Section 1102. - Certificates of prequalification.
A. Application. All applications for prequalification shall be filed with the City Clerk. Such application shall be upon forms containing the information prescribed by the Director and shall be verified before a notary public. Such application shall be accompanied by the following:
1. An audited financial statement by new applicants, except when application is for a Class E Prime Contractor Construction Certificate, in which case a reviewed financial statement from a Certified Public Account indicating a current asset-to-debt ratio of not less than 1.5 may be substituted for an audited financial statement;
2. A statement from a surety that the applicant is qualified and, if the applicant is the successful bidder, that the surety will furnish bonds as required by the contracting agency; and
3. Authorization for applicant's bank to release credit history to the Director.
The City Clerk shall immediately transmit, upon receiving and filing, such application and information to the Director for consideration as provided herein.
B. Application Fees. At the time of filing, each applicant shall pay to the City a filing fee according to the following schedule for an original application and for the filing of renewal or reinstatement applications.
Filing Fee
Class | Original Application | Renewal Or Reinstatement
A | $225.00 | $25.00
B | $225.00 | $25.00
C | $225.00 | $25.00
D | $225.00 | $25.00
E | $225.00 | $25.00
S | $225.00 | $25.00
In the event an applicant applies for or is qualified to bid upon one (1) or more of the above classes or categories of public improvements, only one (1) fee for the original application or renewal or reinstatement shall be paid, which fee shall be that provided for the highest classification or category for which application is made or prequalification certificate issued.
C. Issuance and Recordation. Upon the receipt of an application and the completion of the investigation called for in Section 1101, the Director shall approve or disapprove the application. Such approval or disapproval shall be entered by the City Clerk in a prequalification record to be kept as part of the public records of the City of Tulsa. If the application is approved, the City Clerk shall issue or cause to be issued to the applicant a certificate setting forth the fact of prequalification and the class of certificate for which such applicant has been approved. The contractor's prequalification record kept by the City Clerk shall contain the name and business address of the applicant, the date of issuance of the certificate of prequalification and the class of certificate issued, together with any change, modification, revocation or suspension of such certificate.
D. Revocation or Suspension of Prequalifications. In the event the Director determines that a Contractor's certificate of prequalification should be revoked or temporarily suspended as herein provided, the Director shall notify the Contractor and shall afford the Contractor an opportunity to be heard. Such notice of revocation or suspension shall give the reasons therefore and shall state the date, time and place of the hearing before the Director. After the hearing, or in the event the Contractor fails to appear at such hearing, the Director shall, within five (5) days, issue his order revoking or temporarily suspending the certificate of prequalification, allowing the certificate to remain in effect or amending the certificate. In the event that the Contractor's certificate of prequalification is revoked or temporarily suspended, such revocation or suspension shall be subject to express conditions for reinstatement.
E. Appeal. An appeal from the Director's decision to revoke, suspend or modify a prequalification certificate may be taken to the Council by the filing of a notice of appeal with the City Clerk within ten (10) days of date of the order of revocation, suspension or modification of the certificate.
F. Expiration. All certificates of prequalification shall expire on the 90th day following the end of the fiscal year of the certificate holder except that a certificate shall be automatically extended pending approval by the Director of a timely filed renewal application. All certificates of prequalification must be renewed annually by filing an application for renewal on forms containing the information prescribed by the Director, and by paying the renewal application fees as above provided. All such renewals shall be for a period of one (1) year from the expiration date. If the renewal application is not received within ten (10) days after the expiration date of a certificate, the applicant must file an original application. An extension of ninety (90) days in which to file a renewal application shall be granted upon the filing of a request with the City Clerk within ten (10) days of the expiration of the current certificate of prequalification.
G. Special Requirements for Certification. No certification of prequalification shall be issued to any applicant unless and until, in addition to establishing qualification to the satisfaction of the Director in accordance with the provisions contained herein, the applicant establishes:
1. If an individual, that he has been actively engaged in supervising construction work in the category and classification for which certification is required, continuously for an uninterrupted period of at least two (2) years within the five (5) years next preceding the date of application; or
2. If a partnership, individual, joint venture or other bidding entity except a corporation, that at least one (1) of the partners, joint venturers, members or employees of such association or bidding entity has been engaged in a supervisory capacity in the category and classification for which certification is requested, continuously for an uninterrupted period of at least two (2) of the five (5) years immediately preceding the date of application; providing that such partner, joint venturer, member or employee shall remain in the employ of the Contractor during the period of the prequalification certificate and during the performance of any contract with the City of Tulsa; or
3. If a corporation, that either the chief executive officer or the officer having the responsibility for the management, supervision, control and conduct of any work to be done by the corporation under the certificate of prequalification, has been actively engaged in a supervisory capacity in the category or classification of work for which the certificate is requested, continuously for an uninterrupted period of at least two (2) of the five (5) years immediately preceding the date of application; provided, however, that a certificate of prequalification may be awarded upon establishing that the employee, servant or agent who shall be named in the application as having direct personal supervision and control over any work to be performed under the certificate of prequalification has had the experience above required, and provided that such person shall remain in the employ of the corporation during the period of the prequalification certificate and during the performance of any contract with the City of Tulsa.
H. Service Agent Required for Nonresident Applicants. In the case of applicants who are not residents of Tulsa County, Oklahoma, or who do not have their principal place of business in Tulsa County, Oklahoma, no certificates of prequalification shall be issued unless such applicant shall designate, as a part of its application, an individual resident of Tulsa County, Oklahoma, as a service agent upon whom service of process may be made by the City of Tulsa in any action against the applicant arising from the performance of or involving any contract that may be awarded to the applicant under a certificate of prequalification.
I. Construction Manager Recommendation. The recommendation of the construction manager for Class E applications will be based on the construction manager's investigation and evaluation of the applicant's capabilities, past experience, safety record, current work load, bonding capacity and other criteria set forth in this chapter.
(Ord. Nos. 17106, 17285, 17473, 17990, 21207; Ord. No. 22910, § 1, 7-18-2013)
