HomeMy WebLinkAbout030019 RES - 12/10/2013Resolution adopting rules to implement Chapter 2269 of the Government
Code regarding contracting and delivery methods for construction
projects; and delegating authority to implement Chapter 2269 to the City
Manager.
WHEREAS, Chapter 2269 of the Government Code (Chapter 2269) provides for certain
contracting and delivery procedures for public works construction projects;
WHEREAS, Section 2269.051 provides that a governmental entity may adopt rules as
necessary to implement Chapter 2269;
WHEREAS, Section 2269.053(a) of the Government Code provides that the governing body of
a governmental entity may delegate its authority under Chapter 2269 regarding an action
authorized or required by Chapter 2269 to a designated representative, committee, or other
person; and
WHEREAS, Section 2269.053(b) requires notice of the delegation, the limits of the delegation,
and the name or title of each person designated under Tex. Gov't Code § 2269.053(a) by rule,
in a request for bids, proposals, or qualifications, or in an addendum to the request;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. In accordance with Section 2269.053(a) of the Government Code, the City Council
hereby delegates its authority regarding an action authorized or required by Chapter 2269 to the
City Manager or designee (City Manager).
SECTION 2. In accordance with Section 2269.053(b) of the Government Code, the City
Manager has full authority regarding any action authorized or required by Chapter 2269, as
amended, and authority to implement Chapter 2269 except that the City Manager must obtain
City Council's approval of a contract procured under Chapter 2269 that would require an
expenditure of city funds exceeding the limit at which competitive bids are required under the
Local Government Code under Article X, Section 2 of the City's Charter.
SECTION 3. In accordance with Section 2269.051 of the Government Code, the City Council
hereby adopts the "Rules Implementing Chapter 2269, Government Code: Contracting and
Delivery Procedures for Construction Projects (Alternative Delivery Project Methods)" (attached
and incorporated as Exhibit "A ") (the "Rules "), which may be amended from time to time by the
City Manager, provided that any amendment to the Rules are made in accordance with Chapter
2269 and applicable law.
SECTION 4. The City Manager is authorized to take all actions and execute all documents
necessary to implement Chapter 2269 in accordance with this Resolution.
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this resolution shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full
force and effect for its purpose.
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INDEXED
SECTION 6. This Resolution takes effect immediately upon its passage.
ATTEST:
HE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Nelda art
Mayor
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Corpus Christi, Texas
The above resolution was passed by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
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RULES FOR IMPLEMENTING CHAPTER 2269, TEXAS GOVERNMENT CODE
CONTRACTING AND DELIVERY PROCEDURES FOR CONSTRUCTION PROJECTS
(ALTERNATIVE PROJECT DELIVERY METHODS)
SECTION 1. DEFINITIONS. In these Rules:
(a) "2269 Contract" means a contract using a method authorized under Chapter 2269 of
the Texas Government Code.
(b) "2269 Method" means a contracting method authorized under Chapter 2269 of the
Texas Government Code to organize the design and construction services for a public works
project and includes the following methods:
(i) Competitive Bidding Method ( "CB ");
(ii) Competitive Sealed Proposal Method ( "CSP ");
(iii) Construction Manager -Agent Method ( "CMA ");
(iv) Construction Manager -at -Risk Method ( "CMAR ");
(v) Design -Build Method ( "DB ");
(vi) Design -Build Method for Certain Civil Works Projects ( "DBCW");
(vii) Job Order Contract Method ( "JOC ").
(c) "Alternative Project Delivery Method" ( "APD ") means an alternative contracting
method authorized under Chapter 2269 of the Texas Government Code, and includes all of the
2269 Methods listed above except the Competitive Bidding Method:
(1) Competitive Sealed Proposal Method ( "CSP ");
(ii) Construction Manager -Agent Method ( "CMA ");
(iii) Construction Manager -at -Risk Method ( "CMAR ");
(iv) Design -Build Method ( "DB ");
(v) Design -Build Method for Certain Civil Works Projects ( "DBCW");
(vi) Job Order Contract Method ( "JOC ").
(d) "Architect" means an individual registered as an architect under Chapter 1051,
Occupations Code.
(e) "Chapter 2269" or "the Chapter" means Chapter 2269 of the Texas Government
Code, "Contracting and Delivery Procedures for Construction Projects" and includes these
Rules.
(f) "City" means the City of Corpus Christi, acting by and through its authorized City
Manager or the City Manager's designee.
(g) "City Manager" means the City Manager or the City's Manager's designee.
Rules for Implementing Chapter 2269 of the Texas Government Code EXHIBIT A
Page 1 of 6
(h) "Department" means the Department of Engineering Services.
(i) "Director" means the City Manager or the City Manager's designee.
(j) "Engineer" means an individual licensed as an engineer under Chapter 1001,
Occupations Code.
(k) "Facility" means, unless otherwise specifically provided, an improvement to real
property.
(I) "General conditions" in the context of a contract for the construction, rehabilitation,
alteration, or repair of a facility means on -site management, administrative personnel,
insurance, bonds, equipment, utilities, and incidental work, including minor field labor and
materials.
(m) "General contractor" means a sole proprietorship, partnership, corporation, or other
legal entity that assumes the risk for constructing, rehabilitating, altering, or repairing all or part
of a facility at the contracted price.
(n) "Local area" means within the Corpus Christi city limits.
(o) "Local business" means a business with a principal place of business in the local
area.
(p) "Nonresident" means a person or firm that is not a resident or whose principal place
of business is not in this state, and whose ultimate parent company or majority owner does not
have a principal place of business in this state.
(q) "Principal place of business" means a business headquarters or an established
place of business within the city limits (local area) from which one (1) or more of the entity's
workforce are regularly based, and/or from which a business conducts a substantial part of its
operations or performs a substantial role in a commercially useful function. A local place of
business used solely as a post office box, mail drop or telephone message center or any
combination thereof, with no other substantial work function, may not be construed as a
principal place of business.
(r) "Public work contract" means a contract for constructing, altering, or repairing a
public building or carrying out or completing any public work.
(s) "Resident" refers to a person or firm whose principal place of business is in this state,
including a contractor or firm whose ultimate parent company or majority owner has its principal
place of business in this state.
SECTION 2. EXEMPTION: TEXAS DEPARTMENT OF TRANSPORTATION; HIGHWAY
PROJECTS. These Rules and Chapter 2269 do not apply to:
Rules for Implementing Chapter 2269 of the Texas Govemment Code EXHIBIT A
Page 2 of 6
(1) a contract entered into by the Texas Department of Transportation; or
(2) a project that receives money from a state or federal highway fund.
SECTION 3. EXEMPTION: CERTAIN LOCAL GOVERNMENT CORPORATION
IMPROVEMENT PROJECTS. These Rules and Chapter 2269 do not apply to an improvement
project undertaken by or through a local government corporation exempt from competitive
bidding requirements or restrictions under Section 431.110, Transportation Code,
SECTION 4. CONFLICT OF LAWS.
(a) Except as the Chapter provides, Chapter 2269 and these Rules prevail over any
other law relating to a public work contract.
(b) Neither Chapter 2269 nor these Rules prevail over a conflicting provision in a law
relating to contracting with a historically underutilized business.
SECTION 5. REQUIREMENT TO FOLLOW PROCEDURES OF CHAPTER 2269. The City
Manager or designee shall follow Chapter 2269 and these Rules for the contracting and delivery
of any project using a method authorized under Chapter 2269.
SECTION 6. USING METHOD OTHER THAN COMPETITIVE BIDDING FOR
CONSTRUCTION SERVICES; EVALUATION OF PROPOSALS; CRITERIA
(a) In considering a construction contract using a method authorized by Chapter 2269
other than competitive bidding, the City Manager shall, before advertising, determine which
method provides the best value for the City and document the reasons for the determination.
(b) The City shall base its selection among offerors on applicable criteria listed for the
particular method used. The City shall publish in the request for proposals or qualifications the
criteria that will be used to evaluate the offerors, and the applicable weighted value for each
criterion.
(c) The City shall document the basis of its selection and shall make the evaluations
public not later than the seventh day after the date the contract is awarded.
(d) The City Manager shall implement Chapter 2269 in accordance with Chapter 2269
and other applicable law.
SECTION 7. CRITERIA TO CONSIDER.
(a) In determining the award of a 2269 Contract, the City may consider:
Rules for Implementing Chapter 2269 of the Texas Government Code EXHIBIT A
Page 3 of 6
(1) the price;
(2) the offeror's experience and reputation;
(3) the quality of the offeror's goods or services;
(4) the impact on the ability of the City to comply with rules relating to historically
underutilized businesses;
(5) the offeror's safety record;
(6) the offeror's proposed personnel;
(7) whether the offeror's financial capability is appropriate to the size and scope
of the project; and
(8) any other relevant factor specifically listed in the request for bids, proposals,
or qualifications.
(b) In determining the award of a 2269 Contract, the City shall:
(1) consider and apply any existing laws, including any criteria, related to
historically underutilized businesses; and
(2) consider and apply the applicable provisions of the City Charter, Council
Policies, the City of Corpus Christi Code of Ordinances, and any existing laws or
rules, including laws applicable to local governments, related to the use of
women, minority, small, or disadvantaged businesses.
SECTION 8. NOTICE REQUIREMENTS.
(a) The City shall advertise or publish notice of requests for bids, proposals, or
qualifications in a manner prescribed by law.
(b) For a contract entered into by the City under a 2269 Method, the City shall publish
notice of the time and place the bid or proposal or request for qualifications will be received and
opened in a manner prescribed by law.
(c) For a contract entered into under any 2269 Method, the City shall publish notice of
the time and place the bids or proposals, or the responses to a request for qualifications, will be
received and opened.
(d) The notice must be published in a newspaper of general circulation once each week
for at least two weeks before the deadline for receiving bids, proposals, or responses.
(e) In a two -step procurement process, the time and place the second step bids,
proposals, or responses will be received are not required to be published separately.
Rules for Implementing Chapter 2269 of the Texas Government Code EXHIBIT A
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SECTION 9. SEALED BIDS, PROPOSALS, OR QUALIFICATIONS REQUIRED.
A person who submits a bid, proposal, or qualification to the City shall seal it before
delivery, except that an electronic bid, proposal, or qualification is not required to be sealed if
received by the City in accordance with the City's adopted procedures for electronic bids and
proposals.
SECTION 10. RIGHT TO WORK.
When the City procures goods or services, awards a contract or oversees procurement
or construction for a public work or public improvement under Chapter 2269, in engaging in an
activity to which this section applies, the City
(1) may not consider whether a person is a member of or has another
relationship with any organization; and
(2) shall ensure that its bid specifications and any subsequent contract or other
agreement do not deny or diminish the right of a person to work because of the person's
membership or other relationship status with respect to an organization.
SECTION 11. MINORITY /MINORITY BUSINESS ENTERPRISES PARTICIPATION.
Maximum opportunity will be afforded minorities, women and minority business
enterprises to participate in the performance of contracts awarded by the City under Chapter
2269, subject to any State and Federal laws.
SECTION 12. AWARD OF CONTRACT TO NONRESIDENT.
When awarding a 2269 Contract in which price is a factor for consideration, the City may
not award a public works contract to a nonresident unless the nonresident underbids the lowest
bid or price submitted by a responsible resident by an amount that is not less than the amount
by which a resident would be required to underbid the nonresident to obtain a comparable
contract in the state in which the nonresident's principal place of business is located. This
Section does not apply to a contract involving federal funds.
SECTION 13. ARCHITECT OR ENGINEER SERVICES.
(a) An architect or engineer required to be selected or designated under these Rules
and Chapter 2269 has full responsibility for complying with Chapter 1051 or 1001, Occupations
Code, as applicable.
Rules for Implementing Chapter 2269 of the Texas Government Code EXHIBIT A
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(b) If the selected or designated architect or engineer is not a full -time employee of the
City, the City shall select the architect or engineer on the basis of demonstrated competence
and qualifications as provided by Tex. Gov't Code Sec. 2254.004.
SECTION 14. USE OF OTHER PROFESSIONAL SERVICES.
(a) Independently of the contractor, construction manager -at -risk, or design -build firm,
the City shall provide or contract for the construction materials engineering, testing, and
inspection services and the verification testing services necessary for acceptance of the work or
facility by the City.
(b) The City shall select the services for which it contracts under this section in
accordance with Tex. Gov't Code Sec. 2254.004.
Rules for Implementing Chapter 2269 of the Texas Government Code EXHIBIT A
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