2.57.050 Qualification criteria.
Prior to the award of a design-build contract, the design-build entity may be required to provide any or all of the following qualification criteria:
A. Possession of all required licenses, registrations, and credentials in good standing that are required to design and construct the project.
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 project.
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 project.
D. Submission of evidence establishing 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 demonstrating to the City’s satisfaction that the design-build entity has the capacity to complete the project.
E. Provision of a declaration that the applying members of the design-build entity 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 member of the design-build entity;
2. Civil or criminal violations of the Contractors’ State License Law against any member of the design-build entity;
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 this section, 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 or employee’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;
6. Any construction or design claim or litigation totaling more than $50,000 pending or settled against any member of the design-build entity over the last five years;
7. Any debarment, disqualification or removal from a federal, state, or local government public works project.
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.
H. In the case of a partnership or other association that is not a legal entity, a copy of the agreement creating the partnership or association and specifying that all partners or association members agree to be fully liable for the performance under the design-build contract. (Ord. 3436 § 1, 2018; Ord. 2827 § 1, 2000).