§ 4-506. CONSIDERATION OF SUBMITTED PRE-QUALIFICATION DOCUMENTATION.

All declarations submitted pursuant to this section shall be signed under penalty of perjury and 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. Pre-qualification may be limited to consideration of all or any of the following documentation or evidence submitted by a Design-Build Entity at the request of the city:

(a)

Proof of possession of all required licenses, registration and credentials in good standing that are required to design and construct the project.

(b)

Documentation establishing that the Design-Build Entity Members have completed, or demonstrated the capability to complete, a project 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)

A proposed project management plan establishing that the Design-Build Entity has the experience, competence and capacity needed to effectively complete the project.

(d)

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 project.

(e)

A declaration wherein the applying Design-Build Entity Members declare that they have not had a surety company finish work on any project within the past five years.

(f)

A declaration stating that the Design-Build Entity will comply with all laws and regulations applicable to the project.

(g)

A declaration stating that if awarded the contract, the Design-Build Entity and its Design-Build Members are in compliance with all laws and regulations regarding conflicts of interest.

(h)

A declaration for each Design-Build Entity and Design-Build Entity Member stating that each is or is not a local business.

(i)

A declaration providing all relevant information for the past five years concerning all of the following:

(1)

Any civil, criminal or administrative liability imposed, or action filed, against the Design-Build Entity or any Design-Build Entity Member for violation of the Occupational Safety and Health Act.

(2)

Any civil, criminal or administrative liability imposed, or action filed, against the Design-Build Entity or any Design-Build Entity Member for violation of the Contractors' State License Law.

(3)

Any civil, criminal or administrative liability imposed, or action filed, against the Design-Build Entity or any Design-Build Entity Member for submitting a false or fraudulent claim to a governmental agency.

(4)

Any civil, criminal or administrative liability imposed, or action filed, against the Design-Build Entity or any Design-Build Entity Member for violation 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. For purposes of this subdivision, only violations by a Design-Build Entity/Design-Build Entity Member as an employer shall be deemed applicable, unless it is shown that the Design-Build Entity/Design-Build Entity Member, in its capacity as an employer, has knowledge of a subcontractor's violations or failed to comply with the conditions set forth in Section 1775(b) of the Labor Code, as amended.

(5)

Any civil, criminal or administrative liability imposed, or action filed, against the Design-Build Entity or any Design-Build Entity Member for violation of any federal or state law governing equal opportunity employment, contracting or subcontracting.

(Added Ord. 2003-11, § 11, 4-4-03; Am. Ord. 2007-96, § 3, eff. 1-19-08).