HomeMy WebLinkAboutResolution No. 19-7879 - Establish Pre-Qualification of Bidders Procedures for Wilderness Park Ponds Restoration Project•Itel I Le0111111
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WHEREAS, the City of Downey, has a need to complete the Wilderness Park Ponds
Restoration Project ("Project"); and
WHEREAS, the City of Downey has determined that it would be in the public interest to
determine the qualifications of potential bidders on the Project prior to letting the Project to bid,
which would assist the City in selecting the most responsive and responsible bidder; and
WHEREAS, California Public Contract code Section 20101 provides that a public
agency, including the City of Downey, may elect to adopt a bidder pre -qualification system,
including procedures required by section 20101, for specific projects (the "Law"); and
WHEREAS, pursuant to the Law, prior to using a pre -qualification system for a specific
project, the City must first establish procedures for the specific project; approve the form of pre -
qualification questionnaire; adopt a uniform system for the objective rating of bidders; and
create an appeal procedure by which a contractor denied pre -qualification may seek a reversal
of that determination.
NOW, THEREFORE,• OF OF DOWNEY DOES
`21ETEBY RESOLVE AS FOLLOWS:
SECTION 1. There is hereby established a procedure for the pre -qualification of bidders
for the City of Downey Wilderness Park Ponds Restoration Project in conformance with the Law.
SECTION 2. That certain Pre -qualification Questionnaire, based on one developed by
the State of California Department of Industrial relations (the "DIR") in accordance with the Law,
in the form attached hereto as Exhibit A, is hereby approved for use in the pre -qualification of
bidders for the Project.
SECTION 3. That certain List of Scorable Questions and the Scoring Instructions
developed by the DIR, with such changes as made by the City, in the form attached hereto as
Exhibit A, is hereby approved for use in the rating of bidders seeking to prequalify for the
Project.
SECTION 41. The appeal procedure as outlined in the Request for Pre -qualification of
Bidders Commencing with Forthcoming Public Works Bid, which is a part of the Request for
Pre -qualification for Wilderness Ponds Restoration Project attached hereto as Exhibit A, is
hereby approved for use by any contractor seeking to reverse a determination of a denial of his
or her right to bid on the Project.
SECTION 5. That the Assistant City Manager be impaneled on the Appeals Panel
described in the pre -qualification Questionnaire attached hereto as Exhibit A.
0 6 . ;.
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SECTION 6. The City of Downey shall develop such other questions and documents as
necessary to implement a pre -qualification system for use in the bid on the Project.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 23rd day of April, 2019.
RISK DRIGUEZ, Mayor
FIN 99*11 1
A to ALICIA DUART , CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 23rd day of April, 2019, by the following vote
to wit:
AYES:
Council Members: Ashton,
NOES:
Council Member: None.
ABSENT:
Council Member: None.
ABSTAIN:
Council Member: None.
Frometa, Saab, Pacheco, Mayor Rodriguez
4AYRAALICIA DUART ,CMC
City Clerk
Request forPre-qualification for the Wilderness Park Ponds
Restoration Project
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0 11 1 !1 111 1:1
City of Downey
11111 Brookshire Avenue
2
For information contact:
John Oskoui, Assistant City Manager
E-mail: �oskoui@downeyca.orE
Phone: (562) 904-7284
PROJECT AND PROCEDURES FOR PRE-QUAURCAT|ON...... -..~......... _... -....... _.... ................. -......... 3
PRE -QUALIFICATION QUEST|(}0NA|RE..-...... ............................ ___ ...... -............ .............. ~...... -,..... _7
SECTION A - CONTACT |MFORMAT}ON-........ ... ......... .............. .... ... ......... .... .... ._-..7
SECTION B. CURRENT ORGANIZATION AND STRUCTURE ....... ........ .......... ..............................
8
SECTION C.CRITERIA QUESTIONS ........................................ ......................... -........ ._..... ,I5
SECTION D. PRE -QUALIFICATION CRITERIA QUESTIONS ............... .................. __.-_....... ..17
PRIORHISTORY ......... .............. ....... --_..--._.._-..~-.--........... ....................... ............ ....
1l
CRIMINAL MATTERS AND CIVIL SUITS ... -.--......... ....... -.--.-.-.--.............. ........... ....... .19
OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE ............ ......... ----..... ...... .~--.-20
PREVAILING WAGE AND APPRENTICESHIP COMPLIANCE RECORD ........................... ...........
20
SE[]lC)PJ E. PROJECT EXPERIENCE ......................................... ........ .,.-._-.......... ..... -_22
CERTIFICATION ........... ____ ............... .... .... ...... --......... ............... ............... ____ .... .... .....
24
PRE -QUALIFICATION CRITERIA QUESTIONS AND SCORING ............................ ................ .... .'26
MODEL INTERVIEW QUESTIONS ..................................................................................................
29
APPENDIX
A.INSURANCE AND BOND REQUIREMENTS .............. ...... .................................... ....... .-.-'........
RESTORATION
• \• ••R.. • AND
PROCEDURES
•,.. • •PRE -QUALIFICATION
• 1\•
Notice is hereby given that the City of Downey ("City') has determined that all contractors on the
Wilderness Park Ponds Restoration Project ("Project") must be pre -qualified prior bidders to
submitting a bid for the Project.
The City is seeking a General Engineering ("A" licensed) contractor ("Contractor") experienced
in restoration of lakes and/or ponds in a public park setting for rehabilitation and restoration
of the Wilderness Parks Ponds located at 10999 Little Lake Rd, Downey, CA 90241.
The project consists of restoring 2.5 acres of wetlands habitat at two existing ponds at Wilderness
Park, which is adjacent to the San Gabriel River. The project will improve the ponds by replacing
invasive plant species with natives, installing a naturalized hardened shoreline and a new aeration
system to improve water quality, restoring wetland habitat for native species, animal wildlife and
providing respite for migratory birds. Further, this project includes new trail segments that will
enhance access to the adjacent 28 -mile San Gabriel River Trail and new educational wayfinding
signage to facilitate wetlands and native habitat awareness.
The construction cost of the Project is estimated at $4 million.
The anticipated pre -qualification and bid schedule is summarized as follows:
Date Milestone
April 26, 2019 City issues request for pre -qualification from Contractors.
May 3, 2019 Deadline for Contractors to submit questions.
May 10, 2019 Deadline for Contractors to submit Pre -qualification Packages.
May 15, 2019 City issues recommendation of qualified bidders list for Contractors.
May 20, 2019 Last day for Contractors to appeal City's decision with respect to
pre -qualification ratings and to deliver notice of appeal to City.
May 24, 2019 Last day for appeals to be heard by City.
June 11, 2019 City adopts approved bidders list.
June 17, 2019 Project put out to bid for approved bidders.
July 12, 2019 Deadline for Contractors to submit bids.
July 23, 2019 Project awarded to lowest responsible bidder.
PRE -QUALIFICATION PROCEDURES
It is mandatory that all Contractors who intend to submit bids for the Project fully complete a
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Request for Pre -Qualification
Wilderness Park Pond Restoration Project
pre -qualification package ("Pre -qualification Package"), including but not limited to the pre -
qualification questionnaire, provide all materials requested herein and be approved by the City to
be on the final 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 on the Project as a joint
venture, each entity within the joint venture must be separately qualified to bid.
The completed Pre -qualification Package must be delivered to and received by City no later
than May 10, 2019 at 5:00 p.m. Pre -qualification Packages must include three (3) hard copies
and one (1) electronic copy on a disk, and be submitted under seal and marked
"CONFIDENTIAL: Wilderness Park Ponds Restoration Project — Contractor Pre -qualification
Package" to the City of Downey, Attention: City Clerk, 11111 Brookshire Ave, Downey, CA 90241.
City will notify all respondents of the results of the pre -qualification process in writing.
Answers to questions contained in the attached questionnaire, information about current
bonding capacity on an aggregate and per project limit, and the most recent reviewed or audited
financial statements, with accompanying notes and supplemental information, are required. The
City will use these documents to rate Contractors with respect to their qualifications to bid on the
Project. City reserves the right to check any other sources available to verify Contractor's
statements, prior performance and veracity. City's decision will be based on objective evaluation
criteria identified herein.
While it is the intent of the Pre -qualification Package and documents required therewith to assist
the City in determining bidder responsibility prior to bid and aid City in selecting the lowest
responsible bidder for construction of the Project, neither the fact of pre -qualification, nor any pre -
qualification rating, will preclude 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 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 the purpose of verification, investigation
of allegations that may impact Contractor's pre -qualification status, and in the process of an appeal
hearing. State law provides that the names of contractors applying for pre -qualification status are
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. The Contractor shall provide only complete and accurate information. If any
information provided by a Contractor becomes inaccurate, the Contractor must immediately notify
the City and provide updated accurate information in writing and under penalty of perjury. The City
may verify any or all information provided in completed Pre -qualification Packages, consider
information provided by sources other than the prospective bidder, and conduct such investigations
as the City deems appropriate to assist in the evaluation of Contractor's responsibility, qualifications
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Request for Pre -Qualification
Wilderness Park Pond Restoration Project
and financial capacity.
A Contractor will be automatically pre -qualified if the responses submitted to all questions in
Sections C and D do not raise concerns. A A�#& m-'kwwtrt- I X, A- _gwiqi, t-2 2
"passing"' Sections C and D is subject to additional scrutiny. If additional scrutiny is required, the
City will review and evaluate the required supporting documentation and use a numerical
scorecard to determine whether the Contractor is pre -qualified as described below. A score
sheet is included in this Pre -Qualification Package on page 26.
Contractor is immediately disqualified
• Any answer to questions I through 6 is "NO"
• Any answer to questions 7 through 13 is "YES"
If the Contractor is not immediately disqualified based on its answers to the questions in
Section C, the City may assume that the Contractor has passed this pre -qualification section.
_C
However, the -,u lt-�,,ru; w,.Lv AT
responses provided on the Questionnaire.
Contractors are required to answer questions 1 through 21 and must provide additional
information to the City for any questions where the answer is not "0". The City will then use this
information to calculate a score for Section D in order to determine eligibility for pre -
qualification.
All questions in which the Contractor's response is not "0" are scored. If all of the Contractor's
responses to questions 1 through 21 are "0" the City may assume that the Contractor has
gassed this 5ire-ualification section. W•zvvw
2
the Contractor to verify the accuracy of the responses provided.
If the answer to any of questions 1 through 21 is not "0", additional scrutiny is required and
the awarding body will analyze the issues using the following two factors:
1. Whether the incident was a good faith mistake and, if so, the error was promptly and
voluntarily corrected when brought to the attention of the Contractor or Subcontractor.
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2. Whether the Contractor or Subcontractor has a prior history or several incidents of the
issue are reported.
The City reserves the right to reject any or all Pre -qualification Packages and to waive any
irregularities in any Pre -qualification Package submittal. The City reserves the right to determine
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Wilderness Park Pond Restoration Project
that any Contractor is not qualified at any time before or after the Pre -qualification Packages are
received and evaluated if it finds that information provided therein is inaccurate, misleading or
false, or upon evidence of collusion or other illegal practices on the part of a Contractor. The City, in
its sole discretion, expressly reserves the right to cancel the pre -qualification process at any time,
including but not limited to, after the deadline for the receipt of Pre -qualification Packages, reject
any Pre -qualification Package received by the City and competitively bid the Project without first
prequalifying bidders. 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. The
City may conduct a final review of the information submitted by the Contractor just prior to the
award of the bid to confirm that the information submitted has not changed.
A Contractor who has submitted a completed Pre -qualification Package, and who receives a rating
of "not qualified" from the City may appeal that determination. There is no appeal from a finding
that a Contractor is not prequalified because of a failure to submit required information. A
Contractor may appeal the City's decision with respect to its request for pre -qualification, and
request a hearing, by giving written notice of appeal and submitting a deposit of one thousand
dollars ($1,000) to the City no later than five (5) working days after City's issuance of the written
notice of the Contractor's qualification status. Unless City receives the written notice of appeal and
deposit within the time specified above, the Contractor waives any and all rights to challenge the
qualification 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 (5) working days after the City's receipt of the
Contractor's Notice of Appeal and the $1,000 filing deposit. The hearing so provided shall be an
informal process conducted by a panel to whom the City has delegated responsibility to hear such
appeals (the "Appeals Panel"). At or prior to the hearing, the Contractor will be advised of the basis
for the City's pre -qualification determination. The Contractor will be given the opportunity to
present information and present reasons in opposition to the pre -qualification determination. At
the conclusion of the hearing or no later than two (2) working days after completion of the hearing,
the Appeals Panel will render its decision, which will be final and binding. It is the intention of the
City that the date for submission and opening of bids for the Project will not be delayed or
postponed to allow for completion of an appeal process. If the Contractor's appeal is rejected by
the Appeals Panel, the Contractor's $1,000 filing deposit shall be forfeited to the City. Otherwise
the deposit will be returned to the Contractor following issuance of the Appeals Panel's decision.
The Pre -qualification Package, its completion and submission by the Contractor, and its use by the
City, shall not give rise to any liability on the part of the City to the Contractor or any third party or
person. This is not a solicitation for bid. The Contractor accepts all risk and cost associated with the
completion of the Pre -qualification Package without financial guarantee.
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A Contractor may be found not prequalified for either omission of requested information or
falsification of information.
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Request for Pre -Qualification
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CITY OF DO1111ET
STATEMENT OF QUALIFICATIONS
WILDERNESS PARK PONDS RESTORATION PROJECT
Firm Name:
Contact Person:
Address:
City ofDowney Page 8of30
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
CONTRACTOR PRE -QUALIFICATION QUESTIONNAIRE
A. CPNTRAC.L"FORNATION
(All Questions Must Be Answered)
Firm Name (as it appears on CSLBlicense):
Firm Type (Select one): [I Corporation El LLC El Partnership 0 Sole Proprietorship 0 Joint
Venture
Contact Person/Title:
(List Owner(s) if Firm is a Sole Proprietorship or Partnership)
Local Address (P.O. Box is not acceptable):
Address 1:
Address 2:
City,
Zip:
Office Telephone:
Contact Mobile:
Fax Number:
E-mail Address:
List all California construction or other professional license numbers, classifications and expiration
dates held by yourfirm:
License Number Classification l Expiration Date
List your firm's DIR Public Works Contractor (PWCR) Registration Number(s):
PWCEntity Name Expiration Date
R Number
If any of your firm's license(s) are held in the name of a corporation, limited liability company, 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.
License Number Qualifying Individual Expiration Date
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Wilderness Park Pond Restoration Project
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B. C1JRJU-,N-r QR(_;AN1ZAT1QN AND STRULT
I I-, I I - --- _LJRE,
Complete the section below for the appropriate type of firm:
or Firm
.5 That Are Cornorations:
la. Date incorporated:
1b. Under the laws of what state:
1c. Provide all the following information for each person who is either (a) an officer of the
corporation (president, vice president, secretary, treasurer), or (b) the owner of at least
ten percent of the corporation's stock:
Name Position Years % I
with Firm Ownership]
I
1 d. Identify every construction firm that any person listed above has been associated with (as
owner, general partner, limited partner or officer) at any time during the last five years.
NOTE: For this question, "owner" and "partner" refer to ownership of ten percent or more of
the business, or ten percent or more of its stock, if the business is a corporation.
Person's Name
Construction Firm Date of Person's
Participation
with Firm
&rfirrnA 7hqt Are �Jmited Liabifit.E fqMpallia a La:
la. Date Article of Organization filed: - 1b.
Under the laws of what state:
1c. Provide all the following information for all members of the LLC:
City of Downey
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
Position Years I %
with Firm I Ownership
Page 11 of 30
I d. Identify every construction firm that any person listed above has been associated with (as
owner, general partner, limited partner or officer) at any time during the last five years.
NOTE: For this question, "owner" and "partner" refer to ownership of ten percent or more of
the business, or ten percent or more of its stock, if the business is a corporation.
Person's Name
Construction Firm i Date of Person's
� Participation with Firm
For Firm$ That A r,e, Partner hi
la. Date incorporated:
1b. Under the laws of what state:
1c. Provide all the following information for each partner who owns ten percent or more of
the firm.
Name Position Years I%
with Firm Ownershi
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, "ownee'and "partner" refer to ownership of ten percent or more of
the business, or ten percent or more of its stock, if the business is a corporation.
Person's Name
City of Downey
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
Construction Firm
EQ1: Firm.v That. LC5Q1SftWrietor.5hi0:
Ia. Date of commencement of business
1b. Identify every construction firm that the business owner has been associated with (as
owner, general partner, limited partner or officer) at any time during the last five years.
NOTE: For this question, "owner" and "partner" refer to ownership of ten percent or more
of the business, or ten percent or more of its stock, if the business is a corporation.
Person's Name Construction Firm Date of Person's
Participation with
Firm
Ia. Date of commencement of joint venture: -
1b. Provide all the following information for each firm that is a member of the joint venture
that expects to bid on one or more projects
Name of Construction Firm
%Ownership
Note: Explain on a separate sheet. Provide all other pertinent information required in the
sections above, for each Corporation, LLC, Partnership, or Sole -Proprietorship that is a part
of the Joint Venture.
,FOR ALL FIRM. .
2 At any time during the past five years, has your firm shared office space, warehouse space,
yard, plant or shop facilities, staff, equipment, telecommunications or other assets with any
other construction firm? (If yes, identify and explainbelow.)
Construction Firm Description of Sharing Location of
I Agreement Facilities
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Request for Pre -Qualification
Wilderness Park Pond Restoration Project
3. State your firm's gross revenues for each of the last three fiscal years:
Current year
Previous year
Year prior to previous year($):
4. How many years has your firm been in business in California as a contractor under your
present business name and license number?
5. Bonding Capacity — Provide documentation from your surety identifying the following:
Name of Bonding Company/Surety:
Name of Surety Agent:
Address:
Telephone number:
• If your firm was required to •. a premium • • than one percent for a performance and
payment bond • any proj ect(s) • which your firm worked at any time during the last three
years, state the percentage that your firm was required to pay. You may provide an
explanation for a percentage rate higher than one percent, if • wish to •• •
7. List all other sureties (name and full address) that have written bonds for your firm during
the last five years, including the dates on which they were issued:
Name Address Date
8.
• • •a • require documented safety meetings to be -;• • construction
employees and -f• supervisors • the course • aproject?
9. List your firm's Experience Modification Rate (EMR) (California workers'
compensation insurance) for each of the past three premium years:
Current year rate:
Previous year rate:
Year prior to previous year rate:
10. Does your firm regularly utilize a third party consultant to review labor compliance
documents of subcontractors on a public works project? ❑ Yes ❑ No
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Request for Pre -Qualification
Wilderness Park Pond Restoration Project
11. 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 employ on any public works project awarded by [Public Entity].
Name Address one
I I
12 Provide the name, address and telephone number of the apprenticeship program (approved
by the California Apprenticeship Council) from whom you have requested and/or employed
apprentices in the past three years.
Name Address one
13. 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);
(c) For each craft, list the number apprentices employed by your firm and the number of
individuals that completed apprenticeships while employed by your firm during the
last three years.
Craft Year No. Apprentices No. Completed
14. Has your firm changed names or license number in the past five years? El Yes [I No
(If yes, explain on a separate sheet, including the reason for the change.)
15. Has there been any change in ownership of your firm at any time during
the last five years? 0 Yes D No
(If yes, explain on a separate sheet.)
NOTE: A corporation whose shares are publicly traded is NOT required to answer this question.
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Request for Pre -Qualification
Wilderness Park Pond Restoration Project
16. Is your firm a subsidiary, parent, holding company or affiliate ofanoth-
• •;
onstruction firm? 0 Yes 0 No
(If yes, explain on a separate sheet.)
NOTE: Include information about other firms if one firm owns 50 percent or more of another, or if an
owner, partner, or officer of your firm holds a similar position in anotherfirm.
IT Has any owner, partner and/or officer of your firm operated or been connected to a
construction firm under any other name in the last five years not listed in Section A or
Section B above at any time in the past five years? 13 Yes El No
(if yes, provide the person's name, construction firm name, and dates of participation.)
Name Construction Firm Dates of
Participation
City of Downey Page 16 of 30
Request for Pre -Qualification
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C ESSEMLI
41, CRITERM QUAffLM
Circle Answer
1, Does Y'01,117 firm possess a valid and current California Contractor's
or other professional license as required by law for the projector Yes No
projects for which it intends to submit a bid?
2. Is your firm registered with DIR as a Public Works Contractorfor Yes No
the current fiscal year?
3. Does your firm have a liability insurance policy with a policy limit Yes No
of at least $1,000,000 per occurrence and $2,000,000 aggregate?
4. Does your firm have current workers' compensation insurance Yes No
policy as required by the Labor Code or is your firm legally self-
insured pursuant to Labor Code section 3700 et. seq.?
5. Have you attached your firm's latest copy of reviewed or audited Yes No
financial statements with accompanying notes and supplemental
information? *
acceptable. A letter verifying availability of a line of credit may also be
attached; however, it will be considered as supplemental information only,
and is not a substitute for the required financial statements.
6. Have you attached a notarized statement from an admitted surety
insurer (approved by the California Department of Insurance) Yes rtf
authorized to issue bonds in the State of California, which states
that: (a) your current bonding capacity is sufficient for the project
for which you seek pre -qualification if you are seeking pre -
qualification for a single project; or valid for a year if you are
seeking pre -qualification valid for a year; and (b) your current
available bonding capacity? **
NOTE: Notarized statement must be from the surety company, not an
agent or broker.
T Has your contractor's or other professional license been revoked at
any time in the lastfive years? Yes No
8. Has a surety firm completed a contract on your behalf, or paid for
completion because your firm was in default and/or terminated by Yes No
the project owner within the last five years?
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Request for Pre -Qualification
Wilderness Park Pond Restoration Project
Circle Answer
9. Is your finn, any of its officers, supervisors, managers, or any firm
or individual identified above in Section A and/or Section B,
ineligible to bid on or be awarded a public works contract, or Yes No
perform as a subcontractor on a public works contract, pursuant to
Labor Code section 1777. 1, Labor Code section 1777.7, or any
other federal, state, county, municipal or other local law providing
for the debarment of contractors from public works?
10. Has your firm, any of its officers, supervisors, managers, or any
firm or individual identified above in Section A and/or Section B
been convicted of a crime involving the awarding of a contract of a
government construction project, the bidding or performance of a Yes No
government contract, antitrust statutes, racketeering statutes, safety
and health regulations, environmental laws, laws banning
workplace discrimination, laws governing wages, hours or labor
standards, or laws involving fraud, theft, or any other act of
dishonesty?
11. Is your firm currently the debtor in a bankruptcycase?
00001're,
CdU
number and date on which the petition wasfiled.)
12. Has your firm, any of its officers, supervisors, managers, or any
firm or individual identified above in Section A and/or Section B
ever been terminated from a public works contract, including but Yes Nil:
not limited to termination based on any misconduct, such as failure
to comply with contractual, statutory, or other legal obligations
from any public construction project?
13. Does your firm, any of its officers, supervisors, managers, or any
firm or individual identified above in Section A and/or Section B
currently have any delinquent liability to an employee, the state, or
any awarding body for any assessment of back wages or related Yes N*
damages, interest, fines or penalties pursuant to any final judgment,
order, or determination by any court or any federal, state, or local
administrative agency, including a confirmed arbitration award?
* Public Contract Code section 20 10 1 (e) exempts from this requirement a contractor who has qualified as a small
4'vaiwov J11Xn1gvA_
provided in section 14837(d)(1)." As of January 1, 2001, the qualit/ing amount is $ 10 million, and 25 percent of that
amount, therefore, is $2.5 million.
in [I M I a III t:y sigagi r, I I I Im I u1i I Le 11 (M 1 (14111 IN 1104 FISM1161 It 11 ROO a 10010411 K I I IL*IVKI my 0
City of Downey Page 18 of 30
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VMMMOMMUMMAIM
4MM=,
[am
How many times has your firrn, or any of its officers, supervisors, or
managers, declared bankruptcy at any time during the last five years? 01 2 5+
(This question refers only to a bankruptcy action that was not, described in ),our answer
to Question I I in Section C. if yes, attach a copy of the bankruptcy petition showing the
case number and the date on which the petition was filed, a copy of the Bankruptcy
Court's discharge order or any other document that concluded the case if no discharge
order was issued.) I
2. How many times has your firni, or any of its officers, supervisors, or
managers. had an injunction, udgment, order, or lien entered against it 01 2 5+
for outstanding taxes assessed or fines, penalties and/or unpaid employee
wages at any time in the last five years?
(Explain on a separate sheet. Provide details, including the name of the government
agency, caption, date, case or docket number, and disposition. Be sure to note any
judgments or liens that have not been fully satisfied.)
3 How many times in the past five years, has your firm, or any of its
officers, supervisors, or managers, been a party in any civil litigation or
administrative proceeding alleging violation of any of the following: 01 2 5+
contract antitrust statutes, racketeering statutes, safety and health
regulations, environmental laws, laws banning workplace
discrimination, laws governing wages, hours or labor standards, or laws
involving fraud, theft, or any other act ofdishonesty?
(Explain on a separate sheet. Provide details including the nature of the claims and
ZD
defenses, caption, date, case or docket number, name or the court or agency before
which the case is pending or which it was heard, and current status.)
4. How many times in the past five years, has your firm, or any of its
officers, supervisors, or managers, been a party in any civil litigation or
administrative proceeding alleging a violation by a subcontractor hired 01 2 5+
by your firm of any of the following, contract antitruststatutes,
racketeering statutes, safety and health regulations, environmental laws,
laws banning workplace discrimination, laws governing wages, hours or
labor standards, or laws involving fraud, theft, or any other act of
dishonesty?
(Explain on as separate sheet. Provide details including the nature of the claims and
defenses, caption, date, case or docket number, name of the court or agency before
which the case is pending or which it was heard, and current status.)
City of Downey Page 19 of 30
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
Circle Answer
How many times in the past five years, has your firm, or any of its
officers, supervisors, or managers, paid any amount, fine oro e se, 01 2 5+
regardless of characterization, to settle any of the allegations listed in
Questions 3 and 4 above, whether with or without an admission of
responsibility or liability?
K6MTAkYr1 KAN 10119 IM I Is
6. How many times has your firm, or any of its officers, supervisors, or
managers, been debarred, suspended, disqualified, denied a classification 0 1 2 5+
rating or pre -qualification or otherwise been declared not responsible to
or prevented from bidding or performing work on any public works
contract or subcontract in the last five years?
(Explain on a separate sheet. State whether the firm involved was the firm applying for
pre -qualification here or another firm. Identify by name of the company, name of the
person within your firm who was associated with that company, date, owner of the
project, project name and information, basis for the action, and case or docket number.)
T How many times in the last five years has your firm been assessed and
paid liquidated damages after completion of a project under a 01 2 5+
construction contract with either a public or private owner?
(Explain on a separate sheet. Identify all such projects by owner, owner's address, date
of completion of the project, amount of liquidated damages assessed and all other
information necessary to fully explain the assessment of liquidated damages.)
How many times during the past five years, has any surety company
made any payments on your firm's behalf as a result of a default, to 01 2 5+
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?
(Explain on a separate sheet. Identify the amount of each such claim, name and
telephone number of the claimant, date of claim, grounds for claim, present status of
9. How many times in the last five years has any insurance carrier, for any
form of insurance, refused to renew an insurance policy for yourfirm? 01 2 5+
(Explain on a separate sheet. Name the insurance carrier, form of insurance, and year
of refusal.)
City of Downey Page 20 of 30
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
LO. How many times during the last five years, has your firm been denied
bond coverage by a surety company, or has there been a period of 012345+
time when your firm had no surety bond in place during a public
works construction project when one was.required?
(Explain on a separate sheet. Indicate the date when your firm was denied coverage,
which you had no surety bond in place.)
Criminal Matters,0 Civil it an Circle Answer
-
11. How many times has your firm, or any of its officers, supervisors, or
managers, ever been convicted of a crime involving any federal, state, or 01 2 5+
local law related to construction?
(Explain on a separate sheet. Identify who was involved, name of the public agency,
date of conviction, and grounds for conviction.)
12. How many times has your firm, or any of its officers, supervisors, or
managers, ever been found liable in a civil suit or convicted of a federal 01 2 5+
or state crime of fraud, theft, or involving any other act ofdishonesty,
such as making any false claim or material misrepresentations?
(Explain on a separate sheet. Identify the person or persons convicted or found liable,
court [the county if a state court, the district or location if federal court], year, and
conduct involved.)
T;-4T,TfiTTffe—ffloAowmg two %nesTions I Only
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
between a sub -contractor and a project owner. Also, you may it reference to
all disputes involving amounts of less than $50,000.
13. How many times in the last five years has any claim against your firm
concerning your firm's work on a construction project been filed in court 0 1 2 5+
or arbitration?
(Explain on a separate sheet. 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 [e.g.
"pending" or, if resolved, a brief description of the resolution].)
14. How many times in the last five years has your firm made any claim
Y gainst a project owner concerning work on a project or payment for a 01 2 5+
contract and filed that claim in court or arbitration?
(Explain on a separate sheet. Identify the claim(s) 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 [e.g. "pending" or if resolved, a brief description of
the resolution].)
City of Downey Page 21 of 30
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
C)ccupationa)ffeafth
_giad Safety Conlafia=
15. How many times in the last five years has CalOSHA cited and assessed
penalties against your firm for any "serious"willful" or "repeat" 01 2
violation(s) or the federal Occupational Safety and Health
Administration cited and assessed penalties against your firm for
violation(s) of safety or health regulations? I
Health Appeals Board has not yet ruled on your appeal, you need not include
information about
16. How many times in the last five years has the EPA or any Air Quality
Management District or any Regional Water Quality Control Board 01 2
cited and assessed penalties against either your firm or the owner of a
project on which your firm was the contractor? I
I MD- , III , I .1. •. I . t
ruled on your appeal, or if there is a court appeal pending, you need not include
information about the citation.
17. How many times within the last five years has there ever been aperiod
when your firm had employees but was without workers' compensation 01 2 5+
insurance or state -approved self-insurance?
pWFf-LYrFF0-2X,,=11r Caun ausence-M nor&ers, compensation insurance on a separati.
sheet. If "None," please provide a statement by your current workers' compensation
the last five years. If your firm has been in the construction business for less than five
liears, provide a statement by your workers' compensation insurance carrier verifying
fm-vmwvgv-bi-dte ier4rfdW7 &—ifMw�
been in the construction business.)
18. How many times during the last five years, has your firm been required
to pay back wages and/or penalties related to state orfederal 012345+
prevang wage laws for work performed by:vour fl,rFp?
(Explain on a separate sheet. Describe the nature of each violation and identify the
name of the iroject, date of its coW
was required to pay.)
NOTE: Question 18 refers only to the violation of prevailing wage laws by your
firm, not to violations by a subcontractor.
City of Downey Page 22 of 30
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
19. How many times during the last five years, has your firm or any
subcontractors hired by your firm been required to pay back wages
and/or penalties related to IL,-Ite or federalprevailing wage laws for
work performed by a&ubcontractor?
ON - M, - .•-1
I & I M11 Or," M [fr.) it I I ILTAI I rv-&M 07 ITITI 9 M8416
project, date ot its completion, public agency tor which it was constructe(l, number o
employees underpaid, and amount(s) of back wages and penalties your firm was
required to pay.)
NOTE: This question refers only to the violation of prevailing wage laws by
subcontractors, not to violations by your firm.
20. How many times during the last five years, has your firm paid any
penalties related to any provision of California apprenticeship laws or
regulations, or the laws pertaining to use of apprentices on public works
projects, including Labor Code sections 1777.5 and 1777.7?
(Explain on a separate sheet. Provide the date(s) of such findings, case number(s), and
attach copies of the Department's final decision(s).)
0 5+
21. How many times during the last five years, has any subcontractor hired
by your firm paid any penalties related to any provision of California 0
apprenticeship laws or regulations, or the laws pertaining to use of I
apprentices on public works projects, including Labor Code sections
1777.5 and 1777.7?
(Explain on a separate sheet. Provide the date(s) of such findings, case number(s), and
attach copies of the Department's final decision(s).)
NOTE: Omissions, misrepresentations and any failure
to disclose associations with other firms or any prior
history of alleged violations may lead to loss of your
eligibility to register as a Public Works Contractor,
disqualification of bids, and/or grounds for termination
of a contract.
City of Downey
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
0
M
Provide information about the firm's 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. Use separate sheets of paper that contain all of the following
information*:
For General Contractors: Only list projects your firm performed as the general contractor.
For Subcontractors: Only list projects your firm performed as the prime contractor if a single trade
job or as a subcontractor on a multiple trade contract. For multiple trade contracts, indicate the
general contractor's name and contact information.
The prospective Bidder must list at least three (3) projects completed since 2010 of size scope
and complexity similar to the project including:
1. Pond Restoration Project involving installation of linear product of 40 mil or greater.
2. Ponds "Wetlands Renovation" of 2.0 acres or larger in size.
Contractor must have five (5) "Yes" answers to be accepted to meet these qualification criteria.
Contractor is automatically considered not qualified if one (1) answer to any of the following
questions is No.
Contractor has:
1. An office in continuous operation for the last ten (10) years in Southern California.
Yes LJ No
2. Project Manager and Superintendent to be assigned to the project have successfully
completed on or more Pond Restoration Projects for governmental (Federal, State, or
local) or University agencies considered public sector clients under employment with
contractor.
Yes No
3. Has self -performed at least 51% of the work on each of the projects.
Yes U No
Project Name:
Location:
Owner:
Architect or Engineering Firm:
Architect or Engineer Contact
(name and current phone number):
City of Downey Page 24 of 30
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
Construction Manager (name and current phone number):
Inspector of Record (name and current phone number):
Description of Project, Scope of Work Performed:
Total Value of Construction
(including change orders):
Date Construction Commenced:
Original Contractual Completion Deadline:
Adjusted Completion Deadline Based on
Time Extensions Granted by Owner:
Actual Date of Completion:
General Contractor's Project Manager (lead contact in office), if applicable:
* You may also provide information about other projects that you have completed that are similar to the project(s) for
which you expect to bid using the same format.
City of Downey Page 25 of 30
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
Fal
Questionnaires submitted by corporations must be signed with the legal name of the corporation,
followed by the name of the state of incorporation and by the signature and designation of the
chairman of the board, president or any vice president, and then followed by a second signature by
the secretary, assistant secretary, the chief financial officer or assistant treasurer. All persons
signing must be authorized to bind the corporation in the matter. The name of each person signing
shall also be typed or printed below the signature. Satisfactory evidence of the authority of each
officer signing on behalf of a corporation shall befurnished.
Questionnaires submitted by partnerships must furnish the full name of all partners and must be
signed in the partnership name by a general partner with authority to bind the partnership in such
matters, followed by the signature and designation of the person signing. The name of the person
signing shall also be typed or printed below the signature.
Each person signing below makes the following representations under penalty ofperjury:
The submitter of the foregoing answers to the questionnaire has read the same and the matters
stated therein are true to the best of his or her own personal knowledge. This information is
provided for the purpose of qualifying to bid on the Project, and any individual, company or other
agency named herein is hereby authorized to supply the awarding body with any information
necessary to verify the prospective bidder's statements. By signing below, the submitter and the
named contractor hereby grant permission to the [Public Entity] to contact any or all of the above
listed persons or entities to confirm facts or otherwise investigate the above facts and issues.
The submitter understands that any statement which is proven to be false shall be grounds for
immediate disqualification from bidding on the Project. The submitter whose signature appears
below represents and warrants that he or she has authority to bind the named contractor.
I, _ (Name), the undersigned, am the
(Title), with the authority to act for and on behalf of
(Contractor Entity Name), declare under penalty of perjury under the laws of theState of California
that the foregoing information provided in this Pre -qualification Questionnaire is true, full, and
correct.
I understand that making a false statement may result in disqualification from bidding on any
public works project, registering as a Public Works Contractor with the Department of Industrial
Relations, and may be grounds for termination of a public works contract.
Executed on this. .day of at
(Date) (Month / Year) (City / State)
Name of Contractor Representative:
Signature of Contractor Representative:
City of Downey Page 26 of 30
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
City ofDowney Page 27of30
Request for Pre -Qualification
Section D. PRE -QUALIFICATION CRITERIA QUESTIONS AND
SCORING
_^
Notes: The awarding body will review additional documents provided by the Contractor in
A score on a scale of 1 to 5 is assigned to each factor.
Factor #1:Ascore of1isassigned where the incident bclearly the result ofa hhrnistake'
and a score of 5 is assigned where the incident is clearly an overtly willful action for which the
Contractor isculpable.
Factor #2:A score of 1 is assigned where oniy a single incident exists, and a score of 5 is assigned
where five ormore incidents ofthat kind are reported.
A contractor is PRE -QUALIFIED if the total score above is: 35 points orLESS.
City ofDowney Page 28of30
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
City ofDowney Page 29of30
Request for Pre -Qualification
Wilderness Park Pond Restoration Project
1111i'll 110r�
es i Or s a r -e UAVUrl-dram art I Tj, E) el. Nc age n cl, Eo 111 1
identified as "project references" in Section E of the questionnaire.
1. Give a brief description of the project.
2. Are there any outstanding stop notices, liens, or claims by the contractor that are currently
C Did the contractor provide adequate supervision?
5. Was there adequate equipment provided on thejob?
EMM
7. Did the contractor adhere to the approved project schedule?
8. Was the project completed on time?
9. Did the contractor timely submit reasonable cost and time estimates to perform change order
work?
IFIN 11`11•ITIOMMOIN am,
AMM=
w1wrimm =-I
City of Downey Page 30 of 30
J 6 9 9' y<
9 9
WFUM01flun ut we Umlaut, MuGuIng mis
indemnity provision.
this indemnity provision.
I NEI W011TIEF1111 E
Contractor shall assume all responsibility for damages to property or injuries to persons, including accidental
death, which may arise out of or may be caused by Contractors performance of this Contract, by its
may be discovered, before or after termination of this 'Contract.
Contractor shall obtain, is for, and maintain during the life of this Contract an �'occurren& policy for
Commercial General Liability, including Contractual Liability, and an Automobile Liability policy that shall
protect it and the City from claims for injuries and damages. The insurance company shall be an "admitted"
insurer in the State of California; shall be domiciled within, and organized under the laws of, a State of the
United States7 and shall cargi an A.M, B;R4��
City of Downey, its officers, agents, and employees as additional insureds under the policy.
Unless specified otherwise in the Contract Special Conditions, the coverage shall provide the following
minimum limits:
A. COMMERCIAL GENERAL LIABILITY INSURANCE a combined single limit policy with aggregate
limits of not less than 'PJVO MILLION DOLLARS ($�,000,000) for bodily injury, death, or property
damage; and
8. AUTOMOBILE LIABILITY INSURANCE a combined single limit policy of not less than ONE
MILLION DOLLARS ($1,000,000) for bodily injury, death, or property damage, endorsed for all
vehicles, whether owned, scheduled, hired or non -owned.
Ail policies shall contain a "Severability of Interests" clause and a "Primary Coverage" clause for any loss
Contractor understands and agrees that all persons fumishing services to the City under this Contract are, for
the purpose of workers' compensation liability, employees solely of Contractor and not of the City. Contractor
shall bear the sole responsibility, liability, and costs of furnishing workers' compensation benefits to its
employees, or anyone it directly or indirectly employs, for injuries arising out of or connected vvith services
performed on behalf of Contractor.
Contractor shall obtain, pay for, and maintain for the duration of this Contract, complete workers' compensation
insurance. Ti he City of Downey shall not be responsible for any claims at law or in equity caused by
Contractor's failure to comply with this paragraph, Contractor shall provide proof of workers' compensation
coverage by furnishing the City with an insurance certificate or a certificate of consent to seff-insure.
Allworkers' compensation insurance policies shall bear an endorsement, or shall attach a rider, which provides
that the carrier will notify the City, by registered mail, at least 30 days in advance of the policy's expiration,
termination, or cancellation.
BUILDERS RISKJCOURSE OF CONSTRUCTION INSURANCE
A. When specified in the Contract Special Conditions, the Contractor shall obtain and maintain during
the life of the Contract, in the name of the Contractor and the City, "all risk" builders riskicourse of
construction insurance issued on a completed value form covering the entire work of the Contract for
100% of the replacement value thereof without deductibles. Such insurance shall include items of
labor and materials in place or to be used as part of the permanent construction, •
miscellaneous materials and supplies incident to the work, temporary buildings, -debris removal, and
false work, staging, towers, forms and equipment, whether or not owned or rented by the Contractor,
and demolition required by the enforcement of any Contract, law or regulation. Such insurance shall
also include coverage • damage due to earthquake and flood.
B. In the event of a loss by the perils insured against, of any or all of the work and/or materials herein
provided for, at any time prior to the final completion of the Contract and the final acceptance by the
City, the Contractor shall promptly reconstruct, repair, replace or restore all Work or materials so
destroyed.
C. Nothing herein provided • shall in any way excuse the Contractor • his/her surety from the
obligation of furnishing all the required materials and completing the work in full compliance with the
terms of the Contract.
I . The coverages are primary to any other applicable insurance coverage carried by the City.
2. The Contractor and the insurance company waive all rights of subrogation and contribution
against the City, its officers, employees, elected officials, attorneys, members of boards and
commissions, agents and volunteers; and
3. The policy shall not be canceled nor the above coverages/ endorsements reduced withou)
60 • written notice to the City.
A. Contractor shall have its insurance carrier(s) complete and execute the following documents, together
with a copy of each insurance policy required under the Contract, including all endorsements thereto,
which shall be delivered to the City Engineer within 14 calendar days following issuance of the Notice
of Award:
• r�
Form entitled: Commercial General Liability[Automobile Liability/Special Endorseme
attached hereto as •
2. Proof of Workers' Compensation Insurance, or if Contractor is self-insured for worker's
compensation, a self-insuring certificate therefore from the State of California.
3. Form entitled: Certificate of Insurance, with 30 days prior notice of cancellation required as
to all coverage and policies.
The Notice to Proceed will not be issued until the aforesaid insurance documents have been received
and approved by the City. City's decision as to the acceptability of all insurance documents is final.
No substitution of the form of the documents or the endorsements or amendments thereto will be
permitted without the prior written consent of City.
A Faithful Performance Bond in an amount equal to One Hundred percent (100%) of ttri
Contract price in the form shown in Exhibit "B-1 " attached hereto.
2. A Payment Bond (Labor and Material) in an amount equal to One Hundred percent (100%)
of the total Contract price in the form shown in Exhibit "B-2" attached hereto.
3. When specified in the Contract Special Conditions: A Maintenance • in an • equal
• Ten percent (10%) of the total Contract price in the form shown in Exhibit 'B -X attached
•
B. All such bonds shall be accompanied by a power of attorney from the surety company authorizing the
person executing the bond to sign on behalf of the company. If the bonds are executed outside the
State of California, a California representative of the surety must countersign all copies of the bonds.
The signature of the person executing the bond shall be acknowledged by a Notary Public as the
signature of the person designated in the power • attorney.
C. The surety or sureties on all bonds furnished must be satisfactory to the City. City will reject surety
bonds obtained from any company whicf , tz, , , an admitted surety insurer under the laws of the State
• California and which does not • a Certificate of Authority from the U.S. Secretary of the
Treasury
•- 31 U.S.C. as an acceptable surety on Federal bonds. The surety must also •' listed
in the latest edition of U.S. Department of Treasury Circular 570, and the bonds provided must not
exceed the surety's bonding limitations as set forth in Circular 570.
D. If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or
become non -responsible or otherwise unacceptable to City, City may require other new or additional
sureties, which the Contractor shall fumish to the satisfaction of City within ten (10) days after notice,
and in default thereof the Contract may be suspended and the materials may be purchased or the
work completed as provided in Article 5 herein.
E. No modirications or alterations made in the work to be performed under the CorTtract or the time of
performance shall operate to release any surety from liability on any bond or bonds required to •'
given herein. The SUrelyr shall waive notice of such events.