UCLA LUSKIN CONFERENCE AND GUEST CENTER Project UNIVERSITY OF CALIFORNIA, LOS ANGELES SEPTEMBER 6, 2013 REQUEST FOR PREQUALIFICATION STRUCTURAL CONCRETE FOR CONSTRUCTION OF THE LUSKIN CONFERENCE AND GUEST CENTER UCLA Project. 946375.01 AT UNIVERSITY OF CALIFORNIA, LOS ANGELES Advertisement: September 13, 2013 Mandatory Conferences: Deadline for Questions: Submittals Due: September 17, 2013 at 10:00 a.m. October 3, 2013 at 1:30 p.m. September 20, 2013 at 3:00 p.m. October 9, 2013 at 2:00 p.m. October 1, 2013 at 2:00 p.m. October 17, 2013 at 2:00 p.m. ADDENDUM 2 Page 1 of 44
UCLA LUSKIN CONFERENCE AND GUEST CENTER Project TABLE OF CONTENTS TITLE PAGE... 1 TABLE OF CONTENTS... 2 ADVERTISEMENT OF REQUEST FOR PREQUALIFICATION AND INSTRUCTIONS TO APPLICANTS... 3 ATTACHMENT NO. 1 (PREQUALIFICATION QUESTIONNAIRE)... 21 ATTACHMENT NO. 2 (NOT USED) ATTACHMENT NO. 3 (NOT USED) ATTACHMENT NO. 4 (NOT USED) ATTACHMENT NO. 5 (NOT USED) Page 2 of 44
UCLA LUSKIN CONFERENCE AND GUEST CENTER Project ADVERTISEMENT OF REQUEST FOR PREQUALIFICATION STRUCTURAL CONCRETE **MODIFIED PER ADDENDUM NUMBER 2** NOTICE IS HEREBY GIVEN that the University of California, Los Angeles ( UCLA or University ) invites entities to complete and submit a and other requested information, for the purpose of prequalifying to submit a bid for Structural Concrete trade work for the following project ( Project ): PROJECT: LUSKIN CONFERENCE AND GUEST CENTER COLLEGE: UNIVERSITY OF CALIFORNIA, LOS ANGELES Entities wishing to be considered for Prequalification ( Applicants ) must submit a and other information as required by the Instructions to Applicants ( Instructions ) that are a part of the UCLA Request for Prequalification of Entities for the LUSKIN CONFERENCE AND GUEST CENTER ( Request for Prequalification ). Starting September 13, 2013, s will be available to interested applicants online at www.capitalprograms.ucla.edu and will be issued at no cost at: Contracts Administration University of California, Los Angeles 1060 Veteran Avenue, Suite 125 Los Angeles, CA 90095-1365 310-825-7015 The total Project Budget is $110,780,000 to $119,630,000. All s and other information required by the Request for Prequalification to be submitted by Applicants ( Prequalification Submittals ) shall be prepared in conformance with the Request for Prequalification using the forms referenced in or attached thereto. Prequalification Submittals shall be hand delivered to: Contracts Administration University of California, Los Angeles 1060 Veteran Avenue, Suite 125 Los Angeles, CA 90095-1365 310-825-7015 At any time Monday through Friday during regular working hours of 8:00 a.m. to 4:00 p.m., up to and including October 1, 2013 at 2:00 p.m.october 17, 2013 at 2:00 p.m., which date and time are subject to change by University in accordance with the terms of the Instructions. The Applicant assumes full and sole responsibility for timely receipt of its completed Prequalification Submittal at the aforementioned location designated for receipt thereof. University shall select from the Applicants a Prequalified Bidders list of the entities determined Prequalified based on the scoring of the Prequalification Submittals. The Prequalified Bidders will then be invited to bid for the Project. MANDATORY PREQUALIFICATION CONFERENCES: A Mandatory Prequalification Conference will be conducted on September 17, 2013 beginning promptly at 10:00 a.m., and again on October 3, 2013 beginning promptly at 1:30 p.m. Only structural concrete subcontractor bidders who participate in at least one of the Conferences in its entirety will be allowed to submit prequalification documents and, if prequalification is achieved, bid on the Project as structural concrete subcontractors. Participants must arrive at or before the above-specified time. Persons arriving later than said time will not be allowed to submit prequalification documents or submit bids as structural concrete subcontractors. Participants shall meet at Capital Programs Building, 1060 Veteran Avenue (follow signs to the meeting room), UCLA campus (refer to the online UCLA Campus Map at www.ucla.edu/map). For further information, contact University s Project Manager Mark Voltz at (310) 794-4168. NOTES: ADDENDUM 2 Advertisement of Request for Prequalification Page 3 of 44
UCLA LUSKIN CONFERENCE AND GUEST CENTER Project 1. Attendee shall be a staff member of the subcontractor bidder s firm who will be actively involved in responding to this Prequalification, and who is highly knowledgeable of the firm s potential response to the prequalification criteria. 2. Attendees are advised that parking may be difficult. Attendees must allow ample time to drive to the above location in heavy traffic, find a parking space, walk to the building, and arrive in the designated Meeting Room prior to the required time. It is currently anticipated that the Conference will last at least 2 hours. Every effort will be made to ensure that all persons have equal access to contracts and other business opportunities with the University within the limits imposed by law or University policy. Each Applicant may be required to show evidence of its equal employment opportunity policy. The successful Applicant and its subcontractors will be required to follow the nondiscrimination requirements set forth in the Bidding Documents and to pay prevailing wage at the location of the work. Questions relating to this project should be directed in writing by 3:00 p.m. September 20, 20132:00 p.m. October 9, 2013 to: Mark Voltz 1060 Veteran Avenue Los Angeles, CA 90095 Fax: (310) 794-5269 E-mail: mvoltz@capnet.ucla.edu ADDENDUM 2 Advertisement of Request for Prequalification Page 4 of 44
INSTRUCTIONS FOR PREQUALIFICATION TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS 5 ARTICLE 2 OVERVIEW OF PREQUALIFICATION PROCESS 7 ARTICLE 3 OWNERSHIP, COPYRIGHT, AND CONFIDENTIALITY 11 ARTICLE 4 APPLICANT REPRESENTATIONS 12 ARTICLE 5 PREQUALIFICATION DOCUMENTS, SCHEDULE, AND PROCEDURES 13 ARTICLE 6 SCORING 20 ARTICLE 7 APPEAL 21 ARTICLE 8 ATTACHMENTS 22 ARTICLE 1 GENERAL PROVISIONS 1.1 Definitions. Capitalized terms shall have the meanings assigned to them in these Instructions to Applicants or if not so assigned as reasonably understood to apply by the context in which they are used. 1.2 Purpose. The University of California, Los Angeles seeks to pre-qualify Subcontractors that will be contracted for the following disciplines; 1. Structural Concrete (forming, placement and finish) University has determined that proposing entities who submit bids on this project must be prequalified. Prequalified proposing entities will be required to have a current California State Contractors License for the scope of work that will be contracted. 1.3 NOT USED 1.4 Basis. Applicants will be prequalified on the basis of the information they provide in their Prequalification Submittals and such other information as may be obtained by University in the manner permitted by these Instructions to Applicants. 1.5 Project. The Luskin Conference and Guest Center project will construct 294,000 gsf Type 1 building on a site located adjacent to the main entrance to the campus adjacent to the main entrance to the campus at the terminus of Westwood Plaza. The site currently houses Parking Structure 6, which will be demolished. The project consists of four components: 1) a 242,000 gsf conference facility with meeting space and 250 guest rooms; 2) 42,000 gsf parking garage for resident guests; 3) a 10,000 gsf replacement campus catering kitchen; 4) improvements to adjacent traffic turnabout and pedestrian areas in Gateway Plaza at the main entrance to the campus. The structure will be constructed of a concrete frame with seven floors above grade and one level below grade for parking. The new building will be constructed to meet the LEED New Construction Version 3.0 Gold green building requirements. ADDENDUM 12 Instructions for Prequalification Page 5 of 44
1.6 Warranty by the University. Applicants are solely responsible to satisfy themselves as to the suitability of any information provided by the University that is in the nature of estimates of costs, statements of needs or requirements, projections, budgets, or other information describing the proposed contract or project contemplated by this Request for Prequalification and nothing stated in these Instructions to Applicants or its attachments shall be construed as implying the creation or existence of any warranty, express or implied, on the part of the University with respect to the accuracy, sufficiency or completeness of such information. 1.7 Objections by Applicant. Any objection by an Applicant to the procedures or processes relating to the process or procedures set forth in the Prequalification Documents must be submitted to University, in writing, not more than seven (7) Days prior to submission by the Applicant of its Prequalification Submittal. Failure by an Applicant to so object shall constitute a final and conclusive waiver by the Applicant of its right to thereafter assert such objection, including without limitation, the right to submit such objection as a grounds for an appeal pursuant to Article 7, below. ARTICLE 2 OVERVIEW OF PREQUALIFICATION PROCESS 2.1 Prequalification: The process for prequalifying a set of Bidders who, based on the scoring by University s Prequalification Selection Committee, Prequalification Submittals, and Prequalification Interviews, are determined to be the qualified to construct the Project. The procedures and forms for prequalification are set forth in or attached to the Request for Prequalification, of which these Instructions to Applicants are a part. All firms meeting the minimum requirements in Attachment 1, Prequalification Questionnaire will be prequalified. The prequalification documents consist of a questionnaire that will be responded to by the Subcontractor, and prequalification will be determined by University in accordance with this document. The minimum number of points necessary for Prequalification are as follows: Section I To prequalify, a minimum score of seventy (70) out of eighty-three (83) is required. Section II To prequalify, a minimum score of forty-eight (48) out of fifty-three (53) is required. Section III To prequalify, a minimum score of twenty-seven (27) out of thirty-two (32) is required. 2. 2 NOT USED 2.3 Project Budget. The Project Budget for the design and construction of the Project, inclusive of all costs of design, engineering, construction, supervision and management, is approximately $110,780,000. The Project Budget is subject to change: (1) at any time prior to Award, in the sole and absolute discretion of University, by issuance of a Bid Addendum; or (2) at any time after Award in accordance with the terms of the Subcontract. 2.4 NOT USED 2.5 Contract Time. The Contract Time for performance of the Work from tice to Proceed with commencement of the Preconstruction Design Assist portion of the Work to Final Completion is thirty (30) months. The Contract Time is subject to change: (1) at any time prior to Award, in the sole and absolute discretion of the University, by issuance of a Bid Addendum; or (2) at any time after the Award in accordance with the terms Contract Agreement. 2.6 Liquidated Damages. The Subcontract includes provisions for payment of liquidated damages to the CM at Risk Contractor of $6,500 per Day if the Subcontractor fails to complete the Work within the Contract Time as adjusted for extensions of time permitted under the terms of the General Conditions. After Substantial Completion, the rate for liquidated damages shall be reduced to the sum of $1,000 per ADDENDUM 12 Instructions for Prequalification Page 6 of 44
Day 2.7 Bonds and Insurance. Each Prequalified Bidder shall be required as part of its Bid to deliver to University a Bid Bond as security to ensure that the successful Entities will, if they receive the Award, enter into Subcontracts and deliver the other Post-Award Submittals required by the Bid Documents. Additionally, the Entity that is selected for Award of the Subcontract shall possess and be required to submit evidence of: (1) sufficient bonding (performance and payment) to cover the full amount of the Contract Price, utilizing bond forms provided by University. (2) all other insurance coverages required to be provided by the Subcontractor under the terms of the Subcontract. 2.8 Award. University will issue a written decision supporting its Award of the Subcontract to the successful Entity stating in detail the basis of the Award. The identity of the successful Entity shall be publically announced, along with the total price of its Bid. The successful Entity will sign a Subcontract Agreement directly with the CM at Risk Contractor. 2.9 Subcontract. A copy of the proposed Subcontract that the CM at Risk Contractor contemplates issuing to the successful Entity will be provided to the Prequalified Entities. CM at Risk Contractor reserves the right, exercised in its sole discretion, at any time prior to Award to unilaterally change, by addition, modification or deletion, any of the terms of the Subcontract in accordance with the procedures set forth in the Bid Documents. 2.10 Sub-Subcontractors. All subcontracts with Subcontractors who are not otherwise required to be pre-qualified pursuant to Section 2.18, below, shall be awarded by the successful Subcontractor in accordance with the process set forth in the Bid Documents. 2.11 Labor Compliance. The successful Entity to whom the Award of the Subcontract is made will be required to comply with all of the applicable provisions of the California Labor Code (including, without limitation, payment of prevailing wages, maintenance and submission of weekly certified payrolls and hiring of apprentices. 2.12 NOT USED 2.13 NOT USED 2.14 NOT USED 2.15 Licensing. 2.15.1 Applicant License. Except as otherwise permitted by this Section 2.15, each Applicant must possess at the time of submission of its Prequalification Submittal and at all times during conducting of the processes contemplated by the Request for Prequalification and Bid Documents a license issued by the State of California Contractors State Licensing Board that is in current, active and in good standing for the scope of work that will be contracted. 2.15.2 Joint Ventures. If the Applicant is a joint venture consisting of two or more individuals, firms, partnerships, corporations, associations or other organizations in which at least one of such joint venture s holds the aforementioned license, then such Entity shall be entitled, notwithstanding the absence of separate joint venture license, to participate in the processes set forth in the Request for Prequalification and Bidding; provided, however, that if such Applicant is selected to receive Award of the Subcontract then it must possess, at the time of Award of the Subcontract, a separate joint venture contractor s license issued by the State of California Contractors State Licensing Board that is then current, active and in good standing for the scope of work that will be contracted. 2.15.3 Sub-Subcontractors, Subconsultants. In addition to the licensing requirements set forth in this Section 2.15, all persons or entities acting as subconsultants or sub-subcontractors that the Applicant is required to pre-qualify pursuant to the Prequalification Documents, shall possess, at the time of submission by the Applicant of its Prequalification Submittal, all licenses required by Applicable Laws ADDENDUM 12 Instructions for Prequalification Page 7 of 44
to be issued for the contracting and performance of the particular professional service or trade work with respect to which prequalification of such person or entity is required. 2.16 NOT USED 2.17 Safety Record. Safety is a core emphasis on all University Projects, and a zero tolerance policy is in place for violations of safety standards. Applicants must meet the following minimum safety requirements: (1) Applicants must meet the minimum requirements for an acceptable safety record. (a) its experience modification rate for the past five years shall average less than 1.15, and (b) its average total recordable injury or illness rate and average lost work rate for the most recent five-year period does not exceed the applicable statistical standards for its business category, or that it is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the California Labor Code. Any variance from these requirements will be entertained by University based on written request and explanation by the non-conforming Applicant, with any variances being granted or denied at the sole and absolute discretion of the University. 2.18 Subconsultants and Subcontractors. Applicants shall provide all information requested by the, Attachment 1 attached hereto pertinent to the Prequalification of the following: 2.18.1 NOT USED 2.18.2 NOT USED 2.18.3 Sub-subcontractors. Applicant shall propose for prequalification Proposed Sub-subcontractor(s) to perform the work of the trades that will not be performed by the Subcontractor. Any number of Proposed Sub-subcontractors may be proposed except that work performed by the Subcontractor must constitute 65% of the work contracted to the Subcontractor. 2.19 NOT USED 2.20 Substitution of Team Members. changes in or additions to Entity Members, or to Subconsultants or Sub-subcontractors that have been pre-qualified pursuant to the prequalification process for the Project, shall be permitted after the deadline in the Bid Schedule for submission of Bids, except with the prior written authorization of University which authorization may be granted or withheld in University s sole and absolute discretion. 2.21 Local, Small and Emerging Businesses Participation. Every effort will be made to ensure that all persons have equal access to contracts and other business opportunities with the University within the limits imposed by law or University policy. Each Bidder may be required to show evidence of its equal employment opportunity policy. The successful Bidder and its subcontractors will be required to follow the nondiscrimination requirements set forth in the Bidding Documents and to pay prevailing wage at the location of the work. ADDENDUM 12 Instructions for Prequalification Page 8 of 44
The work described in the contract is a public work subject to section 1771 of the California Labor Code. ARTICLE 3 OWNERSHIP, COPYRIGHT, AND CONFIDENTIALITY 3.1 Ownership, Copyright. Drawings, renderings, models, building designs, design approaches, design details, construction techniques, procedures, means and methods and other technical design and construction information contained within a Bid shall be deemed the sole and exclusive property of the University, all copyrights thereto shall be deemed assigned to and held by the University, and the Bidder shall retain no property, copyright or other proprietary rights with respect thereto; provided, however, that: (1) nothing herein shall be interpreted as prohibiting or limiting the right of a Bidder that does not receive Award of a Subcontract to (a) copy, use or incorporate such technical design information contained within its own Bid for its own use in connection the conduct of its business, trade or profession, and/or (b) assign, grant or transfer to any third person or entity (for profit or otherwise) the right to copy or use such technical design information for any purpose; and (2) with respect to the Bidder who receives Award of a Subcontract, such Bidders rights and obligations with respect to copying, use or incorporation of such technical design information in any projects, structures or work other than the Project shall be governed solely by the terms of the Subcontract. The University rights hereunder include, without limitation, the right after Award of the Subcontract to incorporate into its design for the Project any of the building designs, design approaches, design details, construction techniques, procedures, means and methods and other technical design and construction information contained in any Bid that is received from any Bidder submitting a Bid whether or not such technical information constitutes Proprietary Information as that term is defined in Section 3.2, below. 3.2 Confidentiality of Proprietary Information. twithstanding and without limitation to University s rights set forth in Section 3.1, above, University shall, to the extent not inconsistent with the University obligations under Applicable Laws pertaining to the disclosure of public records, at all times prior to Award of a Subcontract refrain from disclosing to any competing Bidders the content of any Proprietary Information contained in a Bidders Bid. University s obligation of confidentiality as set forth herein shall terminate upon Award of a Subcontract. The aforementioned obligation of University with respect to maintaining the confidentiality of technical information in a Bid shall constitute University s sole and exclusive obligation of confidentiality that shall exist, at any time either before or after Award, with respect to such matters. 3.3 Confidentiality of Pricing Information. University shall, to the extent not inconsistent with the University s obligations under Applicable Laws pertaining to disclosure of public records, at all times prior to Award of the Subcontract refrain from disclosing to competing Bidders any information on prices or pricing that is contained in a Bidders Bid. The aforementioned obligation of the University with respect to maintaining the confidentiality of prices and pricing information in a Bid shall constitute University s sole and exclusive obligation of confidentiality that shall exist, at any time either before or after Award, with respect to such matters. ARTICLE 4 APPLICANT REPRESENTATIONS 4.1 Each Applicant, by submitting its Prequalification Submittal, represents that: 4.1.1 Compliance with Prequalification Documents. The Applicants Prequalification Submittal is made in compliance with these Instructions to Applicants and its attachments. 4.1.2 Due Authorization. The persons or entities verifying the information contained in the Applicants are authorized to do so and any such signer that is a corporation is authorized to do business in, and is in good standing under the laws of, the State of California. ADDENDUM 12 Instructions for Prequalification Page 9 of 44
4.1.3 License Status. The Applicant and its other Subcontractors meet the requirements of the Prequalification Documents pertaining to licensing. 4.1.4 Immigration Reform and Control Act. The Applicant is in full compliance with the provisions of the Immigration Reform and Control Act of 1986 ("IRCA"), as well any similar provisions of applicable laws setting forth proscriptions or penalties relating to the employment or hiring of undocumented aliens. 4.1.5 Labor Compliance. The Applicant will, if awarded a contract within the classification of contracts, comply with all of the applicable provisions of the California Labor Code, including, without limitation, payment of prevailing wages, maintenance and submission of weekly certified payrolls and hiring of apprentices. 4.1.6 NOT USED ARTICLE 5 PREQUALIFICATION DOCUMENTS, SCHEDULE, AND PROCEDURES 5.1 PREQUALIFICATION DOCUMENTS 5.1.1 Prequalification Documents. The Prequalification Documents consist of the following: (1) Advertisement for Prequalification of Subcontractors; (2) Instructions to Applicants (including, without limitation, all attachments hereto); (3) ; (4) Prequalification Addenda.5.1.2 Prequalification Submittal. The following documents are required to be submitted to the University by Applicants in order to be considered for Prequalification: Attachment. 1: Attachment. 2: Attachment. 3: Attachment. 4: Attachment. 5: Completed and Signed NOT USED NOT USED NOT USED NOT USED All other documents or information requested by the or these Instructions to Applicants. 5.1.3. Applicants will be evaluated for prequalification based on the responses they provide in the and in the other documents, if any, that they are required to submit with the completed. All responses to the questions in the must be made on the form of attached hereto as Attachment 1, excepting only where specifically invited in the Prequalification Documents to be submitted as a separate document. Applicants must provide, in order to responsive, all available information that is required by the. Failure to provide available information that is requested in a question may be deemed by the University as a failure to respond to the question. Except as otherwise expressly permitted by the Prequalification Documents, all information provided shall be current as of the date of submission by Applicant of its Prequalification Submittal. 5.1.4 How to Calculate Time Periods. If these Instructions or its attachments ask the Applicant to provide information or respond to a question concerning the events occurring within a stated time period ADDENDUM 12 Instructions for Prequalification Page 10 of 44
that has passed (such as, within the past 5 years ), it shall be deemed to mean the period of time that precedes the date that the Applicant first submits its Prequalification Submittal. If a question asks for information pertaining to a stated number of prior full calendar (or fiscal) years, it shall mean the stated number calendar years immediately preceding the calendar year in which the Prequalification Submittal is submitted by Applicant. If these Instructions or its attachments ask, by exact words or substance, that the Applicant provide information concerning conditions or circumstances as they exist currently, it shall be deemed to refer to the co conditions or circumstances as they exist on the date that the Applicant first submits its Prequalification Submittal. 5.2 PREQUALIFICATION SCHEDULE 5.2.1 Prequalification Schedule. The following is the anticipated schedule for the Request for Prequalification processes:.1 Advertisement for Prequalification: September 13, 2013.2 Mandatory Prequalification Conferences: September 17, 2013 10:00 a.m. AND October 3, 2013 at 1:30 p.m. MANDATORY PREQUALIFICATION CONFERENCE: A Mandatory Prequalification Conference will be conducted on September 17, 2013 beginning promptly at 10:00 a.m. Only structural concrete subcontractor bidders who participate in the Conference in its entirety will be allowed to submit prequalification documents and, if prequalification is achieved, bid on the Project as structural concrete subcontractors. Participants must arrive at or before the above-specified time. Persons arriving later than said time will not be allowed to submit prequalification documents or submit bids as structural concrete subcontractors. Participants shall meet at Capital Programs Building, 1060 Veteran Avenue (follow signs to the meeting room), UCLA campus (refer to the online UCLA Campus Map at www.ucla.edu/map). For further information, contact University s Project Manager Mark Voltz at (310) 794-4168. MANDATORY PREQUALIFICATION CONFERENCES: A Mandatory Prequalification Conference will be conducted on September 17, 2013 beginning promptly at 10:00 a.m., and again on October 3, 2013 beginning promptly at 1:30 p.m. Only structural concrete subcontractor bidders who participate in at least one of the Conferences in its entirety will be allowed to submit prequalification documents and, if prequalification is achieved, bid on the Project as structural concrete subcontractors. Participants must arrive at or before the above-specified time. Persons arriving later than said time will not be allowed to submit prequalification documents or submit bids as structural concrete subcontractors. Participants shall meet at Capital Programs Building, 1060 Veteran Avenue (follow signs to the meeting room), UCLA campus (refer to the online UCLA Campus Map at www.ucla.edu/map). For further information, contact University s Project Manager Mark Voltz at (310) 794-4168. NOTES: 1. Attendee shall be a staff member of the subcontractor bidder s firm who will be actively involved in responding to this Prequalification, and who is highly knowledgeable of the firm s potential response to the prequalification criteria. 2. Attendees are advised that parking may be difficult. Attendees must allow ample time to drive to the above location in heavy traffic, find a parking space, walk to the building, and arrive in the designated Meeting Room prior to the required time. It is currently anticipated that the Conference will last at least 2 hours..3 Deadline for Requests for Clarification: September 20, 2013, 3:00 p.m.october 9, 2013, 2:00 p.m. ADDENDUM 12 Instructions for Prequalification Page 11 of 44
.4 Prequalification Submittals Due: October 1, 2013, 2:00 p.m.october 17, 2013, 2:00 p.m. 5.2.2 Schedule Changes. University reserves the right, at any time and in its sole and absolute discretion, to make additions, modifications or deletions to any of the events or dates that comprise the Prequalification Schedule by issuance of a Prequalification Addendum. References in the Prequalification Documents to the Prequalification Schedule, or dates in the Prequalification Schedule, shall mean those set forth in Paragraph 5.2.1, above, as adjusted by any changes thereto made pursuant to this Paragraph 5.2.2. 5.3 PREQUALIFICATION PROCEDURES 5.3.1 Selection Committee. The Prequalification Selection Committee will conduct the evaluation, ranking and selection of the Entities. 5.3.2 Prequalified Bidders. University will post the list of Prequalified Bidders who will be invited to submit Bids for the project. 5.3.3 Unauthorized Communications. Unless and except requested to do so in writing by as otherwise permitted by these Instructions, Applicants (including, without limitation, Entity Members, Subconsultants and Sub-subcontractors) shall not, prior to completion of the prequalification process, communicate, either verbally or in writing, with: (1) any member of the Prequalification Selection Committee; (2) any consultant or professional retained by the University for the purpose of providing the University advice or professional services in respect to the Project or the Request for Prequalification or Bid process; or (3) any employee or representative of the University. 5.3.4 Public Proceedings. All proceedings related to the prequalification of Applicants, other than the Prequalification Conference, shall be closed to the public. ADDENDUM 12 Instructions for Prequalification Page 12 of 44
5.3.5 Submission. Prequalification Submittals shall be hand delivered to: Contracts Administration University of California, Los Angeles 1060 Veteran Avenue, Suite 125 Los Angeles, CA 90095-1365 310-825-7015 At any time Monday through Friday during regular working hours of 8:00 a.m. to 4:00 p.m., up to and including October 1,2013, 2:00 p.m. October 17, 2013, 2:00 p.m. Except as permitted by Paragraph 5.3.17 below (concerning updating of information due to new or changed circumstances), submissions after the aforementioned deadline will not be considered. The Applicant assumes full and sole responsibility for timely receipt of its complete Prequalification Submittal at the aforementioned location designated for receipt thereof. Prequalification Submittals that are received after the deadline specified in these Instructions to Applicants shall be returned unopened. 5.3.6 Requests for Clarification. Applicants are solely responsible to seek clarification, if needed, of any portion of the Prequalification Documents by means of a written Request for Clarification. All Requests for Clarification of the Prequalification Documents must be submitted, prior to September 20, 2013 at 3:00 p.m. October 9, 2013 at 2:00 p.m., by hand delivery, mail, fax or e-mail to the following: Mark Voltz 1060 Veteran Avenue Los Angeles, CA 90095 Fax: (310) 794-5269 E-mail: mvoltz@capnet.ucla.edu Requests for Clarification of the Prequalification Documents received after that time will not be responded to. Failure by an Applicant to seek clarification of any portion of the Prequalification Documents shall not relieve the Applicant from its representations as set forth hereinabove nor serve as the basis for any claim by the Applicant that it was mistaken or misled in connection with the preparation of its Prequalification Submittal. 5.3.7 Prequalification Addenda. Interpretations, corrections and changes by University of the Prequalification Documents will be made by Prequalification Addenda. Interpretations, corrections and changes of the Prequalification Documents made in any other manner shall not be relied upon and will not be binding. Prequalification Addenda issued after the original or revised deadline for submission of Prequalification Submittals shall be given only to the Applicants who have submitted Prequalification Submittals in accordance with the requirements of the Prequalification Documents. tice by University of a Prequalification Addendum shall be effective if by hand delivery, mail, facsimile or e- mail. Failure of an Applicant to receive a Prequalification Addendum shall not entitle the Applicant to an extension of the Prequalification Schedule nor shall it permit the submission of any additional Prequalification information after the deadlines set forth in the Prequalification Schedule. 5.3.8 Applicable Laws. All Prequalification Submittals must be submitted, filed, made and executed in accordance with Applicable Laws, whether such Applicable Laws are expressly referred to herein or not. 5.3.9 Preparation. Those portions of the Prequalification Submittal prepared or filled in by the Applicant must be either typed or completed legibly in ink. Responses in pencil will be deemed unacceptable. For or answers for which a box is provided, indicate either or by putting a check mark or X mark in the box next to the or. If there is a requirement that the Applicant submit any additional documents, they shall be packaged as part of the Applicant s Prequalification Submittal. 5.3.10 Signatures. Each must be signed under penalty of perjury in the ADDENDUM 12 Instructions for Prequalification Page 13 of 44
manner designated at the end thereof, by a representative of the Applicant that is authorized to contractually bind the Applicant. The information provided by the Applicant is provided under oath, with the understanding that the intentional providing of false information is, in itself, grounds for disqualification. 5.3.11 Sealed Envelope. Each Prequalification Submittal, including the original and all copies, shall at the time of delivery be enclosed in a single, sealed opaque envelope. Piecemeal submissions are not permitted. Said envelope, as well as any outer envelope or packaging in which said envelope may have been placed by the Applicant or the carrier for delivery, shall be addressed and delivered as required by these Instructions and shall be clearly and conspicuously labeled with the Applicant s name and address and the words CONFIDENTIAL RESPONSE TO REQUEST FOR PREQUALIFICATION OF UCLA, LUSKIN CONFERENCE AND GUEST CENTER PROJECT NO. 946375.01. 5.3.12 Deposit, Content & Copies. Prequalification Submittals shall be deposited at the location designated in Paragraph 5.3.5 above, prior to the deadline set forth in the Prequalification Schedule. Prequalification Submittals shall contain only the information requested by the Prequalification Documents. Five (5) copies, of the Prequalification Submittal and one (1) hardcopy of the audited financial statements shall be submitted. 5.3.13 Delivery. Deposit of Prequalification Submittals shall be by hand delivery only. Oral, telephonic, facsimile or electronically (email) transmitted Prequalification Submittals will not be considered. The Applicant assumes full responsibility for timely delivery of its Prequalification Submittal at the location designated therefore in these Instructions to Applicants. 5.3.14 Withdrawal, Resubmission. Prequalification Submittals may be withdrawn at any time upon written notice to University received at the place for receipt of Prequalification Submittals. Prequalification Submittals withdrawn prior to the deadline for receipt thereof as set forth in the Prequalification Schedule may be resubmitted up to the deadline for submission thereof provided for in the Prequalification Schedule. 5.3.15 Rejection, Cancellation, Revocation. Without limitation to any of University rights under the Prequalification Documents, Applicable Laws or the terms of any contract between University and an Applicant, University reserves the right, at any time and in its sole and absolute discretion, to: (1) reject any Prequalification Submittal that fails to comply with the requirements of the Prequalification Documents or that contains any information that University determines is false or misleading; (2) reject all Prequalification Submittals; (3) withdraw and cancel its Request for Prequalification; or (4) cancel, revoke or limit the Prequalification status, rating or duration of Prequalification status of any Prequalified Bidder or Bidder based on subsequently-learned information indicating that the Prequalified Bidder s Prequalification Submittal contained false or misleading information; (5) cancel, revoke, revise or limit the pre-qualification status, scoring, rating, or ranking of any Prequalified Bidder or Bidder based on receipt of new information that the Prequalified Bidder or Bidder is obligated to disclose in accordance with its continuing obligations under Paragraph5.3.16, below, including, without limitation, any such new information that reflects a material change in the financial condition of any person or entity whose financial ability or financial condition was submitted as part of the Applicants Prequalification Submittal; or (6) cancel, revoke, revise or limit the Prequalification status, scoring, rating, or ranking of all Prequalified Bidders or Bidders for any reason, without cause and for its convenience (with or without the issuance of a further Request for Prequalification). Exercise by University of its rights under this Paragraph 5.3.15 or of any other right of University under these Instructions to Applicants or Applicable Laws to cancel, revoke, revise or limit the Prequalification status, scoring, rating or duration of Prequalification status of any Prequalified Bidder or Bidder shall not, under any circumstances, give rise to any liability or obligation on the part of University nor shall it constitute grounds for any claim by an Applicant for recovery from University of any loss, damage, cost or expense. 5.3.16 Continuing Obligation. Applicant has the continuing obligation, commencing upon submission of its Prequalification Submittal, to immediately notify the University, in writing, if it learns that any of the following have occurred: (1) any statement made in its Prequalification Submittal was false or misleading ADDENDUM 12 Instructions for Prequalification Page 14 of 44
when initially made; (2) circumstances have occurred since the Applicant submitted its Prequalification Submittal that, if they had occurred prior to the date that Applicant submitted its Prequalification Submittal, would have constituted grounds for the automatic disqualification of the Applicant the terms of the (provided, however, that the obligation set forth in Clause (2) of this Paragraph 5.3.16 shall not extend to or include the providing of information that would involve a recalculation of the Applicant s Experience Modifier Rate); or (3) the Applicant has undergone a change in ownership in which ownership of 50% of more of its stock or assets has changed. 5.3.17 Supplemental Information. University reserves the right, in its sole and absolute discretion, but shall not have the obligation, to request, receive, evaluate and score as part of its evaluation of an Applicant s Prequalification Submittal any additional or supplemental information relevant to the questions in the that University may receive from an Applicant or another source, including, without limitation, information received after the deadline for receipt of Prequalification Submittals set forth in the Prequalification Schedule. Unless requested by University in a Prequalification Addendum or otherwise required by these Instructions, an Applicant shall not have the right after the deadline in the Prequalification Schedule for receipt of Prequalification Submittals to submit new or additional information to supplement its Prequalification Submittal. 5.3.18 Project References. University reserves the right, but assumes no obligation, to contact and interview any persons or organizations identified in Applicants Prequalification Submittal, including, without limitation, Project References. Applicant assumes sole responsibility for any inaccuracies in the contact information provided by it. Incorrect contact Information for a Project Reference provided in response to a request in the may, in the sole and absolute discretion of University, result in the Project Reference being stricken. 5.3.19 Additional Investigations. In addition to University contacting the Project References listed in Applicant s responses to the, University shall have the right, but not the obligation, before or after an Applicant has been prequalified, to investigate the facts or circumstances of any response by an Applicant. University has no obligation to afford any Applicant the opportunity, as part of the scoring process of an Applicant s Prequalification Submittal or otherwise, to respond to any adverse information that may be received as a result of such investigations. In addition to the foregoing, University shall have the right, but not the obligation, before or after an Applicant has been prequalified, to designate auditors to perform audits or reviews of the books or accounts of any Applicant or Prequalified Bidder, or any other person or entity upon whose financial condition the Applicant has relied in seeking Prequalification, in order to confirm the accuracy and completeness of financial information provided. The Applicant shall make provision for and is responsible to ensure full and prompt cooperation with such audits or reviews. 5.3.20 Waiver of Irregularities. University reserves the right to waive minor or clerical irregularities, errors or omissions in the Prequalification process, in the information contained in any Prequalification Submittal or in regard to any Applicant s compliance with the Prequalification process. University determinations, in the exercise of its sole and absolute discretion, with respect to waiving or not waiving any such irregularities, errors or omissions shall be final. 5.3.21 Costs and Expenses. Applicants shall bear, at their own expense and without reimbursement by University, all costs and expense associated with their participation in the process of prequalification for the Project. 5.3.22 tices. tices by University to Applicants issued after the deadline in the Prequalification Schedule for submission of Prequalification Submittals shall be deemed delivered and received by the Applicant if provided by delivery, mail, facsimile or e-mail to the Applicant set forth in Section I, Part A of the as the Contact Person for the Applicant. 5.3.23 n-transferable. Neither an Applicant Prequalification Submittal nor a Prequalified Bidders Prequalification status is assignable or transferable. Any attempt to assign or transfer in violation of this ADDENDUM 12 Instructions for Prequalification Page 15 of 44
provision shall be deemed null and void. 5.3.24 Responsibility Determinations. A determination that an Applicant is prequalified does not constitute a waiver by University of its right to make a subsequent determination that a Prequalified Bidder or Sub-subcontractor proposed by a Prequalified Bidder, is not responsible to submit a Bid or to receive Award of a Subcontract for the Project that is the subject of this Request for Prequalification or for a contract for any other project nor shall it be interpreted as precluding University, before, at the time of or after receiving a Bid from a Prequalified Bidder for a contract, from: (1) imposing new or additional responsibility requirements upon all Applicants or Prequalified Bidders; or (2) requiring Prequalification or post-bid qualification of any sub-subcontractor or subconsultant. 5.3.25 t a Debarment. A determination by University that an Applicant is not prequalified does not, unless otherwise expressly stated by University at the time of issuance of its Prequalification determination, constitute a finding or determination of debarment or non-responsibility. 5.3.26 Debriefings. At University s option, exercised in its sole and absolute discretion, University may make available for those requesting it an opportunity for a debriefing. At the Prequalification debriefings, summaries of the overall evaluations of Prequalification Submittals will be reviewed. Copies of Prequalification Submittals or scoring of individual questions will not be provided, nor will there be pointby-point comparisons of competing Prequalification Submittals. ARTICLE 6 SCORING 6.1 Scoring of. Without limitation to any other requirements of the Prequalification Documents, scoring (including, without limitation, pass/fail scoring) of responsive Prequalification Submittals is based on the criteria outlined in Attachment 1. 6.2 Ranking. The Applicants who are not disqualified will be invited to submit bids for the project. ARTICLE 7 APPEAL 7.1 If the Applicant is determined by University not to be prequalified, the Applicant may request a review by University. Any such request must be received by University within 3 calendar days after receipt by the Applicant of the determination. The decision resulting from such review is final and is not appealable within the University of California. Any person or entity not satisfied with the outcome of the prequalification must file a writ challenging the outcome within 10 calendar days from the date of University s written notice regarding prequalification determination. Any assertion that the outcome of the prequalification process was improper will not be a ground for a bid protest. ARTICLE 8 ATTACHMENTS The following Attachments are attached hereto and incorporated as part of the Prequalification Documents by this reference: ADDENDUM 12 Instructions for Prequalification Page 16 of 44
Attachment. 1: Attachment. 2: Attachment. 3: Attachment. 4: Attachment. 5: NOT USED NOT USED NOT USED NOT USED End of Instructions ADDENDUM 12 Instructions for Prequalification Page 17 of 44
ATTACHMENT NO. 1 Identify scope of services to pre-qualify as a Subcontractor. (Check the appropriate box) Structural Concrete (forming, placement and finish) PREQUALIFICATION QUESTIONNAIRE Name of Firm Type of Firm (Check one): Corporation; Sole Proprietorship; Partnership; Other (specify) Business Address (P.O. Box unacceptable) Mailing Address (If different) Telephone. ( ) - Fax ( ) - Name of Qualifying Individual(s): Tax I.D..: Date Business Formed (see I-1 on List of Scored Questions): What was the largest amount of work completed in one year? $ What is the largest number of jobs completed in one year? ; Which year? What is the largest job completed in any year $ ; Which year? PERFORMANCE/EXPERIENCE 1. What size projects do you believe your company can undertake? Single job: $ ; Total work in progress: $ 2. In what type of concrete construction do you specialize? 3. How many years experience in public works construction has your organization had? 4. EXPERIENCE RECORD OF STAFF TO BE ASSIGNED TO PROJECT Page 18 of 44
Name Position with Firm Time with Firm Project Assignment If additional staff or an explanation is required for any of the above answers, please provide comments with dates of occurrences on attached additional signed pages SECTION I. A. ESSENTIAL REQUIREMENTS FOR QUALIFICATION NOTE: Subcontractor will be immediately disqualified if the answer to any of questions 1 through 4 is. NOTE: Subcontractor will be immediately disqualified if the answer to any of questions 5 through 8 is. 1. Subcontractor possesses a valid and current California Contractor s license for the project or projects for which it intends to submit a bid. 2. Subcontractor has a liability insurance policy with a policy limit of at least $1,000,000 per occurrence and $2,000,000 aggregate. 3. Subcontractor 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. If Subcontractors is exempt from this requirement because it has no employees, the appropriate response is. 4. Has your firm maintained a Workers Compensation Experience Modification Rate (EMR) that averages below 1.15 for the past five (5) years? 5. Has your contractor s license ever been revoked? Page 19 of 44
6. 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? 7. 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? 8. 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? te: An additional notarized statement from the surety may be requested by University at the time of submission of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid. B. Current Organization and Structure of the Business 1. For Firms That Are Corporations: a. Date incorporated: b. Under the laws of what state: c. 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 w/ Company % Ownership Page 20 of 44