HomeMy WebLinkAboutCity Council - 99-101 RESOLUTION NO.99-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH AUTHORIZING USING THE DESIGN-BUILD PROCESS FOR THE PECK
RESERVOIR EXPANSION PROJECT
WHEREAS, the use of DESIGN-BUILD methodologies have been shown to
materially decrease the cost of construction, minimize change orders, accelerate
completion, and improve project delivery; and
The process allows the financial risk between design and construction to be
shifted to the contracting entity, which creates added claim protection for the City; and
The City of Huntington Beach desires to obtain the best value for public
works projects; and
The State of California, through the Public Contract Code, has allowed the use
of DESIGN-BUILD construction under certain prescribed conditions; and
The City Charter Section 614 authorizes City Council to create an exception to
the public bidding process for projects for the extension, replacement or expansion of
the transmission or distribution system of any existing utility operated by the City; and
The Peck Reservoir Expansion Project (Project) is a part of the overall Water
System Master Plan to provide emergency storage that is now lacking, and will provide
additional operating storage to enhance operational flexibility.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Huntington Beach does hereby approve the use of the DESIGN-BUILD process for the
Project and authorizes the Director of Public Works to pursue design and construction
of the Project utilizing a single entity, meaning a partnership, corporation,joint venture,
or other legal entity that is able to provide appropriately licensed contracting,
architectural, and engineering services, as needed; and
BE IT FURTHER RESOLVED, that the City Council of the City of
Huntington Beach authorizes the Director of Public Works to develop the program
setting forth the scope of the project; its desired characteristics; performance
specifications for the materials, equipment, quality and workmanship; and other
attributes deemed necessary; and
The Public Works Department will develop the technical criteria and
methodology including price,to evaluate DESIGN-BUILD proposals utilizing pre-
qualification and short-listing of potential proposers to limit the field to three (3) to five
(5) of the most qualified DESIGN-BUILD entities; and
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Res. 99-101
The selection will be based on a competitive negotiation process considering the design
approach, experience and track record; life cycle cost of proposed project, quality, project
features and operating functions; and maintenance considerations to determine the best value and
final selection. As a minimum, the DESIGN-BUILD entity shall:
a. Possess all required Iicenses, registrations, and credentials in good standing that are
required to design and construct the project.
b. Submit evidence that establishes the DESIGN-.BUILD entity members have completed
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.
C. Submit a proposed project management plan that establishes that the DESIGN-BUILD
entity has the experience, competence, and capacity needed to effectively complete the
project.
d. Submit evidence that establishes the DESIGN-BUILD entity has the capacity to obtain all
required payment and performance bonds, 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.
e. Submit information and a declaration providing details concerning at least the following:
• Any construction or design claim or litigation totaling more than $500,000 or
5 percent of the annual value of work performed in the past five (5) years.
• Serious violations of the Occupation Safety and Health Act, as provided in
Part 1 Division 5 of the Labor Code, settled or filed against any member of the
Design-Build entity.
• 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.
• Information required by Section 10162 of the Public Contracts Code.
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Res. 99-101
• 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.
• 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, fraudulent claim to a public agency over the past five (5) years.
• A declaration that the Design-Build entity will comply with all other
provisions of law applicable to the project.
The City Council of the City of Huntington Beach recognizes that because a
DESIGN-BUILD contract will be awarded prior to the completion of a design, it is
impractical for the DESIGN-BUILD entity to list all subcontractors at the time of the
award.
BE IT FURTHER RESOLVED THAT THE City Council of the City of
Huntington Beach requires DESIGN-BUILD proposers to identify the types of
subcontractors, or subcontractor license classifications deemed essential for proper
completion of the project. All subcontracts or subcontractors not identified in the
proposal shall be selected by the entity based on a competitive bid procedure as set
forth by the department in the DESIGN-BUILD package that maintains protection for
subcontractors; and
Any DESIGN-BUILD entity that is selected to design and build the project
shall possess or obtain sufficient bonding as required by law. Nothing in This resolution
shall prohibit a general or engineering contractor from being designated as lead entity
for the purposes of purchasing necessary bonding to cover the activities of the
DESIGN-BUILD entity.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 15th Novem r , 1999.
ATTEST: Mayor
City Clerk APPROVED AS TO FORM:
0 t t I q
REVIE«TED AND APPROVED: 16� City Attorney
_, •� INITIATED AND APPROVED:
Citf Administrator
Director of Public Works
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Res. No. 99-101
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council at a
regular meeting thereof held on the 15th day of November, 1999 by the following
vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-of3icio Clerk of the
City Council of the City of Huntington
Beach, California