§ 22.3406 — Prequalification Criteria

§22.3406 Prequalification Criteria

Prequalification may be limited to consideration by the City of all or any of the following criteria supplied by a Design-Build Entity: (a) Possession of all required licenses, registrations, and credentials in good standing that are required for the Design-Build Entity to undertake the portion of the design and construction of the Qualifying Complex Public Facility that is to be performed by the Design-Build Entity. (b) Submission of documentation establishing that the Design-Build Entity members have completed, or demonstrated the capability to complete, projects of similar size, scope, building type, or complexity, and that proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the Qualifying Complex Public Facility. (c) Submission of a proposed project management plan establishing that the Design-Build Entity has the experience, competence, and capacity needed to effectively complete the Qualifying Complex Public Facility. (d) Submission of evidence establishing that the Design-Build Entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance, as well as a financial statement assuring the City that the Design-Build Entity has the capacity to complete the work required under the Qualifying Design-Build Agreement. (e) Provision of a declaration that the applying Design-Build Entity Members have not had a surety company finish work on any project within the past five years. (f) Provision of a declaration providing detail for the past five years concerning all of the following: (1) Civil or criminal violations of the Occupational Safety and Health Act against any Design-Build Entity Member. (2) Civil or criminal violations of the Contractors’ State License Law against any member of the Design-Build Entity Member. (3) Any conviction of any member of the Design-Build Entity of submitting a false or fraudulent claim to a public agency. (4) Civil or criminal violations of federal or state law governing the payment of wages, benefits, or personal income tax withholding, or of Federal Insurance Contributions Act (FICA) withholding requirements, state disability insurance withholding, or unemployment insurance payment requirements against any member of the Design-Build Entity. For purposes of Section 22.3406(f)(4), only violations by a Design-Build Entity Member as an employer shall be deemed applicable, unless it is shown that the Design-Build Entity Member, in his or her capacity as an employer, had knowledge of a subcontractor’s violations or failed to comply with the conditions set forth in Section 1775(b) of the State Labor Code. (5) Civil or criminal violations of federal or state law against any Design-Build Entity Member governing equal opportunity employment, contracting or subcontracting. (g) Provision of a declaration that the Design-Build Entity will comply with all other provisions of law applicable to the project. The declaration shall state that reasonable diligence has been used in its preparation and that it is true and complete to the best of the signer’s knowledge.

(“Prequalification Criteria” added 10-18-1999 by O-18696 N.S.)