This chapter shall be known as the "Placentia Design-Build Ordinance."
(Ord. O-2010-05 § 2, 2010)
The purpose of this chapter is to implement the provisions of Section 608 of the Charter of the city of Placentia which authorizes the use of design-build and construction manager at risk approaches to public works, when, by ordinance, the city council of the city of Placentia finds such processes will reduce project cost, expedite project completion, or provide unique design features. It defines "design-build" as a procurement process in which both the design and construction of the public works project are procured from a single entity.
The city council desires that any design-build contract awarded hereunder be the result of a competitive, objective process. The intent of this chapter is to set forth the requirements, including the competitive process, the city will follow whenever it awards a design-build contract pursuant to the Charter Section 608 exemption from competitive bidding for such contracts.
The design-build approach authorized by Section 608 of the Charter and implemented by the provisions of this chapter shall only apply to public works and public projects when approved by affirmative vote of the city council.
(Ord. O-2010-05 § 2, 2010; Ord. O-2014-08 § 2, 2014)
For purposes of this chapter, the following definitions shall be ascribed to the terms set forth herein and shall govern the application and interpretation of this chapter unless the context clearly indicates or requires a different meaning.
means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity.
means a contract between the city and a design-build entity to furnish the following for a public works project: (1) the architectural, engineering and other related services necessary to fully design the public works project; and (2) the labor, materials, equipment, project management and other related services necessary to construct the public works project.
means the entity, whether a natural person, partnership, limited partnership, joint venture, corporation, professional corporation, business association or other legal entity, that provides appropriately licensed contracting, architectural, and engineering services as needed to perform the design-build contract.
means the director of the city department primarily responsible for awarding, managing and administering a design-build contract pursuant to the provisions of this chapter or such other person designated by the city administrator.
mean the financial resources needed to perform the design-build contract. The criteria used to evaluate a proposer's financial condition shall include, at a minimum, current financial statements and bonding capacity, capacity to obtain all required payment bonds, performance bonds, and liability insurance.
means the financial condition, relevant experience, including completion of projects on time and within budget, demonstrated management competency, the safety record of the proposer, and, if required by the proposal documents, some or all of the preceding qualifications as to subcontractors or design professionals proposed to be used by the design-build entity for designated portions of the work.
(Ord. O-2010-05 § 2, 2010)
Prior to initiating a request for proposals on a design-build project, the director shall inform the city council of his or her intent to utilize design-build procedures on such project. The notification shall include the nature of the project, the estimated cost of the project, the projected schedule of the project, major manufactured components to be procured by the contractor, the general criteria for evaluating proposals from prospective contractors and any other information relevant to utilizing design-build procedures. Any contract for design-build construction of a qualifying project shall be approved by the city council.
(Ord. O-2010-05 § 2, 2010)
No request for proposals shall consist of construction of multiple public improvements at different locations unless the city council finds that the proposed multiple improvements share common design and/or construction characteristics that are likely to save money or result in faster completion than if the improvements were constructed as separate public works projects.
(Ord. O-2010-05 § 2, 2010)
(a)
The director shall prepare a request for proposals consistent with the provisions of this chapter and the requirements of all city laws, regulations and policies applicable to selecting and contracting for professional design and construction services. The requirements of this chapter shall prevail over any conflicting requirements of any city laws, regulations or policies.
(b)
Any request for proposals issued pursuant to the provisions of this chapter for a design-build contract shall include, directly or by reference, the following information describing the scope of the project:
(1)
The size, type and desired design character of the building, structure, system or other public improvement;
(2)
Any preliminary plans, specifications, layouts, schematic drawings or architectural renderings with such detail as the director deems appropriate to inform prospective proposers about the needs of the project, and any other information the director deems appropriate to describe adequately the needs of the project;
(3)
Performance specifications setting forth the quality of materials, equipment and workmanship required for the project, and other appropriate criteria at a scope and level of detail to permit qualified design-build entities to submit proposals in accordance with the requests for proposals, given the nature of the project and the level of design provided in any preliminary plans, specifications, layouts, schematic drawings, architectural renderings or other city-supplied information;
(4)
The anticipated cost estimate(s) of the project and budget constraints for the design-build contract, if any;
(5)
A schedule regarding commencement and desired completion of the project, including, at a minimum, the proposed project start date and final completion date;
(6)
The request for proposals shall include a description of the documentation that must be submitted as part of the proposal, with direction as to minimum requirements as to the form and level of completeness of any required drawings, specifications or submittals;
(7)
The request for proposals shall include a specimen contract form indicating the material terms and conditions to which the proposer shall be required to agree as part of final award, including, but not limited to, requirements for performance bonds, payments bonds, warranty bonds and insurance;
(8)
The request for proposals shall include such other information, procedures or requirements as the director considers appropriate to properly evaluate and select a design-build entity.
(Ord. O-2010-05 § 2, 2010)
(a)
The director shall establish procedures to prequalify design-build entities using a questionnaire to be developed by the departments involved. Upon approval of the city administrator or the city council, as the case may be, the director may engage the services of such design professionals or construction experts as may be necessary to assist in the preparation and/or evaluation of prequalification questionnaires or proposal documents if necessary to augment existing city resources.
(b)
The prequalification process shall include the following:
(1)
For any partnership or joint venture, the design-build entity shall provide evidence that all general partners or joint venture members agree to be fully liable for the performance of the design-build entity under the design-build contract.
(2)
The design-build entity must demonstrate, at the time of submission of the proposal, that it possesses all required licenses, registrations and credentials required to design and construct the project, that all such licenses, registration and credentials are in good standing, and that it has the capacity to obtain all required payment, performance or warranty bonds, liability insurance, and errors and omissions insurance.
(3)
The design-build entity must identify the employees and consultants of the design-build entity that will be assigned to management and primary supervision duties on the proposed project, and demonstrate that each such person has the demonstrated management competency to successfully complete the proposed project.
(4)
The design-build entity must disclose any violation by any entity member of federal or state law concerning the payment of wages, benefits, or personal income tax withholding, state disability insurance withholding, workers' compensation, unemployment insurance payment requirements, or of federal or state law governing employment, contracting or subcontracting.
(5)
The design-build entity must disclose information concerning any entity member who or which defaulted on a construction contract, was assessed liquidated damages on account of delay in completion of a project, had responsibility for completing a construction project that a surety company was obligated to complete, was debarred, disqualified, determined to be a nonresponsible bidder or removed from any public works project, or was involved in any prior litigation between a design-build entity, or any member thereof, with the owner of any public work in the previous five year period.
(6)
The design-build entity shall be required to submit such documentation as called for in the request for proposals to demonstrate the financial condition and qualifications of the design-build entity with regard to the proposed project.
(Ord. O-2010-05 § 2, 2010)
(a)
No person who substantially participated in the preparation of a request for proposals shall participate in the preparation of a proposal by, or otherwise be a part of, any design-build entity responding to that request for proposals.
(b)
A design-build entity shall be prohibited from including as a member, or using on a project, any person who substantially participated in the preparation of the request for proposals for the project.
(c)
Any design-build entity violating the provisions of this section shall immediately be disqualified from further consideration.
(Ord. O-2010-05 § 2, 2010)
(a)
Single Proposal. A design-build entity shall only submit one proposal in response to a request for proposals, and no member of a design-build entity or design professional shall participate in the submission of more than one proposal in response to a request for proposals. Nothing herein prohibits persons subcontracting with a design-build entity from participating as a subcontractor in more than one proposal.
(b)
Submission of Proposals. A design-build entity shall submit its proposal at the place and by the day and time set forth in the request for proposals.
(c)
Time Extension(s). Prior to the time fixed in the request for proposals for submitting proposals, the director may extend the time for submitting proposals by giving written notice to each design-build entity requesting or otherwise provided with a request for proposals.
(d)
Subcontractors.
(1)
The proposal shall identify each person or entity to whom the design-build entity intends to sublet obligations under the design-build contract. The proposal shall specify the trade of such person or entity, or the type of work to be performed by such person or entity if in excess of 5% of the anticipated budget.
(2)
The listing of persons or entities to whom the design-build entity proposes to sublet obligations may be added to or otherwise amended prior to award of a design-build contract only when necessary to address changes in the proposal resulting from negotiations with the city.
(e)
Ownership of Proposals.
(1)
The drawings, specifications and other information contained in a proposal shall remain the property of the design-build entity making the proposal unless and until the city accepts the proposal.
(2)
Ownership of the drawings, specifications and other information contained in a proposal that the city has accepted shall be determined in accordance with the terms of the design-build contract and request for proposals.
(f)
Incomplete Proposal. At the time a design-build entity submits a proposal, the proposal shall contain all the information and documents required by the request for proposals. The director shall deem a proposal that does not contain any material information or documents required by the request for proposals to be nonresponsive and shall not consider the proposal further. The director, in the director's discretion, may waive minor irregularities in a proposal and proceed to consider the proposal.
(Ord. O-2010-05 § 2, 2010)
(a)
The director shall evaluate and rank the proposals using only the criteria and selection process set forth in the request for proposals.
(b)
After evaluating the proposals, the director may request all or some of the proposers to submit additional designs, information or documents, or to clarify or refine a response to some part of the request for proposals. The proposers shall submit the responses in the manner set forth in the request.
(c)
Rejection of Proposals. The director is authorized to reject all of the proposals. In the event the director rejects all proposals, the director may: (1) re-issue the request for proposals in the form previously approved by the city council; (2) prepare a revised request for proposals for approval by the city council pursuant to this chapter; or (3) discontinue the competitive process for award of a design-build contract for the project.
(d)
Recommendation. After evaluation of the proposals, the director may recommend that the city council: (1) award a design-build contract to one of the design-build entities submitting a proposal; or (2) request authorization to engage in negotiations with one or more of the design-build entities that submitted a proposal if the city reserved the right in the request for proposals to hold such negotiations.
(e)
The director's recommendation made pursuant to this section shall include the cumulative scores, utilizing the selection criteria, of each proposer.
(f)
Objections.
(1)
The director shall notify all proposers in writing of the recommendation made to the city council. The written notice of recommendation shall include the reasons for the recommendation and the cumulative scores of each of the proposers utilizing the selection criteria.
(2)
A proposer may submit a written statement setting forth any objections to the recommendation on or before five working days following the date of the notice of recommendation and shall include therein each such objection and the grounds supporting each such objection.
(g)
Consideration of Objection(s). The director shall consider each written objection to determine whether any one objection or the aggregate of the objections warrant amending the director's recommendation. The director shall provide all proposers with the written response to any objections prior to the city council considering the recommendation of the director.
(h)
The director shall provide the city council copies of the written objections and responses to such objections.
(i)
Award. Following the competitive request for proposal selection process, the city council may award a designbuild contract to the design-build entity it concludes best meets the needs of the city.
(Ord. O-2010-05 § 2, 2010)
(a)
From the time of the city council's approval of a request for proposals and the time that the director makes a recommendation to the city council pursuant to Section 1.18.100 of this chapter, members of a design-build entity and any persons working for or representing the design-build entity shall communicate with only the person(s) designated in the request for proposals regarding the request for proposals.
(b)
Nothing in this section shall prohibit any member of a design-build entity or any persons working for or representing a design-build entity from communicating with any person in the city, including, but not limited to the city council, regarding an alleged failure of a city employee to follow the procedures or requirements governing the request for proposals, or any alleged misconduct or impropriety of a city employee related to the request for proposals.
(c)
The failure of a design-build entity to comply with this section shall result in disqualification from consideration.
(Ord. O-2010-05 § 2, 2010)
(a)
The design-build entity shall not replace those persons identified at the time of the award of the design-build contract as being subcontractors for construction work on the project, except in accordance with the requirements of the California Public Contract Code.
(b)
Notwithstanding the provisions of subsection (a), the city recognizes that listing all subcontractors at the time of the award of the design-build contract may be impracticable because the design has not been completed. All subcontractors not listed by the design-build entity at the time of award shall be obtained by the design-build entity in accordance with the requirements of the California Public Contract Code.
(Ord. O-2010-05 § 2, 2010)
(a)
Notwithstanding the requirements of this chapter regarding competitive procedures for public works projects and contracts, the city council may approve the use of an alternate public works construction project procurement procedure instead of the bidding/competitive procedures set forth in Section 608 of the Charter of the city of Placentia and this chapter of the municipal code as follows:
(1)
The alternate procedure may include the design-build method of construction whereby the city enters into a single contract with a developer or contractor for the design and construction of the facility.
(2)
The contractor or developer may be procured by a selection process based on the criteria of experience, qualifications and best value. Any design-build project with an estimated cost of less than one million dollars ($1,000,000.00) shall not require implementation of the provisions of Sections 1.18.060 and 1.18.070. Any designbuild project with an estimated cost of one million dollars ($1,000,000.00) to six million dollars ($6,000,000.00) shall not require implementation of the provisions of Section 1.18.070.
(3)
This procedure/method may be used, but is not limited to, use, when it is anticipated that the method will reduce project cost, expedite project completion, enable use of public/private partnership forms of project finance, and/or create certainty for total project expense.
(4)
Design-build public works projects and contracts may be negotiated and awarded on such procedures, terms and conditions as the city council deems appropriate in the exercise of its authority as a charter city. Any such award shall require four affirmative votes by the city council.
(b)
Public Contract Code. The provisions of this section authorizing the use of the design-build construction procurement alternate method shall be the prevailing regulations for public works design and construction procurement where there are conflicts between the provisions of this chapter and the provisions of the California Public Contract Code, pursuant to Section 1100.7 of the California Public Contract Code.
(Ord. O-2014-11 § 2, 2014)