The purpose of this chapter is to provide definitions and guidelines
for the award, use, and evaluation of design-build contracts.
(Ord. 556 § 3, 2019)
For the purposes of this chapter, the following definitions
apply:
means a public works contract procurement method in which
both the design and construction of a project are procured from a
single entity.
means a contract between the City and a design-build entity
to furnish the architecture, engineering, and related services as
required for a given public works project, and to furnish the labor,
materials and other construction services for the same project. A
design-build contract may be awarded conditioned upon subsequent refinements
in scope and price during the development of the design, and may permit
the City to make changes in the scope of the public works project
without invalidating the design-build contract.
means the entity (whether natural person, partnership, joint
venture, corporation, business association, or other legal entity)
that proposes to enter into a contract with the City to design and
construct any public works project under the procedures of this chapter.
means any person who provides licensed contracting, architectural
or engineering services.
means the requirements for the public works project, including
as appropriate, capacity, durability, production standards, ingress
and egress requirements, or other criteria for the intended use of
the public works project, expressed in conceptual documents, performance-oriented
preliminary drawings, outline specifications and other documents provided
to design-build entity by the request for proposals establishing the
project's basic elements and scale, and their relationship to
the work site suitable to allow the design-build entity to make a
proposal.
means an offer to enter into a design-build contract, as
further defined in this chapter.
means the document or publication whereby the City Manager,
with assistance from staff as necessary, solicits proposals for a
design-build contract.
(Ord. 556 § 3, 2019)
A.
For
purposes of this chapter only, prior to procuring a design-build public
works contract, the City Manager, with the assistance of staff, as
necessary, will prepare a request for proposals setting forth the
scope of the project that may include, but is not limited to, the
size, type, and desired design character of the project, and performance
specifications. The performance specifications must be prepared by
a properly licensed professional and must describe the quality of
construction materials, assemblies, and other information deemed necessary
to adequately describe the City's needs.
(Ord. 556 § 3, 2019)
The City Manager 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. Nothing in this chapter precludes
a design-build contract from being awarded to a sole source, if, in
advance of the contract, the City Manager certifies in writing the
sole source status of the provider.
(Ord. 556 § 3, 2019)
The prequalification process may involve evaluation of criteria,
including, but not limited to, the following based on information
provided the design-build entity:
A.
Possession
of all required licenses, certificates, registration, and credentials
in good standing that are required to design and construct the project;
B.
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;
C.
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;
D.
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;
E.
Provision
of a declaration that the applying members of the design-build entity
have not had a surety company finish work on any project within the
past five years;
F.
Provision
of a declaration providing detail for the past five years concerning
all of the following:
1.
Civil
or criminal violations of the Occupational Safety and Health Act against
any member of the design-build entity,
2.
Civil
or criminal violations of the Contractors' State License Law
against any member of the design-build entity,
3.
Any
conviction of any member of the design-build entity of submitting
a false or fraudulent claim to a public agency,
4.
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 (FICA) withholding requirements, state
disability insurance withholding, or unemployment insurance payment
requirements against any member of the design-build entity. For purposes
of this subdivision, only violations by a design-build entity member,
as an employer are 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,
5.
Civil
or criminal violations of Federal or State law against any design-build
entity member governing equal opportunity employment, contracting
or subcontracting;
G.
Provision
of a declaration that the design-build entity will comply with all
other provisions of law applicable to the project. The declaration
must state that reasonable diligence has been used in its preparation
and that it is true and complete to the best of the signer's
knowledge.
(Ord. 556 § 3, 2019)
The information concerning the design-build entity's qualifications
and experience must be verified under oath by the design-build entity
and its members. It is unlawful to submit any declaration under this
chapter containing any material matter that is false.
(Ord. 556 § 3, 2019)
All proposals must be accompanied by a cashier's check
or certified check made payable to the City of Santee, or a bidder's
bond executed by a surety admitted to engage in such business in the
State of California, for an amount equal to 10% of the amount of the
proposal and no proposal may be considered unless such proposal guarantee
is properly enclosed therewith. The proposal guarantee must be forfeited
if the proposal is withdrawn beyond the deadline set forth in the
request for proposals, or if the proposal is accepted but the design-build
entity fails to execute the design-build contract.
(Ord. 556 § 3, 2019)
A.
The
City Manager may appoint a selection committee to review and rank
the proposals of the design-build entities. The selection committee
will use the evaluation criteria set forth in this chapter and the
applicable request for proposals in its review of the proposals. The
composition of the committee is within the discretion of the City
Manager and may include, but not be limited to: a minority of members
of the City Council, members of department administration or staff,
the performance criteria developer, any person having special expertise
relevant to selection of a design-build entity (design or construction
experience) and residents of the City.
B.
The
City Council will award the final contract after considering the selection
committee's evaluation of proposals, if any.
(Ord. 556 § 3, 2019)
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.
A.
It is
the intent of the City to establish a clear process for the selection
and award of subcontracts entered into pursuant to this chapter in
a manner that retains protection for subcontractors while enabling
the design-build project to be administered in an efficient fashion.
B.
All
of the following requirements apply to subcontractors, licensed by
the State, that are employed on design-build projects undertaken pursuant
to this chapter.
1.
The
request for proposals will specify the essential design disciplines,
construction trades or types of subcontractors that must be listed
by the design-build entity in the proposal.
2.
Subcontractors
not listed in the proposal may be awarded subcontracts by the design-build
entity in accordance with a bidding process set forth in the request
for proposals and/or the design-build contract. The design-build entity
must furnish to the City documentation verifying that all subcontractors
not listed at the time of award were subsequently awarded subcontracts
in accordance with the process set forth in the request for proposals
and/or the design/build contract. All subcontractors that are listed
in the proposal or subsequently awarded subcontracts must comply with
all applicable laws, be afforded the protection of all applicable
laws, and maintain public works contractor registration with the California
Department of Industrial Relations.
(Ord. 556 § 3, 2019)
Change orders to design-build contracts are subject to the limits
and requirements set forth in the City's purchasing ordinance,
as amended from time to time, or as previously approved by the City
Council.
(Ord. 556 § 3, 2019)
The design-build contract must include a provision that requires
the design-build entity to defend, indemnify and hold harmless the
City and its officers, employees, volunteers and agents from liability
arising from the acts of the design-build entity members in connection
with the performance of the design-build contract.
(Ord. 556 § 3, 2019)
