HomeMy WebLinkAboutOrd 2000-2827ORDINANCE NO. 2827
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING TITLE 2 OF THE CHULA VISTA
M!fNICIPAL CODE TO ADD CHAPTER 2.57, DESIGN-BUILD
CONTRACTS, TO ESTABLISH THE PROCEDURE FOR THE
SELECTION AND AWARD OF DESIGN-BUILD CONTRACTS
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION I: That Title 2 of the Chula Vista Municipal Code is hereby amended to add Chapter
2.57 to read as follows:
Section 2.57.010 Purpose and Intent
The purpose of this Division is to establish specific procedures to be used to solicit,
qualify, evaluate, select and award design-build contracts.
Section 2.57.020 Definitions
For purposes of this Division, the following definitions apply:
"Best Interest of the City" means a design-build process that is projected to meet the
interests of the City and objectives of the project which may include reducing the project
delivery schedule and total cost of the project while maintaining a high level of quality
workmanship and materials.
"Best Value" means value determined by objective criteria, and may include, but is not
limited to, price, features, functions, life cycle costs, and other criteria deemed appropriate.
"Design-Build" means a public works contract procurement method in which both the
design and construction of a project are procured from a single entity.
"Design-Build Entity" means a partnership, corporation, or other legal entity that is able
to provide appropriately licensed contracting, architectural, and engineering services as needed.
"Design-Build Entity Member" includes any person who provides licensed contracting,
architectural, or engineering services.
"Design Professional" means a professional, either City staff or an outside consultant,
who develops the criteria package which may include, but is not limited to, facility program,
design criteria, performance specifications and other project-specific technical material.
"Qualified List of Design Build Entities" means those Design-Build Entities selected
based on a competitive selection process and who are determined to be qualified to act as a
Design-Build Entity for the City of Chula Vista on any project.
"Sole Soume" means a commodity or service available from only one known source as
the result of unique performance capabilities, manufacturing processes, compatibility
requirements or market conditions.
Ordinance 2827 --
Page 2
Section 2.57.030 Design-Build Procurement
(a) Prior to procuring a Design-Build public works contract, the City shall either
Prepare a project specific request for proposal or qualification setting forth
the basic scope of the project that may include, but is not limited to the
size, type and desired design character of the project and site, and
performance specifications. The performance specifications shall describe
the quality of construction materials, assemblies, and other information
deemed necessary to adequately describe the City's needs. The
performance specifications shall be prepared by a design professional
designated by the City; or
(2)
Prepare a project specific request for proposal setting forth the basic scope
of the project that may include, but is not limited to the size, type and
desired design character of the project and site, and performance
specifications to be distributed exclusively to those teams selected from
the Qualified List of Design-Build Entities. The performance
specifications shall describe the quality of construction materials,
assemblies, and other information deemed necessary to adequately
describe the City's needs. The performance specifications shall be
prepared by a design professional designated by the City; or
(3)
Select a Design-Build Entity from those teams identified on the Qualified
List of Design-Build Entities without preparing a formal request for
proposals. Prior to an award to a Design-Build Entity pursuant to the
Qualified List of Design-Build Entities, the City Manager shall certify to
the City Council in writing that the most qualified firms have been invited
to interview and the selected firm is capable of providing the services and
it is in the best interest of the City to proceed in this manner; or
(4)
Select a Design-Build team as a sole source, if, in advance of the contract,
the City Manager certifies in writing the sole source status of the provider.
Section 2.57.040 Qualification and Selection Process
The City may establish a qualification and selection process for Design-Build Entities
that specifies the qualification criteria, as well as recommends the manner in which the winning
entity will be selected. Nothing in this division precludes a Design-Build contract from being
awarded to a sole source, if, in advance of the contract, the City Manager certifies in writing the
sole source status of the provider.
Section 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)
(b)
(C)
(d)
(e)
(fi
Ordinance 2827
Page 3
Possession of all required licenses, registration, and credentials in good standing
that are required to design and construct the project.
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.
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.
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.
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.
Provision of a declaration providing detail for the past five years conceming all of
the following:
(D
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.
Ordinance 2827 -
Page 4
(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 5 years.
(7)
Any debarment, disqualification or removal from a federal, state, or local
govemment 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
masonable 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.
Section 2.57.060 Selection Method
The City shall select one of the following methods as the process to be used for the
selection of the winning entity:
(a)
A Design-Build competition based on performance specifications and criteria set
forth by the City in the request for proposals.
(D
Criteria used in this form of evaluation of proposals may include, but not
be limited to, items such as proposed design approach, life-cycle costs,
project features, financing, quality, total cost, past performance, business
standing, schedule, and operational and functional performance of the
facility. However, any criteria and methods used to evaluate proposals
shall be limited to those contained in the request for Design-Build
proposals or qualifications.
(2)
Any architectural firms, engineering firms, specialty consultants, or
individuals retained by the City to assist in the preparation of the request
for proposals shall not be eligible to participate in the competition with
any Design-Build Entity.
(3)
Award shall be made to the Design-Build Entity whose proposal is judged
as providing best value meeting the interests of the City and meeting the
objectives o f the project.
Ordinance 2827
Page 5
(b)
A Design-Build competition based on program requirements, performance
specifications, and a preliminary design or combination thereof set forth by the
City in the request for proposals. Limited or preliminary drawings and
specifications detailing the requirements of the project may accompany the
request for proposals.
(1)
The City shall establish technical criteria and methodology, including
price, to evaluate proposals and shall describe the criteria and
methodology of evaluation and selection in the request for proposal or
qualification Design-Build Entity.
(2)
Any architectural firms, engineering firms, specialty consultants, or
individuals retained by the City to assist in the preparation of request for
proposals shall not be eligible to participate in the competition with any
Design-Build Entity.
(3)
Award shall be made to the Design-Build Entity on the basis of the
technical criteria and methodology, including price, whose proposal is
judged as providing best value in meeting the interests of the City and
meeting the objectives of the project.
(C)
A Design-Build competition based on program requirements and a detailed scope
of work, including any preliminary design drawings and specifications set forth
by the City in the request for proposals.
(1)
Any architectural firms, engineering firms, specialty consultants, or
individuals retained by the City to assist in the preparation of request for
proposals shall not be eligible to participate in the competition with any
Design-Build Entity.
(2) Award shall be made on the basis of the lowest responsive bid.
(d) A "Sole Source" award as otherwise allowed by law.
Section 2.57.070 Work Listing
The City recognizes that the Design-Build Entity is charged with performing both design
and construction. Because a Design-Build contract may be awarded prior to the completion of
the design, it is often impractical for the Design-Build Entity to list all subcontractors at the time
of the award.
(a)
All of the following requirements shall apply to subcontractors, licensed by the
state that are employed on Design-Build projects undertaken pursuant to this
Division.
(1)
The Design-Build Entity in each Design-Build proposal shall specify the
construction trades or types of subcontractors that may be named as
members of the Design-Build Entity at the time of award. In selecting the
Ordinance 2827
Page 6
trades that may be identified as members of the Design-Build Entity, the
Design-Build Entity shall identify the trades deemed essential in the
design considerations of the project. All subcontractors that are listed at
the time of award shall be afforded the protection of all applicable laws.
(2)
All subcontracts that were not listed by the Design-Build Entity at the time
of award in accordance with Section 8(b)(1) shall be performed and
awarded by the Design-Build Entity in accordance with a bidding process
set forth in the Design-Build agreement.
(3)
In a contract between the Design-Build Entity and a subcontractor, and in
a contract and any subcontractor thereunder, the percentage of the
retention proceeds withheld may not exceed the percentage specified in
the contact between the City and the Design-Build Entity. If the Design-
Build Entity provides written notice to any subcontractor who is not a
member of the Design-Build Entity, prior to or at the time that the bid is
requested, that a bond may be required and the subcontractor subsequently
is unable or refuses to fumish a bond to the Design-Build Entity, then the
Design-Build Entity may withhold retention proceeds in excess of the
percentage specified in the contract between the City and the Design-Build
Entity from any payment made by the Design-Build Entity to the
subcontractor.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and
after its second reading and adoption.
Presented by
Approved as to form by
ohi~itt
~ubhc Works Director
Ordinance 2827
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24m day of October, by the following vote:
AYES:
NAYS:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Davis, Moot, Padilia, Salas and Horton
None
None
ATTEST:
Shirley Ho~t'~, Mayor '
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Ordinance No. 2827 had its first reading at a regular meeting held on the 17th day of October,
2000 and its second reading and adoption at a regular meeting of said City Council held on the
24th day of October, 2000.
Executed this 24th day of October, 2000
Susan Bigelow, City Clerl~