Shafter Municipal Code Ch. 2.69 Design-Build Contracts

The purpose of this chapter is to provide definitions, procedures, and guidelines for the award, use, and evaluation of design-build contracts by the city of Shafter.

(Ord. No. 659, § 1, 9-6-14)

For the purposes of this chapter, the following definitions apply:

A. "Best value" means a value determined by criteria, including but not limited to price, features, technical attributes, functions, life-cycle costs, demonstrated competence of the design-build entity, experience with similar projects, and experience working with California public agencies , including California charter cities.

B. "Design-build" means a public works procurement method in which both the design and construction of a project are procured from a single entity pursuant to a single contract.

C. "Design-build contract" means a single 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.

D. "Design-build entity" 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.

E. "Performance criteria" 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.

F. "Proposal" means an offer to enter into a design-build contract, as further defined in this chapter.

G. "Request For proposals" means the document or publication whereby the city engineer, with assistance from staff as necessary, solicits proposals for a design-build contract.

(Ord. No. 659, § 1, 9-16-14)

For purposes of this chapter only, the city engineer or his or her designee may authorize the use of design-build subject to approval by the city council on projects meeting one or more of the following criteria:

A. Projects by their nature benefit from having one point of responsibility for design and engineering, construction and warranty services, thereby minimizing the city's overall risk and maximizing the public benefit in comparison to the traditional design, bid and build methodology for public works projects.

B. Specialized and/or technical projects where availability of qualified designers, engineers, vendors and contractors is limited.

C. Projects with high degree of schedule sensitivity.

Upon selecting a project for design-build procurement, the city engineer shall present project details and the basis for use of design-build to the city council for review and approval prior to seeking proposals or preparation of the request for proposals, if applicable.

(Ord. No. 659, § 1, 9-16-14)

Following council review and approval of the design-build procurement, the city engineer may obtain, where practicable, three written proposals or, in the alternative, may, in his or her discretion require requests for proposals. In the event that the city engineer opts to issue a request for proposals, the request for proposals shall set forth the proposed initial scope of the project and may include, but is not limited to, the following elements:

A. Establishment of a prequalification process (optional), per Sections 2.69.050 and 2.69.060 below.

B. Identification of the basic scope and needs of the project and design-build contract, the expected cost range, and other information deemed necessary by the city to inform interested parties of the contracting opportunity, to include the methodology that will be used by the city to evaluate proposals, and specifically if the contract will be awarded to the lowest responsible bidder or on a best value basis as set forth in the request for proposals.

C. Significant performance criteria and other objective factors which the city reasonably expects to consider in evaluating proposals in order to determine responsiveness and the best value proposal, including cost or price and all non-price related factors.

D. The relative importance or weight assigned to each of the factors identified in the request for proposals as will be used to establish the best value proposal.

(Ord. No. 659, § 1, 9-16-14)

The city engineer has the discretion to establish a competitive prequalification and selection process prior to the issuance of a request for proposal for the design-build contract. If a prequalification process is used, such prequalification procedure shall be advertised publicly. In the event a prequalification process is used, only prequalified design-build entities shall be permitted to submit proposals in response to the request for proposals.

(Ord. No. 659, § 1, 9-16-14)

If the city engineer elects the optional prequalification process as the basis for the selection process of the design-build entity, the objective criteria for prequalification may include, but are not limited to, consideration of the following criteria supplied by a design-build entity:

A. Possession of all required licenses, 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 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.

(Ord. No. 659, § 1, 9-16-14)

The information submitted to the city in a prequalification process concerning the design-build entity's qualifications and experience shall 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. No. 659, § 1, 9-16-14)

The city engineer may, in his or her sole discretion, require that proposals be accompanied by a cashier's check or certified check made payable to the city of Shafter, 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 ten percent of the amount of the proposal and no proposal shall be considered unless such proposal guarantee is properly enclosed therewith. The proposal guarantee shall 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. No. 659, § 1, 9-16-14)

A. The city engineer may appoint a selection committee to review and rank the proposals of the design-build entities from most advantageous to the city to least. The selection committee shall 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 shall be within the discretion of the city engineer 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 shall award the final contract after considering the selection committee's evaluation of proposals to the proposal found to be most advantageous to the city as the best value.

(Ord. No. 659, § 1, 9-16-14)

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 design-build project to be administered in an efficient fashion.

B. All of the following requirements shall apply to subcontractors, licensed by the state, that are employed on design-build projects undertaken pursuant to this chapter.

1. The request for proposals shall 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 shall be awarded subcontracts by the design-build entity in accordance with a competitive selection process set forth in the request for proposals. The design-build entity shall furnish to 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. all subcontractors that are listed in the proposal or subsequently awarded subcontracts shall be afforded the protection of all applicable laws.

(Ord. No. 659, § 1, 9-16-14)