25South Miami
NI-FmericaCity
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER E
INTER - OFFICE MEMORANDUM zoos
To: The Honorable Mayor Stoddard and Members osf�t e City Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, Director d4
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 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.
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 -Build Ord CM report.doc
1
1
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
E
0
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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) Purpose In order to comply fully with the requirements of section
1
1 287 055 Florida Statutes as
amended
the following procedures
shall be
2 followed in selecting firms to provide
design
-build services and in negotiating
3 design -build contracts.
4 (B) Definitions The following words, terms and phrases, when used
5 in this section shall have the meanings ascribed to them in this section, except
6 where the context clearly indicates a different meaning.
7 Design -build contract means a single contract with a design -build firm for the
8 design and construction of a City construction proiect.
9 Design criteria package means concise performance- oriented drawings or
10 specifications of the City construction project. 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 ("proiect ") 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.
L4) Material quality standards.
(5) Schematic layouts and conceptual design criteria.
(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
10 services under a design -build contract executed pursuant to anv 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) Qualification and selection of design -build firms. 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 projected work
22 loads of the firms; and other factors relevant to the project. 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
3
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, 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) Comaetitive 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
i l 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 nrofessionaZ 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 proiect and compliance of proiect 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
0
1 of the city manager and the certification of sufficiency of funds for the
2 contract by the finance director, the city commission may approve,
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
approve with modifications, or reject the contract for design- build.
(1) Prohibition against contingent fees. Each contract for design-
build services shall contain a prohibition against contingent fees.
(3) 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. 2-90 81— 2 -90. Reserved.
(Note: New wording shown in bold/underlined; wording to be removed shown is AW o
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
04lVI0-16
CITY CLERK
day of 2010
APPROVED:
MAYOR
I" Reading:
2nd Reading
E
0
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner: Palmer:
Commissioner: Beasley:
Commissioner Harris:
Z: \Comm Items\2010\4 -6 -10 \0rdinance design -build pool 3- 29- 2010.rtf
ri
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
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
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
Afflant further says that the said Miami Dally 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 aff lent 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 securin „�dvQ, for publication in the said
newsy r. /"
Sworn to and subscribed before me this
0(9 day of APRIL AAD.D. 22010
(SEAL)
MARIA MESA personally known to me
B. THOMAS
m
� n # DD 937532
;�. Expires November 2, 2013
6ordetlTMUTmYfanirmttarca804387919
�w
!W-4iIAMI
IC NEARING
iNGE
ommisslon �qf the City of South
- feadngs -I arts, Its , regular' -;City
rday gorii 19.2070 beginning
ambers 61.3Q Sunset Drive, to
y Commission of the City,
o it request ;to a 'en the
r of4*,uth� Mjarn ;Lend
g a corn`merbiall building,
ka Bougainvillea Tavern). ,
rottron of Lots 67 and 62y
Subtlivis�on"r,-c , rded. in
myDa7ehCoan�y Public
r placemegt,%ff an HistoAd
)oT%eF�hsezishn2 zoning
ovrding, for`,sevetab III
ty;_
tfliot,�nantl groviding an
it
,
y Ctimmrssion of the,City,
�ArticleUl qurchasmg of
provide, for and reguPate
foS apr'flkts; seyeratiflity
r..
y Cornmrssion of the City` ; ,i
the Southtdismr Cotle ot:
existing Section 16 Y00't .,,
narking pf real property ", '
00 entjtietl' Graffdi. anti "•
the followjng se,itions;t .
pssesshl of spray paint
40i`ing ton arleffeptive date.
E s• §y1jEREBY given thaf the. City Commission meeting,
r.scheafiled for the third'TUesday of the "'month has been
itosfoeldMonday Apni19 201 0.
iteresfedparties are muted to a7fePd and will tie heard.
irther, information, pi ease contact the City .Clerk's Office at:
6340
Maria M- Menendez, CMC
-City Clerk
ii to`Florkii Statutes 286.0105, the City . hereby pelvises the
let If a person decides to appeal,any "decision made by this
\geocy: or Commission with respect to any matter considered at
ing or hearing, he or she will -need a record of the proceedings,
for such purpose, affected person may need to ensure that a
i record of the proceedings is made which record includes the
ty and evidence upon which the appeal is to be based.
10- 3- 239/1449432M
w9 t5 E
1� L
g 19 F n
C
0 M
C5
6
,,n y-�i
g
A
S
5 c A g6 pli�
a
A9
g6
g, O .2w U E
q Wv
U)
15
Egg'.
o
C.
O
JI
0
0
mve
:sdAI joloo
OPBG/L43S/Tse34InOS SUSN :aUO7JG6ed/UO.qOOS
D'LXZ
:qzjs
iwviw Hinos:io Am :JaSjjJOAPV
z
E
z
:OweN IU9110
0895t848
0
3
0
2
E
u E n r
u
z
>
411.1,
Sj2
M-
E I
A
CD
cn
0
0
juquoa Aug esvdugdoiaojjo,dxe Am Aug UjjQ'vg,*m OAI;BAPgP qv a jou Agw uOA 'P.Itaipul 060d pug elepeye ua pigue" Iwo, eml ul pwoodde pe eqz pe,p Pouapge se pop,.M s11aHeey53 suj
:uo!jd,josa(]
mve
:sdAI joloo
OPBG/L43S/Tse34InOS SUSN :aUO7JG6ed/UO.qOOS
D'LXZ
:qzjs
iwviw Hinos:io Am :JaSjjJOAPV
Loaqqcqn
:jaqwnN U04JOSUI
:OweN IU9110
0895t848
jeqwnN PV
E
LLA
L5
Sj2
M-
E I
A
CD
cn
�E, A
E-ff g . 1,st
W
LU
E
R�
RIJ
juquoa Aug esvdugdoiaojjo,dxe Am Aug UjjQ'vg,*m OAI;BAPgP qv a jou Agw uOA 'P.Itaipul 060d pug elepeye ua pigue" Iwo, eml ul pwoodde pe eqz pe,p Pouapge se pop,.M s11aHeey53 suj
:uo!jd,josa(]
mve
:sdAI joloo
OPBG/L43S/Tse34InOS SUSN :aUO7JG6ed/UO.qOOS
D'LXZ
:qzjs
iwviw Hinos:io Am :JaSjjJOAPV
Loaqqcqn
:jaqwnN U04JOSUI
:OweN IU9110
0895t848
jeqwnN PV
Sj2
RZ--.
E I
X999 q
�E, A
E-ff g . 1,st
- -
RE
S.-IMAIH.-
E
RIJ
my
6
— -g-
gg gg�lg,
g� g
gg
=-2.
G
.a EF -
- Mt-
Ag
I-L
�-Wk=w,sg
HE
N
°
juquoa Aug esvdugdoiaojjo,dxe Am Aug UjjQ'vg,*m OAI;BAPgP qv a jou Agw uOA 'P.Itaipul 060d pug elepeye ua pigue" Iwo, eml ul pwoodde pe eqz pe,p Pouapge se pop,.M s11aHeey53 suj
:uo!jd,josa(]
mve
:sdAI joloo
OPBG/L43S/Tse34InOS SUSN :aUO7JG6ed/UO.qOOS
D'LXZ
:qzjs
iwviw Hinos:io Am :JaSjjJOAPV
Loaqqcqn
:jaqwnN U04JOSUI
:OweN IU9110
0895t848
jeqwnN PV
060Zj�6 /V0 :oleo uoileoilqnd