HomeMy WebLinkAboutMC-1423 (U) Adopted: July 5,2016
Effective: July 5,2016
1 ORDINANCE NO. MC-1423
2 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO ADDING CHAPTER 12.21 TO THE SAN
BERNARDINO MUNICIPAL CODE RELATED TO DESIGN-BUILD
4 PROCUREMENT FOR PUBLIC WORKS CONTRACTS
5 WHEREAS, the City of San Bernardino ("City") is a charter city duly organized and
6 validly existing under the laws of the state of California; and,
7 WHEREAS, as a charter city, pursuant to California Constitution, Article XI, Section 5,
8 the City has exclusive authority to legislate its municipal affairs; and
9 WHEREAS, Section 40(z) of the Charter of the City of San Bernardino ("City
Charter") vests the Mayor and Common Council with the power to make and enforce all laws
10 and regulations with respect to municipal affairs, subject only to the restrictions and limitations
11 provided in the Charter by State law; and,
12 WHEREAS, the methods of competitive bidding for local public works projects are a
municipal affair that the Mayor and Common Council may enact by ordinance pursuant to
13 authority granted by Section 140 of the City Charter, and,
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WHEREAS, Sections 31 and 121 of the City Charter provide for adoption of an
15 urgency ordinance for the immediate preservation of the public peace, health, or safety if passed
16 by two-thirds (2/3) vote of the Mayor and Common Council; and,
17 WHEREAS, there is an immediate need for the City of San Bernardino to relocate
personnel from City Hall to alternative facilities because City Hall has been determined to be a
18 collapse hazard during a major seismic event,
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WHEREAS, there is an immediate need for the San Bernardino Municipal Water
20 Department to design and construct groundwater wells to supplement flows in the Santa Ana
River during periods of critical maintenance and repair of the Rapid Infiltration and Extraction
21 (RIX) Tertiary Treatment Facility, and,
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WHEREAS, the Mayor and Common Council find that the design-build method of
23 public works project delivery, using a best value procurement methodology, may allow these
critical projects to achieve reduced project costs, expedited project completion, and design
2 4 features that are not achievable through the traditional design-bid-build method.
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Adopted: July 5,2016
Effective: July 5,2016
1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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3 Section 1. The above recitals are true and correct and incorporated herein by this reference.
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Section 2. In accordance with City Charter Sections 31 and 121, based on the recitals and
5 findings referenced above, the Mayor and Common Council hereby find that this urgency
6 ordinance is necessary for the immediate preservation of the public peace, health, or safety.
7 Section 3. Chapter 12.21 is hereby added to the San Bernardino Municipal Code to read as
8 follows:
9 "Chapter 12.21 Design-Build
10 Section 12.21.010 Purpose and Intent
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The purpose of this Chapter is to provide definitions and guidelines for the award, use, and
12 evaluation of design-build contracts.
13 Section 12.21.020 Definitions
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For the purposes of this Chapter, the following definitions apply:
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16 (a) "Best value" means a value determined by evaluation of objective criteria that may
include, but not be limited to price, features, functions, life-cycle costs, experience, and
17 past performance. A best value determination may involve the selection of the lowest
cost proposal meeting the interests of the City and meeting the objectives of the project,
18 selection of the best proposal for a stipulated sum established by the City, or a tradeoff
19 between price and other specified factors.
20 (b) "Construction subcontract"means each subcontract awarded by the design-build entity
to a subcontractor that will perform work or labor or render service to the design-build
21 entity in or about the construction of the work or improvement, or a subcontractor
22 licensed by the State of California that, under subcontract to the design-build entity,
specially fabricates and installs a portion of the work or improvement according to
23 detailed drawings contained in the plans and specifications produced by the design-build
team.
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25 (c) "Design-build" means a project delivery process in which both the design and
construction of a project are procured from a single entity.
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27 (d) "Design-build entity" means a corporation, limited liability company, partnership,joint
venture, or other legal entity that is able to provide appropriately licensed contracting,
28 architectural, and engineering services as needed pursuant to a design-build contract.
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Adopted: July 5,2016
Effective: July 5,2016
1 (e) "Design-build team" means the design-build entity itself and the individuals and other
entities identified by the design-build entity as members of its team. Members shall
2 include the general contractor and, if utilized in the design of the project, all electrical,
3 mechanical, and plumbing contractors.
4 (f) "City means the City of San Bernardino.
5 (g) "Procurement Agent"means the City Manager, the General Manager of the San
6 Bernardino Municipal Water Department, or the designee of either the City Manager or
General Manager.
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8 (h) "Public Works Project" means any City project requiring design and construction
services.
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Section 12.21.030 Design-Build Procurement Authorized
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11 Pursuant to Section 140 of the Charter of the City of San Bernardino, and notwithstanding any
provision to the contrary in the California Public Contracts Code or in any other ordinance or
12 procedure of the City of San Bernardino, the use of Design-Build procurement is authorized for
any Public Works Project, including, but not limited to, any Public Works Project undertaken
13 by the San Bernardino Municipal Water Department, no matter the amount. The City, with
14 approval of the Mayor and Common Council, or for Public Works Projects undertaken by San
Bernardino Municipal Water Department the approval of the Board of Water Commissioners,
15 may award a Public Works Project contract to the low bid or the best value. Any code,
16 ordinance, or procedure in conflict with the foregoing authorization is hereby specifically
superseded.
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Section 12.21.040 Procurement Process.
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19 A. The Procurement Agent shall prepare a set of documents setting forth the scope and
estimated price of the Public Works Project. The documents may include, but need not be
20 limited to, the size, type, and desired design character of the Public Works Project, performance
specifications covering the quality of materials, equipment, workmanship, preliminary plans or
21 building layouts, or any other information deemed necessary to describe adequately the City's
22 needs. The performance specifications and any plans shall be prepared by a design professional
who is duly licensed and registered in California.
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B. The Procurement Agent shall prepare and issue a request for qualifications in order to
2 4 prequalify or short-list the design-build entities whose proposals shall be evaluated for final
25 selection. The request for qualifications shall include, but need not be limited to, the following
elements:
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(1) Identification of the basic scope and needs of the Public Works Project or
27 contract, the expected cost range, the methodology that will be used by the City
28 to evaluate proposals, the procedure for final selection of the design-build entity,
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Adopted: July 5,2016
Effective: July 5,2016
1 and any other information deemed necessary by the City to inform interested
2 parties of the contracting opportunity.
3 (2) Significant factors that the City reasonably expects to consider in evaluating
qualifications, including technical design and construction expertise, acceptable
4 safety record, and all other nonprice-related factors.
5 (3) A standard template request for statements of qualifications prepared by the
6 City. In preparing the standard template, the City may consult with the
construction industry, the building trades and surety industry, and other cities
7 using design-build procurement. The template shall require the following
8 information:
9 (a) If the design-build entity is a privately held corporation, limited
liability company, partnership, or joint venture, a listing of all of the
10 shareholders, partners, or members known at the time of statement of
11 qualification submission who will perform work on the Public Works
Project.
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(b) Evidence that the members of the design-build team have
13 completed, or demonstrated the experience, competency, capability, and
14 capacity to complete projects of similar size, scope, or complexity, and
that proposed key personnel have sufficient experience and training to
15 competently manage and complete the design and construction of the
Public Works Project, and a financial statement that ensures that the
16 design-build entity has the capacity to complete the Public Works
17 Project.
18 (c) The licenses, registration, and credentials required to design and
19 construct the Public Works Project, including, but not limited to,
information on the revocation or suspension of any license, credential, or
20 registration.
21 (d) Evidence that establishes that the design-build entity has the
22 capacity to obtain all required payment and performance bonding,
liability insurance, and errors and omissions insurance.
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(e) Information concerning workers' compensation experience
24 history and a worker safety program.
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(f) If the proposed design-build entity is a corporation, limited
26 liability company, partnership,joint venture, or other legal entity, a copy
27 of the organizational documents or agreement committing to form the
organization.
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Adopted: July 5,2016
Effective: July 5,2016
1 (g) An acceptable safety record. A proposer's safety record shall be
deemed acceptable if its experience modification rate for the most recent
2 three-year period is an average of 1.00 or less, and its average total
3 recordable injury or illness rate and average lost work rate for the most
recent three-year period does not exceed the applicable statistical
4 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
5 the Labor Code.
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(4)
7 (a) The information required under this section shall be certified
8 under penalty of perjury by the design-build entity and its general
partners or joint venture members.
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(b) Information required under this section that is not otherwise a
10 public record under the California Public Records Act (Chapter 3.5
11 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) shall not be open to public inspection.
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C. Based on the documents prepared as described in paragraph A of this section, the
13 Procurement Agent shall prepare a request for proposals that invites prequalified or
14 short-listed entities to submit competitive sealed proposals in the manner prescribed by
the City. The request for proposals shall include, but need not be limited to, the
15 following elements:
16 (1) Identification of the basic scope and needs of the Public Works Project or
17 contract, the estimated cost of the Public Works Project, the methodology that
will be used by the City to evaluate proposals, whether the contract will be
18 awarded on the basis of low bid or best value, and any other information deemed
19 necessary by the City to inform interested parties of the contracting opportunity.
20 (2) Significant factors that the City reasonably expects to consider in evaluating
proposals, including, but not limited to, cost or price and all nonprice-related
21 factors.
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(3) The relative importance or the weight assigned to each of the factors identified
23 in the request for proposals.
24 (4) Where a best value selection method is used, the City may reserve the right to
25 request proposal revisions and hold discussions and negotiations with responsive
proposers, in which case the City shall so specify in the request for proposals
26 and shall publish separately or incorporate into the request for proposals
applicable procedures to be observed by the City to ensure that any discussions
2 7 or negotiations are conducted in good faith.
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Adopted: July 5,2016
Effective: July 5,2016
1 D. For those Public Works Projects utilizing low bid as the final selection method, the
competitive bidding process shall result in lump-sum bids by the prequalified or short-
2 listed design-build entities, and awards shall be made by the Mayor and Common
3 Council or, for Public Works Projects undertaken by the San Bernardino Municipal
Water Department, the Board of Water Commissioners, to the design-build entity that is
4 the lowest responsible bidder.
5 E. For those Public Works Projects utilizing best value as a selection method, the design-
6 build competition shall progress as follows:
7 (1) Competitive proposals shall be evaluated by using only the criteria and selection
8 procedures specifically identified in the request for proposals. The following
minimum factors, however, shall be weighted as deemed appropriate by the
9 Procurement Agent:
10 (a) Price, unless a stipulated sum is specified.
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(b) Technical design and construction expertise.
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13 (c) Life-cycle costs over 15 or more years.
14 (2) Pursuant to paragraph C, the City may hold discussions or negotiations with
responsive proposers using the process articulated in the City's request for
15 proposals.
16 (3) When the evaluation is complete, the responsive proposers shall be ranked based
17 on a determination of value provided, provided that no more than three
proposers are required to be ranked.
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19 (4) The award of the contract shall be made to the responsible design-build entity
whose proposal is determined by the Mayor and Common Council, or for Public
20 Works Projects undertaken by the San Bernardino Municipal Water Department,
21 the Board of Water Commissioners, to have offered the best value to the public.
22 (5) Notwithstanding any other provision of this code, upon issuance of a contract
award, the City shall publicly announce its award, identifying the design-build
23 entity to which the award is made, along with a statement regarding the basis of
the award.
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25 (6) The statement regarding the City's contract award, described in paragraph (5),
and the contract file shall provide sufficient information to satisfy an external
26 audit.
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Adopted: July 5,2016
Effective: July 5,2016
1 Section 12.21.050 Bonds and Insurance
2 A. The design-build entity shall provide payment and performance bonds for the Public
3 Works Project in the form and in the amount required by the City, and issued by a
California admitted surety. The amount of the payment bond shall not be less than the
4 amount of the performance bond.
5 B. The design-build contract shall require errors and omissions insurance coverage for the
6 design elements of the Public Works Project.
7 C. The Procurement Agent shall develop a standard form of payment and performance
8 bond for its design-build Public Works Projects.
9 Section 12.21.060 Subcontractors
10 A. The Procurement Agent, in each design-build request for proposals, may identify
11 specific types of subcontractors that must be included in the design-build entity
statement of qualifications and proposal.
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B. Following award of the design-build contract, the design-build entity shall proceed as
13 follows in awarding construction subcontracts with a value exceeding one-half of 1
14 percent of the contract price allocable to construction work:
15 (1) Provide public notice of availability of work to be subcontracted in accordance
with the publication requirements applicable to the competitive bidding process
16 of the City, including a fixed date and time on which qualifications statements,
17 bids, or proposals will be due.
18 (2) Establish reasonable qualification criteria and standards.
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(3) Award the subcontract either on a best value basis or to the lowest responsible
20 bidder. The process may include prequalification or short-listing. The foregoing
process does not apply to construction subcontractors listed in the original
21 proposal.
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Section 12.21.070 Other Rights and Remedies
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Nothing in this Chapter affects, expands, alters, or limits any rights or remedies otherwise
2 4 available at law, including but not limited to the ability of the Mayor and Common Council, or
25 for Public Works Projects undertaken by the San Bernardino Municipal Water Department, the
Board of Water Commissioners, to reject all bids pursuant to the authority granted by Section
26 238 of the City Charter."
27 Section 4. The Mayor and Common Council find that this ordinance is not subject to the
28 California Environmental Quality Act (CEQA) pursuant to Section sl5060(c)(2) (the activity
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Adopted: July 5,2016
Effective: July 5,2016
1 will not result in a direct or reasonably foreseeable indirect physical change to the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
2 Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
3 resulting in physical change to the environment, directly or indirectly.
4 Section 5. The Mayor and Common Council hereby declare that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
5 invalid, it is the intent of the Mayor and Common Council that it would have adopted all other
6 portions of this ordinance independent of the elimination herefrom of any such portion as may
declared invalid.
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8 Section 6. Neither the adoption of this ordinance nor the repeal of any other ordinance of
this City shall in any manner affect the prosecution for violations of ordinances which
9 violations were committed prior to the effective date hereof, nor be construed as a waiver of any
10 license or penalty or the penal provisions applicable to any violation thereof.
11 Section 7. The provisions of this ordinance shall become effective and be in full force and
effect immediately.
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Adopted: July 5,2016
Effective: July 5,2016
1 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADDING CHAPTER 12.21 TO THE SAN
2 BERNARDINO MUNICIPAL CODE RELATED TO DESIGN-BUILD
3 PROCUREMENT FOR PUBLIC WORKS CONTRACTS
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
5 5th day of July, 2016, by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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8 MARQUEZ X
9 BARRIOS X
10 VALDIVIA X
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SHORETT X
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13 NICKEL X
14 RICHARD X
15 MULVIHILL X
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Georgedin Hanna, dMC, City Clerk
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The foregoing Ordinance is hereby approved this day of July, 2016.
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22 R. Carey Davi , Mayor
City of San Bernardino
23 Approved as to form:
24 Gary D. Saenz, City Attorney
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26 By:
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