HomeMy WebLinkAbout05.B- City Manager 5.B
ORDINANCE (ID # 4521) DOC ID: 4521 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Mark Scott M/CC Meeting Date: 07/18/2016
Prepared by: Tanya Romo, (909) 384-
5122
Dept: City Manager Ward(s): All
Subject:
An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding
Chapter 12.21 to the San Bernardino Municipal Code Related to Design-Build
Procurement for Public Works Contracts. (FINAL READING) (#4521)
Current Business Registration Certificate:
Financial Impact:
No financial impact.
Motion: Adopt the Ordinance.
Summary:
Pursuant to the Urgency Ordinance related to Design-build, this ordinance is to add
Chapter 12.21 to the San Bernardino Municipal Code. The purpose of this Chapter is to
provide definitions and guidelines for the award, use and evaluation of design-build
contracts.
Please refer to the attached ordinance for details pertaining to the definition of the
Chapter, authorization and process.
City Attorney Review:
Supporting Documents:
DESIGN BUILD ORDINANCE REGULAR 12.21 (DOC)
Updated: 7/6/2016 by Linda Sutherland B Packet Pg. 32
5.B.a
1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADDING CHAPTER 12.21 TO THE SAN BERNARDINO
2 MUNICIPAL CODE RELATED TO DESIGN-BUILD PROCUREMENT FOR PUBLIC
3 WORKS CONTRACTS
r
4 WHEREAS, the City of San Bernardino ("City") is a charter city duly organized and N
validly existing under the laws of the state of California; and,
5 0.
to
6 WHEREAS, as a charter city,pursuant to California Constitution, Article XI, Section 5, v
the City has exclusive authority to legislate its municipal affairs; and
7
8 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
9 and regulations with respect to municipal affairs, subject only to the restrictions and limitations c
provided in the Charter by State law; and,
to 0
11 WHEREAS, the methods of competitive bidding for local public works projects are a m
municipal affair that the Mayor and Common Council may enact by ordinance pursuant to c
a1
12 authority granted by Section 140 of the City Charter, and, U,
CD
0
13 WHEREAS, the Mayor and Common Council find that the design-build method of
N
14 p ublic works project delivery, using a best value procurement methodology, may allow projects
to achieve reduced project costs, expedited project completion, and design features that are not
15 achievable through the traditional design-bid-build method. N
16
NOW THERFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
17 OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: D
w
W
18
Section 1. The above recitals are true and correct and incorporated herein by this v
19 reference. Q
z
20 Section 2. Chapter 12.21 is hereby added to the San Bernardino Municipal Code to W
read as follows: 0
21 a
J
22 "Chapter 12.21 Design-Build m
Z
c�
23 Section 12.21.010 Purpose and Intent w
0
24 The purpose of this Chapter is to provide definitions and guidelines for the award, use, and
25 evaluation of design-build contracts. E
t
26 Section 12.21.020 Definitions Y
Q
27
f.. For the purposes of this Chapter, the following definitions apply:
28
1
Packet Pg.33
5.B.a
1 (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
2 past performance. A best value determination may involve the selection of the lowest
3 cost proposal meeting the interests of the City and meeting the objectives of the project,
selection of the best proposal for a stipulated sum established by the City, or a tradeoff r
N
4 between price and other specified factors.
L
d
5 (b) "Construction subcontract'means each subcontract awarded by the design-build entity C
6 to a subcontractor that will perform work or labor or render service to the design-build 0
entity in or about the construction of the work or improvement, or a subcontractor c
7 licensed by the State of California that,under subcontract to the design-build entity, a
a specially fabricates and installs a portion of the work or improvement according to a
detailed drawings contained in the plans and specifications produced by the design-build
g team. c
V
L
10 (c) "Design-build"means a project delivery process in which both the design and 0
11 construction of a project are procured from a single entity. m
c
12 (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, o
13 architectural, and engineering services as needed pursuant to a design-build contract.
N
WA
14 (e) "Design-build team"means the design-build entity itself and the individuals and other
15 entities identified by the design-build entity as members of its team. Members shall N
include the general contractor and, if utilized in the design of the project,all electrical,
16 mechanical, and plumbing contractors. J
D
17 0
(f) "City means the City of San Bernardino. W
w
19 (g) "Procurement Agent'means the City Manager,the General Manager of the San a
Bernardino Municipal Water Department, or the designee of either the City Manager or z
20 General Manager. IX
0
21 (h) "Public Works Project'means any City project requiring design and construction
22 services. m
Z
0
23 Section 12.21.030 Design-Build Procurement Authorized w
c
24 Pursuant to Section 140 of the Charter of the City of San Bernardino, and notwithstanding any
25 provision to the contrary in the California Public Contracts Code or in any other ordinance or E
procedure of the City of San Bernardino, the use of Design-Build procurement is authorized for 0
26 any Public Works Project, including,but not limited to, any Public Works Project undertaken Q
by the San Bernardino Municipal Water Department,no matter the amount. The City,with
2 approval of the Mayor and Common Council, or for Public Works Projects undertaken by San
28 Bernardino Municipal Water Department the approval of the Board of Water Commissioners,
2
Packet Pg. 34
5.B.a
1 may award a Public Works Project contract to the low bid or the best value. Any code,
%WNW, ordinance, or procedure in conflict with the foregoing authorization is hereby specifically
2 superseded.
3
Section 12.21.040 Procurement Process. N
4 N
r
A. The Procurement Agent shall prepare a set of documents setting forth the scope and
5 estimated price of the Public Works Project. The documents may include, but need not be C
6 limited to, the size, type, and desired design character of the Public Works Project, performance v
specifications covering the quality of materials, equipment, workmanship, preliminary plans or
7 building layouts, or any other information deemed necessary to describe adequately the City's
8 needs. The performance specifications and any plans shall be prepared by a design professional
who is duly licensed and registered in California.
9
B. The Procurement Agent shall prepare and issue a request for qualifications in order to T
10 prequalify or short-list the design-build entities whose proposals shall be evaluated for final
11 selection. The request for qualifications shall include, but need not be limited to, the following m
elements: c
M
12 y
(1) Identification of the basic scope and needs of the Public Works Project or c
13 contract, the expected cost range, the methodology that will be used by the City N
14 to evaluate proposals, the procedure for final selection of the design-build entity,
le
and any other information deemed necessary by the City to inform interested
15 parties of the contracting opportunity. N
T
16 �
(2) Significant factors that the City reasonably expects to consider in evaluating
17 qualifications, including technical design and construction expertise, acceptable
0
safety record, and all other nonprice-related factors. W
18 W
19 (3) A standard template request for statements of qualifications prepared by the z
City. In preparing the standard template, the City may consult with the z_
20 construction industry, the building trades and surety industry, and other cities °
using design-build procurement. The template shall require the following O
21 information:
22 m
(a) If the design-build entity is a privately held corporation, limited z
2
23 liability company, partnership, or joint venture, a listing of all of the w
shareholders, partners, or members known at the time of statement of °
24 qualification submission who will perform work on the Public Works
25 Project. E
s
26 (b) Evidence that the members of the design-build team have a
completed, or demonstrated the experience, competency, capability, and
2 capacity to complete projects of similar size, scope, or complexity, and
28 that proposed key personnel have sufficient experience and training to
3
Packet Pg. 35
1 competently manage and complete the design and construction of the
Public Works Project, and a financial statement that ensures that the
2 design-build entity has the capacity to complete the Public Works
3 Project.
r
4 (c) The licenses, registration, and credentials required to design and N
construct the Public Works Project, including, but not limited to,
5 information on the revocation or suspension of any license, credential, or
6 registration.
U
7 (d) Evidence that establishes that the design-build entity has the
8 capacity to obtain all required payment and performance bonding, d
liability insurance, and errors and omissions insurance. c
9 M
c
(e) Information concerning workers' compensation experience T
10 history and a worker safety program. 0
11
(f) If the proposed design-build entity is a corporation, limited m=
12 liability company, partnership,joint venture, or other legal entity, a copy y
of the organizational documents or agreement committing to form the o
13 organization. "
N
14 u)
el•
(g) An acceptable safety record. A proposer's safety record shall be
15 deemed acceptable if its experience modification rate for the most recent N
16 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 J
17 recent three-year period does not exceed the applicable statistical M
0
standards for its business category or if the proposer is a party to an w
18 alternative dispute resolution system as provided for in Section 3201.5 of w
19 the Labor Code. Z
a
Z
20 (4) O
(a) The information required under this section shall be certified 0
21 under penalty of perjury by the design-build entity and its general
partners or joint venture members. m
22
Z
23 (b) Information required under this section that is not otherwise a y
public record under the California Public Records Act (Chapter 3.5 0
24 (commencing with Section 6250) of Division 7 of Title 1 of the
c
25 Government Code) shall not be open to public inspection. E
26 C. Based on the documents prepared as described in paragraph A of this section, the a
Procurement Agent shall prepare a request for proposals that invites prequalified or
27 short-listed entities to submit competitive sealed proposals in the manner prescribed by
2s
4
Packet Pg. 36
5.B.a
1 the City. The request for proposals shall include, but need not be limited to, the
following elements:
2
3 (1) Identification of the basic scope and needs of the Public Works Project or
contract, the estimated cost of the Public Works Project, the methodology that
4 will be used by the City to evaluate proposals, whether the contract will be cN•i
awarded on the basis of low bid or best value, and any other information deemed
necessary by the City to inform interested parties of the contracting opportunity. C
6
U
(2) Significant factors that the City reasonably expects to consider in evaluating =
7 proposals, including, but not limited to, cost or price and all nonprice-related
8 factors. Q
m
9 (3) The relative importance or the weight assigned to each of the factors identified =
in the request for proposals. T
to O
11 (4) Where a best value selection method is used, the City may reserve the right to m
request proposal revisions and hold discussions and negotiations with responsive =
12 proposers, in which case the City shall so specify in the request for proposals y
and shall publish separately or incorporate into the request for proposals o
13 applicable procedures to be observed by the City to ensure that any discussions
1A or negotiations are conducted in good faith. v
15 D. For those Public Works Projects utilizing low bid as the final selection method, the N
16 competitive bidding process shall result in lump-sum bids by the prequalified or short-
listed design-build entities, and awards shall be made by the Mayor and Common
1-7 Council or, for Public Works Projects undertaken by the San Bernardino Municipal
t�
Water Department, the Board of Water Commissioners, to the design-build entity that is w
18 the lowest responsible bidder. w
U
19 Z
E. For those Public Works Projects utilizing best value as a selection method, the design- z
20 build competition shall progress as follows:
O
21 (1) Competitive proposals shall be evaluated by using only the criteria and selection °
22
procedures specifically identified in the request for proposals. The following m
minimum factors, however, shall be weighted as deemed appropriate by the cz9
23 Procurement Agent: y
W
0
24 (a) Price,unless a stipulated sum is specified. i
25 E
(b) Technical design and construction expertise.
26
Q
27 (c) Life-cycle costs over 15 or more years.
■ 28
5
Packet Pg. 37
ONE
® 1 (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
2 proposals.
3
(3) When the evaluation is complete, the responsive proposers shall be ranked based r
4 on a determination of value provided, provided that no more than three N
proposers are required to be ranked.
5 n.
6 (4) The award of the contract shall be made to the responsible design-build entity v
whose proposal is determined by the Mayor and Common Council, or for Public
7 Works Projects undertaken by the San Bernardino Municipal Water Department, p
8 the Board of Water Commissioners, to have offered the best value to the public.
U
9 (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
10 entity to which the award is made, along with a statement regarding the basis of
11 the award. 3
m
12 (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 o
13 audit.
N
14 `n
Section 12.21.050 Bonds and Insurance
15 c'!
16 A. The design-build entity shall provide payment and performance bonds for the Public
Works Project in the form and in the amount required by the City, and issued by a J
17 California admitted surety. The amount of the payment bond shall not be less than the D
amount of the performance bond. W
18 w
19 B. The design-build contract shall require errors and omissions insurance coverage for the z
design elements of the Public Works Project. z
20
C. The Procurement Agent shall develop a standard form of payment and performance 0
21 bond for its design-build Public Works Projects. _°
D
22 CO
Section 12.21.060 Subcontractors z
23 0
A. The Procurement Agent, in each design-build request for proposals, may identify o
24 specific types of subcontractors that must be included in the design-build entity
25 statement of qualifications and proposal. E
26 B. Following award of the design-build contract, the design-build entity shall proceed as Q
follows in awarding construction subcontracts with a value exceeding one-half of 1
2 percent of the contract price allocable to construction work:
40 28
6
Packet`Pg. 38
5.B.a
1 (1) Provide public notice of availability of work to be subcontracted in accordance
with the publication requirements applicable to the competitive bidding process
2 of the City, including a fixed date and time on which qualifications statements,
3 bids, or proposals will be due.
4 (2) Establish reasonable qualification criteria and standards. N
r
v
5 (3) Award the subcontract either on a best value basis or to the lowest responsible
6 bidder. The process may include prequalification or short-listing. The foregoing v
process does not apply to construction subcontractors listed in the original c
proposal.
8 a
Section 12.21.070 Other Rights and Remedies
9
c
Nothing in this Chapter affects, expands, alters, or limits any rights or remedies otherwise T
10 available at law, including but not limited to the ability of the Mayor and Common Council, or 0
11 for Public Works Projects undertaken by the San Bernardino Municipal Water Department,the m
Board of Water Commissioners, to reject all bids pursuant to the authority granted by Section r_
12 238 of the City Charter." •y
d
0
13 Section 3. The Mayor and Common Council find that this ordinance is not subject to the
14 California Environmental Quality Act (CEQA) pursuant to Section s15060(c)(2) (the activity v
will not result in a direct or reasonably foreseeable indirect physical change to the environment)
15 and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA N
16 Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly. J
17
c�
Section 4. The Mayor and Common Council hereby declare that should any section, W
18 paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be v
19 invalid, it is the intent of the Mayor and Common Council that it would have adopted all other a
portions of this ordinance independent of the elimination herefrom of any such portion as may z_
2o declared invalid.
0
21 Section 5. Neither the adoption of this ordinance nor the repeal of any other ordinance of
22 this City shall in any manner affect the prosecution for violations of ordinances which m
violations were committed prior to the effective date hereof,nor be construed as a waiver of any z
23 license or penalty or the penal provisions applicable to any violation thereof. W
W
0
24 Section 6. The provisions of this ordinance shall become effective and be in full force and
25 effect on the thirty-first(31S) day following its adoption. E
s
26
a
27
28
7
Packet Pg. 39
S.B.a
1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADDING CHAPTER 12.21 TO THE SAN BERNARDINO
2 MUNICIPAL CODE RELATED TO DESIGN-BUILD PROCUREMENT FOR PUBLIC
3 WORKS CONTRACTS
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and N
Ir-
Common Council of the City of San Bernardino at a meeting thereof, held
5 on the day of , 2016,by the following vote, to wit: CL
6 U
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7
8 MARQUEZ m
_
M
9 BARRIOS =
L
0
10 VALDIVIA :2
11 m
SHORETT =
12 N
NICKEL
13
AF 14
RICHARD 51
15 MULVIHILL N
L(.
16 J
D
17 tD
Georgeann Hanna, City Clerk Uj
18 W
19 The foregoing Ordinance is hereby approved this day of 52016. a
Z
0
20
0
0
21 R. Carey Davis, Mayor
City of San Bernardino m
22 Z
Approved as to form:
23 Gary D. Saenz, City Attorney 0)
W
0
24
_
E
25 v
By: U
26 Q
27
28
8
Packet Pg.40