HomeMy WebLinkAbout2305ORDINANCE NO. 2305
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARTICLE I OF THE ARCADIA MUNICIPAL
CODE BY ADDING CHAPTERS 12 AND 13 CONCERNING DESIGN -
BUILD CONTRACTS, AND EXEMPTION FROM CALIFORNIA LABOR
CODE REQUIREMENTS APPLICABLE TO PUBLIC WORKS
WHEREAS, the Charter of the City of Arcadia authorizes the City to regulate
municipal affairs as it may deem necessary; and
WHEREAS, Section 1100.7 of the Public Contract Code permits a charter city by
charter or ordinance to establish an exemption from the requirements of the Public
Contract Code; and
WHEREAS, the City Charter and Chapter 11, Section 1930 of the Arcadia
Municipal Code generally exempt the City from all requirements of the Public Contract
Code applicable to general law cities, including the authority to award design -build
contracts pursuant to Public Contract Code Section 20175.2; and
WHEREAS, notwithstanding Chapter 11, Section 1930 of the Arcadia Municipal
Code, the City now desires to amend Chapter 11 of the Municipal Code to add
provisions to expressly permit the City to award design -build contracts for its public
works projects; and
WHEREAS, the power to establish standards, procedures, rules or regulations to
regulate all aspects affecting the compensation, award and performance of any public
works contract, including, but not limited to, the requirements under the California Labor
Code regarding the compensation rates to be paid for the performance of such work,
the employment of apprentices, and the hours of labor performed on such work is a
municipal affair; and
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WHEREAS, a charter city's right to exempt itself from the Labor Code provisions
generally applicable to locally funded public works projects was upheld by the California
Supreme Court in State Building & Construction Trades Council of Cal., AFL -CIO v. City
of Vista (2012) 54 CalAth 547; and
WHEREAS, the City desires to achieve greater financial flexibility by expressly
exempting all locally funded City public works projects from the Labor Code provisions
applicable to public works projects; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Arcadia Municipal Code is hereby amended by adding
Chapter 12 to Article I to read in its entirety as follows:
"CHAPTER 12
DESIGN -BUILD CONTRACTS
1940. PURPOSE AND INTENT.
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 Arcadia.
1941. DEFINITIONS
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, functions, and life -cycle costs.
(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.
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(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 set forth in 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 Manager or applicable City Department Head with assistance from
staff as necessary, solicits proposals for a Design -Build Contract.
1942. DESIGN - BUILDING PROCUREMENT PROCEDURES.
For purposes of this Chapter only, the City Manager or applicable City Department
Head with the assistance of staff as necessary, shall prepare and issue a Request For
Proposals for the competitive selection /award of any Design -Build Contract. The
Request for Proposals shall set forth the scope of the project and may include, without
limitation, the following elements:
(a) Establishment of a prequalification process (optional), pursuant to
Sections 1943 and 1944 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 whether 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 nonprice
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.
(e) The Request for Proposals shall be advertised publicly.
1943. ESTABLISHING PREQUALIFICATION AND SELECTION PROCESS.
The City Manager or applicable City Department Head has the discretion to establish a
competitive prequalification and selection process prior to the issuance of a Request for
Proposals 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. In the event that a prequalification
process is not used, the Request for Proposals shall be advertised publicly as described
above.
1944. PREQUALIFICATION CRITERIA (OPTIONAL)
If the City Manager or applicable City Department Head 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:
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(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.
1945. FALSE DECLARATION UNLAWFUL.
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.
1946. PROPOSAL SECURITY.
All Proposals for a Design -Build Contract shall be accompanied by a cashier's check or
certified check made payable to the City of Arcadia, 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 10% 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 submission
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.
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1947. REVIEW AND EVALUATION OF PROPOSALS AND AWARD OF CONTRACT.
(a) The City Manager or applicable City Department Head may appoint a
selection committee to review and rank the Proposals of the Design -Build
Entities from most to least advantageous to the City. 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
Manager or applicable City Department Head.
(b) The City Council shall award the final contract after considering the selection
committee's evaluation of Proposals to the Design -Build Entity submitting the
Proposal found to be most advantageous to the City as the Best Value.
1948. 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 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 the 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 the 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
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awarded subcontracts shall be afforded the protection of all
applicable laws."
SECTION 2. The Arcadia Municipal Code is hereby amended by adding
Chapter 13 to Article I to read in its entirety as follows:
"CHAPTER 13
PUBLIC WORKS CONTRACTS,
EXEMPTION FROM LABOR CODE REQUIREMENTS
1950. PURPOSE AND INTENT.
This Chapter is intended to supersede the provisions of the California Labor Code and,
except as otherwise noted herein, the provisions of the Labor Code shall have no
application to public works projects of the City of Arcadia.
1951. DECLARATION OF EXEMPTION.
The City declares that it is exempt from all provisions of the Labor Code of the State of
California for all "public works" as defined in Sections 1720, 1720.2, 1720.3, or 1720.6
of the Labor Code, as they may be amended from time to time, except in the following
instances:
1. Those provisions that are specifically and expressly included in and made
applicable to the City by a contract;
2. Those provisions that the City specifically and expressly agrees are
applicable to the City as a condition of state funding or any required state approval;
3. Those provisions that the City specifically and expressly agrees are
applicable to the City as a condition of federal funding or any required federal approval;
and
4. Those provisions that are made expressly applicable to the City by
resolution adopted by the City Council."
SECTION 3.
SEVERABILITY.
The
provisions of
this Ordinance are
severable. If a court
determines that a
word,
phrase, clause,
sentence, paragraph,
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subsection, section, or other provision is invalid or that the application of any part of the
provision to any person or circumstance is invalid, the remaining provisions and the
application of those provisions to other persons or circumstances are not affected by
that decision.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published at least once in the official newspaper of
said City within fifteen (15) days after its adoption. This Ordinance shall take effect on
the thirty -first (31 st) day after its adoption.
Passed, approved and adopted this
ATTEST:
City lerk
APPROVED AS TO FORM
pr
Stephen P. Deitsch
City Attorney
4th day of December_, 2012.
Mayor of City of Arcadia
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2305 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 4th day of December, 2012 and that said Ordinance was adopted by
the following vote, to wit:
AYES: Council Members Amundson, Kovacic, Segal, Wuo and Harbicht
NOES: None
ABSENT: None
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City k of the Cit f Arcadia