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HomeMy WebLinkAboutMinutes - 2020.01.22 - 37329 January 22, 2020 Chairperson Miller called the meeting of the Economic Growth and Infrastructure Committee to order at 5:36 p.m. in Committee Room A of the Commissioners’ Auditorium Wing, County Service Center in Pontiac, Michigan. MEMBERS PRESENT: William Miller, Janet Jackson, Michael Spisz, Gwen Markham, Philip Weipert, David Woodward, Ex- Officio member MEMBERS ABSENT WITH NOTICE: Angela Powell PLEDGE OF ALLEGIANCE Chairperson Miller led the Committee in the recitation of the Pledge of Allegiance. APPROVAL OF AGENDA Jackson moved approval of the agenda, as presented. Seconded by Powell. Motion carried. PUBLIC COMMENT Michael Andrews introduced Sarah Hunton, Board of Commissioners Sr. Community Liaison. COMMUNICATIONS None. REGULAR AGENDA 1. MR #19416 – BOARD OF COMMISSIONERS – ADOPTION OF RESPONSIBLE CONTRACTOR AND BEST VALUE BID EVALUATION STANDARDS FOR CONSTRUCTION PROJECTS POLICY (POSTPONED FROM 1-14-20) Spisz moved to report to recommend approval of the attached suggested resolution. Seconded by Jackson. Jackson moved to report to amend the resolution and policy, as follows: 1. Amend the NOW THEREFORE BE IT RESOLVED paragraph, as follows: OAKLAND COUNTY BOARD OF COMMISSIONERS 1200 NORTH TELEGRAPH ROAD, PONTIAC, MICHIGAN 48341-0470 Telephone: (248) 858-0100 FAX: (248) 858-1572 ECONOMIC GROWTH AND INFRASTRUCTURE COMMITTEE William Miller, Chairperson Gwen Markham Angela Powell Philip Weipert JANET JACKSON Vice Chairperson MICHAEL SPISZ Minority Vice Chairperson Economic Growth and Infrastructure Committee Page 2 January 22, 2020 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves Attachment A, the “Responsible Contractor Bidder and Best Value Bid Evaluation Standards for Construction Projects Policy” for the County of Oakland and authorizes the Compliance Officer Purchasing to incorporate the policy into the Oakland County Purchasing Policies and Procedures, under the direction of the Compliance Office and the County Executive. or his designated Deputies. 2. Amend the BE IT FURTHER RESOLVED paragraph, as follows: BE IT FURTHER RESOLVED that the “Responsible Contractor Bidder and Best Value Bid Evaluation Standards for Construction Projects Policy” shall be effective 90 days following its adoption by the Board of Commissioners and approval by the County Executive. 3. Amend Attachment A, Responsible Contractor and Best Value Bid Evaluation Standards to Construction Projects Policy, as follows: “Attachment A” Responsible Bidder Contractor and Best Value Bid Evaluation Standards for Construction Projects Policy SECTION I. PURPOSE/APPLICABILITY GENERAL PROVISIONS The purpose of this Policy is to provide a framework for the evaluation and selection of bidders for Construction Projects and for administration of Construction Project contracts. This Policy requires that “Best Value” must be used when awarding Construction Project contracts and that such contracts be awarded to Responsive Bidders and Responsible Bidders. The purpose of this policy is to assist Oakland County in awarding construction contracts to responsive bidders that are responsible employers and to the bidder that provides the best overall value based on based qualitative bid criteria such as price, quality, experience, schedule, and safety measures. This policy also provides guidance for the administration and management of cConstruction Project contracts to ensure accountability in the enforcement of contract terms and to measure the performance of contractors for future experience ratings. This policy supplements existing Oakland County Purchasing Policies and Procedures and is not intended to replace such Policies and Procedures. The Purchasing Manager is authorized to incorporate the guidelines adopted herein, under the direction of the County Executive and his assigned Deputies. The Compliance Officer or Manager of Purchasing shall incorporate this Policy into the Oakland County Purchasing Policies and Procedures under the direction of the Compliance Office Department of Management and Budget and the County Executive. This Policy applies to Construction Projects. This Policy does not apply to Construction Projects funded, in-full or in-part, by federal or state grants where the grant requirements would conflict with this Policy and does not apply to Construction Projects which began prior to the effective date of this Policy. The Purchasing Administrator or Manager of Purchasing shall make the determination if the grant requirements conflict with this Policy and shall notify the Board of Commissioners of any exclusions from this Policy through a communications item to the appropriate liaison committee(s). SECTION II. DEFINITIONS Definitions Construction Project – means a project, which has an estimated value of more than two hundred fifty thousand dollars ($250,000.00), for the construction, alteration, or repair of Economic Growth and Infrastructure Committee Page 3 January 22, 2020 any public building or any public work of the County of Oakland. Any contract of more than $250,000 awarded for the construction, alteration, or repair of any public building or public work of the County of Oakland. The labor and material necessary for the construction, renovation, repair or improvements to real property, except repair in emergency situations, which require s solicited bids so that the work, when complete, shall be ready for service for its intended purpose and shall require no other work to be a completed system or component. Responsive Bidder – means Aa bidder that satisfies all for a construction project that has satisfied the required minimum specifications or permissible alternatives in all respects to contained in the invitation to bid. Responsible Bidder – means Aa bidder that satisfies all for a construction project that has satisfied the Rresponsibility Qqualifications. contained in the invitation to bid designated in the bid and as provided in these guidelines. Best Value – means a An RFP procurement method that emphasizes value over price and uses. Best value is a method that responsibility qualifications in the evaluation and selection of bids. is utilized in the evaluation process of the proposals received and reviewed. Best value for construction will be determined based on a 100% distribution looking at construction that includes but is These responsibility qualifications and their value/weight will be set forth in the invitation to bid and may include, but are not limited to, the following:; quality, references, experience, proposed schedule, safety, time and cost. Value of the each of the components being reviewed will be identified at the time the bid is solicited. SECTION III. RESPONSIBILITY QUALIFICATIONS For each Construction Project, tThe Purchasing Administrator and/or requesting Department Oakland County shall establish a standards measurement of responsibility qualifications, which shall be set forth in the invitation to bid. Depending on the scope and size of the Construction Project, the responsibility qualifications may include, but not be limited to, any of the following (the listing of which is not intended to be exhaustive): for each construction project bid. Depending on the extent of the County’s prior experience with a contractor and sub-contractors, that information may include: - The bidder’s Eexperience on projects of similar size and complexity within the past five (5) years.; - References; from owners - Bidder’s Ccredit worthiness/financial condition/ and bonding capacity.; - Proof of Insurance and/or Certificate of Insurance.; - Certification from the bidder that construction workers will not be misclassified.; - Disclosure of any debarment by any federal, state or local governmental unit.; and - Disclosure of any violations of any federal, state, or local laws, including OSHA/MIOSHA violations. - If required by bid standards, ensure there is a criminal record check for each employee the bidder proposes to use on a construction site or alternative security clearances approved by the County. SECTION IIIV. BEST VALUE BID EVALUATION AND TABULATION CRITERIA When evaluating a bid submission for a construction project, the following information and criteria shall be used, as applicable, (the listing of which is not intended to be exhaustive): utilized to determine the best value: - General information about the bidder’s company, its principals, and its history, including state and Economic Growth and Infrastructure Committee Page 4 January 22, 2020 date of incorporation.; - Experience, including a list of similar projects within the past five (5) years.; - References from past clients within the past five (5) years, including information regarding the records of performance and job site cooperation.; - Qualifications of management and supervisory personnel to be assigned by the contractor bidder to the project.; - Trade categories and information regarding the state and local licenses and license numbers held by the applicant bidder.; - The ratio of masters or journeypersons to apprentices proposed to be used on the cConstruction pProject job site.; - Documentation that the bidder maintains and/or participates in Registered Apprenticeship Training Programs as approved by the United States Department of Labor.; - Documentation of a worker’s compensation Experience Modification Rating, for each of the past three (3) years.; - Evidence of experience with construction techniques, trade standards, quality workmanship, project scheduling, cost control, and management of projects of comparable size/complexity.; - Conformance to bid specifications.; - Construction Project Schedule; and. - Price. The above evaluation criteria shall be based on a distribution of percentage on a 100-point scale. The requesting Department and Purchasing Administrator or Manager of Purchasing shall weight each of the evaluation criteria based on a 100- percentage point scale. Price shall not be weighted more than 30 percent points unless otherwise deemed appropriate within the discretion of the. Circumstances that call for a price weighting of more than 30 percentage points may be made by the requesting department and as approved by the Purchasing Administrator or Manager of Purchasing. SECTION IV. CONTRACT TERMS AND CONDITIONS The following terms and conditions shall be incorporated into Construction Project contracts:the terms and conditions of the agreement for all construction contracts that are applicable to this policy: - Compliance with applicable health, safety and environmental laws and regulations during performance of the contract and Pprompt disclosure of any complaint or allegation of a violation of any such regulation, and an accident report, relating to work performed under the contract; Compliance with applicable health, safety and environmental laws and regulations during performance of the contract.; - Disclosure of training for aAll workers assigned to perform work under the project contract, shall complete training required under local, state, federal laws and/or regulations, by any governmental or licensing authority, including any required OSHA/MIOSHA training., and upon request by the County, delivery of written evidence such training is complete; - Workers on Construction Projects shall be drug and alcohol free on the job site; Contractors and subcontractors to implement and take steps to enforce a requirement that workers on the project be drug and alcohol free on the job site. - Compliance with the licensing requirements applicable to those persons assigned to perform work under the contract.; - Promotion of work force and contractor diversity to the fullest degree permitted by law, including prohibition of illegal discrimination and violation of Oakland County’s Non-Discrimination Policy.; and - Bidder must require all contractors and subcontractors to comply with this Policy. Contractors and subcontractors to carry appropriate liability insurance in amounts established by Economic Growth and Infrastructure Committee Page 5 January 22, 2020 Oakland County; to comply with Michigan law on worker’s compensation; to provide bid, payment, and performance bonds for the completion of the contracted work; and to maintain these coverages through the period specified in the contract. SECTION VI. CONTRACT MANAGEMENT County employees that are assigned as a contract administrators on County cConstruction pProject contracts will must adopt processes to ensure construction contractors performance in accordance with the terms, conditions, and specifications of their contract.that the project is delivered on time and on budget and that the contractor maintain all appropriate certifications and licensure consistent with the bid submission. SECTION VII. CONTRACT CLOSEOUT Upon the completion of the Construction Pproject, Oakland County shall provide a contract closeout and establish a final performance rating that may be utilized to establish experience relevant to the contractor’s responsible bidder responsibility qualifications for consideration in the future bids. Seconded by Markham. Spisz moved to amend the amendment, in Attachment A, Responsible Contractor and Best Value Bid Evaluation Standards to Construction Projects Policy, Section IV, Best Value Bid Evaluation and Tabulation Criteria, second sentence, as follows: Price shall not be weighted more than 30 51 percent points unless otherwise deemed appropriate within the discretion of the. Circumstances that call for a price weighting of more than 30 percentage points may be made by the requesting department and as approved by the Purchasing Administrator or Manager of Purchasing. Seconded by Weipert. ROLL CALL VOTE: AYES: Spisz, Weipert (2) NAYS: Jackson, Markham, Woodward, Miller (4) Motion failed for lack of a majority vote. Spisz moved to amend the amendment, in Attachment A, Responsible Contractor and Best Value Bid Evaluation Standards to Construction Projects Policy, Section IV, Best Value Bid Evaluation and Tabulation Criteria, second sentence, as follows: Price shall not be weighted more than 30 40 percent points unless otherwise deemed appropriate within the discretion of the. Circumstances that call for a price weighting of more than 30 percentage points may be made by the requesting department and as approved by the Purchasing Administrator or Manager of Purchasing. ROLL CALL VOTE: AYES: Spisz, Markham, Weipert (3) NAYS: Jackson, Woodward, Miller (3) Motion failed for lack of a majority vote. Motion on main amendment carried on a roll call vote with Weipert voting no and Powell absent. Main motion, as amended, carried on a roll call vote with Spisz voting no and Powell absent. Economic Growth and Infrastructure Committee Page 6 January 22, 2020 OTHER BUSINESS/ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:01 p.m. ______________________________________ _____________________________________ Pamela L. Worthington, Committee Coordinator Chris Ward, Chief of Staff NOTE: The foregoing minutes are subject to Committee approval.