For the purposes of this chapter, the following definitions apply:
"Alternate procedure"means an alternate public construction project procurement procedure, other than by traditional design-bid-build procurement procedure (i.e., where the city hires a design professional to produce complete plans and specifications, and contractors bid on the construction of the improvements based on those previously approved plans and specifications), by which both the design and construction of a project are procured by one of the following methods in compliance with this chapter.
1. Design-build, as defined in this chapter.
2. From a design-build entity, as defined in this chapter, which might also include other disciplines including, but not limited to, soils or materials testing and soil remediation, or the provision of products, such as solar energy devices or playground equipment.
3. From a construction consultant who is preliminarily selected as the preferred contractor, and where the city establishes any method for obtaining preconstruction services from the construction consultant, including guidelines for the approval of a design of the project in coordination with the construction consultant and the city's previously selected design professionals, or any similar methodology, in any event intended to result in the best value to the city through a guaranteed maximum price from the construction consultant through a design-build contract.
"Best interest of the city"means an alternate procedure that is projected to meet the interests of the city and objectives of the project which may include reducing the project delivery schedule and total cost of the project while maintaining a high level of quality workmanship and materials.
"Best value"means value determined by objective criteria, and may include, but is not limited to, price, features, functions, life cycle costs, and other criteria deemed appropriate.
"Competitive negotiation"means a competitive sealed proposal procurement method that includes, but is not limited to, all of the following requirements:
1. Generally describes the services sought to be procured by the city;
2. Sets forth minimum criteria for evaluating proposals submitted in response to a request for proposals;
3. Generally describes the format and content of proposals to be submitted;
4. Provides for negotiation of scope and price; and
5. May place emphasis on described factors other than price to be used in evaluating proposals.
"Construction consultant"means a pre-qualified, licensed, contractor selected by the city as the preferred contractor for a design-build project, who shall be compensated for services incurred in assisting in the design of a project resulting in a design-build contract with the construction consultant as a single entity or a member of a design-build entity.
"Design-build"means a public construction procurement method in which both the design and construction of a project are procured from a single entity. Design-build includes the utilization of competitive negotiation.
"Design-build contract"means a contract between the city and a design-build entity or construction consultant 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 designbuild contract may be awarded conditioned upon subsequent refinements in scope and price during the development of the design, approval by the city of a guaranteed maximum price for project construction, and may permit the city to make changes in the scope of the public works project without invalidating the design-build contract.
"Design-build entity"means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, or engineering services. A design-build entity may include a construction consultant as a design-build entity member.
"Design professional"means a professional that is duly licensed and registered in California, either city staff or an outside consultant, who provides professional design services and/or develops the criteria package that may include, but is not limited to, facility program, design criteria, performance specifications and other project-specific technical material.
"Project"means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including demolitions, and the construction and installation of drainage systems, lighting and signaling systems, sewer and water systems, and park and recreational facilities.
(Ord. 5022 § 2, 2015)