Complaint Against Ansaldo Honolulu

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Transcript of Complaint Against Ansaldo Honolulu

  • 1. PROJECT INFORMATION 2. OWNEROF CONSTRUCTIONSITE3. CONSTRUCTIONSITEADDRESS:street and number Gty and County of Honolulu ADDRESS:PHONECITYIZIPPHONE 4. Describe briefly the work induded with the contract: The Core Systems Design-Build-Operate-MaintainContract includes providing the rail cars, fare vending, train control, communications, traction electrification, and operations and maintenance from the initial operating segment for the Honolulu rapid transit rail project and for at least 10 years following the full operation of the system. 5. CONTRACTDATE6. AMOUNT 7. AMT PAIDON CONTRACT 8. DATEWORKSTARTED9. DATEWORK CEASEDNot yet signed$1,397,387,093$0 Not yet started N/A 10. Why did you choose this contractor?o Regular ContractoroDoor-to-door Solicitation 0Advertisement(enclose copy of the ad if possible)o Referred by someone oOther (explain) 11. BRIEFLYSTATEYOUR COMPLAINT(Attach a separate sheet if necessary): Ansaldo Honolulu JV failed to obtain an A General Engineering Contractors License from the State of Hawaii prior to submitting n n a proposal for the Core Systems Design-Build-Operate-MaintainContract for the Honolulu-High Capacity Transit Corridor Project. See attached for further detail.12. Is this project a:Residence 0 Commercial Building0 Other!8113. Is this project a:Addition 0 Repair/Replace0New Construction [gJ New Purchase[gJ14. Is contract:Written~ Oral0New Home Purchase Agreement015.Are there any change orders?Yes0No ~16.Is your complaint Failure to complete 0 Workmanship 0 Other ~ Failure to obtain license17.Building permit obtainedby: Contractor0 You 0Do not know ~18.Who presented the contract? (name): 0 Salesperson[gJDo not knowoContractor19.Does this contractor have any employees?Yes0If so, how many?0 -----NoDo not know ~20. 0 Were employees, subcontractors, or materialmen paid?YesNo 0Do not know[gJ21.Are any liens filed on this job?Yes 0 By whom?0[8] --------------------- No Do not know

2. 22.Did you obtain an estimate from another contractor to complete or correct the job? Yes 0No 0 If yes, please provide name, address, phone number of the contractor and a copy of the estimate. N/A23.What would resolve your complaint? Please remember that what you want as a resolution may not be within the jurisdiction of this office. Any and all remedies appropriate under Hawaii RevisedStatutes Chapter 444, including fines and forfeiture of Contractors Ucense.Please attach complete COPIES of the following documents, if applicable.Do not send originals,they will not be returned to you. o CONTRACT o CHANGE ORDERS o RECEIPTS o CANCELED CHECKS (FRONT AND BACK) o CORRESPONDENCE o PLANS AND SPECIFICATIONS o OTHER (PLEASE LIST)FOR YOUR INFORMATION:A.RICO cannot direct an unlicensed contractor to C.RICO cannot represent private citizens in courtcomplete or correct a project. nor collect any money for you. Please contact an attorney for advice on filing such an actionB.In addition to this complaint. you may also file an D.You may be able to file a claim through theaction in civil court. Please get advice from anattorney on filing such a complaint. Recovery Fund. Please contact your attorney for details. (Refer to Section 444-26. Hawaii RevisedIf your dispute involves an amount of $3,500 or less, Statures).you may consider filing a claim in Small Claims Court If you believe this complaint involves issues particularly affecting the elderly, please check here.0The information contained in this form is true, correct and complete to the best of my knowledge. I understand that RICO isunable to represent private parties in court.Sign here:,,-.4 l ._it ~loat .~~~~~~~~~~~~~~~~~~ ~~~h( Please submit this form with your ORIGINAL signature (failure to do 60 may delay the proceseinq of your complaint).THANK YOU FOR ASSISTING OUR EFFORTS TO REVIEW YOUR COMPLAINTThis printed material can be made available for individuals with specialneeds in braille large print or audio tape. Please submit your request tothe Complaints & Enforcement Officer at 586-2666. 3. Attachment to Part 11 of the Contractor Complaint FormWithout having a license, Ansaldo Honolulu N made an offer to perform work which required aHawaii contractors license. The offer by Ansaldo was made in connection with the CoreSystems Contract for the Honolulu High-Capacity Transit Corridor Project (the rail project).The City and County of Honolulu ("City") invited proposals on the rail project in two parts. Part1 proposals (to determine priority listed offerors) were due on June 5, 2009. Part 2 proposals (toreceive a contract) were due on June 7, 2010. Ansaldo did not obtain its contractors licenseuntil October 15,2010, well after responses to Part 1 and Part 2 were due.The City also requested two best and final offers ("BAFO"). Responses to BAF01 were dueJanuary 18,2011 and responses to BAF02 were due February 24,2011.The City required the contractor for the Core Systems Project to have an "A" generalengineering license. In addition, Hawaii law expressly requires a contractor to have a license notonly to perform work, but to make an offer to perform work on a contract. The law should beapplied to everyone. It is well-understood and even is a subject of a Frequently Asked Questionposted by the Contractors Licensing Board on its website.Ansaldo was awarded the Core Systems Contract. The notice of award was protested, amongother things, on the grounds that Ansaldo was not licensed prior to submitting its proposal.While the Hearings Officer for the Office of Administrative Hearings interpreted the RFP to notrequire that Ansaldo be disqualified from the contract, he also ruled as per the following, that theContractors Licensing Board should determine the penalties for Ansaldo s violation.The Hearings Officer does not in any way condone any violation of the licensing laws by Ansaldo. However, where, as here, Hawaii law does not explicitly require the disqualification penalty that Sumitomo argues for, the issue of what consequences should result because of Ansaldos failure to have a license when submitting responses to RFP Part 1 and RFP Part 2 is left to the Contractors Licensing Board. HRS 444-4 authorizes the Board to enforce HRS Chapter 444 and, for example, suspend or revoke any license on account oflicensing violations. HRS 444-23 authorizes fines for violation of the licensing laws. The Board has the authority to fashion a remedy and/or penalties it determines to be appropriate under the circumstances.