HomeMy WebLinkAbout2009-08-18; City Council; CS-046; Adding Section 3.28.085 to the Municipal Code Design Build Contracts...1
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3 ADDING SECTION 3.28.085 TO THE
CARLSBAD MUNICIPAL CODE
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6 election voted to change the powers and duties of the City by adopting a City
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Charter; and
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WHEREAS, with the certification of the Charter the City Council has
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plenary authority to legislate matters of local concern notwithstanding general laws to10
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EXHIBIT 1
ORDINANCE NO. CS-046
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
WHEREAS, the voters of the City of Carlsbad at the June 3, 2008
the contrary; and
WHEREAS, the state legislature has enacted Public Contract Code
section 20175.2 regarding the method a City can enter into Design Build Contracts;
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WHEREAS, the City Council of the City of Carlsbad has determined that
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it is in the best interests of the City of Carlsbad to adopt an alternative to the
procedure in Public Contract Code section 20175.2.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as
follows:
21 SECTION 1: That section 3.28.085 is added to the Carlsbad
22 Municipal Code:
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3.28.085 Design-Build Contracts
Section 100 of the Charter of the City of Carlsbad provides
that the city council shall have full power and authority to
adopt laws with respect to municipal affairs. Section 404
provides that the city council shall have the power to
27 establish procedures and regulations for contracts for the
construction of public improvements. As an alternative to the
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bidding process set forth in this Chapter and the California
Public Contract Code, and when recommended by the City
Manager in writing, there is hereby established a design build
procurement and contracting approach.
A. Purpose and Intent
The purpose of this section is to provide definitions and
guidelines for the award, use, and evaluation of design-build
contracts.
B. Definitions
For the purposes of this section, the following definitions
apply:
"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 natural person, partnership,
joint venture, corporation, business association 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.
C. Design-Build Procurement
For purposes of this section only, prior to procuring a Design-
Build public works contract, the city shall prepare a request for
proposal setting forth the scope of the project that may include,
but is not limited to, the size, type, and desired design
character of the buildings and site, and performance
specifications. The performance specifications shall describe
the quality of materials, equipment, and workmanship,
preliminary plans or building layouts and other information
deemed necessary to adequately describe the city's needs. The
performance specifications shall be prepared by a design
professional who is duly licensed and registered in California.
D. Competitive Prequalification and Selection Process
The city may establish a competitive prequalification and
selection process for Design-Build Entities that specifies the
prequalification criteria, as well as recommends the manner in
which the winning entity will be selected.
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E. Prequalification Criteria
Prequalification may be limited to consideration of all or any of
the following criteria supplied by a Design-Build Entity:
1. Possession of all required licenses, registration, and
credentials in good standing that are required to design
and construct the project.
2. 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.
3. If the design-build entity is a partnership, limited
partnership, joint venture or other association, a listing
of all of the partners, general partners, or association
members known at the time of bid submission who
will participate in the design-build contract.
4. 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.
5. Submission of 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.
6. Information concerning the bankruptcy or receivership
of any member of the Design-Build Entity, including
information concerning any work completed by a surety.
7. Information concerning any debarment, disqualification,
or removal of the Design-Build Entity from a federal,
state, or local government public works project. Any
instance in which the Design-Build Entity or any
member submitted a bid on a public works project and
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were found to be non-responsive, or were found by the
awarding body not to be a responsible member.
8. Provision of a declaration providing detail for the past five
years concerning all of the following:
a. Civil or criminal violations of the Occupational
Safety and Health Act against any member of the
Design-Build Entity.
b. Civil or criminal violations of the Contractors'
State License Law against any member of the
Design-Build Entity.
c. Any conviction of any member of the Design-Build
Entity of submitting a false or fraudulent claim to a
public agency.
d. 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 (PICA) withholding
requirements, state disability insurance
withholding, or unemployment insurance payment
requirements against any member of the Design-
Build Entity. For purposes of this sub-paragraph
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 violations or failed to comply
with the conditions set forth in Section 1775(b) of
the State Labor Code.
e. Civil or criminal violations of federal or state law
against any Design-Build Entity Member governing
equal opportunity employment, contracting or
subcontracting.
f. Information concerning all settled adverse claims,
disputes, or lawsuits between the owner of a
public works project and any member of the
Design-Build Entity in which the claim, settlement,
or judgment exceeds fifty thousand dollars
($50,000).
9. The information required pursuant to this subdivision
shall be verified under oath by the entity and its
members in the manner in which civil pleadings in civil
actions are verified. Information that is not a public
record pursuant to the California Public Records Act
(Chapter 3.5 (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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EXHIBIT 1
1 F. Selection Method
2 The awarding authority shall select one of the following methods
as the process to be used for the selection of the winning
3 entity:
4 1. A Design-Build competition based on performance,
specifications, and criteria set forth by the awarding
5 authority in the request for proposals.
6 a. Criteria used in this form of evaluation of proposals may
include, but not be limited to, items such as proposed
design approach, initial and/or life-cycle costs, project
8 features, financing, quality, capacity, schedule, and
operational and functional performance of the facility.
9 However, any criteria and methods used to evaluate
proposals shall be limited to those contained in the
I o request for Design-Build proposals.
b. Any architectural firms, engineering firms, specialty
I1 consultants, or individuals retained by the city to assist in
the development of criteria or preparation of the request
12 for proposals shall not be eligible to participate in the
13 competition with any Design-Build Entity.
c. Award shall be made to the Design-Build Entity whose
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interests of the city and meeting the objectives of the
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16 2. A Design-Build competition based on program requirements,
performance specifications, and a preliminary design or
17 combination thereof set forth by the awarding authority in
the request for proposals. Limited drawings and
specifications detailing the requirements of the project may
19 accompany the request for proposals.
20 a. The awarding authority shall establish technical criteria
and methodology, including price, to evaluate proposals
21 and shall describe the criteria and methodology of
evaluation and selection in the request for Design-Build22 proposals.
b. Any architectural firms, engineering firms, specialty
23 consultants, or individuals retained by the city to assist in
24 the preparation of the preliminary design or request for
proposals shall not be eligible to participate in the
25 competition with any Design-Build Entity.
c. Award shall be made to the Design-Build Entity on the
26 basis of the technical criteria and methodology, including
price, whose proposal is judged as providing best value
27 in meeting the interests of the city and meeting the
objectives of the project.
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3. 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
awarding authority in the request for proposals.
a. Any architectural firms, engineering firms, specialty
consultants, or individuals retained by the city to assist in
the preparation of the preliminary design or request for
proposals shall not be eligible to participate in the
competition with any Design-Build Entity.
b. Award shall be made on the basis of the lowest
responsible and reliable bid.
G. 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 impracticable for the Design-Build Entity to list
all subcontractors at the time of the award.
1. It is the intent of the city to establish a clear process for the
selection and award of subcontracts entered into pursuant
to this Division in a manner that retains protection for
subcontractors while enabling Design-Build project to be
administered in an efficient fashion.
2. All of the following requirements shall apply to
subcontractors, licensed by the state, that are employed on
Design-Build projects undertaken pursuant to this Section.
a. 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
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.
b. All subcontracts that were not listed by the Design-Build
Entity at the time of award in accordance with Section
G(2)(a) shall be performed and awarded by the Design-
Build Entity, in accordance with a bidding process set
forth in the request for proposals.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 11th day of August, 2009, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 18th day of August, 2009, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY:
P.
RONAtD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
Karen R. Kund^Assistarif City Clerk
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-046
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance No. CS-046 is to be considered
at the City Council Meeting to be held on the 18th day of
August, 2009.
2.) That a certified copy of the full text of Ordinance No. CS-046
was posted in the City Clerk's Office on the 13th day of August,
2009.
3.) That a summary of the Ordinance was published in the North
County Times, on the 13th day of August, 2009.
Dated:
Certification of Posting and Publication of Ordinance
Page 2
4.) That Ordinance No. CS- 046 was adopted on the 18th day of
August, 2009.
5.) That a certified copy of the full text of Ordinance No. CS- 046,
showing the names of those who voted in favor and against the
Ordinance was posted in the City Clerk's Office on the 20th day
of August, 2009.
6.) That a summary of the Ordinance, showing the names of those
who voted in favor of and against the Ordinance was published
in the Coast News, on the 28th day of August, 2009.
(Seal)
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