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HomeMy WebLinkAboutOrdinance 95-08 ORDINANCE NO. 95-08 AN ORDINANCE ADOPTING A NEW CHAPTER 4 OF TIlE CODE OF ORDINANCES OF TIlE CITY OF OCOEE RELATING TO TIlE DESIGN- BUILD 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 AUTIlORITY; 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, TIlEREFORE, BE IT ENACTED BY TIlE CITY COMMISSION OF TIlE 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. I 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. LegalOualification: 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 ADOPfED this O),~ day of /v..A~ c:,.., ,1995. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA .- /--'-. / -- -.-._.../ j-. ..' _\)_ . :-j> = 71-// C', L.~~ '''' ;1/-j;;/ s. Scott Vandergrift, Mayor ~ ..... (SEAL) ADVERTISED March 9 , 1995 READ FIRST TIME March 7 , 1995 READ SECOND TIME AND ADOPfED M.,4.R..c.N J I , 1995, UNDER AGENDA ITEM NO. f..1l-. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO ~RM ~ LEGALITY this 9-1 day of 4 , 1995. FOLEY "LARDNER By: ~Jf{~ City Attorney 9