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HomeMy WebLinkAbout2009-08-18; City Council; CS-046; Adding Section 3.28.085 to the Municipal Code Design Build Contracts...1 2 3 ADDING SECTION 3.28.085 TO THE CARLSBAD MUNICIPAL CODE 4 5 6 election voted to change the powers and duties of the City by adopting a City 7 Charter; and 8 WHEREAS, with the certification of the Charter the City Council has 9 plenary authority to legislate matters of local concern notwithstanding general laws to10 11 12 13 18 19 20 25 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; 14 .and 15 WHEREAS, the City Council of the City of Carlsbad has determined that 16 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: 23 " 24 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 28 -1 - EXHIBIT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -2- EXHIBIT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -3- EXHIBIT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -4- 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 -i 4 proposal is judged as providing best value meeting the interests of the city and meeting the objectives of the 15 project. 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. 28 -5- EXHIBIT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) c 1 ....... ... 0111111i,, A' 14 • 0