California Public Contract Code § 21568.4

Public Contract Code
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The procurement process for progressive design-build projects shall proceed as follows: (a) The district shall prepare and issue a request for qualifications in order to select a design-build entity to execute the project. The request for qualifications shall include, but need not be limited to, the following elements: (1) Documentation of the size, type, and desired design character of the project and any other information deemed necessary to describe adequately the district’s needs, including the expected cost range, the methodology that will be used by the district to evaluate the design-build entity’s qualifications, the procedure for final selection of the design-build entity, and any other information deemed necessary by the district to inform interested parties of the contracting opportunity. (2) Significant factors that the district reasonably expects to consider in evaluating qualifications, including technical design and construction expertise, and all other non-price-related factors. The district may require that a preliminary cost estimate, including the basis for the estimate, be included in the design-build entities’ responses and may consider those costs in evaluation of the statements of qualifications. (3) The relative importance or the weight assigned to each of the factors identified in the request for qualifications. (4) A request for statements of qualifications with a template for the statement that is prepared by the district. The district shall require all of the following information in the statement and indicate, in the template, that the following information is required: (A) If the design-build entity is a privately held corporation, limited liability company, partnership, or joint venture, a listing of all of the entity’s shareholders, partners, or members known at the time of the statement of qualification submission who will perform work on the project. (B) Evidence that the members of the design-build team have completed, or have demonstrated the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity, and that proposed personnel have sufficient experience and training to competently manage and complete the design and construction of the project, and a financial statement that ensures that the design-build entity has the capacity to complete the project. (C) The licenses, registration, and credentials required to design and construct the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. (D) Evidence that establishes that the design-build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. (E) Information concerning workers’ compensation experience history and a worker safety program. (F) If the proposed design-build entity is a corporation, limited liability company, partnership, joint venture, or other legal entity, a copy of the organizational documents or agreement committing to form the organization. (G) An acceptable safety record. A proposer’s safety record shall be deemed acceptable if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category or if the proposer is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code. (5) The information required under this subdivision shall be certified under penalty of perjury by the design-build entity and its general partners or joint venture members. (b) At the close of the solicitation period, the district shall review the submissions. The district may evaluate submissions based solely upon the information provided in each design-build e

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