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HomeMy WebLinkAboutExhibit FR/SRPREQUALIFICATION POOL OF CONTRACTORS FOR CITY OF MIAMI CONSTRUCTION PROJECTS PILOT PROGRAM I. PURPOSE To create an open prequalification pool ("Pool') of experienced Contractors for Vertical and Horizontal construction projects under a tiered system based on discipline and project dollar thresholds. The maximum dollar amount in the tiered threshold shall be $20,000,000. Projects over $20,000,000 shall be competitively solicited on a project -by -project basis. The benefits of establishing a performance- based prequalification Pool are three -fold. This process will: 1) Save time and money in the procurement process, through the issuance of Invitation to Quote ("ITQ") (mini competitions) within the Pool, which will be based solely on lowest price, since the Contractors in the Pool are already prequalified, as opposed to issuing individual open competitive solicitations for each project; 2) Prevent unqualified Contractors from participating in the bidding process, thus ensuring that the lowest bidder is already prequalified to perform the work; and 3) Reduce the risk of poor Contractor performance, through an annual evaluation and renewal of Pool members' qualifications and their participation in the Pool. NOTE: The Pool shall not apply to Design -Build projects, as these projects will be solicited in accordance with Florida Statute 287.055. II. POOL STRUCTURE A. Prequalification Criteria: The Contractors shall provide documentation that demonstrates Contractor's ability to satisfy the prequalification requirements in order to be considered for inclusion in the Pool. The Contractor shall provide: 1) Copies of applicable License(s) and Certificates of Competency for type of work the Contractor is licensed and/or certified in; 2) Documented and verifiable evidence of experience with construction techniques, trade standards, quality workmanship, project scheduling, cost control, management of projects, and building codes for comparable projects, as evidenced by the successful completion of a minimum of two (2) projects within the past five (5) years, that are similar in size and scope to the project (refer to Section B(2), dollar threshold tier), that the Contractor is requesting to be prequalified for; 3) Documentation that demonstrates that the Contractor has the financial resources required to follow through on projects, and to satisfy any liquidated damages assessed in the event of default. Evidence must be provided in the form of written verification of bonding capacity from a surety for any single contract and in the aggregate; 4) Documentation that supports satisfactory resolution of any claims and/or litigation that was initiated by, or against the Contractor, which was asserted on a project of the same or similar size, within the five (5) years preceding the submission of qualifications for inclusion in this Pool. This should include information concerning any prior or pending litigation, Prequalification Pool for Construction Projects Page 2 either civil or criminal, which may affect the performance of the services to be rendered herein, in which the Contractor or any of its employees are or have been involved within the last five (5) years; 5) Provide evidence that demonstrates that the Contractor will have the ability to meet the requisite insurance at the time of an ITQ. B. Prequalification Tiers: It is the intention to create a Pool of experienced Contractors for Vertical and Horizontal projects under a tiered system based on: 1) Discipline which will represent a diverse range of industry expertise, from both generalized and specialty construction firms, depending on the project. The disciplines will include, but are not limited to, General, Electrical, Roofing, Mechanical, and Air Conditioning. Contractors are not required to have expertise in all of the areas listed above in order to be considered for Pool membership. 2) Project dollar thresholds under each discipline shall be as follows: $350,001 to $500,000 • $500,001 to $1,000,000 0 $1,000,001 to $5,000,000 • $5, 000, 001 to $10, 000, 000 • $10,000,0.01 to $20,000,000 C. Small Business Enterprise:. Except as disallowed by federal or state law, or grant requirements, projects up to $500,000 will be limited to small business enterprises as defined and certified -by -the -Miami -Dade --County Small Business Enterprise ("SBE") Program. In the event that no SBE firm responds, the ITQ will be resent to all firms under the discipline and dollar threshold tier. D. Invitation to Quote (ITQ): When the City has a construction project that is estimated to be $20,000,000 or less, the Office of Capital Improvements and Transportation Program ("CITP") shall provide a scope of services to the Procurement Department ("Procurement"). Procurement will prepare the ITQ, and the prequalified Contractors under the Vertical or Horizontal specific discipline and dollar threshold tier for the project will be invited to submit sealed price quotations. The lowest responsive and responsible pre -qualified bidder will be recommended for award. All provisions contained in Section 18-89 of the City of Miami Code, entitled "Contracts for Public Works or Improvements", and Section 18-120 of the City of Miami Code, entitled "Responsible Wage Construction Contracts", shall be adhered to during the ITQ process. Participation from prequalified Contractors in the ITQ process will be based on discipline and bonding capacity as specified in the ITQ. For those projects up to $500,000, participation will be limited to Certified SBEs as described in C above. Prequalification Pool for Construction Projects Page 3 Specific subject matter expertise may be mandatory or preferred requirements on certain ITQs. It is the City's intention to create a Pool of Prequalified Contractors to be available to provide the requested services as needed.. The Pool will have as many members as the City deems appropriate. E. Pilot Program: This Pilot Program will be in place for two (2) years from the date that the Pool is established. Upon the conclusion of the two-year period, the Pilot Program shall automatically sunset, unless the City Commission extends the Pilot Program, or determines that the Pilot Program is a success, and recommends for its permanent establishment. Once the Pilot Program is codified, the Pool will be established in perpetuity. The City may cancel the Pool at its sole discretion at any time. F. Additional information regarding the Pool: 1) The City may periodically add members to the Pool; may update the prequalification requirements and may, at the City's discretion, increase the dollar threshold or add disciplines. 2) A Contractor that has been denied inclusion into the Pool, due to the lack of meeting the qualification requirements, may not re -apply for inclusion for a period up to six (6) months after the written notice of denial. 3) In the event that a Contractor's qualification package submittal is incomplete or contains inaccurate information, the City shall request in writing (via email and fax) that the Contractor provide the information within ten (10) business days of receipt of written notification. If the Contractor fails to provide the information within the requested time, the City will deny the Contractor entry into the Pool and the Contractor will have to re -apply (see 2 above). 4) Inclusion in the Pool does not guarantee work and does not provide for exclusive rights to provide services to the City. Membership in the Pool is a pre -requisite for obtaining work on potential projects issued through the Pool. However, there is no guarantee that any or all Pool members will obtain work through this process. After selection into the Pool, members will participate in an ITQ process and will be invited to submit sealed price quotations. When projects arise, Pool members will be provided a scope of work with information regarding the selection process and response requirements. Recommendations for competitive awards will be made to the responsive and responsible bidder based on price, on a project by project basis. G. Award 1) For ITQ awards up to $2,000,000, or if the project was previously approved by the City Commission on the City's "Expedite List", a list of economic stimulus capital construction projects as defined in Section 18-117 of the City of Miami Code, entitled "Economic Stimulus Awards and Agreements", the City Manager will have the delegated authority to approve without further action. A report of all awards under the City Manager's authority will be presented to the City Commission on a quarterly basis or as otherwise requested by the City Commission. Prequalification Pool for Construction Projects Page 4 2) For ITQ awards over $2,000,000, except for those projects previously approved by the City Commission under the "Expedite List", the City Manager will submit the recommendation to award to the City Commission for approval. Ill. ANNUAL EVALUATION AND RENEWAL OF PREQUALIFICATION A. The Pool will be renewed annually. Sixty (60) days prior to the renewal date, Procurement will send a notification to the Contractor which will include a renewal application to determine whether or not there have been significant changes to the Contractor's qualifications and financial status. Contractors will also be required during this annual renewal review to provide written verification of bonding capacity from a surety and insurance requirements from a carrier. B. During the annual renewal review, the City will evaluate the performance of the Contractor on all City contracts awarded through this Pool. Upon completion of a project awarded through this Pool via the ITQ process, the client department will evaluate the overall performance of the Contractor and submit a copy of the evaluation form to Procurement sixty (60) days prior to the annual renewal date. C. Evaluation Process: The evaluation form referenced above will address Contractor compliance with the project budget, timely completion of project, compliance with the local workforce requirements, responsible wages, and SBE, as well as, coordination and judicious payment of subcontractors, permits pulled in a timely manner, or delays experienced, etc. The evaluation form shall be signed by CITP, Public Works or other City department Project Manager, Assistant Director, and Director. The Contractor will be given a "Report Card" with an applicable letter grade of A through F. The process of how the evaluator will arrive at a score during evaluation is as follows: a) The evaluator will rate each item on the evaluation form with a score of 1 to 5 (5 = excellent, 4 = above average, 3 = average, 2 = below average and 1= poor). b) The scores will be added and divided by the number of items to arrive at the average score. c) To convert the scores to a percentage, the average score will be divided by 4.0 and multiplied by 100. d) The annual rating will be calculated by adding each project evaluation's percentage and dividing the total by the number of projects. The annual percentage will be represented as a letter grade as follows: 90 — 100% = A 80 — 89% = B 70-79%=C 60 — 69% = D 59% or below = F IV. SUSPENSION OR REMOVAL FROM THE POOL A. In the event that the Contractor receives a score of "D" or below, the Contractor may be considered in default. The Contractor will be notified in writing, and will be given an opportunity to respond to the default notification, in writing, within a prescribed time, not to exceed thirty (30) days. A Performance/Responsibility Review Committee ("Committee") comprised of the Prequalification Pool for Construction Projects Page 5 Procurement Department Director or their designee; CITP Director or their designee, Public Works Department Director or their designee, and an independent third party. The Committee shall review the Contractor's response to the default notification, in addition to the City's documentation of Contractor's failure to perform. The Committee may: a) pursue corrective action and recommend to meet with the Contractor to discuss; or b) may vote to recommend Contractor's suspension or removal from the Pool. Upon such recommendation from the Committee, the City Manager or designee may suspend the Contractor from participation in this Pool for a specified period of time or may remove the Contractor from the Pool. B. Other causes for suspension or removal from the Pool shall include, but are not limited to, one or more of the following: 1) The Contractor includes inaccurate or misleading statements in the Contractor's qualifications package; 2) The Contractor is declared in default; 3) The Contractor is adjudged to be bankrupt; 4) The Contractor's payment record, in connection with contract work, becomes unsatisfactory based on the Contractor's failure to comply with the Construction Contract Prompt Payment Law (F.S. 715.12); 5) The Contractor's license/certification is suspended or revoked; 6) The Contractor no longer meets the prequalification criteria established for participation in the Pool; 7) The Contractor has been debarred; 8) The Contractor has been placed on the local, state or federal suspended vendor's list; 9) The Contractor has code violations that relate to the work to be performed; and/or 10) The Contractor is delinquent in paying monies owed to the City within the past (5) five years, and thereafter has either withheld payment, failed to pay monies or is formally disputing the monies allegedly due to the City, unless the full amount of such moneys due the City have been (i) deposited with a court of competent jurisdiction in Miami - Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court", as amended, or other applicable federal, state or local rules of court; or (ii) are placed in escrow pursuant to an escrow agreement negotiated with the City Attorney and are subject to distribution to the City or withdrawal by the City by order of the court or in accordance with the terms of an escrow agreement.