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HomeMy WebLinkAboutV (A) Public Hearing - Ordinance No 95-08, Design Build Youth Multi-Purpose Recreation Center „,, AGENDA 3-21-95 EN ER OF GOOD LIVING -PRIDE OF WEST ORANGE” Item V A Ocoee S.SCOTT VANDERGRIFI IC COMMISSIONERS _� y CITY OF OCOEE...4111n :3 RUSTY JOHNSON - D. PAUL W.FOSTER v O 150 N. LAKESHORE DRIVE SCOTT A.GLASS `:#4. 0./>RC1 OCOEE,FLORIDA 34761-2258 JIM GLEASON j ��� (407)656-2322 CITY MANAGER OF G 00 MEMORANDUM ELLIS SHAPIRO DATE: March 3, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Administrative Services Director Jim Beech, Recreation Director SUBJECT: Ordinance 95-8, Design-Build Youth Multi-Purpose Recreation Center The two methods commonly chosen by local governments to approach construction projects are (1) the standard method which splits design from construction (separate architect and bid to separate contractor) and (2) design-build. Each has its advantages and disadvantages. For the Youth Recreation Center project, the suggested affordable structure is a metal pre-fabricated building (this, after extremely high bids were received for a conventional building) which is more economical for a gymnasium and for the site. Pre-fabricated structures lend themselves to the design-build concept since the erectors must have their own engineers and the City, thereby, must have its review of their proposed design. According to Section 287.055(10) Florida Statutes, the Design-Build Procedures must include - at a minimum: (1) An Ordinance to define the Design Build Procedures and attached herein as Ocoee's Ordinance 95-08; (2) The hiring of a Design Criteria Professional to produce a site plan and performance- oriented drawings/specifications with: Legal Description Survey Information Interior Space Requirements Material Quality Standards Schematic Layouts Conceptual Design Criteria Budget Estimates Design and Construction Schedules Site Development Requirements Provisions for Utilities Storm Water Retention and Disposal Parking Requirements 6u and shown in the second attachment as a Request For Proposal for Design Criteria Professional; (3) The selection of a Design-Build firm as outlined in Ordinance 95-08 (1) with a process identical to the City's typical selection process and (b) with plans sealed by the Design Criteria Professional chosen through the prescribed Consultant's Competitive Negotiation Act and discussed as (2) above. Staff requests that (1) the first step be completed through the adoption of Ordinance 95-08, (2) with authorization for the Mayor and City Clerk to execute and (3) the second step be discussed before the Request For Proposal advertisement. MEB/jbw Attachments WP60\DOGSpD9308.a mno3mmtmaa ORDINANCE NO. 95-08 AN ORDINANCE ADOPTING A NEW CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO THE DESIGN- BUILD ESIGNBUILD CONTRACTS; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS AND DETERMINATIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR PREPARATION OF A DESIGN CRITERIA PACKAGE; PROVIDING FOR SELECTION PROCEDURES; PROVIDING FOR DELEGATION OF AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 287.055(10) (c), Florida Statutes (1993), known as the Consultants' Competitive Negotiation Act ("CCNA"), provides that each municipality shall adopt rules or ordinances for the award of design-build contracts prior to entering into a design-build contract; and WHEREAS, the City Commission of the City of Ocoee desires to enter into design-build contracts and to adopt the ordinances necessary to comply with the CCNA. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166 and Section 287.055(10), Florida Statutes. SECTION TWO. FINDINGS AND DETERMINATION. The City Commission of the City of Ocoee hereby makes the following findings and determinations: A. In view of the rapidly increasing demand for public construction projects in the City of Ocoee, methods for economizing time and costs in the construction of public construction projects need to be developed. 1 B. It is both time and cost effective in certain instances to award a single contract to a design-build firm for the design and construction of a public construction project. SECTION THREE. A new Chapter 4 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: CHAPTER 4 DESIGN-BUILD CONTRACTS Section 4-1. Short Title. This Chapter shall be known and may be cited as the "Design-Build Contract Chapter". Section 4-2. Definitions. For the purposes of this Chapter, the following terms shall be defined as follows: A. DESIGN-BUILD FIRM means a partnership, corporation, or other legal entity which: 1. Is certified under s. 489.119, Florida Statutes, to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or 2. Is certified under s. 471.023, Florida Statutes, to practice or to offer to practice engineering; certified under s. 481.219, Florida Statutes, to practice or to offer to practice architecture; or certified under s. 486.319, Florida Statutes, to practice or to offer to practice landscape architecture. B. DESIGN-BUILD CONTRACT means a single contract with a design-build firm for the design and construction of a public construction project. C. DESIGN CRITERIA PACKAGE means concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design 2 criteria package is to furnish sufficient information so as to permit design-build firms to prepare a bid or a response to the City's request for proposal, or to permit the City to enter into a negotiated design-build contract. The design criteria package shall specify such performance-based criteria for the public construction project, including, but not limited to, the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements, as may be applicable to the project. D. DESIGN CRITERIA PROFESSIONAL means a firm who holds a current certificate of registration under Chapter 481, Florida Statutes, to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under Chapter 471, Florida Statutes, to practice engineering and who is employed by or under contract to the City for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. Section 4-3. Design Criteria. A. Design Criteria Package 1. All design-build projects shall require a design criteria package for the design and construction of the public construction project in order to define the project parameters which are to be used to evaluate and govern the proposal. This design criteria package shall consist of concise performance 3 oriented drawings or specifications, or both, of the project. The criteria shall include the requirements set forth in Section 4-2(C) hereof. 2. The design criteria package shall be prepared and sealed by a design criteria professional employed by or retained by the City. B. Design Criteria Professional 1. Acceptable entities who may act as the design criteria professional include, but are not limited to: a. Licensed professional engineers, architects and landscape architects employed by the City. b. A licensed engineering, architectural, or landscape architectural firm providing management services to the City so long as such firm was selected by the City pursuant to Section 287.055, Florida Statutes. c. Engineering, architectural, and landscape architectural firms selected by the City pursuant to Section 287.055, Florida Statutes, to be the design criteria professional. 2. A design criteria professional who has been selected to prepare the design criteria package shall not be eligible to render services under a design-build contract executed pursuant to the design criteria package. 3. The City Manager shall consult with the design criteria professional concerning its duties which include, but are not limited to: a. preparation and sealing of the design criteria package; 4 b. evaluation of the responses or bids submitted by the design-build firms; c. supervision or approval by the City of the detailed working drawings of the project; and d. evaluation of the compliance of the project construction with the design criteria package prepared by the design criteria professional. Section 4-4. Selection Procedures. A. Public Announcement: The City shall publicly advertise in a uniform and consistent manner on each occasion when design-build services are required except in cases of valid public emergencies as declared by the City Commission. The advertisement shall include a general description of the project and shall indicate how, and the time within which, interested design-build firms may apply for consideration. B. Legal Qualification: Any firm or individual desiring to provide design-build services to the City must first be determined legally qualified. To be legally qualified: 1. Firms must be properly certified to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; 2. Firms must be properly certified to practice or to offer to practice engineering, architecture, or landscape architecture; and 3. The firm shall be duly qualified to perform its proposed service under any other applicable law. 5 C. Selection Committee A Selection Committee appointed by the City Manager shall be used to evaluate and rank the design-build firms and their responses for recommendation to the City Commission. D. Solicitation The City Manager or his designee shall develop a Request for Proposals (RFP) to solicit proposals from interested, qualified design-build firms. The RFP shall contain as a minimum the following: 1. The design criteria package as defined in Section 4-3A hereof. 2. The criteria, procedures, and standards for the evaluation of design-build contract proposals, based on price, technical and design aspects of the public construction project, weighted for the project. 3. Requirements for determining qualifications of firms proposing, such as license, list of subcontractors, architect and engineer, and references. 4. Terms and conditions of proposed agreement. 5. Other items as required by procedures, laws, ordinances, or prevailing circumstances. E. Selection 1. All information required by the RFP shall be submitted in a sealed envelope. All proposed designs and price proposals shall be submitted in a separate sealed envelope submitted with the RFP which will be opened and considered by the Selection Committee for shortlisted firms only. 6 2. The Selection Committee shall review all proposals (except the proposed designs and price proposals) and shall shortlist to no less than three (3) design-build firms as the most qualified, based on the qualifications, availability, and past work of the firms, including the partners or members thereof. In evaluating the proposals and preparing the shortlist, the Committee shall consult with the design criteria professional concerning the evaluation of the responses submitted by the design-build firms. Once the committee has shortlisted, the Committee shall open the separate envelopes containing the proposed design solutions and the price submitted by the shortlisted firms. The Committee shall then rank the shortlisted firms based upon the evaluation criteria and procedures set forth within the Request for Proposal. The Committee may, if necessary, require verbal presentations from all firms in order that the qualifications and/or proposals may be clarified. 3. After the Committee has ranked the shortlisted firms based upon the award criteria set forth within the Request for Proposal, the ranking shall be presented to the City Commission which may approve, disapprove or modify the recommended rankings. Following the ranking by the City Commission, the Committee shall attempt to negotiate a contract within the parameters of the design criteria package and in accordance with City Commission ranking. F. Contract 1. The Committee shall negotiate a design-build contract at a price which the Committee determines is fair, competitive and reasonable. Should the 7 Committee be unable to negotiate a satisfactory contract with the first ranked firm, then the Committee shall formally terminate negotiations with such firm. The Committee shall then undertake negotiations with the second ranked firm and shall continue this process until a satisfactory contract is negotiated. 2. The contract negotiated by the Committee shall be subject to the approval of the City Commission. G. Public Emergencies 1. If a public emergency is declared by the City Commission, a negotiating committee may be formed by the City Manager, subject to the approved approval of the City Commission, and authorized to negotiate with the best qualified design-build firm available at that time for the design and construction of a capital project. To the extent practical, the negotiating committee shall solicit letters of interest in order to determine the best qualified design-build firm available at the time. The contract negotiated by such committee shall be subject to the approval of the City Commission. SECTION FOUR. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FIVE. CODIFICATION. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word 8 or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION SIX. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1995. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADV 'HSS March 9 , 1995 READ FIRST TIME March 7 , 1995 READ SECOND TIME AND ADOPTED , 1995, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this _ day of , 1995. FOLEY & LARDNER By: City Attorney 9 1 I REQUEST FOR PROPOSAL FOR DESIGN CRITERIA PROFESSIONAL FOR CITY OF OCOEE . Responses to a REQUEST FOR PROPOSAL (RFP) will be received by the City of Ocoee for Design Criteria Professional for the development of design criteria packages pursuant to Ocoee's Ordinance No. . Copies of the RFP will be furnished upon request by contacting Montye E. Beamer at (407) 656-2322. All proposals must be received by 10:00 AM on at the Ocoee City Hall, 150 North Lakeshore Drive, Ocoee, Florida 34761-2258. The City of Ocoee reserves the right to reject any or all responses to the RFP. FURTHER INFORMATION MAY BE OBTAINED BY CALLING (407) 656-2322, ext. 125. CITY OF OCOEE. FLORIDA Request for Proposal ("RFP") for Design Criteria Professional Services A. SUBMITTAL 1. The City of Ocoee, Florida (the "City") shall receive proposals until at 10:00 A.M. EDT, from qualified firms or individuals for the purpose of purchasing design criteria professional services. 2. All proposals must be received by the City at the location stated in paragraph 4 of this RFP not later than 10:00 A.M. on . Any proposal received after the above stated time and date shall not be considered. It shall be the sole responsibility of the Proposer to have its proposal delivered to the Ocoee City Hall by U.S. mail, hand delivery, or any other method available to them. Delay in delivery shall not be the responsibility of the City. Proposals received after the deadline shall not be considered and may be returned only at the Proposer's request and expense. 3. Each Proposer shall examine all request for proposal documents and shall determine all matters relating to the interpretation of such documents. Potential Proposers should not contact City staff or other City consultants for information during this phase of the selection process. 4. Seven (7) signed copies of a proposal must be submitted to the Ocoee City Hall in one package, clearly marked on the outside "Proposal for Design Criteria Professional" and sent or delivered to: City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761-2258 5. Proposals shall clearly indicate the legal name, Federal taxpayer identification number, address, and telephone number of the Proposer (firm, corporation, partnership, individual). The person signing the RFP on behalf of the proposer shall have the authority to bind the Proposer to the submitted proposal. 6. All expenses for making proposals to the City shall be borne by the Proposer. 7. Action on proposals normally will be taken within 45 days of opening, however, no guarantee or representation is made herein as to the time between proposal opening and subsequent Commission action. 8. The City reserves the right to accept or reject any or all proposals, to waive irregularities and technicalities, and to request resubmission or to readvertise for all or any part of the RFP. The City shall be the sole judge of the proposal and the resulting negotiated agreement that is in the City's best interest and the City's decision shall be final. 9. All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee will apply to any resulting agreement. The provisions of the Consultants' Competitive Negotiations Act (Section 287.055, Florida State Statutes) shall apply, where , applicable. 10. All successful proposer(s) shall be required to execute an agreement, in form and content acceptable to the City, indemnifying and holding harmless the City, its officials, officers, employees, and agents from all claims. 11. The successful proposer shall be required to provide evidence of both General (Public &Property) Liability and Professional (Design Errors and Omissions) Liability Insurance in the form of a certificate of insurance issued on behalf of the City of Ocoee by companies acceptable to the City of Ocoee at the following minimum limits and coverages with deductible amounts acceptable to the City: Comprehensive General Liability Insurance: $500,000.00 (The City of Ocoee is to be named as an additional insured on this policy of insurance) Professional Liability Insurance: $1,000,000.00 (Design Errors and Omission) The Contract shall also require that the consultant provide Worker's Compensation Insurance for all employees engaged in this project. B. PROPOSAL SCOPE Ordinance No. 95- has been attached to provide initial outline of tasks. The design criteria professional who will be selected to prepare the design criteria package shall not be eligible to render services under a design build contract executed pursuant to the design criteria package. One currently planned project is a Gymnasium with office and additional meeting space to be located on a site currently owned by the City. All demolition has been completed. Professional services which will be provided by the design criteria professional firm(s) selection shall be to prepare a design criteria package which shall include, but not be limited to, performance-oriented drawings/specifications with Legal Description Survey Information Interior Space Requirements Material Quality Standards Schematic Layouts Conceptual Design Criteria Budget Estimates Design and Construction Schedules Site Development Requirements Provisions for Utilities .. Storm Water Retention and Disposal Parking Requirements C. PROPOSAL-SUBMITTALS The proposer shall specify the total number of public hearings and meetings with the City Commission and City staff personnel which are anticipated to be necessary under the proposal. Proposers shall list the names, addresses, and qualifications of any and all subconsultants. Proposers shall include completed Standard Forms 254 and 255 with their proposal. Any Person submitting a response to this request for proposal must execute the enclosed form PUR.7068, SWORN STATEMENT UNDER SECTION 287.133 (3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided and enclose it with his/her Proposal. If you are submitting a proposal on behalf of dealers or suppliers who will ship commodities or receive payment from the resulting contract, it is your responsibility to see that the copy(s) of the form are executed by them and are included with your proposal. Corrections to the form will not be allowed after the proposal opening time and ate. Failure to complete this form in every detail and submit it with your proposal will result in immediate disqualification of your proposal. Proposals shall be designed to portray to the City how the Proposer's range of services can best achieve the design criteria package. The Proposer should specifically address experience with design build projects. In order for the City to evaluate the proposals, each Proposer shall provide information relative to their ability to provide services that will best meet the needs of the City. At a minimum, this information shall include: 1. Experience of the Proposer in doing similar projects for governmental clients; 2. Names and qualifications of professional personnel assigned to work with or consult with the City on this project; 3. State of local availability and degree of accessibility to the City relative to this project; 4. Client references with particular emphasis on municipal/governmental clients and projects; 5. Names, addresses and previous affiliations if you propose using specialty consultant services. 6. The number of the Proposer's State Certificate of Registration of Certificate of Authority for the practice of architecture and/or engineering and/or landscape architecture. 7. Concrete information indicating the proposer's willingness to meet time and budget requirements for completion of services. 8. Recent current and projected work under contract; 9. All major projects completed within the last five years including the original budget, construction contract amount, number of change orders, and client contact. 10. Financial Statement. D. CONTRACT FOR SERVICES The final fee for professional services and the scope of services will be negotiated with the firm(s) selected, based upon its proposal and City requirements. The design criteria professional firm(s) selected will be required to enter into a formal agreement with the City. E. SELECTION CRITERIA The City desires to award the contract to the Proposer that demonstrates the ability to provide the highest quality of service at the best cost. To accomplish this goal, the City criteria for selection shall include, but not be limited to: 1. Ability to provide the type and quality of services that will best meet the needs of the City and meet the qualifications as established in Ocoee's Ordinance #95- and through Florida Statutes; 2. Quality and extent of experience with municipal governmental projects; 3. Willingness and ability to complete the project within the time and budget constraints, considering the Proposer's current and projected workload; 4. Degree of imagination, creativity, and innovation reflected in the proposal; 5. Fiscal stability of firm; 6. Minority Business Enterprise participation on proposed project team. F. 'SELECTION AND RANKING The City Commission has appointed a Committee to review all proposals submitted. Based , upon an evaluation of the proposals submitted, the City Review Committee will, if possible, select a minimum of three (3)proposers. These proposers will be required to prepare a technical proposal and make a formal presentation to the City Commission relative to their qualifications, approach to the project, and ability to provide services to best serve the needs of the City. After evaluations, discussions, and formal presentations are completed, the City Commission will rank Proposers which it deems to be the top three, in order of qualification as determined by the City Commission whose decision shall be final. G. NEGOTIATIONS AND CONTRACT AWARD After the ranking is completed, the City will attempt to negotiate an agreement with the top-ranked Proposer which will be in the best interests of the City. The agreement will cover all aspects of design and project administration as described herein. If no agreement is reached with the top-ranked Proposer, negotiations will be terminated and initiated with the second-ranked Proposer, and so on, until an agreement is reached. All successful proposers shall be required to execute an agreement providing that all plans, drawings, reports, and specifications that result from Proposer's services shall become the property of the City. The City reserves the right, before awarding the contract, to require a Proposer to submit such evidence of its qualifications as it may deem necessary. The City shall be the sole judge of the competency of Proposers. Upon the successful negotiation of an agreement, a formal contract will be prepared and submitted to the City Commission for approval, and executed by both parties.