HomeMy WebLinkAboutItem #13 First Reading of Ordinance to Repeal Chapter 4 - Design Build Contracts and Amend Chapter 21 - Purchasing Policy (2) 4/01'
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: July 18, 2017
Item #
Reviewed By:
Contact Name: Joyce Tolbert Department Director:
Contact Number: 1516 City Manager:
Subject: Ordinance to Repeal Chapter 4— Design Build Contracts and Amend Chapter 21
Purchasing Policy— First Reading
Background Summary:
Chapter 4 of the City's Code of Ordinances — Design Build Contracts was adopted on March
21,1995 in order to comply with the procedures of the 1993 Florida Statute 287.055, Consultant
Competitive Negotiation Act ("CCNA"). The current Chapter 4 has not been updated to include
revisions that have been made to the CCNA since that time, such as the allowance of a
qualifications based solicitation for design-build services, which is in conflict with the current
Chapter 4 procedures. Moreover, Chapter 4 pre-dated the City's Current Chapter 21, Purchasing
Policy that was adopted on July 16, 1996. Now that Chapter 21 exists, Staff and the City's
Attorneys agree that Chapter 4 is no longer needed if language is amended in Chapter 21 to
expressly state that design-build services shall be procured in accordance with the requirements of
the CCNA.
Currently, Section 21.8 D. references design-build construction services shall be procured in
accordance to the procedures of Chapter 4. Staff is proposing revisions to Section 21.8 B. to
expressly state that design-build services shall be procured through the procedures set forth in the
CCNA; therefore, Chapter 4 will no longer be needed, as the required procedures are stated in the
CCNA, and the City's specific administrative procedures will be outlined in the City's Purchasing
Manual.
Construction Program Management has also been added to Section 21.8 B as this service is also
authorized in Section 255.103, Florida Statute for Construction Management.
These amendments are necessary as Design-Build services will be solicited for the new Ocoee City
Hall project once the design-criteria package is completed.
Issue:
Should the City Commission amend Chapter 21 - Purchasing Policy to expressly state that design-build
services shall be procured in accordance with the requirements of the CCNA, and to expressly state that
construction program management is also authorized by the Construction Management Statute, and
repeal Chapter 4 — Design Build Contracts?
Recommendations:
Staff recommends adoption of this Ordinance to amend Chapter 21 Purchasing Policy, and repeal
Chapter 4 Design Build Contracts, and authorize execution thereof by the Mayor and City Clerk.
Attachments:
1. Ordinance Amending Chapter 21 Purchasing Code — Redlined version
2. Chapter 4 Design-Build Contracts (Ordinance 95-08)
Financial Impact:
None
Type of Item: (please mark with an 'x')
Public Hearing For Clerk's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second Reading X Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion& Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorneyn� N/A
Reviewed by Finance Dept. W J N/A
Reviewed by ( ) N/A
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ORDINANCE NO.2017-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REPEALING
CHAPTER 4 DESIGN BUILD CONTRACTS AND AMENDING
CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE REGARDING THE CITY'S PURCHASING POLICY;
AMENDING AND RESTATING EXEMPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,
FLORIDA AS FOLLOWS:
SECTION ONE. Authority. 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, Florida Statutes, and Section C-8E of the Charter of the City of Ocoee.
SECTION TWO. Amended and Restated City Purchasing Policy. Chapter 21 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with deletions
stricken and additions underlined):
CHAPTER 21
PURCHASING POLICY
SECTION 21.1 Definitions
A. "Commodity" means any of the various supplies, materials, goods, merchandise,
equipment, and other personal property.
B. "Invitation to Bid" (ITB) refers to the formal solicitation of two or more
competitive sealed bids. The ITB is used when the City is capable of specifically
defining the scope of work for which a commodity, contractual service, or
construction service is required or when the City is capable of establishing precise
specifications defining the actual commodity, group of commodities, material, or
equipment required.
C. "Contractor" or "Vendor" means a party who contracts to sell commodities,
construction services, or contractual services to the City.
D. "Construction Services" means the provision of services rendered by individuals
and firms to provide labor and materials for the construction, renovation, repair,
modification, or demolition of any public infrastructure, building, portion of a
building, earthwork, roads, utilities, park, parking lot, public works or other
improvement to real property, in a manner consistent with the construction
industry licensure and procurement laws of the State of Florida.
E. "Contract" means a written agreement or purchase order between the City and a
vendor detailing the legal responsibilities of both parties in the offer and
acceptance of a specific act, usually for the procurement of goods, services, or
construction for money or other considerations.
F. "Contractual Services" means only those services rendered by individuals and
firms who are independent contractors, and such services may include, but are not
limited to, evaluations; consultations; maintenance; accounting; security;
management systems; management consultants; educational training programs;
research and development studies or reports on the findings of consultants
engaged thereunder; and professional, technical, and social services.
G. "Emergency Purchase" means those purchases occurring when certain
conditions might adversely affect the life, health, safety, and welfare of City
employees or its citizens, or when City property or equipment are endangered, or
when it is necessary to maintain or restore vital services, to address non-
compliance with Florida Statutes or other regulatory laws and permits, or
situations which may cause a major adverse financial impact to the City should
immediate action not be taken.
H. "Government Contracts" includes contracts by other governmental agencies to
include any political subdivision of the State of Florida or the United States,
Special Districts, or special co-operative contracts provided such contracts are the
result of a competitive bidding process, of which the City is extended the same
terms and conditions, including price, of the contract.
I. "Procurement" means purchasing, renting, leasing, or otherwise acquiring any
supplies, services, or construction; includes all functions that pertain to the
acquisition of such items, including description of requirements, selection and
solicitation of sources, preparation and award of contract, and all phases of
contract administration.
J. "Professional Services" means those services rendered by members of a
recognized profession, supplied by a licensed or certified person, the performance
of which is typically governed by State and Federal laws or professional practice
standards.
K. "Purchasing Manual" means the written purchasing procedures and practices
which may be promulgated from time to time by the City Manager to implement
and adhere to this Chapter.
L. "Purchase Requisition" is a request for a PO to be issued and is required for all
items that cannot be purchased using the City's Purchasing Card.
M. "Purchase Order" (PO) is a signed, numbered document authorizing an
employee to purchase goods or services. PO's are the result of the authorized
Purchase Requisition.
N. "Purchasing Card" means a Visa or Mastercard issued to designated employees
to be used in compliance with this Chapter and the City's Purchasing Card
Policies and Procedures.
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O. "Quotation" or "Quote" is an informal written or verbal price proposal for a
commodity or contractual service as stated by the vendor to be used to determine
the correct price for purchase.
P. "Request for Proposals" (RFP) refers to the formal solicitation of two or more
competitive sealed proposals. The RFP is used when the City cannot specifically
define the scope of work for which the contractual service, commodity, or
construction is required. The City is requesting that a qualified respondent
propose a commodity, contractual service, construction, material, or equipment to
meet the specifications of the solicitation document. Each RFP requires a
selection committee to score the evaluation criteria, which includes price.
Q. "Request for Qualifications" (RFQ) refers to the formal solicitation of
qualification statements for the procurement of professional services and other
services requesting qualifications of firms only, and does not consider price in the
ranking of firms. Each RFQ requires a selection committee to score the evaluation
criteria.
SECTION 21.2 Establishing Purchasing Function
There is hereby established a Purchasing Function within the Finance Department
of the City. The Purchasing Agent shall be a budgeted position and shall serve as
the central procurement officer of the City.
SECTION 21.3 Authority
Subject to compliance with this Chapter and the City's Purchasing Manual, the
Purchasing Agent or designee is hereby granted authority to purchase or contract
for all commodities and contractual services required by the City or other agencies
under cooperative purchasing agreements.
SECTION 21.4 Procurement Thresholds
Pursuant to Section 166.241(2), Florida Statutes, the adopted budget must regulate
expenditures of the municipality, and an officer of a municipal government may
not expend or contract for expenditures in any fiscal year except pursuant to the
adopted budget. Unless otherwise provided by Florida Law or other provisions of
the Code or waived as provided in this Chapter, all purchases by the City of
commodities, contractual services, and construction services shall be processed
and approved in accordance with the following procurement thresholds:
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Level Dollar Threshold Method of Authority to
Solicitation Approve
Level One Individual Item and/or One Verbal Quote, Department
Total Purchase less City's Purchasing Card Director or
than $5,000.00 should be used when Designee
possible.
Level Two Individual Item and/or Two Written Quotes Department
Total Purchase Director or
$5,000.00 and over Designee
and less than (Requires City
$10,000.00 Commission
approval for
capital items if
amount exceeds
budgeted amount
or has been
changed from
original budget)
Level Three Individual Item and/or Three Written Quotes Purchasing
Total Purchase Agent
$10,000.00 and over (Requires City
and less than Commission
$25,000.00 approval for
capital items if
amount exceeds
budgeted
amount or has
been changed
from original
budget)
Level Four Individual Item and/or Three Written Quotes City Manager
Total Purchase (Requires award
$25,000.00 and over or rejection by
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and less than the City
$50,000.00 Commission if
the purchase
exceeds the
original
budgeted dollar
amount, or has
been changed
from original
budget)
Level Five Individual Item And/or Formal Solicitation City
Total Purchase Commission
$50,000.00 and over
SECTION 21.5 Exceptions to Procurement Thresholds
When it is determined to be in the best interest of the City, the procurement
thresholds contained in Section 21.4 above may be waived on a case-by-case
basis. The authority to waive the procurement thresholds is as follows:
A. The Purchasing Agent may waive the minimum standards for any commodity
or contractual service which is less than $25,000.00 in value. In such case, the
Purchasing Agent shall attach a written explanation for waiver to the purchase
order.
B. The City Manager may waive the minimum standards for any commodity or
contractual service which is over $25,000.00 and less than $50,000.00 in
value. In such case, the City Manager or designee shall file a written
explanation for waiver with the Purchasing Agent.
C. The City Commission may waive the minimum standards for any commodity
or contractual service in excess of$50,000.00.
SECTION 21.6 Emergency Purchases
A. The Department Director may make Emergency Purchases in accordance to
the Authority to Approve provisions of the Procurement Thresholds set forth
in Section 21.4, and in accordance with emergency purchasing procedures set
forth in the Purchasing Manual. A summary report of all emergency purchases
shall be submitted to the City Manager on a monthly basis.
B. Emergency purchases of $50,000.00 or more will require that the City
Manager or the Department Director inform the City Commission regarding
the purchase and the nature of the emergency, by submitting a report, of all
such emergency purchases at the next regularly scheduled City Commission
meeting following the emergency.
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SECTION 21.7 Procedures and Practices
A. The City Manager is hereby directed to establish a system, or amend the
existing system, of uniform procurement procedures and practices to
implement this Chapter. The purchasing procedures, as established by the City
Manager above, are detailed as part of the Purchasing Manual.
B. The adoption of a Purchasing Policy shall be made by City Ordinance.
C. According to the City Charter, the Mayor and City Clerk shall execute all
contracts. As set forth in Section 21.4, the purchase of commodities and
contractual services with a value less than $50,000.00 do not require City
Commission approval. If a contract is required in connection with such a
purchase, then following compliance with Section 21.4, Procurement
Thresholds, the Mayor and City Clerk shall execute all such contracts.
D. Violations: The following actions shall be considered Procurement Violations:
Purchases made that are not in compliance with the Procurement Thresholds
stated at Section 21.4; splitting a purchase or purchases to circumvent the
Procurement Thresholds provided herein; purchases made from merchants that
create a Conflict of Interest as this term is defined herein, (including but not
limited to authorizing purchases from a company where the employee or the
employee's relative has a financial interest); purchases from companies that
are not City vendors; inadequate record keeping relating to purchases; and/or
failure to properly document purchases.
E. Conflict of Interest for City Officers and Employees engaged in the selection,
award, and administration of City contracts, including contracts supported by a
State or Federal award or funding, shall be governed by City Charter Chapter
C-56, Personal Financial Interest; Section 3.01, Policy of the City; Section
4.01, Conflict of Interest, City Personnel Rules and Regulations; and Part III,
Chapter 112, Florida Statutes, the Code of Ethics for Public Officers and
Employees.
F. Failure to comply with the Purchasing Ordinance or Purchasing Manual is a
group I or group II offense as defined in the Personnel Rules and Regulations,
and may result in removal of the employee's procurement privileges and other
disciplinary actions, up to and including termination, as detailed in the
Personnel Rules and Regulations.
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G. Federal Grants: All procurements by Federal Grant recipients and sub-
recipients shall comply with the provisions of 2 C.F.R. Section 200.317—326. All
procurement transactions shall be conducted in a manner providing full and open
competition consistent with the standards of 2 C.F.R. Section 200.317—326.
In the event of a conflict between the City's Purchasing Policy, codified at
Chapter 21 of the City's Code of Ordinances, and Federal Code, the more
restrictive rule shall prevail.
SECTION 21.8 Exemptions
A. The following commodities and contractual services are excluded from the
competitive requirements of Section 21.4; however, the "Authority to
Approve"provision of Section 21.4 is applicable to such procurements:
(1) APPRAISAL SERVICES
(2) CATERING/FOOD
(3) COLLECTIVE BARGAINING AGREEMENTS
(4) DUES
(5) EMPLOYEE SCREENING SERVICES INCLUDING MEDICAL
(6) ENTERTAINMENT
(7) FINANCIAL SERVICES
(8) FREELANCE SERVICES
(9) LAND PURCHASES
(10) LEGAL ADVERTISING
(11) LEGAL SERVICES
(12) POSTAGE/SHIPPING
(13) TEMPORARY EMPLOYMENT CONTRACTS
(14) TRAVEL/TRAINING
(15) UTILITIES
(16) VETERINARIAN SERVICES
B. Construction Management and construction program management (to the
extent authorized by Section 255.103, Florida Statutes), architectural,
engineering, landscape architectural, ef—surveying and mapping services,
design criteria professionals, or design-builder services shall be procured in
accordance with the requirements of Florida's Consultant's Competitive
Negotiation Act (CCNA) as set forth in Section 287.055, Florida Statutes, and
are excluded from the competitive requirements of Section 21.4.
C. Professional Auditing Services shall be procured in accordance with the
requirements of Section 218.391, Florida Statutes, and are excluded from the
competitive requirements of Section 21.4. Section 218.391 is short-titled
"Auditor Selection Procedures".
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D. Professional Design Build Construction Services shall be procured in
• . ..
Florida, and are excluded from the competitive requirements of Section 21.4.
Chapter 4 is titled "Design Build Contracts".
D.E. Group Insurance for Employees and Public Officers shall be procured in
accordance with the requirements of Section 112.08, Florida Statutes, and are
excluded from the competitive requirements of Section 21.4. Chapter 112.08
is short-titled "Group insurance for public officers, employees, and certain
volunteers; physical examinations."
SECTION 21.9 Bid Protest Procedures
All Bid Protests shall be submitted to the Purchasing Agent in the following manner:
1. A Bidder shall file a written bid protest under this Article or be barred any relief;
oral protests shall not be acknowledged.
2. A bid protest shall be limited to the following grounds: (a) issues arising from the
procurement provisions of the Project Manual, its addenda, and other bidding
documents; and/or(b) applicable federal, state, or local law. No bid protest may be
based upon questions concerning the design documents (drawings and specifications).
The Bidder shall clarify all questions concerning the design documents of the project
prior to submitting its bid.
3. The content of the bid protest shall fully state the factual and legal grounds for the
protest and the legal basis for the relief requested.
4. The bid protest shall be filed with the Purchasing Agent not later than five (5)
calendar days after the posting of the notice of intent to award or recommendation of
award by staff, whichever is earlier.
5. The Purchasing Agent, on behalf of the City, shall make a determination of the
merits of the protest not later than five (5) business days after receipt of the protest. If
the City denies the protest, the City may proceed with award of the contract unless
enjoined by order of a court of competent jurisdiction.
SECTION THREE. 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.
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SECTION FOUR. 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 re-lettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word 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 re-lettered and the
correction of typographical errors which do not affect the intent maybe authorized by the City
Manager, without need of public hearing, by filing a corrected or re-codified copy of same with
the City Clerk.
SECTION FIVE. Effective Date. This Ordinance shall become effective upon passage and
adoption.
PASSED AND ADOPTED this day of , 2017.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
ADVERTISED ,2017
READ FIRST TIME
, 2017
READ SECOND TIME AND ADOPTED
, 2017
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FORM AND
LEGALITY, THIS day
of ,2017
SHUFFIELD,LOWMAN& WILSON,P.A.
BY:
Scott A. Cookson, City Attorney
9
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 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.
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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
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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
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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;
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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.
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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.
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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
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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 0.2 14 day of MAR chi , 1995.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Ji Grafton, City erk S. Scott Vandergrift, Mayor
1
V
(SEAL)
ADVERTISED March 9 , 1995 READ FIRST TIME March 7 1995
READ SECOND TIME AND ADOPTED
MA-P-04 . , 1995, UNDER
AGENDA ITEM NO. 1/ .
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED
AS TO RM LEGALITY this f f
day of , 1995.
FOLEY
,LAQRDNER
By:
Ccii
City Attorney
9
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 o114 day of AMR c N , 1995.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
il
7 Grafton, City erk .. _----- - 1'):-: 77(—/%-:./v,,-///
S. Scott Vandergrift, Mayor
(SEAL) ADVERTISED March 9 , 1995
READ FIRST TIME March 7 , 1995
READ SECOND TIME AND ADOPTED
/c44_04 el 1 , 1995, UNDER
AGENDA ITEM NO. V R
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED
AS TO RM LEGALITY this l i
day of , 1995.
FOLEY 2,LARDNER
By: 5
4,46,1:a
City Attorney
9