Complaint Against Ansaldo Honolulu

4

description

 

Transcript of Complaint Against Ansaldo Honolulu

Page 1: Complaint Against Ansaldo Honolulu
Page 2: Complaint Against Ansaldo Honolulu

PROJECT INFORMATION2. OWNEROFCONSTRUCTIONSITE 3. CONSTRUCTIONSITEADDRESS:street andnumber

Gty and County of Honolulu

ADDRESS: PHONE CITYIZIP PHONE

4. Describe briefly the work induded with the contract:

The Core Systems Design-Build-Operate-Maintain Contract 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 andfor at least 10years following the full operation of the system.

5. CONTRACTDATE 6. AMOUNT 7. AMT PAIDONCONTRACT 8. DATEWORKSTARTED 9. DATEWORKCEASED

Not yet signed $1,397,387,093 $0 Not yet started N/A

10. Why did you choose this contractor?

o Regular Contractor

o Referred by someone

o Door-to-door Solicitation 0 Advertisement (enclose copy of the ad if possible)

o Other (explain)

11. BRIEFLYSTATEYOURCOMPLAINT(Attacha separate sheet if necessary):

Ansaldo Honolulu JV failed to obtain an nAn General Engineering Contractor's License from the State of Hawaii prior to submitting aproposal for the Core Systems Design-Build-Operate-Maintain Contract for the Honolulu-High Capacity Transit Corridor Project.

See attached for further detail.

12. Is this project a: Residence 0 Commercial Building 0 Other !8113. Is this project a: Addition 0

Written ~

Repair/Replace 0Oral 0

New Construction [gJ New Purchase [gJ14.

15.

Is contract: New Home Purchase Agreement 0Are there any change orders? Yes 0 No ~

16. Is your complaint Failure to complete 0 Workmanship 0 Other ~ Failure to obtain license

17. Building permit obtained by: Contractor 0 You 0 Do not know ~

18. Who presented the contract? (name): 0 Salesperson

[gJ Do not know

19.

o Contractor

Does this contractor have any employees? Yes 0Were employees, subcontractors, or materialmen paid?

If so, how many? ----- No 0 Do not know ~

20. Yes 0 No 0 Do not know [gJNo 0 Do not know [8]21. Are any liens filed on this job? Yes 0 By whom?

---------------------

Page 3: Complaint Against Ansaldo Honolulu

22. Did you obtain an estimate from another contractor to complete or correct the job? Yes 0 No 0If yes, please provide name, address, phone number of the contractor and a copy of the estimate.

N/A

23. What would resolve your complaint? Please remember that what you want as a resolution may not be within thejurisdiction of this office.

Any and all remediesappropriate under Hawaii RevisedStatutesChapter 444, including fines and forfeiture of Contractor'sUcense.

Please attach complete COPIES of the following documents, if applicable.they will not be returned to you.o CONTRACT

o RECEIPTS

o CORRESPONDENCE

o OTHER (PLEASE LIST)

Do not send originals,

ooo

CHANGE ORDERS

CANCELED CHECKS (FRONT AND BACK)

PLANS AND SPECIFICATIONS

FOR YOUR INFORMATION:

A. RICO cannot direct an unlicensed contractor tocomplete or correct a project.

C. RICO cannot represent private citizens in courtnor collect any money for you. Please contact anattorney for advice on filing such an action

B. In addition to this complaint. you may also file anaction in civil court. Please get advice from anattorney on filing such a complaint.

If your dispute involves an amount of $3,500 or less,you may consider filing a claim in Small Claims Court

D. You may be able to file a claim through theRecovery Fund. Please contact your attorney fordetails. (Refer to Section 444-26. Hawaii RevisedStatures).

If you believe this complaint involves issues particularly affecting the elderly, please check here. 0

The 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: ,,-.4l ._~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 COMPLAINT

This 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.

Page 4: Complaint Against Ansaldo Honolulu

Attachment to Part 11 of the Contractor Complaint Form

Without having a license, Ansaldo Honolulu N made an offer to perform work which required aHawaii contractor's 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 contractor's 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 Contractor's 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 violationof the licensing laws by Ansaldo. However, where, as here,Hawaii law does not explicitly require the disqualification penaltythat Sumitomo argues for, the issue of what consequences shouldresult because of Ansaldo's failure to have a license whensubmitting responses to RFP Part 1 and RFP Part 2 is left to theContractors Licensing Board. HRS § 444-4 authorizes the Boardto enforce HRS Chapter 444 and, for example, suspend or revokeany license on account oflicensing violations. HRS § 444-23authorizes fines for violation of the licensing laws. The Board hasthe authority to fashion a remedy and/or penalties it determines tobe appropriate under the circumstances.