HomeMy WebLinkAbout2009-11-03; City Council; 20034; Advertise Approve Proc Pre Qual Bids on JFRTF/CS*5&i\/®dOs&\/£/>s«<»-">»*x\<* \10
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AB# 20.034
MTG. 11/03/09
DEPT. ENG.
AUTHORIZATION TO ADVERTISE FOR BIDS AND APPROVE
PROCEDURE FOR PRE-QUALIFICATION OF CONTRACTORS
SEEKING TO BID ON
JOINT FIRST RESPONDERS TRAINING FACILITY,
PROJECT NO. 3686
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DEPT. HEAD ffjZjjrJ'
CITYATTY. <^^
CITY MGR. (AJ^—
RECOMMENDED ACTION:
Adopt Resolution No. 2009-280 approving plans and specifications, and authorizing the City Clerk
to advertise for bids for the construction, and approving a Procedure for Pre-Qualification of Contractors
Seeking to Bid on the Joint First Responders Training Facility (JFRTF), Project No. 3686.
ITEM EXPLANATION:
The proposed Joint First Responders Training Facility (JFRTF) is located within the area encompassed
by Orion Street and Orion Way near the City's police station known as the Safety Center site, shown on
Exhibit 1. On February 13, 2008, the City entered into an agreement with RRM Design Group to perform
the preliminary design, final design, preparation of plans and specifications, and bid assistance services
on the JFRTF. Plans and specifications have been completed and are on file in the Engineering Department
for the construction of the Joint First Responders Training Facility which includes the following:
• Police and fire training grounds including car extrication area, trench rescue area, an underground
confined space rescue area, artwork site with interlocking pavers, site lighting, perimeter security
wall, and site landscaping plus low impact elements including vegetated swale, prefabricated
bioretention, and detention basins.
• A Shooting Range/Classroom Building containing a police firing range (25 yard handgun and 100
yard rifle training), a dedicated room for firearms/judgment training simulator, offices, storage rooms,
restrooms, and classroom.
• Two (2) fire training burn prop buildings, each listed with a separate deductive bid item
o Commercial burn prop which includes a four story training tower (Bid Alternate 1)
o Residential burn prop having two stories and a backyard fence (Bid Alternate 2)
Because of the complexity of the project and the specialized equipment for the shooting range targeting
system and the fire training burn props, staff is recommending that contractors seeking to bid on the
project be pre-qualified to perform the work. Pre-qualifying General Contractors for this project will benefit
the project as it will enable the City to accomplish the following: (1) screen the contractors to meet
specified minimum requirements; (2) expedite the procurement process by resolving contracting
issues early on; and (3) inform potential bidding contractors about the general scope of work and
critical project components prior to placing the project out to bid; thereby facilitating more responsive
bids.
DEPARTMENT CONTACT: William Plummer, (760) 602-2768, bill.plummer@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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Public Contract Code Section 20101 allows a public agency to establish a pre-qualification
procedure. The law requires every public agency that creates a pre-qualification procedure to develop
and adopt a standardized questionnaire that applies a uniform system of rating bidders on objective
criteria on the basis of information submitted and create an appeal procedure by which a
prospective bidder can challenge its pre-qualification rating prior to the closing time for receipt of bids.
The California State Department of Industrial Relations developed model guidelines for rating bidders,
and drafted a standardized questionnaire. Using the guidance provided in their model, the attached
questionnaire, Exhibit 3, was developed that is more specific to the proposed project.
The Appeal Procedure is attached as Exhibit 4. The City Manager or designee has been assigned the
responsibility to review all appeals.
ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program was prepared
for the Joint First Responders Training Facility (CUP 08-15). The Notice of Intent (NOI) to adopt a MND
was published in the newspaper October 8, 2008, and sent to the County Clerks Office for a 20-day public
review (October 9, 2008 - October 29, 2008). No comment letters were received during the 20-day review
period. The MND was approved by the Planning Commission on November 19, 2008 in compliance with
the California Environmental Quality Act (CEQA) Guidelines Section 15074.
FISCAL IMPACT:
Table 1 shows the project cost for the JFRTF with the understanding that payment of prevailing wages
are not required.
TABLE 1 - ESTIMATED PROJECT COSTS
FOR JOINT FIRST RESPONDERS TRAINING FACILITY
DESCRIPTION
PRELIMINARY AND FINAL DESIGN (completed)
Preliminary Study by P&D Consulting
Feasibility, Planning, and Conceptual Studies by RRM
Preliminary Design, Environmental Review, and Conditional Use Permit
Final Design, Plans, Specifications, and Building Permit
Financial Review by Rosenow Spevacek Group (RSG)
Miscellaneous expenses
Subtotal
CONSTRUCTION
Engineer's Estimate of Probable Construction Cost (Prepared by RRM)
Construction Contingency
Construction Management & Inspection (to be performed by Dudek)
Engineering Support during construction (to be performed by RRM)
Geotechnical Services grading and material testing (to be performed by Leighton)
Post Construction Warranty Review (to be performed by RRM)
Subtotal
MISCELLANEOUS
Water and Recycled water Capacity Fees, budget amount
ESTIMATED
COSTS
$41,000
170,000
633,000
934,000
34,000
21,000
$1,833,000
$14,000,000
1,400,000
854,000
450,000
196,000
28,000
$16,928,000
$120,000
Page 3
DESCRIPTION
Sewer Capacity Fees, budget amount
Public Art, budget amount at 1% of construction
Pre-Opening Expense, budget amount
Furnishings, Fixtures and Equipment (FF&E), budget amount
Miscellaneous Items, Dry Utilities, budget amount
Subtotal
TOTAL
Project Contingency
Total Project Cost
CURRENT APPROPRIATION
ADDITIONAL APPROPRIATION REQUIRED
ESTIMATED
COSTS
15,000
154,000
50,000
330,000
170,000
$839,000
$19,600,000
$1,400,000
$21,000,000
$24,500,000
$-0-
The JFRTF uses $13,650,000 from the Proposition C funds ($950,000 was previously budgeted from
Prop C funds) and $10,850,000 in Unreserved Undesignated General Fund Balance. Using $13,650,000
in Proposition C funds leaves a balance of approximately $5,000,000 for allocation to other Proposition C
eligible projects. The current status of the Joint First Responders Training Facility project is shown in
Table 2 below.
TABLE 2 - CURRENT EXPENDITURES
FOR JOINT FIRST RESPONDERS TRAINING FACILITY
TASK DESCRIPTION
Design
Construction, Inspection,
Materials Testing
Studies and Reports
TOTAL
CURRENT YEAR
APPROPRIATION
$1,876,510
22,589,490
34,000
$24,500,000
CURRENT YEAR
EXPENDITURES/
ENCUMBRANCES
$1,602,483
151,392
34,000
$1,787,875
REMAINING
BALANCES
$274,027
22,438,098
0
$22,712,125
From the report prepared by RSG in September 2009, the preliminary estimated annual maintenance
and operating budget for the JFRTF, assuming City use of the facility only, is shown in Table 3 below.
TABLE 3 - OPERATION AND MAINTENANCE BUDGET
FOR JOINT FIRST RESPONDERS TRAINING FACILITY
DESCRIPTION
Police Shooting Range
Fire Burn Props
Public Works Maintenance & Operations
Salary and Benefits Costs
Operating Costs currently budgeted
Training Cost Savings
TOTAL NET NEW ANNUAL ESTIMATED M&O BUDGET
Annual Estimated Replacement Cost
TOTAL NET NEW ANNUAL ESTIMATED BUDGET
ESTIMATED COST
$158,000
65,000
58,000
110,000
(131,000)
(206,000)
$54,000 (a)
270,000 (b)
$324,000 (c)
(a) The Net New Annual Estimated M&O Budget amount of $54,000 represents the net increase to
the City's General Fund Operating Budget in order to operate and maintain the Joint First
Responders Training Facility when taking into account all the currently budgeted appropriations
savings that could be used for the Joint First Responders Training Facility.
Page 4
(b) Annual Estimated Replacement Cost represents a conservative annual amount that would be
transferred into the Infrastructure Replacement Fund for the replacement of the Joint First
Responders Training Facility at the end of its useful life. The Finance Department will be
analyzing the Infrastructure Replacement Fund to determine if the annual contribution to the
Infrastructure Replacement Fund will need to be adjusted to accommodate the inclusion of the
Joint First Responders Training Facility into the transfer calculation.
(c) The Total Net New Annual Estimated Budget of $324,000 represents the estimated net increase to
the City's General Fund Operating Budget if the annual Infrastructure Replacement Fund transfer
needs to be increased by $270,000.
EXHIBITS:
1. Location Map.
2. Resolution No. 2009-280 approving a Procedure for Pre-Qualification of Contractors
Seeking to Bid on the Joint First Responders Training Facility (JFRTF), Project No. 3686.
3. Pre-Qualification Questionnaire
4. Appeal Procedures.
4-
LOCATION MAP
NOT TO SCALE
PROJECT NAME
JOINT FIRST RESPONDERS TRAINING FACILITY
PROJECT
NUMBER
3686
EXHIBIT
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DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 8/18/09 C:\CAPITAL\PLUUUER\3686.DWG 5"
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RESOLUTION NO. 2009-280
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CARLSBAD, CALIFORNIA, APPROVING THE PLANS AND
SPECIFICATIONS, AUTHORIZATION TO ADVERTISE FOR
BIDS, AND PRE-QUALIFICATION OF CONTRACTORS
SEEKING TO BID ON THE JOINT FIRST RESPONDERS
TRAINING FACILITY. PROJECT NO. 3686.
WHEREAS, the Joint First Responders Training Facility is necessary to meet the training
needs of the City's First Responders personnel; and
WHEREAS, the plans and specifications for furnishing of all labor, materials, tools,
equipment, transportation, and other expenses necessary or incidental to the Joint First
Responders Training Facility, Project No. 3686, have been prepared and are on file in the
Engineering Department of the City of Carlsbad and are incorporated herein by reference; and
WHEREAS, funding for said project has been appropriated from Proposition C funds and
in the Unreserved Undesignated General Fund in the 2009/2010 Capital Improvement Program in
the amount of $24,500,000 to cover all project costs and is sufficient; and
WHEREAS, payment of prevailing wages will not be required as part of the construction
contract; and
WHEREAS, Public Contract Code ("PCC") §20101 authorizes cities to pre-qualify
contractors who wish to bid on public works contracts; and
WHEREAS, it is in the public interest for the City to implement a program for pre-
qualifying contractors seeking to bid on certain public works projects; and
WHEREAS, among other things, PCC §20101 requires a City to adopt a standardized
questionnaire and appeals procedure that will allow contractors to appeal .decisions regarding their
qualifications to bid on a project requiring pre-qualification.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
07 1. That the above recitations are true and correct.
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4 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to
5 publish, in accordance with State law, a Notice to Contractors Inviting Bids for the Joint First
6 Responders Training Facility, Project No. 3686, in accordance with the plans, specifications, and
contract documents referred to herein.
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2. That the plans, specifications, and contract documents for the Joint First
Responders Training Facility, Project No. 3686 are on file in the Public Works-Engineering
Department of the City of Carlsbad and are hereby approved.
UUIIllclUl U
4. That the uniform system of rating prospective bidders and process to allow
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prospective bidders that are not pre-qualified to dispute the decision in accordance with Section
10 20101 of the Public Contract Code are hereby approved.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the Citv of Carlsbad on the 3rd dav November, 2009. bv the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: Council Member Packard.
ABSENT: None.
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JDE A LEWIS, Mayor
ATTEST:
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i/ LORRXlNE M. WOOD, City Clerk
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EXHIBIT 3
CITY OFCARLSBAD
Request for General Contractor
Pre-Qualiflcations
for
JOINT FIRST RESPONDER TRAINING FACILITY
November 3, 2009
TABLE OF CONTENTS
Page No. Description
4 INSTRUCTIONS TO GENERAL CONTRACTORS
4 Project Description
5 Prequalification Process and Submittal Address
6 Submittals and Qualifications
6 Appeal Procedures
7 Duty to Inquire
7 Disclaimer
7 Proprietary Information
7 Application of the Public Records Act
7 Evaluation
8 Schedule of Events
9 FORMAT FOR PROPOSAL SUBMISSION
9 Submittal Requirements
9 Cover Letter
9 Table of Contents
9 ATTACHMENT A (Listing of Lawsuits or Litigation)
10 GENERAL INSTRUCTIONS FOR PRE-QUALIFICATION OF GENERAL CONTRACT
BIDDERS
12 APPENDIX A - PRE-QUALIFICATION QUESTIONNAIRE
13-14 Part I. Essential Requirements For Qualification
15-23 Part II. Organization, History, Organizational Performance, Compliance With Civil and
Criminal Laws
24 Part III. Recent Construction Projects Completed
25 Certification Statement
26 SUMMARY OF THE SCORABLE QUESTIONS AND THE SCORING
INSTRUCTIONS
\o
JOINT FIRST RESPONDER TRAINING FACILITY BID PRE-QUALIFICATION
INSTRUCTIONS TO GENERAL CONTRACTORS
PROJECT DESCRIPTION: City of Carlsbad will be constructing the new Joint First Responder Training
Facility (JFRTF) in Carlsbad. The 4.06-acre site for the facility is located at 2560 Orion Way. The project
consists of three primary buildings plus the training grounds and associated structures, see attached
Architectural Site Plan. Lump Sum/Competitive Bid Estimated Range of Construction Cost is $14,000,000
to $16,000,000. Listed below are general descriptions of each building and their uses.
Shooting Range/Classroom Building - 36,697 SF
The Shooting Range and Classroom Building is intended to be used for specialized training of firearms.
This facility is for police and fire personnel use, but the design allows for public access. The 2-story
structure will consist of concrete masonry, wood framing and steel construction. The ground floor has a 25
yard shooting range, a 100 yard shooting range, a range master's office, armory, simulated training room,
range control room, storage room, conference room, storefront props, restrooms, range equipment
storage, fire training storage and a covered specialty vehicle parking area. The second floor contains two
classrooms, a breakout area, janitor room, storage rooms and restrooms.
Each firing range will be ventilated by roof mounted supply fans and exhaust fans. Roof-top packaged
gas-electric units will provide tempered air at the ready areas for each range. Each target area will include
a laptop based programmable control system located in the range control room, utilizing pneumatic
actuators for fixed position turning targets and dual running man targets. The targeting system will be
interfaced with a target lighting/dimming system. The targeting system will allow remote control of target
courses from within the range.
At the respective 25 yard and 100 yard firing lines, a horizontal air-space baffle ceiling system composed
of steel plate /fiberglass composite and sacrificial surfacing is to be provided. Also included is a sound
system, smoke system, vehicle light bars all powered and controlled from the range control room to allow
use in situational fire arms training scenarios.
Commercial Burn Prop - 6,558 SF
This is a 5-story concrete masonry burn prop training tower that will be used for high-rise, industrial, and
"walk-up apartment" residential training scenarios, repelling, and other technical training maneuvers.
Computerized natural gas fire and artificial smoke simulation systems provide for enhanced and safe fire
training. A fire sprinkler demonstration area will also be utilized for public education purposes.
Residential Burn Prop - 2,246 SF
This is 1 and 2-story concrete masonry building that will be used for residential training scenarios and
other technical training maneuvers. Computerized natural gas fire and artificial smoke simulation systems
provide for enhanced and safe fire training. This building includes moveable maze panels, roof and attic
penetration props.
Concrete Rodeo/Drill Grounds
Additional training props on the grounds include underground confined space prop, portable car fire prop,
and an auto extrication area. Overhead lighting, a 6-foot high concrete masonry and perforated metal
perimeter wall, landscaping, and utilities are included in the project.
PRE-QUALIFICATION PROCESS AND SUBMITTAL ADDRESS
Due to the magnitude and complexity of the Joint First Responder Training Facility, the City has decided
to follow a process involving two steps in the selection and award of the General Construction contract.
The first step is the pre-qualification of bidders wherein all prospective contractors are required to fill out
and submit answers to a Pre-Qualification Questionnaire (see Appendix A). Those contractors selected
under this first step will be advanced to the second step in the process, which will be the issuance of a
formal Invitation to Bid (ITB). ITB's then will be sent out only to those firms determined to be pre-qualified
as a result of the first step. Following bid openings, the City intends to award the General Construction
contract to the lowest responsive bidder.
Under the first step, the City is issuing the attached Pre-Qualification Questionnaire in order to identify
those Construction firms who qualify as contractors under the criteria stated therein. Based on the criteria
stated in the attached Pre-Qualification Questionnaire, the City will determine which firms are qualified to
bid. A complete response to the qualification will consist of providing the forms and supplemental
information requested on the Pre-Qualification Questionnaire.
Interested firms must submit one (1) original with wet signature, and four (4) copies of their completed
responses to the Pre-Qualification Questionnaire in hard copy and a CD containing an electronic copy to
the City of Carlsbad's Engineering Department at the address stated below.
Place all hard copies of the completed responses and the CD in a sealed envelope or package clearly
marked on the exterior with the words "PRE-QUALIFICATION CITY OF CARLSBAD JOINT FIRST
RESPONDER TRAINING FACILITY", and the name and address of the offerer no later than 5:00 P.M.
PST on December 15,2009.
Proposals shall be delivered to: City of Carlsbad
Public Works - Engineering Department
William Plummer, Deputy City Engineer
1635 Faraday Avenue
Carlsbad CA. 92008
LATE PROPOSALS WILL NOT BE ACCEPTED - NO EXCEPTIONS
Contractors shall assume full responsibility for timely delivery at the location designated for receipt of the
Pre-Qualification Questionnaire. Oral, telephonic, facsimile, telegraphic or E-mailed Prequalification
Questionnaires are invalid and will not be accepted. No Pre-qualification Questionnaires will be
accepted after the due date and time.
Questions and requests for clarification related to definition or interpretation of this pre-qualification
must be requested in writing and received on or before 5:00 PM December 1, 2009 to allow an Addendum
to this Request For Prequalification to be posted in a timely manner. These questions must be submitted
in writing by Email, fax, or mail, to:
City of Carlsbad
William Plummer, Deputy City Engineer
1635 Faraday Avenue
Carlsbad, CA 92008
Bill.Plummer@Carlsbadca.gov
Fax: 760-602-8562
If questions are mailed, they must be received no later than December 1, 2009. Oral explanation or
instructions shall not be considered binding on behalf of the City. Any modification to this pre-qualification
package will be issued by the City as a written addendum.
NOTE: This solicitation is available for download from the City's Internet site at
www.carlsbadca.gov
Use the Quick Link "Bidding Opportunities" on the left side of the page to open the Purchasing
home page.
Use the Quick Link "Current Bid Opportunities" on the left side of the page to open the list of
current projects.
Select project 3686, REQUEST FOR QUALIFICATIONS FOR CONSTRUCTION OF THE JOINT
FIRST RESPONDER TRAINING FACILITY
At the lower left corner of the individual solicitation is a link to 'Request Bid Documents', which will
open a download screen, or a login screen if you are not currently logged in.
You will need to login (or register and login) in order to download the documents. This will also
register you as a prospective bidder for the project so that you will receive automatic email notification of
any addenda.
Although registered contractors who have provided an email will be notified of the availability of any
addenda, it is still the Contractors' responsibility to check for addenda.
SUBMITTALS AND QUALIFICATION The City reserves the right to withdraw this prequalification
requirement at any time without prior notice. Further, the City makes no representations that any contract
will be awarded to any offerer responding to this pre-qualification process. The City expressly reserves
the right to reject any and all responses and to deem any and all vendors as non-responsive to this
qualification. The City expressly reserves the right to waive any minor irregularities, and, at its sole option,
may request clarification and/or additional information from one or more potential vendors without
obligating itself to request such additional information from all potential vendors.
The City shall not be liable for any pre-qualification expenses incurred by any offerer or by the selected
firms. The City shall be held harmless and free from any and all liability, claims, or expenses whatsoever
incurred by, or on behalf of, any person or organization responding to this qualification. No prior, current,
or post award verbal conversation or agreement(s) with any officer, agent, or employee of the City shall
affect or modify any terms or obligations of this qualification, or any contract resulting from this
procurement.
APPEAL PROCEDURES
The list of pre-qualified contractors under the Pre-Qualification Questionnaire will be posted on the
website. Any prospective Contractor who failed to qualify may appeal the City's decision. All appeals shall
be in writing and must be received within five (5) working days after posting of the list of qualified
contractors. Appealing Contractor shall clearly state the ground for the appeal.
Where a timely and completed application results in a rating below that necessary to pre-qualify, an
appeal can be made. An appeal is begun by the Contractor delivering notice, to DEPUTY CITY
ENGINEER, of its appeal of the decision with respect to its pre-qualification rating, no later than five (5)
business days after receipt of City of Carlsbad's pre-qualification rating. Without a timely appeal, the
Contractor waives any and all rights to challenge the decision of City of Carlsbad, 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 seven (7) business days after the Deputy City Engineer's
receipt of the notice of appeal. The hearing shall be an informal process conducted by "CITY MANAGER
/3
OR DESIGNEE", to hear such appeals (the "Hearing Officer"). At or prior to the hearing, the Contractor
will be advised of the basis for City of Carlsbad'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 Hearing Officer will render its decision. It is the intention of
City of Carlsbad that the date for the submission and opening of bids will not be delayed or postponed to
allow for completion of an appeal process.
Note: A contractor may be found not pre-qualified for bidding on a specific public works contract to
be let by City of Carlsbad, or on all contracts to be let by City of Carlsbad until the contractor
meets City of Carlsbad's requirements. In addition, a contractor may be found not pre-qualified for
either:
(1) Omission of requested information or
(2) Falsification of information
DUTY TO INQUIRE
Should Contractors find discrepancies in or omissions in the Pre-Qualification Questionnaire, or should
there be any doubt as to meaning, the Contractors shall at once notify William Plummer, Deputy City
Engineer in writing. Should it be found by the City that the point in question is not clearly and fully set
forth, an Addendum will be made available through the City's Website. The City will not be responsible
for any oral instructions nor for any written materials provided by any person other than William Plummer,
Deputy City Engineer.
DISCLAIMER
This qualification does not commit the City to establish a list of qualified Construction firms, to pay costs
incurred in the preparation of a response, or to procure or contract for any services. The City reserves the
right to accept or reject any or all Pre-Qualification Questionnaires received as a result of this
qualification, or to seek clarification with any qualified source or to cancel in part or in its entirety this
qualification if it is in the best interest of the City.
PROPRIETARY INFORMATION
All Construction Bidder Pre-Qualification Questionnaires become the property of the City.
APPLICATION OF THE PUBLIC RECORDS ACT
Assembly Bill 574 provides that "The questionnaire and financial information shall not be public records
and shall not be open to public inspection; however, records of the names of contractors applying for
prequalification status shall be public records subject to disclosure" under the Public Records Act.
(Section 20101 [a]).
EVALUATION
The Qualification Evaluation Committee shall provide a written recommendation as to the firms found
qualified and responsible and shall identify those found not qualified and the reason for the finding.
The City reserves the right to request clarification and/or hold discussions requesting additional
information or clarifications from a firm if necessary. Such clarifications or additional information shall be
submitted by the firm as a modification to the Pre-Qualification Questionnaire. The fact that the City may
request such clarification from one firm does not obligate it to seek similar clarification from any other firm.
Each Pre-Qualification Questionnaire will be evaluated based on the information submitted in the
Questionnaire plus any other additional information developed by the City. The City further reserves the
right to require interviews. The interviews, if required, will be for the purpose of assisting the City in
determining whether or not the firm meets the qualification criteria outlined herein.
/f
SCHEDULE of EVENTS
DESCRIPTION
Advertisement for Pre-Qualifications:
Deadline for Pre-Qualification Questions:
Pre-Qualifications Package Submittal:
Staff Review of Submittals:
Notification of Qualified General Contractors:
Release of JFRTF Construction Bid Packages:
Pre-Bidders Meeting:
JFRTF Construction Bid Opening:
DATE
November 4 - November 30, 2009
December 1,2009
December 15, 2009
December 16, 2009 - January 8, 2010
January 15, 2010
January 25, 2010
February 4, 2010
February 26, 2010
FORMAT FOR PROPOSAL SUBMISSION
All proposals are to be submitted in compliance with the following format. Each section shall be
completed, and shall be submitted in the order outlined below to facilitate evaluation. Each proposal
shall be presented in a bound 814-inch by 11-inch format and no smaller than 12 point font. The
response to the Request for Qualifications is limited to 28 single sided pages or 14 double sided pages.
Additional information such as full length resumes may be included in an appendix. Promotional or
marketing information is discouraged and will not be considered. An authorized representative of the
Firm must complete and sign the completed Pre-Qualification Questionnaire.
SUBMITTAL REQUIREMENTS
Cover Letter
Title Page
Table of Contents (Index)
Blank Tab Pages
Response to Pre-Qualification Questionnaire
Confidential Financial Data (One only provided in a separate sealed envelope)
Employee Resumes'
Listing of Lawsuits or Litigation (Attachment A)
Qualification Statements shall not include proposed fee or compensation amounts. Qualification
Statements not complying shall be considered non-responsive to the submittal requirements and will not
be evaluated.
COVER LETTER REQUIRED CONTENTS
Include the following information:
Full legal name and position of contact person
Mailing address of organization
Telephone number (including fax)
State of Incorporation (for corporations)
Type of partnership (general or limited)
Names of all General Partners (if applicable)
Contractor License Number(s)
Tax Identification Number of organization
TABLE OF CONTENTS
Provide a comprehensive list of the material in the proposal with reference to Section Numbers, and Page
Numbers.
ATTACHMENT A (Listing of Lawsuits or Litigation)
The Listing of Lawsuits or Litigation (Attachment A) shall immediately follow. Statements failing to provide
the requested information on lawsuits or litigation will be considered non-responsive and will not be
evaluated. Responses to Attachment A which assert attorney-client privilege and fail to provide the
requested information will also be considered non-responsive to the submittal requirements and will not
be evaluated.
GENERAL INSTRUCTIONS FOR
PRE-QUALIFICATION OF GENERAL CONTRACT BIDDERS
Notice is hereby given that City of Carlsbad has determined that all bidders on the Joint First Responders
Training Facility must be pre-qualified prior to submitting a bid on that project. It is mandatory that all
Contractors who intend to submit a bid, fully complete the pre-qualification questionnaire, provide all
materials requested herein, and be approved by City of Carlsbad to be on the final qualified Bidders list.
No bid will be accepted from a Contractor that has failed to comply with these requirements. If two or
more business entities submit a bid as part of a Joint Venture, or expect to submit a bid as part of a Joint
Venture, each entity within the Joint Venture must be separately qualified to bid. The last date to submit a
fully completed questionnaire is December 15. 2009.
Contractors are encouraged to submit pre-qualification packages as soon as possible, so that they may
be notified of omissions of information to be remedied or of their pre-qualification status well in advance of
the bid advertisement for this project.
Answers to questions contained in the attached Pre-Qualification Questionnaire, information about current
bonding capacity, notarized statement from surety, and the most recent reviewed or audited financial
statements, with accompanying notes and supplemental information, are required. City of Carlsbad will
use these documents as the basis of determining whether each Contractor is qualified to bid. City of
Carlsbad reserves the right to check other sources available. City of Carlsbad's decision will be based on
objective evaluation criteria.
City of Carlsbad reserves the right to adjust, increase, limit, suspend or rescind the pre-qualification rating
based on subsequently learned information. Contractors whose rating changes sufficient to disqualify
them will be notified, and given an opportunity for a hearing consistent with the hearing procedures
described below for appealing a pre-qualification rating.
While it is the intent of the pre-qualification questionnaire and documents required therewith to assist City
of Carlsbad in determining bidder responsibility prior to bid and to aid City of Carlsbad in selecting the
lowest responsible bidder, neither the fact of pre-qualification, nor any pre-qualification rating, will
preclude City of Carlsbad 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 (questionnaire answers and financial statements) submitted by
Contractors are not public records and are not open to public inspection. All information provided will be
kept confidential to the extent permitted by law. However, the contents may be disclosed to third parties
for purpose of verification, or investigation of substantial allegations, or in the appeal hearing. State law
requires that the names of contractors applying for pre-qualification status shall be public records subject
to disclosure, and the first page of the questionnaire will be used for that purpose. Each questionnaire
must be signed under penalty of perjury in the manner designated at the end of the Pre-Qualification
Questionnaire, by an individual who has the legal authority to bind the Contractor on whose behalf that
person is signing. If any information provided by a Contractor becomes inaccurate, the Contractor must
immediately notify City of Carlsbad and provide updated accurate information in writing, under penalty of
perjury.
City of Carlsbad reserves the right to waive minor irregularities and omissions in the information contained
/7
in the pre-qualification application submitted, to make all final determinations, and to determine at any
time that the pre-qualification procedures will not be applied to a specific future public project.
Contractors may submit pre-qualification packages during regular working hours on any day that the
offices of the City of Carlsbad are open. Contractors who submit a complete pre-qualification package will
be notified of their qualification status no later than ten business days after submission of the information.
City of Carlsbad may refuse to grant pre-qualification where the requested information and materials are
not provided, or not provided by December 15. 2009. There is no appeal from a refusal for an incomplete
or late application, but re-application for a later project is permitted. The closing time for submittal of the
Pre-Qualification Questionnaire and supplemental information will not be changed in order to
accommodate supplementation of incomplete submissions, or late submissions.
*****
APPENDIX A
PRE-QUALIFICATION
QUESTIONNAIRE
PART I. ESSENTIAL REQUIREMENTS FOR QUALIFICATION
Contractor will be immediately disqualified if the answer to any of questions 1 through 5
is "no."
Contractor will be immediately disqualified if the answer to any of questions 6, 7, 8 or 9 is
"yes." If the answer to question 8 is "yes," and if debarment would be the sole reason for
denial of pre-qualification, any pre-qualification issued will exclude the debarment
period.
1. Contractor possesses a valid and current California Contractor's license for the project or
projects for which it intends to submit a bid. (Class "A" or "B")
D Yes D No
2. Contractor has a liability insurance policy with a policy limit of at least $2,000,000 per
occurrence and $3,000,000 aggregate.
D Yes D No
3. Contractor has current workers' compensation insurance policy as required by the Labor Code
or is legally self-insured pursuant to Labor Code section 3700 et. seq.
D Yes D No
Contractor is exempt from this requirement, because it has no employees.
4. Have you attached your latest copy of a reviewed or audited financial statement with
accompanying notes and supplemental information.
Yes No
NOTE: A financial statement that is not either reviewed or audited is not acceptable. A
letter verifying availability of a line of credit may also be attached; however, it will be
considered as supplemental information only, and is not a substitute for the required
financial statement.
5. Have you attached a notarized statement from an admitted surety insurer (approved by the
California Department of Insurance) and authorized to issue bonds in the State of California,
which states: (a) that your current bonding capacity is sufficient for the project for which you
seek pre-qualification (b) your current available bonding capacity?
D Yes D No
NOTE: Notarized statement must be from the surety company, not an agent or broker.
6. Has your contractor's license been revoked at any time in the last five years?
D Yes D No
7. Has a surety firm completed a contract on your behalf, or paid for completion because your
firm was default terminated by the project owner within the last five (5) years?
PI Yes n No
9-0
8. At the time of submitting this pre-qualification form, is your firm ineligible to bid on or be awarded
a public works contract, or perform as a subcontractor on a public works contract, pursuant to either
Labor Code section 1777.1 or Labor Code section 1777.7?
D Yes D No
If the answer is "Yes," state the beginning and ending dates of the period of debarment:
9. At any time during the last five years, has your firm, or any of its owners or officers been
convicted of a crime involving the awarding of a contract of a government construction project, or
the bidding or performance of a government contract?
Yes No
PART II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE,
COMPLIANCE WITH CIVIL AND CRIMINAL LAWS
A. Current Organization and Structure of the Business
For Firms That Are Corporations:
1 a. Date incorporated:
Ib. Under the laws of what state:
Ic. Provide all the following information for each person who is either (a) an officer of the corporation
(president, vice president, secretary, treasurer), or (b) the owner of at least ten per cent of the
corporation's stock.
Name Position Years with Co.% Ownership Social Security #
Id. Identify every construction firm that any person listed above has been associated with (as owner,
general partner, limited partner or officer) at any time during the last five years.
NOTE: For this question, "owner" and "partner" refer to ownership of ten per cent or more
of the business, or 10 per cent or more of its stock, if the business is a corporation.
Person's Name Construction Firm
Dates of Person's Participation with
Firm
For Firms That Are Partnerships:
1 a. Date of formation:
Ib. Under the laws of what state:
Ic. Provide all the following information for each partner who owns 10 per cent or more of the firm.
Name Position Years with Co.% Ownership Social Security #
02-
Id. Identify every construction company that any partner has been associated with (as owner, general
partner, limited partner or officer) at any time during the last five years.
NOTE: For this question, "owner" and "partner" refer to ownership often per cent or more
of the business, or ten per cent or more of its stock, if the business is a corporation.
Person's Name Construction Company
Dates of Person's
Participation with Company
For Firms That Are Sole Proprietorships:
la. Date of commencement of business.
Ib. Social security number of company owner.
Ic. Identify every construction firm that the business owner has been associated with (as owner,
general partner, limited partner or officer) at any time during the last five years. NOTE: For this
question, "owner" and "partner" refer to ownership of ten per cent or more of the business,
or ten per cent or more of its stock, if the business is a corporation.
Person's Name Construction Company
Dates of Person's Participation
with Company
For Firms That Intend to Make a Bid as Part of a Joint Venture:
la.
Ib.
Date of commencement of joint venture.
Provide all of the following information for each firm that is a member of the joint venture that
expects to bid on one or more projects:
Name of firm % Ownership of Joint Venture
B. History of the Business and Organizational Performance
2. Has there been any change in ownership of the firm at any time during the last three years? NOTE:
A corporation whose shares are publicly traded is not required to answer this question.
I | Yes | | No
If "yes," explain on a separate signed page.
* DENOTES SCORABLE QUESTION.
3. Is the firm a subsidiary, parent, holding company or affiliate of another construction firm?
NOTE: Include information about other firms if one firm owns 50 per cent or more of
another, or if an owner, partner, or officer of your firm holds a similar position in another
firm.
D Yes D No
If "yes," explain on a separate signed page.
4. Are any corporate officers, partners or owners connected to any other construction firms. NOTE:
Include information about other firms if an owner, partner, or officer of your firm holds a
similar position in another firm.
D Yes D No
If "yes," explain on a separate signed page.
5. State your firm's gross revenues for each of the last three years:
*6. How many years has your organization been in business in California as a contractor under your
present business name and license number? years
*7. Is your firm currently the debtor in a bankruptcy case?
D Yes D No
If "yes," please attach a copy of the bankruptcy petition, showing the case number, and the date on
which the petition was filed.
*8. Was your firm in bankruptcy at any time during the last five years? (This question refers
only to a bankruptcy action that was not described in answer to question 7, above)
D Yes D No
If "yes," please attach a copy of the bankruptcy petition, showing the case number and the date on
which the petition was filed, and a copy of the Bankruptcy Court's discharge order, or of any other
document that ended the case, if no discharge order was issued.
Licenses
9. List all California construction license numbers, classifications and expiration dates of the
California contractor licenses held by your firm:
10. If any of your firm's license(s) are held in the name of a corporation or partnership, list below the
names of the qualifying individual(s) listed on the CSLB records who meet(s) the experience and
examination requirements for each license.
* DENOTES SCORABLE QUESTION.
11. Has your firm changed names or license number in the past five years?
D Yes D No
If "yes," explain on a separate signed page, including the reason for the change.
12. Has any owner, partner or (for corporations:) officer of your firm operated a construction firm
under any other name in the last five years?
D Yes D No
If "yes," explain on a separate signed page, including the reason for the change.
* 13. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or
Responsible Managing Officer (RMO) been suspended within the last five years?
D Yes D No
If "yes," please explain on a separate signed sheet.
Disputes
* 14. At any time in the last five years has your firm been assessed and paid
liquidated damages after completion of a project under a construction
contract with either a public or private owner?
D Yes D No
If yes, explain on a separate signed page, identifying all such projects by owner, owner's address,
the date of completion of the project, amount of liquidated damages assessed and all other
information necessary to fully explain the assessment of liquidated damages.
*15. In the last five years has your firm, or any firm with which any of your company's owners, officers
or partners was associated, been debarred, disqualified, removed or otherwise prevented from
bidding on, or completing, any government agency or public works project for any reason? NOTE:
"Associated with" refers to another construction firm in which an owner, partner or officer of
your firm held a similar position, and which is listed in response to question Ic or Id on this
form.
D Yes D No
If "yes," explain on a separate signed page. State whether the firm involved was the firm applying
for pre-qualification here or another firm. Identify by name of the company, the name of the
person within your firm who was associated with that company, the year of the event, the owner of
the project, the project and the basis for the action.
* 16. In the last five years has your firm been denied an award of a public works contract based on a
finding by a public agency that your company was not a responsible bidder?
D Yes D No
If "yes" explain on a separate signed page. Identify the year of the event, the owner, the project and
the basis for the finding by the public agency.
* DENOTES SCORABLE QUESTION.
* * * * *
NOTE: The following two questions refer only to disputes between your firm and the
owner of a project. You need not include information about disputes between your
firm and a supplier, another contractor, or subcontractor. You need not include
information about "pass-through" disputes in which the actual dispute is between a
sub-contractor and a project owner. Also, you may omit reference to all disputes
about amounts of less than $50,000.
* 17. In the past five years has any claim against your firm concerning your firm's
work on a construction project been filed in court or arbitration?
D Yes D No
If "yes," on separate signed sheets of paper identify the claim(s) by providing the project name,
date of the claim, name of the claimant, a brief description of the nature of the claim, the court in
which the case was filed and a brief description of the status of the claim (pending or, if resolved, a
brief description of the resolution).
*18. In the past five years has your firm made any claim against a project owner concerning work on
a project or payment for a contract and filed that claim in court or arbitration?
I [ 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 filed, a brief
description of the nature of the claim, the court in which the case was filed and a brief
description of the status of the claim (pending, or if resolved, a brief description of the
resolution).
******
19. At any time during the past five years, has any surety company made any payments on your firm's
behalf as a result of a default, to satisfy any claims made against a performance or payment bond
issued on your firm's behalf, in connection with a construction project, either public or private?
D Yes D No
If "yes," explain on a separate signed page the amount of each such claim, the name and telephone
number of the claimant, the date of the claim, the grounds for the claim, the present status of the
claim, the date of resolution of such claim if resolved, the method by which such was resolved if
resolved, the nature of the resolution and the amount, if any, at which the claim was resolved.
*20. In the last five years has any insurance carrier, for any form of insurance, refused to renew the
insurance policy for your firm? Yes
D Yes D No
If "yes," explain on a separate signed page. Name the insurance carrier, the form of insurance and
the year of the refusal.
* DENOTES SCORABLE QUESTION.
Criminal Matters and Related Civil Suits
*21. Has your firm or any of its owners, officers or partners ever been found liable in a
civil suit or found guilty in a criminal action for making any false claim or material
misrepresentation to any public agency or entity?
D Yes D No
If "yes," explain on a separate signed page, including identifying who was involved, the name of
the public agency, the date of the investigation and the grounds for the finding.
*22. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving
any federal, state, or local law related to construction?
D Yes D No
If "yes," explain on a separate signed page, including identifying who was involved, the name of
the public agency, the date of the conviction and the grounds for the conviction.
*23. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state
crime of fraud, theft, or any other act of dishonesty?
D Yes D No
If "yes," identify on a separate signed page the person or persons convicted, the court (the county if
a state court, the district or location of the federal court), the year and the criminal conduct.
Bonding
24. Bonding capacity: Provide documentation from your surety identifying the following:
Name of bonding company/surety:
Name of surety agent, address and telephone number:
*25. If your firm was required to pay a premium of more than one per cent for a performance and
payment bond on any project(s) on which your firm worked at any time during the last
three years, state the percentage that your firm was required to pay. You may provide an
explanation for a percentage rate higher than one per cent, if you wish to do so.
26. List all other sureties (name and full address) that have written bonds for your firm during the last
five years, including the dates during which each wrote the bonds:
* DENOTES SCORABLE QUESTION.
*27. During the last five years, has your firm ever been denied bond coverage by a surety company, or
has there ever been a period of time when your firm had no surety bond in place during a public
construction project when one was required?
D Yes D No
If yes, provide details on a separate signed sheet indicating the date when your firm was denied
coverage and the name of the company or companies which denied coverage; and the period
during which you had no surety bond in place.
C. Compliance with Occupational Safety and Health Laws and with Other Labor Legislation
Safety
*28. Has CAL OSHA cited and assessed penalties against your firm for any "serious," "willful" or
"repeat" violations of its safety or health regulations in the past five years?
NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health
Appeals Board has not yet ruled on your appeal, you need not include information about it.
D Yes D No
If "yes," attached a separate signed page describing the citations, including information about the
dates of the citations, the nature of the violation, the project on which the citation(s) was or were
issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety
and Health Appeals Board and a decision has been issued, state the case number and the date of the
decision.
*29. Has the federal Occupational Safety and Health Administration cited and assessed penalties against
your firm in the past five years?
NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on
your appeal, or if there is a court appeal pending, you need not include information about the
citation.
D Yes D No
If "yes," attach a separate signed page describing each citation.
*30. Has the EPA or any Air Quality Management District or any Regional Water Quality
Control Board cited and assessed penalties against either your firm or the owner of a project
on which your firm was the contractor, in the past five years?
NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled
on your appeal, or if there is a court appeal pending, you need not include information
about the citation.
D Yes D No
If "yes," attach a separate signed page describing each citation.
* DENOTES SCORABLE QUESTION.
*31. How often do you require documented safety meetings to be held for construction employees and
field supervisors during the course of a project?
*32. List your firm's Experience Modification Rate (EMR) (California Workers'
Compensation Insurance) for each of the past three premium years:
NOTE: An Experience Modification Rate is issued to your firm annually by your workers'
compensation insurance carrier.
Current year:
Previous year:
Year prior to previous year:
If your EMR for any of these three years is or was 1.00 or higher you may, if you wish, attach a
letter of explanation.
*33. Within the last five years has there ever been a period when your firm had employees but was
without workers' compensation insurance or state-approved self-insurance?
D Yes D No
If "yes," please explain the reason for the absence of workers' compensation insurance on a
separate signed page. If "No," please provide a statement by your current workers'
compensation insurance carrier that verifies periods of workers' compensation insurance
coverage for the last five years. (If your firm has been in the construction business for less than
five years, provide a statement by your workers' compensation insurance carrier verifying
continuous workers' compensation insurance coverage for the period that your firm has been in
the construction business.)
Prevailing Wage and Apprenticeship Compliance Record
*34. Has there been more than one occasion during the last five years in which your firm was required to
pay either back wages or penalties for your own firm's failure to comply with the state's prevailing
wage laws?
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.
D Yes D No
If "yes," attach a separate signed page or pages, describing the nature of each violation, identifying
the name of the project, the date of its completion, the public agency for which it was constructed;
the number of employees who were initially underpaid and the amount of back wages and penalties
that you were required to pay.
* DENOTES SCORABLE QUESTION.
*35. During the last five years, has there been more than one occasion in which your own firm has been
penalized or required to pay back wages for failure to comply with the federal Davis-Bacon
prevailing wage requirements?
D Yes D No
If "yes," attach a separate signed page or pages describing the nature of the violation, identifying
the name of the project, the date of its completion, the public agency for which it was constructed;
the number of employees who were initially underpaid, the amount of back wages you were
required to pay along with the amount of any penalty paid.
*36. Provide the name, address and telephone number of the apprenticeship program (approved by
the California Apprenticeship Council) from whom you intend to request the dispatch of
apprentices to your company for use on any public work project for which you are awarded a
contract by the City of Carlsbad.
*37. If your firm operates its own State-approved apprenticeship program:
(a) Identify the craft or crafts in which your firm provided apprenticeship training in the past
year.
(b) State the year in which each such apprenticeship program was approved, and attach
evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship
program(s).
(c) State the number of individuals who were employed by your firm as apprentices at any time
during the past three years in each apprenticeship and the number of persons who, during the past
three years, completed apprenticeships in each craft while employed by your firm.
*38. At any time during the last five years, has your firm been found to have violated any provision of
California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public
works?
NOTE: You may omit reference to any incident that occurred prior to January 1,1998, if the
violation was by a subcontractor and your firm, as general contractor on a project, had no
knowledge of the subcontractor's violation at the time they occurred.
I | Yes I I No
If "yes," provide the date(s) of such findings, and attach copies of the Department's final
decision(s).
PART III. RECENT CONSTRUCTION PROJECTS COMPLETED
*39. Contractor shall provide information about its most recently completed commercial building
projects , which are similar to the buildings described on the Project Overview. Names and
references must be current and verifiable. Use separate sheets of paper that contain all of the
following information:
Project Name:
Location:
Owner:
Owner Contact (name and current phone number):
Architect or Engineer:
Architect or Engineer Contact (name and current phone number):
Construction Manager (name and current phone number):
Description of Project, Size of Project, Scope of Work Performed:
Total Value of Construction (including change orders):
Original Scheduled Completion Date:
Time Extensions Granted (number of days):
Actual Date of Completion:
*******
I, the undersigned, certify and declare that I have read all the foregoing answers to this Pre-
Qualification Questionnaire and know their contents. The matters stated in the questionnaire
answers are true of my own knowledge and belief, except as to those matters stated on information
and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under
the laws of the State of California, that the foregoing is correct.
Dated: _
(Name)
(Title)
RATING SHEET
SUMMARY OF THE SCORABLE QUESTIONS AND THE SCORING INSTRUCTIONS
The scorable questions are as follows:
Part II (B) History of the business and organizational performance;
Part II (C) Compliance with occupational safety and health laws, workers' compensation and other
labor legislation; and
Part III Completion of recent projects and quality of performance.
The interview questions (interviews by the public agency of project managers on projects
completed recently by the contractor) are included in Part III.
The Scores Needed to Pre-qualify to Submit a Bid.
To pre-qualify, a contractor would be required to have a passing grade within each of the three large
categories referred to above.
Part II (B), "History of the business and organizational performance," a passing score of 57 on this portion
of the questionnaire (of a maximum score of 76 on this portion of the questionnaire).
Part II (C), Compliance with occupational safety and health laws, workers' compensation and other labor
Legislation, a passing score of 38 on this portion of the questionnaire (of a maximum score of 53 points on
this portion of the questionnaire).
Part III, Experience with similar projects, compares recent projects to the Joint First Responders Training
Facility, a passing score of 30 on this portion of the questionnaire (of a maximum score of 75 on this
portion of the questionnaire).
Completion of recent projects and quality of performance, includes a series of interview questions. City
of Carlsbad will interview project managers for the owners of three completed similar Fire Training and
Shooting Range projects or similar projects, a passing score of 55 (of a maximum score of 120 on this
portion of the questionnaire).
(J DENOTES CORRESPONDING QUESTION NUMBER FROM THE PRE- QUALIFICATION
QUESTIONAIRE
Part I Questions about History of the Business and Organizational Performance (16 questions)
1. (6) How many years has your organization been in business in California as a contractor under your
present business name and license number? years
3 years = 2 points 4 years = 3 points 5 years = 4 points 6 years or more = 5 points
2. (7) Is your firm currently the debtor in a bankruptcy case?
YesD DNo
"No" = 3points "Yes" = 0points
3. (8) Was your firm in bankruptcy any time during the last five years? (This question refers only to a
bankruptcy action that was not described in answer to question 7, above).
YesD DNo
"No" = 3points "Yes" = 0points
4. (13) Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or
Responsible Managing Officer (RMO) been suspended within the last five years?
YesD DNo
"No" = 5points "Yes" = 0points
5. (14) At any time in the last five years, has your firm been assessed and paid liquidated damages after
completion of a project, under a construction contract with either a public or private owner?
Yes I I I I No
No projects with liquidated damages of more than $50,000, or one project with liquidated
damages = 5 points.
One project with liquidated damages of more than $50,000 = 3 points
Any other answer: no points
6. (15) In the last five years has your firm, or any firm with which any of your company's owners, officers
or partners was associated, been debarred, disqualified, removed or otherwise prevented from
bidding on, or completing, any government agency or public works project for any reason?
YesD DNo
"No" = 5points "Yes" = 0points
NOTE: "Associated with" refers to another construction firm in which an owner, partner or
officer of your firm held a similar position, and which is listed in response to question Ic or
Id on this form.
(J DENOTES CORRESPONDING QUESTION NUMBER FROM THE PRE-QUALIFICATION
QUESTIONAIRE
1. (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?
YesD DNo
No = 5 points Yes = 0 points
*****
NOTE: The following two questions refer only to disputes between your firm and the
owner of a project. You need not include information about disputes between your
firm and a supplier, another contractor, or subcontractor. You need not include
information about "pass-through" disputes in which the actual dispute is between a
sub-contractor and a project owner. Also, you may omit reference to all disputes
about amounts of less than $50,000.
8. (17) In the past five years, has any claim against your firm concerning your firm's work on a
construction project been filed in court or arbitration?
YesD DNo
If the firm's average gross revenue for the last three years was less than
$50 million, scoring is as follows:
5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2
such instances. 0 points for "Yes" if more than 2 such instances.
If your firm's average gross revenue for the last three years was more than $50 million,
scoring is as follows:
5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes"
indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances.
9. (18) In the past five years, has your firm made any claim against a project owner concerning work on a
project or payment for a contract, and filed that claim in court or arbitration?
YesD DNo
If your firm's average gross revenues for the last three years was less than $50 million scoring
is as follows:
5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2
such instances. 0 points for "Yes" if more than 2 such instances.
If your firm's average gross revenues for the last three years was more than $50 million, scoring
is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for
"Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances.
(J DENOTES CORRESPONDING QUESTION NUMBER FROM THE FEE-QUALIFICATION
QUESTIONAIRE
10. (19) At any time during the past five years, has any surety company made any payments on your
firm's behalf as a result of a default, to satisfy any claims made against a performance or
payment bond issued on your firm's behalf in connection with a construction project, either
public or private?
Yes
5 points for either "No" or "Yes" indicating 1 such claim. 3 points for "Yes" indicating no more
than 2 such claims Subtract five points for "Yes" if more than 2 such claims
11. (20) In the last five years, has any insurance carrier, for any form of insurance, refused to renew the
insurance policy for your firm?
YesD DNo
5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2
such instances. 0 points for "Yes" or if more than 2 such instances.
12. (21) Has your firm, or any of its owners, officers, or partners ever been found liable in a civil suit, or
found guilty in a criminal action, for making any false claim or material misrepresentation to
any public agency or entity?
YesD DNo
"No " = 5 points "Yes "= subtract 5 points
13. (22) Has your firm, or any of its owners, officers or partners ever been convicted of a crime
involving any federal, state, or local law related to construction?
YesD DNo
"No" = 5points "Yes" = subtract 5points
14. (23) Has your firm or any of its owners, officers or partners ever been convicted of a federal or state
crime of fraud, theft, or any other act of dishonesty?
YesD DNo
"No" = 5points "Yes" = subtract 5points
15. (25) If your firm was required to pay a premium of more than one per cent for a performance and
payment bond on any project(s) on which your firm worked at any time during the last three years,
state the percentage that your firm was required to pay. You may provide an explanation for a
percentage rate higher than one per cent, if you wish to do so. %
5 points if the rate is no more than one per cent
3 points if the rate was no higher than 1.10 per cent.
0 points for any other answer.
O DENOTES CORRESPONDING QUESTION NUMBER FROM THE PRE-QUALIFICATION
QUESTIONAIRE
16. (27) During the last five years, has your firm ever been denied bond credit by a surety company, or
has there ever been a period of time when your firm had no surety bond in place during a
public construction project when one was required?
YesD DNo
"No" = 5points "Yes" = 0points
Part II Questions about compliance with safety, workers compensation, prevailing
wage and apprenticeship laws. (11 questions)
1. (28) Has CAL OSHA cited and assessed penalties against your firm for any "serious," "willful" or
"repeat" violations of its safety or health regulations in the past five years?
Note: If you have filed an appeal of a citation and the Occupational Safety and Health
Appeals Board has not yet ruled on your appeal, you need not include information about it.
YesD DNo
If the firm's average gross revenues for the last three years was less than $50 million, scoring
is as follows:
5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2
such instances. 0 points for "Yes" if more than 2 such instances.
If the firm's average gross revenues for the last three years was more than $50 million, scoring
is as follows:
5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes"
indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances.
2. (29) Has the federal Occupational Safety and Health Administration cited and
assessed penalties against your firm in the past five years?
Note: If you have filed an appeal of a citation and the appropriate appeals Board has not yet
ruled on your appeal, you need not include information about it.
YesD DNo
If yes, attach a separate signed page describing each citation.
If the firm's average gross revenues for the last three years was less than $50 million, scoring
is as follows: 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes"
indicating 2 such instances. 0 points for "Yes" or if more than 2 such instances.
If the firm's average gross revenues for the last three years was more than $50 million, scoring
is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for
"Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances.
(J DENOTES CORRESPONDING QUESTION NUMBER FROM THE PRE-
QUALIFICATION QUESTIONAIRE.
3. (30) Has the EPA or any Air Quality Management District or any Regional Water Quality Control
Board cited and assessed penalties against either your firm or the owner of a project on which
your firm was the contractor, in the past five years?
NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled
on your appeal, or if there is a court appeal pending, you need not include information
about the citation.
YesD DNo
If the firm's average gross revenues for the last three years was less than $50 million, scoring
is as follows:
5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2
such instances. 0 points for "Yes" or if more than 2 such instances.
If the firm's average gross revenues for the last three years was more than $50 million, scoring
is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for
"Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances.
4. (31) How often do you require documented safety meetings to be held for construction
employees and field supervisors during the course of a project?
3 points for an answer of once each week or more often.
0 points for any other answer
5. (32) List your firm's Experience Modification Rate (EMR) (California Workers' Compensation
Insurance) for each of the past three premium years:
NOTE: An Experience Modification Rate is issued to your firm annually by your
workers' compensation insurance carrier.
Current year:
Previous year:
Year prior to previous year:
If your EMR for any of these three years is or was 1.00 or higher, you may, if you wish, attach
a letter of explanation.
NOTE: An Experience Modification Rate is issued to your firm annually by your
workers' compensation insurance carrier.
5 points for three-year average EMR of .95 or less.
3 points for three-year average of EMR of more than .95 but no more than 1.00
0 points for any other EMR
DENOTES CORRESPONDING QUESTION NUMBER FROM THE PRE-QUALIFICATION
QUESTIONAIRE
6. (33) Within the last five years, has there ever been a period when your firm had employees but was (_)
without workers' compensation insurance or state-approved self-insurance?
YesD DNo
5 points for either "No" or "Yes" indicating 1 such instance.
0 points for any other answer.
7. (34) Has there been more than one occasion during the last five years on which your firm was
required to pay either back wages or penalties for your own firm's failure to comply with the
state's prevailing wage laws?
YesD DNo
NOTE: This question refers only to your own firm's violation of prevailing wage laws,
not to violations of the prevailing wage laws by a subcontractor.
If your firm's average gross revenues for the last three years was less than $50 million, scoring
is as follows:
5 points for either "No," or "Yes" indicating either 1 or 2 such instance. 3 points for "Yes"
indicating 3 such instances. 0 points for "Yes" and more than 3 such instances.
If your firm's average gross revenues for the last three years was more than $50 million, scoring
is as follows:
5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes"
indicating either 5 or 6 such instances. 0 points for "Yes" and more than 6 such instances.
8. (35) During the last five years, has there been more than one occasion on which your own firm has been
penalized or required to pay back wages for failure to comply with the federal Davis-Bacon
prevailing wage requirements?
YesU UNo
If your firm's average gross revenues for the last three years was less than $50 million, scoring
is as follows:
5 points for either "No," or "Yes" indicating either 1 or 2 such instance. 3 points for "Yes"
indicating 3 such instances. 0 points for "Yes" and more than 3 such instances.
If your firm's average gross revenues for the last three years was more than $50 million,
scoring is as follows:
5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes"
indicating either 5 or 6 such instances. 0 points for "Yes" and more than 6 such instances.
(J DENOTES CORRESPONDING QUESTION NUMBER FROM THE PRE-QUALIFICATION
QUESTIONAIRE
9. (36) Provide the name, address and telephone number of the apprenticeship program sponsor(s)
(approved by the California Division of Apprenticeship Standards) that will provide apprentices
to your company for use on any public works project for which you are awarded a contract by
City of Carlsbad.
5 points if at least one approved apprenticeship program is listed.
0 points for any other answer.
10. (37) If your firm operates its own State-approved apprenticeship program:
(a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year.
(b) State the year in which each such apprenticeship program was approved, and attach evidence
of the most recent California Apprenticeship Council approval(s) of your apprenticeship
program(s).
(c) State the number of individuals who were employed by your firm as apprentices at any time
during the past three years in each apprenticeship and the number of persons who, during the
past three years, completed apprenticeships in each craft while employed by your firm.
5 points if one or more persons completed an approved apprenticeship while employed by
your firm.
0 points if no persons completed an approved apprenticeship while employer by your firm.
11. (38) At any time during the last five years, has your firm been found to have violated any provision of
California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public
works? NOTE: You may omit reference to any incident that occurred prior to January 1,
2004 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.
YesD DNo
If yes, provide the date(s) of such findings, and attach copies of the Department's final
decision(s).
If your firm's average gross revenues for the last three years was less than $50 million,
scoring is as follows:
5 points for either "No," or "Yes" indicating either 1 or 2 such instance. 3 points for "Yes"
indicating 3 such instances. 0 points for "Yes" and more than 3 such instances.
If your firm's average gross revenues for the last three years was more than $50 million,
scoring is as follows:
5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes"
indicating either 5 or 6 such instances. 0 points for "Yes" and more than 6 such instances.
(J DENOTES CORRESPONDING QUESTION NUMBER FROM THE PRE-QUALIFICATION
QUESTIONAIRE
Part III Questions concerning recent construction projects completed:
(one question, plus 13 interview questions)
1. (39) Contractor shall provide information about its most recently completed commercial building
projects which are similar to the buildings described on the "Project Description". Names and
references must be current and verifiable. Use separate sheets of paper that contain all of the
following information:
Project Name:
Location:
Owner:
Owner Contact (name and current phone number):
Architect or Engineer:
Architect or Engineer Contact (name and current phone number):
Construction Manager (name and current phone number):
Description of Project, Size of Project, and Scope of Work Performed:
Total Value of Construction (including change orders):
Original Scheduled Completion Date:
Time Extensions Granted (number of days):
Actual Date of Completion:
Points will be given for the successful completion of similar projects as shown on the project
description. Types of eligible buildings and their associated points are shown below. The highest
possible score is 75. A score less than 30 disqualifies a contractor from bidding on this project.
0 Police Shooting Range -1 = 5 point
D Police Shooting Range - 2 = 10 points
D Police Shooting Range - more than 2 = 15 points
D Fire Training Facility - 1= 5 points
D Fire Training Facility - 2 = 10 points
D Fire Training Facility - more than 2 = 15 points
D Fire Station -1 = 1 point
D Fire Station -2 = 3 points
D Fire Station - more than 2 = 5 points
D Safety Building (Police Station) -1 = 5 points
D Safety Building (Police Station) - 2 or more = 10 points
D Office Building with a construction cost of at least $5,000,000 -1 or 2 = 1 point
D Office Building with a construction cost of at least $5,000,000 - less than 5 = 3 points
D Office Building with a construction cost of at least $5,000,000 - 5 or more = 5 points
D Multi-Building Campus Facility -1=3 points
D Multi-Building Campus Facility -2 = 5 points
D Multi-Building Campus Facility - more than 2 = 10 points
D Education Building - 1 or 2 = 1 points
D Education Building - less than 5 = 3 points
D Education Building - 5 or more = 5 points
D Civic Center Building -1 or more = 5 points
D Civic Center Building - 2 or more = 10 points
INTERVIEW QUESTIONS
The following questions will be used to interview randomly selected contacts from at least three
completed projects. The City of Carlsbad will conduct the interviews. No action on the contractor's
part is necessary. These questions are included in this package given to the contractor for information
only.
The highest possible score is 120 Points. A score less than 55 points disqualifies a contractor from
bidding on the Joint First Responders Training Facility project proposed by the City of Carlsbad. A
score of between 56 and 72 indicates the City of Carlsbad should conduct an interview of another
contact, that is, a manager of another completed project. A score of 72 or higher on each of three
interviews is sufficient for pre-qualification.
First, please give a brief description of the project.
1. Are there any outstanding stop notices, liens, or claims by the contractor that are currently
unresolved on contracts for which notices of completion were recorded more than 120 days
ago? (1 point for each stop notice, lien, or claim is deducted from overall score;
maximum amount to be deducted is 5 points)
2. On a scale of 1 -10, with 10 being the best, did the contractor provide adequate personnel?
(Max. 10 points)
3. On a scale of 1-10, with 10 being the best, did the contractor provide adequate supervision?
(Max. 10 points)
4. On a scale of 1 -10, with 10 being the best, was there adequate equipment provided on the job?
(Max. 10 points)
5. On a scale of 1 -10, with 10 being the best, was the contractor timely in providing reports and
other paperwork, including change order paperwork and scheduling updates? (Max. 10 points)
6. On a scale of 1-10, with 10 being the best, did the contractor adhere to the project schedule that
your [agency] [business] approved? (Max. 10 points)
7. Was the project completed on time? (10 points if the answer is "Yes"). Or, if the answer is
"no," on a scale of 1-10, with 10 being the best, to what extent was the contractor
responsible for the delay in completion?
8. On a scale of 1-10, with 10 being the best, rate the contractor on the timely submission of
reasonable cost and time estimates to perform change order work. (Max. 10 points)
9. On a scale of 1 -10, with 10 being the best, rate the contractor on how well the contractor
performed the work after a change order was issued, and how well the contractor integrated the
change order work into the existing work. (Max. 10 points)
10. On a scale of 1 -10, with 10 being the best, rate how has the contractor been performing in the
area of turning in Operation & Maintenance manuals, completing as-built drawings, providing
required training and taking care of warranty items? (Max. 10 points)
11. On a scale of 1 -10, with 10 being the best, rate the contractor on whether there were an
unusually high number of claims, given the nature of the project, or unusual difficulty in
resolving them. (Max. 10 points)
12. On a scale of 1-10, with 10 being the highest, rate the contractor with respect to timely
payments by the contractor to either subcontractors or suppliers? (If the person being
interviewed knows of no such difficulties, the score on this question should be "10.")
13. Onascaleofl-10, with 10 being the best, how would you rate the quality of the work overall?
(Max. 10 points)
EXHIBIT 4
APPEAL PROCEDURES
The list of pre-qualified contractors under the Pre-Qualification Questionnaire will be posted on the
website. Any prospective Contractor who failed to qualify may appeal the City's decision. All appeals shall
be in writing and must be received within five (5) working days after posting of the list of qualified
contractors. Appealing Contractor shall clearly state the ground for the appeal.
Where a timely and completed application results in a rating below that necessary to pre-qualify, an
appeal can be made. An appeal is begun by the Contractor delivering notice, to PUBLIC WORKS
DIRECTOR, of its appeal of the decision with respect to its pre-qualification rating, no later than five (5)
business days after receipt of City of Carlsbad's pre-qualification rating. Without a timely appeal, the
Contractor waives any and all rights to challenge the decision of City of Carlsbad, 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) business days after the Public Works Directors
receipt of the notice of appeal. The hearing shall be an informal process conducted by City Manager or
designee to hear such appeals (the "Hearing Officer"). At or prior to the hearing, the Contractor will be
advised of the basis for City of Carlsbad'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 CITY MANAGER OR DESIGNEE will render his/her decision. It is the
intention of City of Carlsbad that the date for the submission and opening of bids will not be delayed or
postponed to allow for completion of an appeal process.
Note: A contractor may be found not pre-qualified for bidding on a specific public works contract to
be let by City of Carlsbad, or on all contracts to be let by City of Carlsbad until the contractor
meets City of Carlsbad's requirements. In addition, a contractor may be found not pre-qualified for
either:
(1) Omission of requested information or
(2) Falsification of information
Joint First Responders
Training Facility
Council Meeting
November 3, 2009
1
Actions for Consideration
Approve plans and specifications
Authorize advertising for construction
Approve pre-qualification procedure
2
Presentation Outline
Background review
Project summary
Staff recommendations
3
Background
Council Workshop -March 15, 2006
Site Plan Options Presented
Alternative 1: Public Works, Police, and Fire
all at Safety Center site.
Alternative 2: Public Works not centralized at
Safety Center site.
4
Background Continued
Council Workshop -May 17, 2006
Further discussion of site plan options
Alternative 1 –
Public Works, Police, and Fire all at Safety Center site.
Alternative 2 –
Public Works not centralized at Safety Center site.
Staff directed to contact other municipalities
regarding joint use of JFRTF and Pursue
Alternative 1
5
Background Continued
Council Workshop -September 20, 2006
Council decides to pursue JFRTF for Carlsbad
When not in use -available for other agencies.
Go forward with feasibility & planning studies
Public Works, Police, and Fire all at Safety Center site.
6
Background Continued
Council Workshop -October 17, 2007
Council approves concept design:
Overall Safety Center concept plan
Police
Fire
Public Works
Joint First Responders Training Facility
Shooting range
Residential multi-training structure
Commercial multi-training structure
Fire administrative offices
Shared support space 7
Background Continued
Council Workshop -June 6, 2008
Council approves:
Option 2 –Complete final construction documents
without Fire admin and shared space building
Proceed with preliminary design
Obtain CUP, planning, and environmental approvals
Obtain construction permits
8
Background Continued
Planning Commission –November 19, 2008
Phased site plan approved
CUP approved
Environmental approvals received
9
Background Continued
Council Workshop -October 21, 2009
Council received business plan report
Three operating scenarios
10
Joint First Responders
Training Facility
Location: Safety Center Site
Phase 1 Features:
Shooting range (25 yard & 100 yard) & support spaces
Commercial & residential training facilities and grounds
Dividable classroom
Phase 2 Features
Fire administrative offices w/ physical training room and
share support space
11
Phase 1 Features
Bounded by Orion Way and Orion Street
4 Acre Site
Rodeo drill grounds
Trench rescue area
Auto extrication area
Confined space prop
Training water recovery system
12
Phase 1 Features
36,700 SF Shooting range & classroom
25 Yd. & 100 Yd. range
Range support spaces, armory & weapon storage
Simulated arms training
Dividable classroom
Fire training storage
PD/FD specialty vehicle storage
13
Phase 1 Features
6,560 SF Commercial multi-training structure
Deductive bid alternate
2,250 SF Residential multi-training structure
Deductive bid alternate
14
Site Plan
Shooting Range
Classroom Building
Fire
Admin Building
Phase 2
Residential
Burn PropBid Alt.
Commercial
Burn PropBid Alt.
15
Shooting Range/Classroom
Building
Storefront
16
Commercial Burn Prop Building
17
Commercial Burn Prop Building
18
Residential Burn Prop Building
19
Residential Burn Prop Building
20
Landscaping/Irrigation
21
Material Board
Vertical & Horizontal Metal Fins, Panels &
Screens.
Concrete Block
Stucco –Sand Finish
22
Phase 1 -Cost Estimate
DESCRIPTION ESTIMATED COSTS
Preliminary Design & Feasibility Studies $844,000
Final Design & Reports $989,000
Phase 1 -Construction Cost $14,000,000
Construction Contingency (10%)$1,400,000
Construction Management $1,528,000
Water & Sewer Fees $135,000
Public Art $154,000
Pre-Opening Expense $50,000
FF&E $330,000
Miscellaneous items $170,000
Project Contingency 10 %$1,400,000
Phase 1 -Total Project Cost $21,000,000
23
Project Appropriation
Phase 1 -Project Cost -$21,000,000
Current Appropriation -$24,500,000
24
Operating Scenarios
Scenario A Scenario B Scenario C
Net Fiscal
Impact -$54,000 $415,000 $182,000
Replacement
Fund -$270,000 -$270,000 -$270,000
Net Impact w/
Replacement
Fund
-$324,000 $145,000 -$88,000
25
Projected Completion Schedule
Preliminary Design & CUP 4th Quarter 2008
Complete Final Design 4th Quarter 2009
Start Construction 2nd Quarter 2010
Complete Construction 4th Quarter 2011
Available for use 1st Quarter 2012
26
Staff Recommendations
Approve plans and specifications
Authorize advertising for construction
Approve pre-qualification procedure
27
End of Presentation
28
Questions
29