§ 2-13-380. Design-build projects.

(a)

Application. A design and build, a design-build-operate-maintain, or a design-build-finance-operate-maintain project delivery system (collectively, design-build), may be authorized when the delivery system is advantageous to the city and results in the most timely, economical, and successful completion of the project.

(b)

Written determination. A department seeking to use a design and build, a design-build-operate-maintain, or a design-build-finance-operate-maintain delivery system for a specific project shall submit a written recommendation to the chief procurement officer. The primary factors that should be addressed in the memo include:

(1)

Summary of project:

a.

Description of project, goals and requirements.

b.

Estimated design costs.

c.

Estimated construction costs.

d.

Estimated project schedule.

e.

City staff on the design-build team to formulate, evaluate, and administer request for proposals.

f.

Funding source and amount.

(2)

Summary of why would it be advantageous for the city to use design-build and the reasons for the potential benefits, such as:

a.

Significant time savings.

b.

Higher quality realized through designs tailored to contractor capability, design and builder work together to enhance each capabilities and methods, and/or combined expertise of contractor with designer to maximize potential benefits.

c.

Less impact on the public with the use of expedited construction processes.

d.

Unusual or unique requirements that could be effectively addressed by design-build.

e.

Specialty skills needed for design or construction.

f.

Reduction of total costs.

g.

Best value solution with value engineering

h.

Summary of potential risks or problems due to using design-build for specific project and mitigation solutions.

i.

Capability of city staff (with consultant, as applicable) to effectively administer and manage the design-build project, and a statement as to who will ultimately be responsible for the management of the project.

(c)

Commission approval. The proposed use of the design-build delivery system shall be submitted to the city commission for concept approval prior to proceeding with the procurement process.

(d)

Process. If approved by the city commission, the following process shall be used when initiating and planning a design build project.

(1)

Identify the goal.

(2)

Assign the city project manager.

(3)

Assemble project team, including consultant if advisable.

(4)

Develop project requirements:

a.

Project scope.

b.

Project goals.

c.

Quality expectations.

d.

Final project expectations.

e.

Technical requirements.

f.

Contract development.

g.

Decision making process.

(5)

Plan the project schedule.

(6)

Determine clear and complete definition of project and technical areas.

(7)

Provide equal platform of information for proponents to be able to prepare competitive proposals.

(e)

Determinations prior to requests for proposals. The city project team shall clearly determine what will be done by city staff and what tasks are included in the requests for proposals, including but not limited to the following:

(1)

Environmental studies.

(2)

Public participations through public hearings and other input.

(3)

Interagency agreements.

(4)

Utility agreements/relocations.

(5)

Right-of-way acquisition.

(6)

Handling and resolution of hazardous materials.

(7)

Cultural and archeological resource site investigation.

(8)

Endangered species investigations.

(9)

Permit requirements.

(10)

Determine risks and clarify mitigation and responsibility.

(11)

Surveys.

(12)

Mapping.

(13)

Hydraulic analysis.

(14)

Geotechnical investigations.

(f)

Other areas and expectations that should be addressed in the request for proposals may include the following:

(1)

Legal description of site.

(2)

Maximum available construction costs (MACC).

(3)

Aesthetic considerations and compatibility with existing facilities.

(4)

Site development requirements.

(5)

Special codes, regulations, ordinances or statutes.

(6)

Utilities, parking and landscaping requirements.

(7)

Future expansion requirements.

(8)

Special materials.

(9)

Space requirements.

(10)

Special equipment and systems requirements.

(11)

Construction administration.

(12)

Labor disputes.

(13)

Weather conditions.

(14)

Inflation.

(15)

Schedule requirements.

(16)

Incremental acceptance of work.

(17)

Performance guarantees/warranties.

(18)

Design reviews/approvals.

(19)

Liability for design.

(20)

Site conditions.

(21)

Contract changes.

(22)

Liquidated damages.

(23)

Ownership during phases.

(24)

Payment methodology.

(25)

Incentives and disincentives.

(26)

Bonding requirements.

(27)

Errors and omissions insurance.

(28)

Guaranteed completion date.

(29)

Warranties.

(30)

Determination of criteria for completion of contract.

(g)

Request for proposals. The city project team shall prepare a request for proposals setting forth the scope of the project that should include, but is not limited to:

(1)

The desired design requirements.

(2)

Performance specifications covering the quality of materials, equipment, and workmanship, durability, life cycle costs, conceptual plans, or any other information deemed necessary to adequately and clearly describe the city's needs.

(3)

The performance specifications and plans shall be reviewed by a registered engineer or architect professional licensed by the state, which may be a city employee or outside provider. It is intended for this review to ensure the validity of technical areas and that the information in the request for proposals will provide for a fair and complete request for proposals process. If an outside provider contracts for these review services, the design/engineering professional or the related firm cannot later participate in submitting a proposal in any capacity to the request for proposals.

(h)

Step one of request for proposals. The request for proposals issued shall include:

(1)

The project scope and requirements;

(2)

Submittal requirements from proponents;

(3)

Composition of selection committee, with statement that the city retains the option to change committee members, if necessary;

(4)

Evaluation criteria for each step of the process (step on, step two, interviews, and best and final offers, as applicable);

(5)

Description of step two and/or interviews;

(6)

Pre-proposal meeting (optional);

(7)

Number of design-build entities that will be short listed (a minimum of two (2) and a maximum of four (4));

(8)

Estimated procurement and approval schedule;

(9)

Any and all further steps in the selection process;

(10)

Any independent outside consultant or other qualified outside representative(s) who will serve on the selection committee;

(11)

A listing threshold for design disciplines, construction trades or other types of subcontractors that must be listed by the design-build entity in its proposal. The listing threshold shall be five thousand dollars ($5,000.00) or one-half of one (0.5) percent of the architect's or engineer's estimate of the total project cost, not including alternates, whichever is greater; and

(12)

Any programming and schematic design including recommended or required building systems, elevations, areas, floor plans and cross sections in limited detail to be used for further development by offerors.

(i)

Submittal requirements. The submittal requirements shall include:

(1)

Information on the qualifications of the proponent as to capability, capacity, availability, and experience of each member of the design-build entity, including a listing of all key staff and their professional licenses who will be assigned to this project;

(2)

A description of similar contracts with other municipalities;

(3)

A certification regarding all insurance and bonding requirements/certification of the request for proposal;

(4)

A statement of no debarment, disqualification, default, or early termination from any contract by any member of the design-build entity in the last five (5) years;

(5)

A certification of no commercial bankruptcy in the last five (5) years by any member of the design-build entity;

(6)

Information on any settled adverse claims, disputes or lawsuits with an owner of any public works project involving any member of the design-build entity;

(7)

A description of any OSHA violations, worker's compensation claims, or safety claims made against any member of the design-build entity within the prior two (2) years;

(8)

A description of any adverse state licensing action taken against any member of the design-build entity within the prior three (3) years;

(9)

The name and the city or county of the place of business of each subcontractor who will perform work or labor or render service to the design-build entity in or about the construction of the public infrastructure facility project in an amount in excess of the listing threshold, and the category of the work that will be done by each subcontractor. The design-build entity shall list only one (1) subcontractor for each category as defined by the contractor in its proposal; and

(10)

Any additional information requirements that may be included at the discretion of the city.

(j)

Receipt of step one proposals. The proposals shall be received as a formal sealed proposal at the purchasing office.

(k)

Evaluation under step one of request for proposals. All responsive submittals shall be evaluated based on the evaluation criteria. Step one evaluates experience, technical competence, capability to perform, past performance and preliminary project plans. The top rated design-build entity shall be short listed based on the totals of the ratings of the committee.

(l)

Step two of request for proposals.

(1)

The short-listed of design-build entity will be invited to submit detailed specific technical concepts or solutions, costs and scheduling as a formal sealed proposal to the purchasing office. If at least three (3) design-build entities do not submit responsive proposals, the short list may be composed of the number of responsive proposals received.

(2)

Cost shall be at least sixty (60) percent of the evaluation criteria. Cost may include life cycle costs, if so stated and explained in the Requests for Proposals over an appropriate period of time. Other criteria may include technical expertise, skilled labor force availability, safety record, time schedule. Additional information requirements may be included at the discretion of the city.

(3)

For a complex project or a project in which more detailed proposals are requested, a stipend may be paid to cover costs of the preparation of this phase. The amount shall be determined in advance, although a stipend is not required and is at the sole option of the city.

(4)

Interviews may be conducted, but are not required and are at the sole option of the city.

(5)

Based on evaluation of step two proposals, new information may be issued by the city and best and final offers may be submitted. The best and final offers shall be evaluated based on the evaluation criteria for step two, unless otherwise specified in writing to the top listed offerors.

(6)

All information is deemed to be confidential to the evaluation committee and city administration until a recommendation is made to the first review committee prior to city commission consideration.

(m)

Evaluation under step Two of request for proposals. The submittals are evaluated unless determined to be non-responsive. This step evaluates qualifications, quality of proposed design and technical submittals, quality of construction approach, demonstrated response to program requirements, management plan for constructing the project, cost, and schedule. Final contract negotiations shall be conducted with the top rated design-build entity. There shall be a single contract for design services, construction services, and any other requested services. If negotiations are successful, the top rated design-build entity based on the totals of the ratings of the committee shall be recommended to the applicable committees and city commission.

(n)

Other services. Finance services, maintenance services, operations services, and other related services may be included, but must be clearly stated in the request for proposals. Such services may be included as an optional component, such that a basic design-build contract could be awarded or a contract be awarded which includes the other services. The request for proposal must be very clear as to the evaluation process and criteria and how optional services would be evaluated and considered as part of the contract awarded.

(Ord. No. 1488 , § 2, 2-10-15)