A. The Procurement Agent shall prepare a set of documents setting forth the scope and estimated price of the Public Works Project. The documents may include, but need not be limited to, the size, type, and desired design character of the Public Works Project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the City's needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.
B. The Procurement Agent shall prepare and issue a request for qualifications in order to prequalify or short- list the design-build entities whose proposals shall be evaluated for final selection. The request for qualifications shall include, but need not be limited to, the following elements:
(1) Identification of the basic scope and needs of the Public Works Project or contract, the expected cost range, the methodology that will be used by the City to evaluate proposals, the procedure for final selection of the design- build entity, and any other information deemed necessary by the City to inform interested parties of the contracting opportunity.
(2) Significant factors that the City reasonably expects to consider in evaluating qualifications, including technical design and construction expertise, acceptable safety record, and all other nonprice-related factors.
(3) A standard template request for statements of qualifications prepared by the City. In preparing the standard template, the City may consult with the construction industry, the building trades and surety industry, and other cities using design-build procurement. The template shall require the following information:
(a) If the design-build entity is a privately held corporation, limited liability company, partnership, or joint venture, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the Public Works Project.
(b) Evidence that the members of the design- build team have completed, or demonstrated the experience, competency, capability, and capacity 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 Public Works Project, and a financial statement that ensures that the design-build entity has the capacity to complete the Public Works Project.
(c) The licenses, registration, and credentials required to design and construct the Public Works Project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.
(d) Evidence that establishes that the design- build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.
(e) Information concerning workers' compensation experience history and a worker safety program.
(f) If the proposed design-build entity is a corporation, limited liability company, partnership, joint venture, or other legal entity, a copy of the organizational documents or agreement committing to form the organization.
(g) An acceptable safety record. A proposer's safety record shall be deemed acceptable if its experience modification rate for the most recent three- year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three- year period does not exceed the applicable statistical standards for its business category or if the proposer is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code.
(4)
(a) The information required under this section shall be certified under penalty of perjury by the design-build entity and its general partners or joint venture members.
(b) Information required under this section that is not otherwise a public record under the California Public Records Act (Chapter 3.5 commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall not be open to public inspection.
C. Based on the documents prepared as described in paragraph A of this section, the Procurement Agent shall prepare a request for proposals that invites prequalified or short- listed entities to submit competitive sealed proposals in the manner prescribed by the City. The request for proposals shall include, but need not be limited to, the following elements:
(1) Identification of the basic scope and needs of the Public Works Project or contract, the estimated cost of the Public Works Project, the methodology that will be used by the City to evaluate proposals, whether the contract will be awarded on the basis of low bid or best value, and any other information deemed necessary by the City to inform interested parties of the contracting opportunity.
(2) Significant factors that the City reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all nonprice-related factors.
(3) The relative importance or the weight assigned to each of the factors identified in the request for proposals.
(4) Where a best value selection method is used, the City may reserve the right to request proposal revisions and hold discussions and negotiations with responsive proposers, in which case the City shall so specify in the request for proposals and shall publish separately or incorporate into the request for proposals applicable procedures to be observed by the City to ensure that any discussions or negotiations are conducted in good faith.
D. For those Public Works Projects utilizing low bid as the final selection method, the competitive bidding process shall result in lump-sum bids by the prequalified or short-listed design-build entities, and awards shall be made by the Mayor and Common Council or, for Public Works Projects undertaken by the San Bernardino Municipal Water Department, the Board of Water Commissioners, to the design- build entity that is the lowest responsible bidder.
E. For those Public Works Projects utilizing best value as a selection method, the design build competition shall progress as follows:
(1) Competitive proposals shall be evaluated by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the Procurement Agent:
(a) Price, unless a stipulated sum is specified.
(b) Technical design and construction expertise.
(c) Life-cycle costs over 15 or more years.
(2) Pursuant to paragraph C, the City may hold discussions or negotiations with responsive proposers using the process articulated in the City's request for proposals.
(3) When the evaluation is complete, the responsive proposers shall be ranked based on a determination of value provided, provided that no more than three proposers are required to be ranked.
(4) The award of the contract shall be made to the responsible design-build entity whose proposal is determined by the Mayor and Common Council, or for Public Works Projects undertaken by the San Bernardino Municipal Water Department, the Board of Water Commissioners, to have offered the best value to the public.
(5) Notwithstanding any other provision of this code, upon issuance of a contrac award, the City shall publicly announce its award, identifying the design-build entity to which the award is made, along with a statement regarding the basis of the award.
(6) The statement regarding the City's contract award, described in paragraph (5), and the contract file shall provide sufficient information to satisfy an external audit.
(Ord. MC-1423, 7-05-16)