HomeMy WebLinkAboutORD NO 3914ORDINANCE NO. 3 9 I 4
AN ORDINANCE ADDING SUBSECTION D.5
TO SECTION 3.20.060 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO
DESIGN/BUILD.
WHEREAS, the use of design/build methodologies have been shown to materially
decrease the cost of construction; and
WHEREAS, the City Council for the City of Bakersfield desires to obtain the best
possible cost for the construction of public works projects in the City of Bakersfield; and
WHEREAS, the State of California, through the Public Contracts Code, has allowed
the use of design/build construction for the State of California under certain prescribed
conditions; and
WHEREAS, the City Council believes the public and the process of procuring
construction services can be adequately protected through the use of a fair and open
competition process for choosing a design/build entity which serves the best interest of the
City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Subsection D.5 is hereby added to Section 3.20.060 of the Bakersfield Municipal
Code and shall read as follows:
Section 3.20.060 Bidding.
D.5. When the City Council, by resolution establishes findings justifying an
exception to the bidding process, and determining that work, supplies, equipment and
materials can be best obtained through the design/build construction procurement process,
then upon adoption of said resolution by the City Council, the following design/build
procurement process shall be used:
a. When the City Council authorizes the use of the design/build
procurement process for a specific project, the Director of Public Works may proceed
pursuant to this section.
b. For the purposes of this section "design/build" means a procurement
process in which both the design and construction of a project are procured from a single
entity.
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c. For the purposes of this section, "design/build entity" means a
partnership, corporation, joint venture, or other legal entity that is able to provide
appropriately licensed contracting, architectural, and engineering services as needed.
d. The selection criteria for the design/build competition shall be based
upon performance, price, and other criteria set forth by the Public Works Department in
the solicitation proposals. The department shall establish technical criteria and
methodology, including price, to evaluate proposals, and shall describe the criteria and
methodology in the request for design/build proposals. Criteria used in this evaluation of
proposals may include, but need not be limited to, items such as proposed design
approach, life cycle cost, project features, and functions. The award shall be made to the
desigNbuild entity whose proposal is judged as meeting the best interest of the City and
meeting the objectives of the project.
e. Prior to contracting for the procurement under design/build, the Public
Works Director shall:
(1) Prepare a program 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, performance specifications covering the quality of the materials,
equipment and workmanship, or any other information deemed necessary to describe
adequately the City's needs. The performance specifications shall be prepared by a
design professional duly licensed and registered in the State of California.
(2) (A) Establish a competitive selection process for design/build
entities, including any subcontractors listed at the time of the submission, that clearly
specifies the selection criteria, as well as recommends the manner in which the winning
entity will be selected.
(B) The Public Works Director shall consider at least the
following criteria in selecting a design/build entity:
(i) Possession of all required licenses, registration,
and credentials in good standing that are required to design and construct the project.
(ii) Submission of evidence that establishes the
desigNbuild entity members have completed, or demonstrated the capability to complete,
projects of similar size, scope or complexity, and that proposed key personnel have
sufficient experience and training to competently manage and complete the design and
construction of the project.
(iii) Submission of a proposed project management
plan that establishes the design/build entity has the experience, competence, and capacity
needed to effectively complete the project.
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(iv) Submission of evidence that establishes 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 that assures the City the design/build entity has the capacity to complete the
project.
(v) Provision for a declaration certifying that applying
members of the design/build entity have not had a surety company finish work on any
project within the last five (5) years.
(vi) Provision for information and a declaration
providing details concerning at least the following:
(1) Any construction or design claim or
litigation totaling more than $500,000 or 5% of the annual value of work performed, which
ever is less, settled or filed against any member of the design/build entity over the past five
(5) years.
(2) Serious violations of the Occupational
Safety and Health Act, as provided in Part 1 (commencing with section 6.300) Division 5
of the Labor Code settled or filed against any member of the design/build entity.
(3) Violations of federal or state law, including,
but not limited to, those laws governing the payment of wages, benefits, or personal
income tax withholding, or a Federal Insurance Contribution Act (FICA) withholding
requirements, State Disability Insurance withholding, or Unemployment Insurance payment
requirements, settled or filed against any member of the design/build entity over the past
five (5) years.
(4)
Information required by Section 10162 of
the Public Contracts Code.
(5) Violation of the Contractor State License
Law (Chapter 9) commencing with Section 7000 (a Division 3 of the Business and
Professions Code), excluding alleged violations or complaints.
(6) Any criminal conviction or finding of liability
or settlement in a civil action involving any member of the design/build entity of submitting
a false or fraudulent claim to a public agency over the past five (5) years.
(7) Provision for a declaration that the
design/build entity will comply with all other provisions of law applicable to the project.
f. The City Council recognizes design/build entity is charged with
performing both design and construction. Because a design/build contract may be
awarded prior to the completion of a design, it is often impracticable for the design/build
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entity to list all subcontractors at the time of the award. As a result, a subcontractor listing
requirement can create a conflict with the implementation of the design/build process by
requiring all subcontractors to be listed at time when a sufficient set of plans may not be
available. It is the intent of the City Council to establish a clear process for the selection
and award of subcontracts entered into pursuant to this section in a manner that maintains
protection for subcontractors while enabling design/build projects to be administered in an
efficient fashion. Therefore, the following requirements shall apply, at a minimum, to
subcontractors, licensed pursuant to Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code, that are employed in design/build
projects undertaken pursuant to this section:
1. The Public Works Department, and each design/build request
for proposal, may identify types of subcontractors, by subcontractor license classification,
that will be listed by the design/build entity at the time of the submission of proposal. In
selecting the subcontractors that will be licensed by the design/build entity, the Public
Works Department shall limit the identification to only those licensed classifications
deemed essential for proper completion of the project. All subcontracts that were not listed
by the design/build entity at the time of the submission of proposal shall be awarded in
accordance with paragraph (f)2 of this Section.
2. All subcontracts that were not to be performed by the
design/build entity in accordance with paragraph (f)l of this Section shall be competitively
bid and awarded by the desigNbuild entity in accordance with the design/build process set
forth by the department in the design/build package.
g. Any design/build entity that is selected to design and build a project
pursuant to this Section shall possess or obtain sufficient bonding as required by law.
Nothing in this Section shall prohibit a general or engineering contractor from being
designated the lead entity on a design/build entity for the purposes of purchasing
necessary bonding to cover the activities of the design/build entity.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held onJUN 3 0 1999
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
C TY CLERK and EX OF~CI_0 of
CLuncil of the City of Bakersfield the
APPROVED:
JUI~ 3 (~ 1999
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
BART J. THILTGEN, CITY ATTORNEY
By:
Assistant City Attorney
ADD:dlr
S :\COUNCIL~C)rds~DesignBuildOrd .wpd
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. MCCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on the 1st day of July , 1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3914 , passed by the
Bakersfield City Council at a meeting held on the 30th day of June 1999 , and
entitled:
AN ORDINANCE ADDING SUBSECTION D.5 TO SECTION 3.20.060 OF
THE BAKERSFIELD MUNICIPAL CODE RELATING TO DESIGN/BUILD.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
dSPUlk( City
S:\DOCUMEN'RAOPOSTING
July 1, 1999