Ord No 11-10-2036ORDINANCE NO: 11-10-2036
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending Article VI, Purchasing, of Chapter 2 of the
City Code, to provide for and regulate Design -Build Contracts;
providing for conflict, providing for severability and providing an
effective date.
WHEREAS, "Design- Build" is a method of project delivery in which one entity
signs a single contract accepting full responsibility for both design and construction
services of the building facility; and
WHEREAS, there are many advantages to design -build over traditional methods of
procurement: (1) the City does not have to coordinate the activities of the designer and
builder since one party is responsible for both functions, and (2) the single contract
approach reduces administration costs as it requires the monitoring of one contract rather
than the multiple contracts which are required in traditional procurement methods, and (3)
design and construction phases of a project can be overlapped to allow for construction to
begin before the design is fully completed, and it allows the designer to incorporate design
changes in a more efficient and timely manner, and (4) it reduces potential litigation
between the contractor and designer since the designer and contractor are jointly
responsible for the quality of the final product; and
WHEREAS, in accordance with Section 287.055, Florida Statutes, it is necessary
for the City to enact an Ordinance governing design -build contracts to employ that method
of procurement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Article VI, Purchasing of Chapter 2, of the City Code is amended with the
addition of the following new Section to read:
Section 2 -80. Design -Build Contracts.
(A) Puryose. In order to comply fully with the requirements of section
287.055, Florida Statutes, as amended, the following procedures shall be followed in
1
Ord. No. 11 -10 -2036
selecting firms to provide design -build services and in negotiating design -build
contracts.
(B) Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning.
Design -build contract means a single contract with a design -build firm for the design
and construction of a City construction proiect.
Design criteria package means concise, performance- oriented drawings or
specifications of the City construction proiect. The purpose of the design criteria
package is to furnish sufficient information to permit design -build firms to prepare a
bid or a response to a City request for proposal, or to permit the City to enter into a
negotiated design -build . contract. The design criteria package must specify
performance -based criteria for the City construction proiect.
Design criteria professional means a firm or person who holds a current certificate of
registration under Chapter 481, Fla. Stat., to practice architecture or landscape
architecture or who holds a current certificate as a registered engineer under Chapter
471, Fla. Stat., to practice engineering and who is retained by the City to provide
professional architect services, landscape architect services, or engineering services in
connection with the preparation of the design criteria package,
(C) Procedure. For each design /build construction proiect ( "proiect "), the
City shall employ a design criteria professional to prepare a design criteria package
( "Package ") specifying performance -based criteria for the proiect, including, but not
limited to:
1) The legal description of the site.
2) Survev information concerning the site.
(3) Interior space requirements.
(4) Material quality standards.
(5) Schematic layouts and conceptual design criteria.
Ord. No. 11 -10 -2036
(6) Cost or budget estimates.
(7) Design and construction schedules.
(8) Site development requirements.
(9) Provision for utilities.
(10) Storm water retention and disposal.
(11) Parking requirements.
The selected design criteria professional shall be ineligible to render services
under a design -build contract executed pursuant to any package prepared by the
design criteria professional.
(D) Solicitation of Proposals. Subsequent to preparation of a package, the
City shall publicly request, in a newspaper of general circulation and by posting notice
at its offices, competitive proposals from design -build firms ( "proposals ").
(E) Qualification and selection of design -build flans. Upon receipt of
roposals by the time specified in the package, a committee selected by the ei
manager shall review the qualifications of the design -build firms submitting same
considering such factors as: the ability of professional personnel; past
Performance; ability to meet time and budget requirements; location of firm
offices; recent, current and protected work loads of the firms; and other factors
relevant to the project. The committee shall then evaluate the proposals based on
price, technical and design aspects of the protect and other evaluation factors as
may be set forth in the request for proposal. The committee shall conduct
discussions with, and, unless fewer proposals are received, may require
presentations by no fewer than three design -build firms to determine an order of
preference for the most qualified firms to provide the services. The committee
shall next select no less than three design -build firms in order of preference,
Ord. no. 11 -10 -2036
deemed to be the most qualified to perform the required services for the project.
Upon selection of such firms, the city manager will proceed to negotiate a contract
in accordance with the procedures set forth hereafter.
(F) Competitive negotiations. The city manager shall commence
negotiations with up to three of the firms deemed most qualified, ranked by order
of preference, in order to achieve a design -build contract which meets or exceeds
the city's needs and provides the goods and /or services that are fair, competitive,
reasonable, and the most efficient use of City funds. Should the city manager be
unable to negotiate a satisfactory design -build contract meeting the criteria
established above, he may terminate negotiations with any of the selected firms
and undertake negotiations in the same manner by selecting a firm ranked
immediately below those previously selected to till the vacated positions of those
firms of which negotiations have been terminated. Negotiations shall continue in
accordance herewith until an agreement is reached.
(G) Consultation with design criteria professional. The city manager
shall consult with the design criteria professional who prepared the package
concerning evaluation of the proposals, approval of detail work and drawings for
the proiect and compliance of project construction with the package.
(H) Contract approval. Upon completion of satisfactory negotiations of a
contract for design -build services, the city manager shall submit such contract to
the city commission with his recommendation. If the city manager is unable to
negotiate a satisfactory contract, the city manager shall so report to the city
commission. Upon the recommendation of the city manager and the certification
of sufficiency of funds for the contract by the finance director, the city
commission may approve, approve with modifications, or reject the contract for
design - build.
(I) Prohibition against contingent fees. Each contract for design -build
services shall contain a prohibition against contingent fees.
(d) Valid public ememencles. These rules shall apply to the award of all
Ord. no. 11 -10 -2036
design build contracts except in cases declared to be valid public emergencies as
certified by the city commission based on recommendations and data supplied by
the city manager.
Secs. 2 -80 81- 2 -90. Reserved.
(Note: New wording shown in bold/underlined wording to be removed shown in�trike- tltt•®xglz)
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 4 th day of May 12010
ATTEST:
CLERK
APPROVED:
fa�
MAYOR
1St Reading: 4/6/10
2nd Reading 5 / 4 /10
READ AND APPROVED AS TO FORM COMMISSION VOTE: 5 -0
AND SUFFI ANCY:
Mayor Stoddard: Yea
�.. Vice Mayor Newman: Yea
Commissioner: Palmer: Yea
CITY ATTORNEY Commissioner: Beasley: Yea
Commissioner Harris: Yea
ZAComm Items \2010 \4 -6 -10 \Ordinance design -build pool 3- 29- 2010.rtf
5
south Miami
GflAmerioaCiN
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER 2001
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of t[ e City Commission
Via: Roger M. Carlton, Acting City Manager �()�/1.
From: Thomas J. Vageline, Director
4
Planning and Zoning Department
Date: April 6, 2410 ITEM NO. -
Subject: An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending Article VI, Purchasing; of Chapter Z of the City
Code, to provide for and regulate Design -Build Contracts; providing for
conflict, providing for severability and providing an effective date.
BACK??
As the result of the City Commission meeting as a Committee of the Whole, direction was given to draft
an amendment to the City Code of Ordinances to allow Design -Build Contracts for City construction
projects. The method of design -build is an alternate approach, to the traditional form of design and
construction for City projects.
The basic difference is that one entity is responsible for the design and construction of the project. At
the beginning of the process for a design -build project, the City would engage a firm (design criteria
professional) to develop the bid proposal package (design criteria package) for the project. This would
then be used as the request for proposals from qualified entities wishing to perform the work.
Proposals from the qualified entities would be reviewed by a committee which would interview at least
three of the firms responding. The committee would rank the firms. The City Manager would then
commence negotiations with the top ranked firm to secure a proposed contract to be submitted to the
City Commission for approval,
The benefits of this design construction method include reduced administration costs of multiple
contracts, since one contract is used for design -build projects. A significant benefit from the design -
build process is the ability to commence construction prior to the completion of all the plans, thus
shortening the time necessary for the completion of the project. An added benefit is that the designer
and contractor are jointly responsible for the successful completion of the project, preventing litigation
between the two parties.
ADMiIVISTRATION RECOMN[ENDATION
It is recommended that the City Commission approve the design -build ordinance.
Attachments:
Draft ordinance.
TJVISAY ZAComm Items\2010 \4 -6 -10 \Design -Build Ord CM report.doc
Murray Park Pool: A sustainable community asset
Dr. Gray Read,
Chair of Green Task Force,
22 March 2010
The principle function of the Murray Park pool is to provide a place where all
children can learn to swim. A good community pool should also be a delightful place
where children can play and adults can enjoy beautiful surroundings, a garden in the
city. The pool should become a valued asset of the city, as the Venetian pool is for
Coral Gables, which will be used and loved by all South Miami residents. To be truly
sustainable, the experience of using the pool should be so pleasant that families will
decide that building backyard pools is not necessary.
The landscape design must be excellent. The buildings should be modest and
support the landscape experience.
The pool and buildings should be as environmentally responsible as possible. LEED
certification is required.
The area around the pool should offer:
A landscape setting with native trees, shrubs and plants, perhaps fruit trees so a
child can pick a ripe fruit.
Heavily landscaped enclosing walls so the hard edges of the city disappear.
A shaded area with lounge chairs and picnic /cafe tables, with a clear view of the
pool.
Bathrooms and changing areas for men and women (not excessive)
Lifeguard station, lifeguard stand outside.
A concession selling healthy snacks. Concession could also serve people using
community center facilities and walk -in customers from the neighborhood.
Principle uses:
Teaching children to swim.
Pool play for all ages (no competitive sport use, i.e., no water polo or racing)
Exercise swimming.
Evening events such as garden parties /pool parties.
Sustainable features:
Solar heating for pool water and showers.
Permeable paving wherever possible to allow water table recharge.
Rainwater collection to supply toilets.
Alternative to heavy chlorination: consider metal ion treatment, saltwater, filtration
etc.
Fans and cross - ventilation in bathrooms and changing areas (air conditioning is not
necessary)
Bicycle parking.
Shade the surrounding sidewalks with trees.
Other qualities:.
The pool entry should he welcoming and should face the street.
Parking could be shared with Mobley building and Community Center.
Consider hours of use - Mobley building will be used during business hours, pool is
'most heavily used all day in summer, after school and on weekends during warm
parts of school year.
Z: \Murray Park Pool \Qualities of a Sustainable Municipal Pool (4).doc
A.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami.Dade County, Fbrida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING AND DATE CHANGE
in the XXXX Court,
was published in said newspaper in the issues of
04/09/2010
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County; Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of wsp., n ,r5v .ry BBD. for ubiication in the said
newspgp r. .^�°°'� j
Sworn to and subscribed before me this
09 day of APRI`L�. , A.D. 2010
(SEAL)
MARIA MESA personally known to me
B. THOMAS
t Commsson #DO 937532
�` ExpiresNovember22013
� EoMedlMUTm /Fel;,4a,mrcs00D385d079
J
F
�9
�r
r o soUT-ft Ui1Ami
OFfi PL/�LiC ,#i�q�;ING
DATA Ck1ItN�I�
�urS M Drive, to
of the City
14tpend the
dial :, Land
it,'iiuififlrig
.an,
d fir,
Iry`g$iiing' `'
.verabiiity;
pf..t,Fte City,
eratjifiljt. trroj�rdfitg for ardlnances in confflct;, and
itjd'i"ioiQig,Hecf l ve date `
Yr:•p roSc .(
given thaf, the City Commission. meeting.
y'sch,;edpled for the third Tuesday of the month ties been
itoba+eldf,onday Apri8A.2b10,
ft2res,{ed party 'sare;fftvtted'ibl1'1tend and wilf be heard.
trther: informat`jon 'please cbntaot the •City de We Office at:
Maria M: M: Menendez, CIVIC
ii'to `Fior(da $tatufes 2$e_0105;.1he City;hersby advises the
a:.
faT if,ii,'pers8fl ilecid'os:.to' appeal any di;606ri made by this
lgehpy or Comrpisslon with respect tb apy matter considered at
ii@ or_iearing; he R! $he.*!I need a record of the proceedings,
for and purpose. aft$ctetl person may need to ensure[ that a
I record of the proceadfngs is"made which record includes the
ry and evldepbe upon which the appeal is to be based.
10- 3.239/1449432M
19 6
�v �C�p y MaMJJ .dam ci o dN a.3v 6�G� �r
GV
R
w Hy a3ro� m_ WSJ v
ig
vas
.E 5,n ro oo
V"" W N �FNti vi CV 13 GG m py
°'- ° o
qvd o`aN1 t4;a µa6 °, c s. ^v
-'Am fi oYJ'°.o5wma °� «6r U15w -d
°E �E m5 a°J c m? LIIw 6.0 2mo
av-S
FS"n cq >F� s «w• ysc mR p. p, °7a.9t'j �A v.E6
"m
CF$m 16Y�y' y'�ki oYy r.s
�p Y�M '�a4 c0Gi
mQ a3.G3zo.R'a "¢�z e,:nwS'ca�i
ci
E
d
j O o
6
OOC %
d.
c°
o
y C
z
� C
t'^ a
o eo
.. wa°. T
m E`�
e°o C
CEO
gs-
� %}- m 5° ae Ed zae tnE
V
M 01
Cc
r x`
0 e
�+ r
fCS �
/Wy
i sc� m " Esc
so ot2g gu m
G es� o ; sEOS S,e�a xe uu+E;r3mm °v° m ba'
€p
e�c W 5 °one wE °w °m °° 'K Elf a
mueF�9 1V G° tle`°mc� S� smyoac�0.m- 6d ms $s
9.t 6TH.,'` �s° p. oE' "s. s mms
C K m' �Y CQ C� m n--Pg (SC $Ee�vm == °� �n —'G e
..$99" -i g �s �� °m ° ° s S R
oari 8s€ �, �-�' �s tea° ��9 9$" pe�s..eXs` Via= Hs
off
°x4 -2 -5a
mom �3dam- mm�msw wg e� g3 E�
'8
E
.ynL °ae ° „ n
°a 18s° a �<m =se < e <° ssm m $sa
�uquo�.lveesomntloajo �JWVVOFcu/ie urle'syaoM eniupop el >aaiou Rew pmA'CWe�lp+tta6ed pue preps WoVl VI�V�OZJ�e, o, 'a1. ,a(l uoi4poijgnd
. :uopduOSep
Was
0dFj,10 {O'J
e e s no :aUOZ/dSedtuorPeS
p 0lL43SA eMi
01M
:ai1S
iWVIW N1Q0990 A11� aasManpy
O KLIO
L0899E848
aa9wnN uoeaasul
,�
Et
4`��y
:eweN tuapo
408998848
ue9wnN PV
.4RItfrF
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Mian*Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK. Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - MAY 4, 2010
in the XXXX Court,
was published in said newspaper in the issues of
04/23/2010
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper. )I /1
Sworn to and subscribed before me this
23 dayof PHIL A.D. 2010
(SEAL)
V. PEREZ personally known to me
^,an. B.THOir7AS
_ „;? Commission # DD 937532
% erg, Expires November 2,201
°Fr.:4 "' p; w7sl;huTnyfYA�crA�sceFA0Si8 &tGfl
rci
P ,A
`a.
pV1
V
Gi', -
J
ca
W
M1
W
`ter
aka am0 N "h 7 -.�k�i
dsxi �•N N R °si9 py°annn9� �.V 0' A RN
sa>:, '3•o mu13 v Sm m.p
Soron d =- ov.y5m�`�61 "{va' „e'Eaoa;
N tI A m
oNN O'q'°x�YPNWeOJ >F pCww OT•N4 py
3ru wed oav Ev =Q m°
ro~mFA �ogal v " ^x 14� H.
a
3a o c'e5vb aan >. .q g,a a'S -°g3
m'i
wm
a E
dgoq�ds'vow "rN7 &N`yN
v 8 x',dN no �wdV+or�:abo n?^.om v d mRt m
M— w 0 Fc�5'B .S �3 °K ""rro mx,a v•�'Y ,n3
dp kkN m�>.v go gv°pm
i n u w y 0 .' F ..'m' 0.- q A'ty..d . O z_ N A
YQ. •�S .nx a3Com09C °' a- mT+v'JC(vwN eon
us
u v -C 1y.a vo"aNd a
zW Evc o v�
' nyS ..a v•«•Jko {`� •p ;�
to
i a” h .O O mF.C'p w m.C'O A p,r�4A
... N n
oa
EE owF'9 c�.F.�aP No�3x °$a.wax 'd
y M -O Ij WO N N NO m tpjqd � j _.
Fit ym wAw yO � Np q k p � nrcN
w•�j��jd`�'6 petit •�
P yFF Wwm� 440 eS �.�� m °-O 4„NO ro o @mV A °c y
0 3]oud mo. am 07l ro ° U `Da�rov
p, V N.ddA ra wA•.. y^qk wan g6 i" cEn.J.a rp --
N.dr ° q U S R a r0 rv«
ac{mg gN.�E'v' U�Z rR �h '" jgf.gynb
�otiquM� y�qC.
ap i ° c °d �'v° ° aV E i u% Y.w a `o.. - °m r2c `a
N w _ `o « ° fffo= -
m '^Cm°N CAOO•G7 "0am Ya�U Uc`m z ' a'_Ernm
w ouv q3 m g o t. t o .-
u7j q E 6 6 V U m y G g m m
Z pO i f,E 30
L. EA .. poi .mrd. ry =-j--E
b q .G 0 r
Q a.Cyy o d >w S- pE aoi
pNwdNgN�AKdO 1 �UVE 0.'O Li Cm N.� y0
u a-dww F.. 20 C4z,S BA bdgF2o W ~ H08 mc' a°noc 5o.p
AvaowImCV s'Ow MakOO =Ely YN Ar Pa
N gg
x F`cxFFCw °vo uMro �ci _`G a� mev me a
C 0 C O N C IN
,l Aed. • ^N �•+0°3F (? mcE bm o55 t
t ,°y d metro
M D/mO 'U L , y.-
E Ew y y
if
— m uO -i —U W3 O'oO i .yC E� W WJm N C `yC. N O - 3 0
I as aC N '8 8m H TO WHO'
MIS
= 'rn
u q io d'.rt ro W W a 0 Q 2 6 d t• a C`o n et
dy E'.UC Ofbj .dkad'",q 'k mduH
w I..�QA y." OJOd
w`o
o �
b
6p
m«
9 c
P�a
�
W�
f a
U 0.
i.
aG
P
R yy)
w^
mW
y0
c
a
�Z
V
4a
m c o
u m�m
U W
�r.p JlN
U
T''s 6 n
Ege
0
`5o$d
F nUOR
m
N
,
to,`o o
WUJ
aES�o
p
S
tm o2 OY �
i 0 G m Y
woEm
tomE9t
o4rvvU
O «SDy
ACom o>
.q_
pceaa
a82ma
w z°a
d
auk
U: E ax
aaF
ui
wow
UJ e o m
U
0
C_d
e roU
aMp
N m
N
q
� G
s R
U'
� 9
d
� m
C O
0 5
q C
R �
E r
a
O b
E
LL
0. Aew—a vmmIm osw poewl Wi uo pIVONry,W041 of P- .dit pm 041 N41 oauepinn -M.1 0400 w P*P1ewU S1 WNi -4S3 T14L
:uogdu0sap MV9 :ad61 J0103
apeaInFISAsa341noS SUSN :au0Z/a6edlu0ipaS OWE :a7!S
IWVtw N1t1oS do "0 :,lesiUanpy t068B66Y9 aagwnN U0910SUI
:aweNlualiD WORMS :aagwnN PV
060&jZ /40 :ale(] uoi}eaggnd
Ql��a�tu�Bia��