Cathedral City Municipal Code Art. 5 Design-Build Contract Procurement

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. The city may elect to utilize the design-build procurement procedures in this article in lieu of any other applicable procedures in this chapter.

B. Definitions. All defined terms in this section appear in italics. 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 also includes projects where in addition to design and construction, other functions may be added including, but not limited to, construction management, inspection, soils/materials testing, financing, operating and/or maintenance.

"Design-build entity"

means a partnership, corporation, or other legal entity 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 on behalf of the design-build entity.

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 a proposal, bid information and performance specifications setting forth the scope of the project that may include, but is not limited to, size, type and desired design character of the project and site, and performance specifications. The performance specifications shall describe the quality of construction materials, assemblies and other information deemed necessary to adequately describe the city's needs. The performance specifications shall be prepared by a design professional designated by the city.

D. Notice of Availability. The notice of availability shall set a date for the opening of proposals and distinctly state the nature and scope of the project to be constructed. At least ten days before the date of opening the proposals, the notice of availability shall be posted on the city's website and in at least one public place in the city that has been designated for the posting of public notices.

E. Any architectural firm, engineering firm, specialty consultant or individual retained by the city to assist in the development of criteria or preparation of the request for proposals shall not be eligible to participate in the competition with any design-build entity, nor take part in the ranking of proposals during the selection committee process.

F. Selection Committee. The city manager shall appoint a selection committee to review and to rank the proposals of the design-build entities. The selection committee shall use the evaluation criteria set forth in subsection G or H of this section and in the request for proposal. The selection committee shall be comprised of one representative from the finance department, three employees from the department responsible for the project, and one representative from a department other than finance or the responsible department.

G. Selection Method for Design-Build Projects with an Estimated Value Up to One Million Dollars. A design-build competition based on performance, specifications and criteria set forth by the city in the request for proposals.

1. Criteria used may include, but not be limited to:

a. An evaluation of overall quality, capability, resource availability and financial stability of the firm.

b. An evaluation of references provided with respect to responsiveness, quality of work, timeliness and overall performance.

c. An evaluation of the firm and/or project manager's ability and experience in providing the service offered, including: experience with local government, scope of services covered, length of time involved, level of client satisfaction, cost/benefits relationship and relative success.

d. An evaluation of the experience, training and qualifications of the personnel the firm will be committing for assignments on the proposed project.

e. Consideration of items such as proposed design approach, initial and/or life-cycle costs, project features, financing, quality, capacity, schedule, and operational and functional performance of the facility. However, any criteria and methods used to evaluate proposals shall be limited to those contained in the request for design-build proposals.

f. The extent to which the firm's proposal meets the technical criteria and methodology requested.

g. Analysis of the cost relative to the firm's ability to meet the specifications and criteria set forth in this subsection and in the request for proposal.

h. Whether the cost as provided in the bid is guaranteed firm, evidenced in writing and signature by an authorized representative of the firm.

2. Depending on the number of proposals received by the city, the selection committee may develop a "short-list" of the top ranked design-build proposals.

3. Depending on the number of proposals and/or complexity of the project, the selection committee may require the "short-listed" design-build entities to complete an interview/presentation to the selection committee to establish a final ranking.

4. The selection committee will then begin negotiations with the top ranked design-build entity. The negotiations may include but are not limited to project cost, scope, and schedule. If negotiations are not successful, negotiations will cease with the top ranked design-build entity, and negotiations may begin with the second ranked design-build entity.

5. Award shall be made by the city council to the design-build entity whose proposal is judged as one that best serves the interests of the city by meeting the criteria set forth in this subsection and in meeting the requirements established in the request for proposal.

H. Selection Method for Design-Build Projects with an Estimated Value Over One Million Dollars. The selection committee may choose to establish a competitive prequalification process that specifies the manner and means used to submit a statement of qualifications as well as recommends the manner a shortlist will be established, and an award made.

1. Statements of qualifications evaluation criteria may include, but are not limited to, submission of the following documents:

a. That the design-build entity is a licensed contractor, and holds an architect and engineering license or subcontracts that license.

b. That the design-build entity members have completed 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 project.

c. A proposed project management plan establishing that the design-build entity has the experience, competence, and capacity needed to effectively complete the project.

d. 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 financial statements.

e. That the design-build entity will comply with all other provisions of law applicable to the project.

f. That the design-build entity or its members have not had a surety company finish work on any project within the past five years.

g. That the design-build entity provides information for the past five years for the following:

i. Civil or criminal violations of the contractors' state license law against any member of the designbuild entity member.

ii. Any conviction of any member of the design-build entity of submitting a false or fraudulent claim to a public agency.

iii. 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.

iv. Civil or criminal violations of federal or state law against any design-build entity member governing equal opportunity employment, contracting or subcontracting.

v. Technical approach and team expertise.

vi. Design and construction experience.

h. The overall technical qualifications of the design build entity and the individual expertise of key personnel proposed for the project.

i. Previous design and construction experience on projects of similar size and scope, as well as the experience of their key personnel assigned to this project.

2. Those design-build entities recommended to be placed on the shortlist, shall receive the request for proposals.

3. Award shall be made by the city council to the lowest qualified design-build entity.

4. If the selection committee chooses not to utilize the prequalification process, the design-build entity shall be selected and awarded pursuant to the process set forth in this chapter.

I. Rejecting Bids—Right to Reject Any and All Bids. Nothing in this chapter requires the city to accept any bid and the city hereby reserves the right to reject any and all bids.

J. Subcontractor 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 impractical 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 section in a manner that affords protection for subcontractors while enabling design-build projects to be administered in an efficient fashion.

2. The following requirements 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 the 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 consideration of the project.

b. Subcontracts not listed at time of award shall be performed or awarded by the design-build entity in accordance with a bidding process set forth in the respective request for proposals or bid invitation. The design-build entity shall furnish to the city documentation to verify that all subcontracts not listed at the time of award were subsequently awarded in accordance with the respective request for proposal or bid invitation. All subcontractors that are listed at the time of award, or subsequently in accordance with the respective request for proposal or bid invitation shall be afforded the protection of Section 4107 of the California Public Contract Code.

(Ord. 813 § 1, 2018)