of the Business and Organizational Performance 2. 1 las there been any change in ownership of the firm at any tune during the last three years'? NOTE: A corporation whose shares are publicl~~ traded is not required to ans~r~er this question. ^ Yes ^ No If "yes," explain on a separate signed page. 3. Is the ti-m a subsidiary, parent, holding company or affiliate of another constnlction firm'? NOTE: Include information about other firms if one firm owns 50 per cent or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm. ^ Yes ^ No If"yes," explain on a separate signed page. -I. Are any corporate officers, partners or owners connected to any other construction firms. NOTE: Include information about other firms if an owner, partner, or officer of dour firm holds a similar position in another firm. ^ Yes ^ No If"yes," explain on a separate signed page. ~. State your firm's gross revenues for each of the last three years: 6. How many years has your organization been in business in California as a contractor under your present business name and license number'? years 7. Is your tirni currently the debtor in a bankruptcy case'? ^ Yes ^ No [f "yes," please attach a copy of the bankruptcy petition, showing the case number, and the date on which the petition was filed. ~. Was your firm in bankruptcy at any time during the last five years'? (This question refers only to a bankruptcy action that was not described in answer to question 7, above) ^ Yes ^ No If"yes," please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court's dischar~~e order, or of any other document that ended the case, if no discharge order .vas issued. Licenses 9. List all California construction license numbers, classitlcations and expiration dates ut 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. 1 1. Has your tir-m changed names or license number in the past tlve years'? ^ Yes ^ No If"yes," explain on a separate signed page, including the reason for the change. 1?. Has any o~~~ner, partner or (for corporations:) officer of your firm operated a construction firm under any other name in the last five years'? ^ Yes ^ No If "yes," explain on a separate signed page, including the reason for the change_ 13. Has any CSLB license held by your firm or its Responsible ;Managing Employee (R:~1E) or Responsible !Managing Officer (RMO) been suspended within the last five years'? ^ Yes ^ No If "yes," please explain on a separate signed sheet. Disputes 1-l. At any time in the last five years has your tlrm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner'? ^ Yes ^ ?vo [f 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. 1 ~. In the last five years has your firm, or any tirnl with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed ur otherwise prevented from bidding on, or completing, any government agency or public works project for any reason'? \OTE: "Associated with" refers to another construction firm in which an o~~ner, partner or officer of ~~our firm held a similar position, and which is listed in response to question lc or ld on this form. ^ Yes ^ islo If "yes," explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action. 16. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder'? 12 ^ Yes ^ No [f "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. MOTE: 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 x,50,000. 1 ?. [n the past five years has any claim against your t7rm conce~~~ing your tirm's ~~~ork on a construction project been filed in court or arbitration'.' ^ Yes ^ No If "yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution). l8. In the past tive years has your tirm made any claim against a project owner concernin~~ work on a project or payment for a contract and filed that claim in court or arbitration:' ^ Yes ^ No If "yes," on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was tiled, a brief description of the nature of the claim, the court in which the case was tiled and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution). I ~). At any time during the past five years, has any surety company made any payments on your tirm'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? ^ Yes ^ No If "yes," explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved. ?U. In the last five years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm'.' ^ Yes ^ No 13 [f "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 1. Has your firm or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity'? ^ Yes ^ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the investigation and the grounds for the tinding. ~?. Has your tirm or any of its owners, ofticers or partners ever been convicted of a crime involving any federal, state, or local law related to construction'? ^ Yes ^ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction. ~3. Has your firm or any of its owners, ofticers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty:' ^ Yes ^ No If "yes," identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct. Bonding ?-l. Bonding capacity: Provide documentation from your surety identifying the tollowin`~: Name of bonding company/surety: Name of surety agent, address and telephone number: ~~. [f 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. ~ -t ~6. List all other sureties (name and full address) that have written bonds for your firm during the last five years, including the dates during which each wrote the bonds: ~7. 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'? ^ Yes ^ No If yes, provide details on a separate signed sheet indicating the date when your tirm was denied coverage and the name of the company or companies which denied coverage; and the period during which you had no surety bond in place. C. Compliance with Occupational Safety and Health Laws and with Other Labor Legislation Safety ~~. Has CAL OSHA cited and assessed penalties against your tirm for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past tive years:' tiOTE: If you have tiled 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. ^ Yes ^ No If "yes," attached a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision. ?9. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years'? ?SOTE: If you have tiled an appeal of a citation and the Appeals Board has not vet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ^ Yes ^ No If "yes," attach a separate signed page describing each citation. Zl>. 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'? 15 NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ^ Yes ^ No If "yes," attach a separate signed page describing each citation. 31. How often do you require documented safety meetings to be held for construction employees and tield supervisors during the course of a project'? ~~. 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 tirnl had employees but was without workers' compensation insurance or state-approved selt=insurance'? ^ Yes ^ 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 verities 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 tirm bas been in the constriction business.) Prevailing Wage and Apprenticeship Compliance Record ,-1. Has there been more than one occasion during the last tive years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws'? NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. ^ Yes ^ No -~ If "yes," attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. 3~. During the fast tive 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 ~ti~ith the federal Davis-Bacon prevailing wage requirements'? ^ Yes ^ No If "yes," attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the public a~~ency 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. 3(i. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to reyuest the dispatch of apprentices to your company for use on any public work project for which you are awarded a contract by the City of Tustin. 37. If your firm operates its own State-approved apprenticeship program: (a) Identify the craft or crafts in which your firm provided apprenticeship trainin~~ 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 cratt while employed by your t1rm. 17 3~. At airy tinge during the last tive 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:' VOTE: 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. ^ Yes ^ No If "yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). ix P:~RT lll. RECENT CONSTRC;CTION PROJECTS CO~~IPLETED 39. Contractor shall provide information about its six public works projects and its three most comparable private projects all of which it has successfully completed within the last tinu- years. At least six of the projects submitted must be in Califon~ia, comparable in scope and quality with the Project, and have had a contract value of at least S~,000,000. Comparable projects will have at a minimum included complete shell, core, complete interior buildout. and complete site development. At least one of the projects submitted must have been designed and constructed in compliance with one of the following: Essential Facility as defined in Chapter 2 of the State of California Health and Safety Co(ie California OSHPD California Department of State Architect In addition, at least one of the projects submitted must have been LEED Certified by the USGBC. games and references must be current and verifiable. Use separate sheets of paper that cuntain all of the following information: f 1'O~t'Ct dam(': 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: 19 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 prequalitication questionnaire and know their contents. The matters stated in the questionnaire answers are tnie of my own knowledge and belief; except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California, that the forcgoin~~ is correct. Dated: (Name) ~o A LIST OF THE SCORABLE QUESTIONS AND THE SCORING INSTRUCTIONS ,, :~ LIST OF THE SCORABLE QCESTIOtiS a:SD THE SCORI\G IISTRC'CTIO~iS The scorable questions arise in three different areas: (1) History of the business and organizational performance; (I I) Compliance with occupational safety and health laws, workers' compensation and other labor legislation; and (III) Completion of recent projects and quality ofperformance. The interview questions (interviews by the public agency of project mana~~ers on projects completed recently by the contractor) are included in group III. In a pre-qualification procedure for a single project, this last category would also include a scoring ofthe number of recently completed projects that are similar to the project on which pre- qualitication is at issue. tote: ~~ot all questions in the questionnaire are scorable; some questions simply ask for information about the contractor firm's structure, officers and history. This document includes only those questions that are "scorable." The question numbers in this document are the numbers used in the questionnaire. Thus, the questions included here begin with question number 6, and there are a fe~~~ breaks in the numerical sequence. The Scores tieeded for Prequalification To prequalify, a contractor would be required to have a passi~ig grade within each of the three large aite~.:ories referred to above. For Section I, "History of the business and organizational performance," DIR recommends use of a passing score of 57 on this portion of the questionnaire (of a maximum score of 76 on this portion of the questionnaire). For Section II, Compliance with occupational safety and health laws, workers' compensation and other labor legislation 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 projects and quality ofperformance, includes a series of interview questions about recently completed construction projects. For the interview questions, City will interview project managers for the owners of at least two completed projects. There is a maximum possible score of 100 points for each interview. For these questions, City will qualify a contractor whose average score on the interviews is 80 points or more. City will deny pre-qualification for a contractor whose score on either interview is less than 55 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 pendin~~ project, it i5 impossible to propose a usetiil model scoring system to apply to the answers ~~i~~en about a contractor's completed projects. Section I -Questions about Histor~~ of the Business and Organizational Performance (16 questions) Ho~~~ many years has your organization been in business in California as a contractor under your present business name and license number'? years 3}'ears ur more = 2 points ~}'ears = 3 points S years = ;r' pts. h }ears or more = 5 points Is your tirm currently the debtor in a bankniptcy case'? ^ Yes ^ No ".No" = 3 points" "Yes " = 0 points Was your tirm 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, abo~~c). ^ Yes ^ No "r o" = 3 points" "Yes" = 0 points -~. Has any CSLB license held by your firm or its Responsible Managing Employee (R~1E) or Responsible Managing Officer (RMO) been suspended ~~~ithin the last ti~~e years:' ^ Yes ^ No Nn = S pniiets Yes = 0 points ,3 ~. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a construction contract with either a public or private owner:' ^ Yes ^ No .Vo projects with liquidated daurages of more Bran $50,000, or orre project with liyuiduterl damages = ~ points. T-ti~o projects with liquidated damages of n:ore tl:an $50,000 = 3 points 4ny other ans-t~er: no points (,. 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 1 c or t d on this form. ^ Ycs ^ No .'Vo = 5 points Yes = 0 points 7. (n the last tine years, has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder'? ^ Yes ^ Vo a'o = 5 points Yes = 0 points NOTE: The following hvo questions refer only to disputes behveen 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. ,~ ~. In the past five years, has any claim against your firm concerning your firm's work on a constniction project, been tiled in court or arbitration? ^ Yes ^ No If N-e firm's average gross reventre for the lust three years was less N~alr S50 million, scoring is as follows: S poll:ts for either "No" or "Yes" indicating 1 such insta/rce. 3 points for "Yes" ilulic•aturg 2 suc% testa/ices. 0 points for "Yes"if more tl:an 2 such instances. If your firm's average gross revenue for the last three years was more than S~0 million, scoring is as follo-t~s: J p0111ls for either "!VO" Or "Yes" Uil/tcat!lt~j I, 2, or .3 suC/t 11tStallceS. 3 points for "Yes"indicating either ~t or 5 .such instances. 0 points for "Yes"if more tlran ~ such instances. 9. 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'' ^ Ycs ^ do If your firm's average gross revenues for the (ast tltree years was less than S~0 million scoring is as follox~s: S points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes "indicating 2 such instances. 0 points fur "Yes"if n:ore than 2 sucl: insYattres. If :ti'our firm's average gross revenues for the last three years was more tltatt S50 nti//ion, scoring is as follox~s: S poltttS fOY either "1V0" OY "Yes" nldtCattttg I, 2, Or .3 snC/t tllJYanCes. 3 points for "Yes"indic•ating eitl:er ~t or S such instances. 0 poll:ts for "Yes" if more than 5 such instances. ,~ 1 U. At any time during the past tive 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 tirm's behalf in connection with a construction project, either public or private'' ^ Yes ^ No 5 points jor eiNier "No" or "Yes" indicating 1 such claim. 3 points for "Yes"indic•atiiig iro more than 2 such claims Strhtract free points for "Yes " if more tltai: 2 such claims 1 1. In the last tive years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm'? ^ Yes ^ No ~ points for either ",'Vo" or "Yes" iiulic•atiiig 1 such instance. 3 points for "Yes "indicating ? suc% instances. 0 points Jor "Yes " or if n:ore than 2 such iiis7aiices. 1 ~. Has your firm, or any of its owners, officers, or partners ever been found liable in a civil ;nit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity'? ^ Yes ^ No No = 5 points Yes = subtract S points 13. 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'? ^ Yes ^ Rio ;Vo = 5 points Yes =subtract 5 points 1 ~. Has your tirm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty'? ^ Yes ^ No Vo = 5 points Yes = subtract S points ,~ l ~. If your tirm 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. S points if the rate is no n:ore t/:an olle per cent 3 points if the rate was no higher than 1.10 per cent. 0 points for rely other ans~t~er. 16. 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 durin~~ a public construction project when one was required'? ^ Yes ^ No No = 5 points Yes = 0 points Section II -Questions about compliance with safety, workers compensation, prevailing wade and apprenticeship taws. (I 1 questions) Has CAL OSHA cited and assessed penalties against your firm for any "serious," "willtiil" or "repeat" violations of its safety or health regulations in the past five }ears'? \ote: If you have tiled an appeal of a citation and the Occupational Safeh• and Health .appeals Board has not yet ruled on your appeal, you need not include information about it. ^ Yes ^ No If the fire: 's average gros:c revenues for the lust tl:ree years -t~as less tl1(1Jl SJO !)11111(111, SC(Irlllg 1S 11S fOIIOWS: ~ points for either "No" nr "Yes"indicating 1 such instal:ce. 3 points for "Yes"indicating 2 srlcl: instances. 0 points for "Yes " if more tl:an 2 such instances. If tl:e firm's average gross revenues for the last three years was more than SJO lll/lIi(lll, SCOri/!g 15 as f0/10iVS: S pOllltS fOr elf/1er "NO" Or "/ eJ"!!ldlcatllig I, Z, Or 3 Sllch II1Sta/lees. 3 points for "Yes" indicating either 4 or J such instances. 0 points for "3'es"if-nore than 5 such instances. ,~ ?. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years'? Vote: If you have filed an appeal of a citation and the appropriate appeals Board has not yet ruled on your appeal, you need not include information about it. ^ Yes ^ No If yes, attach a separate signed page describing each citation. If the firm's average gross revenues for the last tl:ree years fvas less than SAO lllillioll, scoring is as follows: ~ polllts fbr either "No" or "Yes" I11dICat1/lg 1 SIICII [/lstaJice. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes" or if more tl:an 1 such instances. If the firm's average gross revenues for the last three years rt~as Jnore than S~0 ntillioll, sc•orillg is as follows: 5 points for eit/:er "No " or "Yes "indicating 1, 2, or 3 such ulstanc•es. 3 points for "Yes "indicating either 4 or S such instances. 0 poiJtts for "Yes"if more than 5 such instances. 3. 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 o~ti~ncr of a project on which your firm was the contractor, in the past five years:' VOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ^ Yes ^ No If the firm's average gross revenues for tl:e last tl:ree years was less than S~0 millioJl, scoriJrg is as follows: 5 points for either "No" or "Yes" indicating 1 such instance. 3 poll:ts for "Yes "indicating 2 suc% instances. 0 points for "Yes" or if n:ore than 2 such instances. If t/ie firm's average gross revenues for the lust t/tree years was more than S~0 nri/lion, scoring is as follows: 5 polllts for either "No"or "Yes"indicating 1, 2, or 3 such instances. 3 points for "Yes" it:dicating either 4 or 5 such instances. 0 points for "Yes" if more N:an 5 such instances. ,g ~. How often do you require documented safety -t~eetings to be held for construction employees and field supen~isors during the course of a project'? 3 poilrts for an answer of olrce each week or //lore ofte/:. 0 poilrts for a/!_y' otlrer a/rswer ~. List your firm's Experience !Vloditication Rate (EMR) (California workers compensation insurance) for each of the past three premium years: \OTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. Current year: Previous yea--: Year prior to previous year: [f 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. \OTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. 5 poll:ts for three }'ear average EMR of .95 or less 3 poilrts for three year average of EMR of more tha1:.95 but !ro more t/iuu 1.00 0 poilrts for any' other EMR (~. ~4~ithin the last five years, has there ever been a period when your ti---n had employees but was without workers' compensation insurance or state-approved self=insurance'' ^ Yes ^ No J pOllltS for ellller "~~VO" or "Yes"l/!lllCat[/!g 1 SIIC/t [/rSla/rCe. 0 poilrts for ally' other answer. ,y 7. Has there been more than one occasion during the last five years on which your firm .vas required to pay either back wages or penalties for your own tlrm's failure to comply with the state's prevailing wage laws'? ^ Yes ^ No VOTE: This question refers only to Four 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 reve/ules for tl:e last three years was less than SSO million, scori/!g is as follows: S points for either "No, " or "Yes " i/dicating either 1 or 2 suc•!i uata/cce. 3 points for "Yes" indicating 3 such instances. 0 points for "Yes"and more than 3 such ins7ances. If your firm's average gross revenues for tl:e lust three years -vas more tluul SSD million, scoring is as follows: S points for either "No" or "Yes"indicate/lg no /Wore t/ta/: ~ such instances. 3 points for "Yes"i/Idicating either S or 6 such i/lstanees. 0 points for "Yes"and more than 6 such i/stances. ~. During the last tive years, has there been more than one occasion on which vour o~~~n tirm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements'? ^ Yes ^ No If yorlr frrnr's average gross reve/IUes for the lust three years was less than SSO million, .cc•oring is as follorti~s: S points for either "No, " or "Yes " 1/IdlCating either 1 or 2 such instance. 3 points for "Yes " 1/tdlcat!/lg 3 such insta/ICes. 0 points for "Yes"and more than 3 such instances. If your jirv~:'.s average gross reve/Irles for the lust three years ryas more tliun SSO million, scoring is as follows: S pollllS fOr either ",Yo" Or "Yes"!/1diCallllg' /IO /ItOYe t/la/i ~ sllC/I [llStailCeS. 3 points for "Yes" i/dicating either S or 6 such instances. 0 poi/Its for "Yes"and more than 6 such i/IStances. 30 ~). 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 the Cit~of Tustin. ~ points if at least one approved apprenticeship program is lis7ed. 0 points for any other answer. IO. Ifyour tirm 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 .vas 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 tirm 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 n:ore persons completed an approved apprentic•esltip -t~hile emplo~•ed by your fire:. 0 points if tto persons completed aft approved apprentices/:ip while entploti•er bti• your . ftrn:. 31 1 I. At any time during the last five years, has your firm been found to have violated an}• provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works'? \OTE: 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. ^ Yes ^ No. If yes, provide the date(s) of such findings, and attach copies of the Department's tinal decision(s). If your firm's average gross revenues for the last three years -t~as Less tluui SJO million, SC'OYllig JS l1S fOIIOWS: ~ points for either "No, " or "Yes " indicating eitl:er 1 or 2 such ilistalice. 3 poilits for "Yes " indicating 3 suc/: instances. 0 poilits for "Yes"and more tl:an 3 such instulices. If your flrnl's average gross revenues for the last three years was more tlrun S~0 milliol:, scoring is as follows: S poilits Jbr either ",No" or "Yes" indicating no more t/ian ~t slle% instances. 3 points for "Yes "indicating either 5 or 6 such instances. 0 poilits for "Yes " alnd more than 6 sllcl: distances. ~~ Section III -Questions concerning recent construction projects completed: (one question, plus 1 1 intervie~ti~ questions) The follo~t ing question to be scored only where a public agency is undertaking apre- qualification procedure valid for a single project only, Contractor shall provide information about its six public works projects and its three must comparable private projects within the last four years.' Names and references must he current and verifiable. Use separate sheets of paper that contain all of the following inforn~ation: Project Name: )_,OCaU0I1: 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 Perfornled: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: ***** If }~ou wish, you may, using the same format, also provide information about other projects that you have completed that arc similar to the project(s) for ~tihich you expect to bid. 33 MODEL INTERVIEW QUESTIONS ~.~ ~'IODEL I:STERVIE~V QL;ESTIO\S The following questions will be used to interview randomly selected contacts from at least three ur more completed projects. City of Tustin or its Construction Manager will conduct the interviews. '~1o action on the contractor's part is necessary. These questions are included on the packa~.;e ~~iven to the contractor for information only. The highest possible score is 100 Points. An average score less than ~0 points disqualifies a contractor from bidding on the Project. First, please give a brief description of the project. 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 1?0 days ago'' (1 point for each is deducted from overall score; maximum amount to be deducted is points) 2. On a scale of 1-10, with 10 being the best, did the contractor provide adequate personnel, supervision, and equipment to successfully prosecute the work? (Max. 10 points) 3. 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, scheduling updates, and closeout documents'? (Max. 10 points) -l. On a scale of 1- ] 0, with 10 being the best, did the contractor adhere to the project schedule that your [agency] [business] approved'? (Max. 10 points) >. Was the project completed on time'' (10 points if the answer is "Yes"). Ur, if the answer is "no," on a scale of 1-10, with 10 bein~the best, to what extent was the contractor responsible for the delay in completion`? 6. 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. IO points) 7. On a scale of 1-10, with l0 being the best, rate the contractor on how ~~~ell the contractor performed the work after a change order was issued, and how well the contractor inte~~rated the change order work into the existing work. (Max. 10 points). ~. On a scale of 1-10, with 10 being the best, rate the contractor on whether there ~t~ere an unusually high number of claims, given the nature of the project, or unusual difficulty in resolving them. (Max. 10 points) 9. 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 bein~~ interviewed knows of no such difficulties, the score on this question should be "10.") ~s ., , ,. , - ~_-- .,_ ,_ _ _. t_ _._. _..~..,., ..._........_ .~..~ ,...,,lity of the ~~ ork es, ] 0 E~oints, i f APPEALS PROCEDURE ~~'hcre a timely and completed application results in a -ating below that necessary to pre-qualify, an appeal can be made. An appeal is begun by the Contractor delivering notice to the City of Tustin 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 this public works project. Without a timely appeal, the Contractor waives any and all rights to challenge the decision of the City of Tustin, ~~ hcther 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 heari-ig shall be conducted so that it is concluded no later than five business days after the City of Tustin's receipt of the notice of appeal, and no later than tive business days prior to the last date for the receipt of bids on the project. The hearing shall be an info---mal process conducted by a panel to ~~~hom the City ti9anager has delegated responsibility to hear such appeals (the "Appeals Panel"). At or prior to the hearin~~, the Contractor will be ad~~ised of the basis for the City of Tustin's pre-qualification determination. The Contractor will be given the opportunity to present information and present reasons in opposition to the rating. Within one day after the conclusion of the hearing, the Appeals Panel will render its decision. It is the intention of the City of Tustin that the date for the submission and opening of bids will not be delayed or postponed to allow for completion of an appeal process. 37 Attachment B LIST OF GENERAL CONTRACTORS NOT MEETING MINIMUM PRE-QUALIFICATION FOR CONSTRUCTION OF TUSTIN FIRE STATION $~37 • Kemp Bros. Construction, Inc. • Icon West, Inc. • Burge Corporation • Camco Pacific • W.E. O'Neil Construction Company of California • Summit Builders • Fast-Track Construction • Toby B. Hayward, Inc. • USS Cal Builders, Inc. • Mallcraft, Inc. • CTP Construction Company, Inc. • PCNC, Inc.