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2008-018-Pursuant To Public Contract Code Section 20101 Adopting A Uniform System Of Rating Bidders And An Appeal Process For The Pre-Qualification Of Prospective Bidders For Public Works ProjectsRESOLUTION 2008-018 RESOLUTION OF TIIE TOWN COUNCIL OF THE TOWN OF LOS GATOS PURSUANT TO PUBLIC CONTRACT CODE SECTION 20101 ADOPTING A UNIFORM SYSTEM OF RATING BIDDERS AND AN APPEAL PROCESS FOR THE PRE-QUALIFICATION OF PROSPECTIVE BIDDERS FOR PUBLIC WORKS PROJECTS WHEREAS: A. The Town is subject to competitive bidding requirements for all public .works projects valued at or in excess of .$5,000. B. Section 20101 of the California Public Contracts Code authorizes the Town to engage in a process of pre-qualifying prospective bidders for public works construction projects. C. Section 20101 of the California Public Contracts Code requires that any agency requiring prospective bidders to complete and submit questionnaires and financial statements as part of apre-qualification process must also adopt and apply a uniform system based on objective criteria for rating bidders on the basis of the completed questionnaires and financial statements, in order to determine both the minimum requirements permitted for qualification to bid, and the type and size of the contracts upon which each bidder shall be deemed qualified to bid. D. Section 20101 of the California Public Contracts Code fiirther requires that any agency employing procedures for pre-qualification of prospective bidders also establish a process that will allow prospective bidders to dispute their proposed pre-qualification rating prior to the closing time for receipt of bids. E. The Town had embarked on a project to remodel an existing commercial structure at 15900 Los Gatos Boulevard for use as a new Police Operations Building, a specialty public works project demanding the skills, knowledge and financial soundness of a public works contractor experienced in constructing similar projects. F. The Town Council desires to adopt a uniform rating system and appeals process in order to use the pre-qualification process .authorized by Section 20101 of the California Public Contracts Code for the Police Operations Building public works construction project. RESOLVED: 1. The Town hereby approves and adopts the uniform system based on objective criteria for rating bidders on the basis of the completed questionnaires and financial statements, attached hereto, and by this reference, incorporated herein as Exhibit "A" to this resolution. 2. The Town hereby approves and adopts the process to allow prospective bidders to dispute their proposed pre-qualification rating prior to the closing time for receipt of bids, attached hereto, and by this reference, incorporated herein as Exhibit "B" to this resohition. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 3rd day of March 2008, by the following vote: COUNCIL MEMBERS.: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor Barbara Spector NAYS: None ABSENT: ABSTAIN: TTEST -~-- CLE K OF THE TOWN OF LOS GATOS LOS GATOS, CA~,IFORNIA c;_ aw \ F THE TOWN OF LOS GATOS iS, CALIFORNIA EXHIBIT A PROCEDURES FOR RATING PROSPECTIVE BIDDERS FOR PUBLIC WORKS PROJECTS EXHIBIT B APPEALS OF PRE-QUALIFICATION RATINGS The Town of Los Gatos may refuse to grant pre-qualification where the requested information and materials are not provided in accordance with the submission deadline. There is no appeal from a refusal due to for an incomplete or late application, but re-application for a later project is permitted. The closing time for bids will not be changed in order to accommodate supplementation of incomplete submissions, or late submissions. 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 the Town of Los Gatos of its appeal of the decision with respect to its pre-qualification rating, no later than ten (10) business days prior to the closing time for the receipt of bids for this public works project. Without a timely appeal, the contractor waives any and all rights to challenge the decision of the Town of Los Gatos, 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 prior to the last date for the receipt of bids on the project. The hearing shall be an informal process conducted by the Town Manager, or the Town Manager's designee. At or prior to the hearing, the contractor will be advised of the basis for the Town of Los Gatos' pre-qualification determination. The contractor will be given the opportunity to present information and present reasons in opposition to the rating. Within one (1) day after the conclusion of the hearing, the Town Manager or designee will render a decision. It is the intention of the Town of Los Gatos that the date for the submission and opening of bids will not be delayed or postponed to allow for completion of an appeal process.