CC RES 2012-086 RESOLUTION NO. 2012-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING THE APPEALS
PROCESS REGARDING PRE-QUALIFICATION OF
BIDDERS FOR THE SAN RAMON CANYON PROJECT.
WHEREAS, the City of Rancho Palos Verdes ("City") intends to bid out a complex
project for the construction of a storm drain and related work, including but not limited to
tunneling, open trench pipe installations, shoring, bedding, backfill, construction of inlet
and outlet structures, access roads, catch basins, manholes, junction structures, and
erosion control, movement monitoring devices, pavement rehabilitation, a temporary
storage yard, water quality measures, miscellaneous surface improvement replacements,
traffic control, and related appurtenances, all on or near San Ramon Canyon ("the
Project"); and
WHEREAS, due to the complexity and scope of the Project, and pursuant to the
City's authority in California Public Contract Code Section 20101, the City will be pre-
qualify all contractors seeking to bid on the Project; and
WHEREAS, City staff has drafted a pre-qualification questionnaire and adopted a
uniform system of rating the bidders; and
WHEREAS, the City Council now wishes to approve a process that will allow
prospective bidders on the Project that do not pre-qualify to dispute their pre-qualification
rating prior to the closing time for receipt of bids;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds that the above recitals are true and correct
and hereby incorporates them into this Resolution by this reference.
Section 2. The prequalification application process shall be as follows:
a. Contractors may submit pre-qualification applications during the City's
regular business hours on any day that the offices of the City are open. All pre-
qualification materials must be completed and submitted to the City by December 5, 2012.
b. The City will send out the pre-qualification determinations for all contractors
who submitted complete and timely pre-qualification applications by December 14, 2012.
If the City's determination is that the application results in a rating below that necessary to
pre-qualify, the'City shall include in that notice the basis for the disqualification and all
supporting- evidence therefor.
Section 3. The Council hereby approves the following appeals process:
a. There is no appeal arising from the City's refusal of an incomplete or late
application.
b. Where a timely and completed application results in a rating below that
necessary to pre-qualify, the contractor may appeal the decision with respect to its pre-
qualification rating by delivering written notice to the City of its appeal by December 21,
2012. Without a timely appeal, a contractor waives any and all rights to challenge the
City's decision, whether by administrative process, judicial process or any other legal
process or proceeding.
c. If a contractor gives the required written notice of appeal and requests a
hearing, the hearing shall be conducted no earlier than January 7, 2013, and no later than
January 11, 2013.
d. The hearing shall be an informal process conducted by the Interim Public
Works Director and up to two (2) of his designees, who shall have the responsibility to hear
such appeals (the "Appeals Panel"). No formal rules of evidence or similar procedures
shall apply to the hearing. The contractor will be given the opportunity at the hearing to
present information and present reasons in opposition to the rating.
e. Within three (3) business days after the conclusion of the hearing, the
Appeals Panel will render its decision in writing. That decision shall be final.
f. Regardless of the deadlines listed herein or any appeals procedure that
occurs, the date for the submission and opening of bids will not be delayed or postponed.
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED, this 20th day of November, 2012.
Mayor
ATTEST:
'
Cit y Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2012-86 was duly and regularly passed and adopted by the said City Council
at a regular meeting held on November 20, 2012,
City Clerk
Resolution No. 2012-86
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