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CITY OF SOUTH MIAMI 1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of tAe City Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: April 6, 2010 ITEM NO.
Subject: 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.
BACKGROUND
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
contracts, since one contract is used for design -build projects. A significant benef
build process is the ability to commence construction prior to the completion of
costs of multiple
t from the design -
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.
ADMINISTRATION RECOMMENDATION
It is recommended that the City Commission approve the design -build ordinance.
Attachments:
Draft ordinance.
TJV /SAY Z: \Comm Items\2010 \4 -6 -10 \Design -Bui1d Ord CM report.doc
I ORDINANCE NO:
2 An Ordinance of the Mayor and City Commission of the City of South
3 Miami, Florida, amending Article VI, Purchasing, of Chapter 2 of the
4 City Code, to provide for and regulate Design -Build Contracts;
5 providing for conflict, providing for severability and providing an
6 effective date.
7 WHEREAS, "Design- Build" is a method of project delivery in which one
8 entity signs a single contract accepting full responsibility for both design and
9 construction services of the building facility; and
10 WHEREAS, there are many advantages to design -build over traditional
11 methods of procurement: (1) the City does not have to coordinate the activities of
12 the designer and builder since one party is responsible for both functions, and (2) the
13 single contract approach reduces administration costs as it requires the monitoring
14 of one contract rather than the multiple contracts which are required in traditional
15 procurement methods, and (3) design and construction phases of a project can be
16 overlapped to allow for construction to begin before the design is fully completed,
17 and it allows the designer to incorporate design changes in a more efficient and
18 timely manner, and (4) it reduces potential litigation between the contractor and
19 designer since the designer and contractor are jointly responsible for the quality of
20 the final product; and
21 WHEREAS, in accordance with Section 287.055, Florida Statutes, it is
22 necessary for the City to enact an Ordinance governing design -build contracts to
23 employ that method of procurement.
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
25 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26 Section 1. Article V1, Purchasing of Chapter 2, of the City Code is amended with
27 the addition of the following new Section to read:
28 Section 2 -80. Design -Build Contracts.
29 (A) Purpose. In order to comply fully with the requirements of section
1
287.055, Florida Statutes, as amended, the following procedures shall be
followed in 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.
Resign criteria package means concise, performance- oriented drawings or
10 specifications of the City construction proiect. The purpose of the design
11 criteria package is to furnish sufficient information to permit design -build
12 firms to prepare a bid or a response to a City request for proposal, or to
13 permit the City to enter into a negotiated design -build contract. The design
14 criteria package must specify performance -based criteria for the City
15 construction proiect.
16 Design criteria professional means a firm or person who holds a current
17 certificate of registration under Chapter 481, Fla. Stat., to practice
18 architecture or landscape architecture or who holds a current certificate as a
19 registered engineer under Chapter 471, Fla. Stat., to practice engineering and
20 who is retained by the City to provide professional architect services,
21 landscape architect services, or engineering services in connection with the
22 preparation of the design criteria package.
23 (C) Procedure. For each design /build construction proiect
24 ("broiect" ), the City shall employ a design criteria professional to prepare a
25 design criteria package ( "package ") specifying. performance -based criteria for
26 the proiect, including, but not limited to:
27 (1) The legal description of the site.
28 (2) Survey information concerning the site.
29 (3) Interior space requirements.
2
1 (4) Material quality standards.
2 (5) Schematic layouts and conceptual design criteria.
3 (6) Cost or budget estimates.
4 (7) Design and construction schedules.
5 (8) Site development requirements.
6 (9) Provision for utilities.
7 (10) Storm water retention and disposal.
8 (11) Parking requirements.
9 The selected design criteria Drofessional shall be ineligible to render
10 services under a design -build contract executed pursuant to any package
11 prepared by the design criteria professional.
12 (D) Solicitation of Proposals. Subsequent to preparation of a
13 package, the City shall publicly request, in a newspaper of general circulation
14 and by posting notice at its offices, competitive proposals from design -build
15 firms ( "proposals").
16 (E) Qualirication and selection of design -build farms. Upon receipt
17 of proposals by the time specified in the package, a committee selected by the
18 city manager shall review the qualifications of the design -build firms
19 submitting same considering such factors as: the ability of professional
20 personnel; past performance; ability to meet time and budget
21 requirements; location of firm offices; recent, current and proiected work
22 loads of the firms; and other factors relevant to the proiect. The committee
23 shall then evaluate the proposals based on price, technical and design
24 aspects of the project and other evaluation factors as may be set forth in
25 the request for proposal. The committee shall conduct discussions with
and, unless fewer proposals are received, may require presentations by no
2 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
4 select no less than three design -build firms in order of preference, deemed
to be the most qualified to perform the required services for the project.
6 Upon selection of such firms, the city manager will proceed to negotiate a
7 contract in accordance with the procedures set forth hereafter.
8 (F) Competitive negotiations. The city manager shall commence
9 negotiations with up to three of the firms deemed most qualified, ranked by
10 order of preference, in order to achieve a design -build contract which
11 meets or exceeds the city's needs and provides the goods and /or services
12 that are fair, competitive, reasonable, and the most efficient use of City
13 funds. Should the city manager be unable to negotiate a satisfactory design
14 build contract meeting the criteria established above, he may terminate
15 negotiations with any of the selected firms and undertake negotiations in
16 the same manner by selecting a firm ranked immediately below those
17 previously selected to fill the vacated positions of those firms of which
18 negotiations have been terminated. Negotiations shall continue in
19 accordance herewith until an agreement is reached.
20 (G) Consultation with design criteria professional. The city
21 manager shall consult with the design criteria professional who prepared
22 the package concerning evaluation of the proposals, approval of detail
23 work and drawings for the project and compliance of project construction
24 with the package.
25 (H) Contract approval. Upon completion of satisfactory
26 negotiations of a contract for design -build services, the city manager shall
27 submit such contract to the city commission with his recommendation. If
28 the city manager is unable to negotiate a satisfactory contract, the city
29 manager shall so report to the city commission. Upon the recommendation
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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 reiect the contract for design- build.
(I) Prohibition against contingent fees. Each contract for design-
build services shall contain a prohibition against contingent fees.
(J) Valid public emergencies. These rules shall apply to the
award of all 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. 2-0 81— 2 -90. Reserved,
(Note: New wording shown in bold/underlined; wording to be removed shown i�wnegl�}
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
ATTEST:
CITY CLERK
day of 2010
APPROVED:
MAYOR
1St Reading:
2nd Reading
5
READ AND APPROVED AS TO FORM COMMISSION VOTE-
AND SUFFICIENCY:
CITY ATTORNEY
Mayor Stoddard:
Vice Mayor Newman:
Commissioner: Palmer:
Commissioner: Beasley:
Commissioner Harris:
Z: \Comm Items\2010 \4 -6 -10 \Ordinance design -build pool 3- 29- 2010.rtf
0
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, salt water, 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 be 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