HomeMy WebLinkAboutO-14007City of Miami
4 Legislation
Ordinance: 14007
File Number: 8867
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/10/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
18/ARTICLE III/SECTION 18-87 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCE/CITY OF MIAMI
PROCUREMENT ORDINANCE/PROFESSIONAL SERVICES AS DEFINED IN
F.S. § 287.055, AS AMENDED FROM TIME TO TIME; AWARD OF CERTAIN
PROFESSIONAL AGREEMENTS NOT EXCEEDING $500,000.00 BY THE CITY
MANAGER", TO PROVIDE A CONSULTANT QUALIFICATION PROCESS, A
CONSULTANT WORK PERFORMANCE EVALUATION SYSTEM, INCLUDING
THE REQUIREMENTS, TERMS, AND CONDITIONS OF SUCH A SYSTEM,
PROCEDURES TO ADDRESS NONCOMPLIANCE, AND THE UPDATING OF
CERTAIN TERMINOLOGY THEREIN; FURTHER AMENDING SECTION 18-89
OF THE CITY CODE, TITLED "CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS", TO PROVIDE A CONTRACTOR WORK PERFORMANCE
EVALUATION SYSTEM, INCLUDING THE REQUIREMENTS, TERMS, AND
CONDITIONS OF SUCH A SYSTEM, PROCEDURES TO ADDRESS
NONCOMPLIANCE, AND THE UPDATING OF CERTAIN TERMINOLOGY
THEREIN; FURTHER TO ESTABLISH A NEW SECTION 18-123 OF THE CITY
CODE, TITLED "QUALITY CONTROL PLAN FOR CONSULTANTS AND
CONTRACTORS"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the City of Miami's ("City") Department of Procurement ("Procurement')
finds it necessary and in the best interest of the City to revise Section 18-87 of the Code of the
City of Miami, Florida, as amended ("City Code"), titled "Professional Services as Defined in
F.S. § 287.055, as Amended From Time to Time; Award of Certain Professional Agreements
not Exceeding $500,000.00 by the City Manager", and Section 18-89 of the City Code, titled
"Contracts for Public Works or Improvements", and to establish a new Section 18-123 of the
City Code, titled "Quality Control Plan for Consultants and Contractors"; and
WHEREAS, Section 18-87 of the City Code is hereby being amended to provide a
consultant qualification process, a consultant work performance evaluation system, including
the requirements, terms, and conditions of such a system, procedures to address
noncompliance, and the updating of certain terminology therein; and
WHEREAS, Section 18-89 of the City Code is hereby being amended to provide a
contractor work performance evaluation system, including the requirements, terms, and
conditions of such a system, procedures to address noncompliance, and the updating of certain
terminology therein; and
WHEREAS, Section 18-123 of the City Code is hereby added to establish a quality
control plan for both consultants and contractors; and
City of Miami Page 1 of 17 File ID: 8867 (Revision: A) Printed On: 6/23/2021
File ID: 8867
Enactment Number: 14007
WHEREAS, it is necessary and in the best interest of the City, its residents, businesses,
departments, agencies, instrumentalities, vendors, consultants, and contractors to add
procedures to the City Code providing for a qualification process and work performance
evaluation system to better gauge the adequacy of the performance by City consultants and
contractors;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 18/Article III of the City Code is hereby amended in the following
particulars:'
"CHAPTER 18
FINANCE
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
Sec. 18-87. Professional services as defined in F.S. § 287.055, as amended from time to time;
award of certain professional service agreements not exceeding $500,000 by the city manager.
(a) In the procurement of professional services covered by the Consultant's
Competitive Negotiation Act, the provisions of F.S. § 287.055, as amended, as
supplemented by applicable provisions of the procurement ordinance, shall govern.
(b) The city manager is authorized to promulgate and implement administrative
procedures not with Florida Statutes or the purchasing ordinance.
(c) Definitions. For purposes of this section the following words shall have the
meanings ascribed to them in the Consultant's Competitive Negotiation Act, F.S. §
287.055, as amended:
(1) Agency.
(2) Firm.
(3) Compensation.
(4) Agency official.
(5) Project.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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File ID: 8867
Enactment Number: 14007
(6) Continuing contract.
(7) Design -build firm.
(8) Design -build contract.
(9) Design criteria package.
(10) Design criteria professional.
(11) Professional services.
The following are additional definitions not defined in CCNA that may apply to projects
under this section:
(12) Value -analysis means an organized approach to optimizing both cost and
performance in a new or existing facility or eliminating items that add cost
without contributing to required function.
(13) Life -cycle costing means that process whereby all the expenses associated
with the operation, maintenance, repair, replacement, and alteration costs of a
facility are included.
(14) Capital Improvements Program (CIP) shall mean the work and materials
authorized for construction, rehabilitation, restoration or betterment of streets,
avenues and other public thoroughfares, public parks, buildings, and/or other
public properties, and other municipal public improvements included within the
city's adopted Capital Improvement Program, as amended, or modified by the
city commission from time to time.
(d) File of qualifications for CCNA firms. In the procurement of professional services
covered by CCNA, the chief procurement officer may encourage the firms engaged
in the lawful practice of their professions to submit a statement of qualifications and
performance data. This information shall be held in the purchasing division and
shall become part of the basis for selection of professional firms to serve the city.
The list of qualifications shall contain the type of services provided by each firm,
the staff available, their areas of specific expertise, and any forms then currently
required by the city, the county, or the state. The city may request supplemental
information from any firm to be kept on file.
(e) Public announcement. The chief procurement officer shall publicly announce as
required by the Consultant's Competitive Negotiation Act, F.S. § 287.055, as
amended, each such occasion when Professional Services are required. The public
announcement shall be made in a uniform and consistent manner.
(f) Review of qualifications. A selection committee appointed by the city manager shall
review all qualifications and submittals of those firms responding to the public
announcement for professional services issued by the city. As provided by CCNA,
the firms desiring to provide professional services must first be certified by the city
as fully qualified to provide the required service. Among the factors to be
considered in making this finding are the capabilities, adequacy of personnel, past
record, and experience of the firm.
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File ID: 8867
Enactment Number: 14007
(g) Short list. The selection committee shall reduce the number (short-list) at least
three firms for further discussion. This requirement is not applicable if fewer than
three firms deliver submittals.
(h) The committee shall conduct discussions with, and may require public
presentations by, no fewer than three firms. The requirements for the discussion or
presentation will be the same for each firm short-listed. The committee shall select,
in order of preference, no less than three firms (unless fewer than three firms
deliver submittals) determined to be the most highly qualified to perform the
required services. In making such determinations the committee shall consider the
factors set forth in CCNA, as amended. Any applicable local preference awarded
pursuant to law shall not violate the principal of selection of the most qualified firm.
(i) Ranking reported. On completion of the committee selection process the committee
shall report the ranking order of the firms to the city manager. The city manager
shall immediately advise the mayor and city commission in writing of the three or
more firms selected and their ranking order of preference. The city clerk will be
provided with a copy of each report and memo referenced in this section.
(j) Negotiations proceed if no concern is expressed. If no commissioner or the mayor
individually indicate a concern with the ranking of the selection committee within
five working days of the transmittal of the memo reporting the ranking the city
manager will proceed with negotiations.
(k) Procedure if a concern is expressed. If the mayor or a commissioner have
concerns which cannot be resolved without impacting the order of the ranking or
selection, an item shall be placed before the city commission to approve the
selection and ranking or, alternatively, to refer the item back to the selection
committee.
(1) Negotiations. The city manager may, after five consecutive business days of
notification of the ranking to the mayor and the city commission attempt to
negotiate with the highest ranked firm to perform services at compensation which
is, in the opinion of the city manager, determined to be fair and reasonable.
Compensation includes all reimbursable expenses. If the city manager is unable to
negotiate a satisfactory contract with the firm obtaining the highest-ranking
negotiations with that highest ranked firm shall be terminated. The city manager
shall then undertake negotiations with the second ranked firm. If these negotiations
also prove unsatisfactory, negotiations will again be terminated and the city
manager will negotiate, in turn, with each firm in accordance with it's ranking by the
committee, until an agreement is reached, or the short list is exhausted. When a
short list is exhausted, a new solicitation shall be initiated by the city, unless
otherwise decided by the city commission.
(m)Award of contract. Notwithstanding any other provision of the purchasing
ordinance, at the successful conclusion of negotiations the city manager may
award and execute contracts for professional services, as defined by CCNA, which
do not exceed $500,000.00 in total compensation. The decision of the city manager
shall be final. Compensation referenced herein shall include all reimbursable
expenses and contract values associated with potential options for renewal. All
professional service contract awards of $500,000.00, or more in total compensation
under this section shall be made by the city commission, whose decision shall be
final.
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File ID: 8867
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Awards made by the city manager or city commission, as applicable, shall include
authority for all subsequent options of renewal, if any.
(n) Report to city commission. The city manager shall submit to the city commission,
on a hi FnGRthly quarterly basis, a listing of any contracts including the names of the
firms, the names of the projects, and the amount of compensation of any contracts
the city manager has awarded under this section.
All contracts awarded under this section shall be executed by the city manager, approved
as to insurance requirements by the risk manager, and approved as to legal form by the
city attorney.
(o) Delegation of authority. Excepting the execution of contracts, the city manager may
delegate his or her duties under this section to the chief procurement officer or the
administrative head of the using agency.
(p) r„I„rni 1nity hi, �s ente se ("T G Small Business Enterprise ("SBE")
participation requirements. Except where state or federal laws, regulations, or grant
requirements mandate to the contrary, and subject to reservations or limitations
provided in state, federal, or city laws, regulations, or grant requirements, firms
must assign a minimum of fifteen percent (15%) PeFGeRt of the contract value to
firms currently certified by Miami -Dade County as a GGITIMURity hi cinocc oAtei:prise
" " SBE if it is included in the request for proposals ("RFP"), request for letters
of interest ("RFLI"), request for qualifications ("RFQ"), or other solicitation for
professional services. Firms shall place a specific emphasis on using GB€s SBEs
from within the city's municipal boundaries. All RFP's, RFQ's and RFLI's shall
include provisions in the evaluation criteria that award five bonus points to firms
who meet the GBE— SBE participation requirement through use of the firms from
within the city's municipal boundaries. The adoption of these provisions in the
procurement ordinance by the city will be deemed an adoption by the city, as
herein modified, and as may be amended from time to time by the Gity Gf the
Miami -Dade County G^mm6,nity &-sHpess Eate se ("GBEA/E") SBE Program for
Architectural, Landscape Architectural, Engineering, and Surveying and Mapping
Professional Services ("SBE A/E") as set forth in section 2-10.4.01, Miami -Dade
County Code. The definitions, program components, certification requirements,
sanctions for contractual violations, and administrative penalties, from section 2-
10.4.01 of the Miami -Dade County Code, as amended, are deemed as being
incorporated by reference herein.
G&E SBE participation requirements shall apply only to contracts with a
professional services contract value greater than $100,000.00 that include such
requirement in the RFP, RFQ, RFLI or other solicitation for professional services.
These G&E SBE participation requirements shall apply to any competitively
procured contract under this section unless:
(1) It meets one of the exclusion provisions noted above or is not included in the
solicitation for professional services;
(2) The city manager or designee deems the requirements unfeasible prior to
issuance of the competitive selection document in which case the requirements
of this section will be stated as not being applicable in the competitive selection
document;
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File ID: 8867
Enactment Number: 14007
(3) It is disallowed by federal or state law;
(4) Funding sources require alternate, contradictory, or specifically exclude C-BE
SBE participation requirements;
(5) These requirements are waived by the city commission by resolution, prior to
issuance of the competitive solicitation document, upon written
recommendation of the city manager or manager's designee, when the
commission finds this is to be in the best interest of the city, in which case the
requirements of this section will be stated as not being applicable in the
competitive selection document.
(q) Consultant Qualification Process.
(1) This Section will establish minimum qualifications for consultants engaged
pursuant to Section 287.055, Florida Statutes, and Section 18-87 of the City
Code. This Section will also apply to consultants performing professional
services including, without limitation, a planning or study activity and
professional transportation related services, including transportation corridors,
transportation facilities, utility, traffic studies, and right-of-way professional
services.
Application for Qualification. A professional consultant who desires to qualify for
either a City prequalification pool for architecture and engineering ("A&E")
services or a City project with construction costs exceeding the threshold
amounts provided in Section 287.017, Florida Statutes, in Category Two for a
planning or study activity or in Section 287.017, Florida Statutes, for Category
Five for the estimate of the construction costs, will submit a proposal to the
City's RFQ for professional consultants through the City's online bidding
platform for the specific prequalification A&E, surveying and mapping pool
being solicited, or stand-alone project RFQ or RFP for a design build project the
City is soliciting.
(3) City staff shall examine the proposal submitted in response to an RFQ or RFP.
(4) City staff shall make such inquiries and/or investigations as deemed necessary
to verify and evaluate the proposer's statements and determine competency for
qualification.
5) Information which City staff shall consider in determining whether a
professional consultant is qualified to perform the solicited types of work shall
include, but not be limited to:
(i) Current license or registration as regulated by the State of Florida or
national organizations/governmental agencies, as appropriate.
(ii) Personnel with appropriate experience and training as detailed in the type
of work qualifications.
(iii) Registration, currently in good standing, with the Florida Department of
State if the applicant is a corporation, limited partnership, limited liability
company, or similar business entity.
(iv) Past performance on City contracts including City agencies and
instrumentalities.
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File ID: 8867
Enactment Number: 14007
(v) Integrity, reliability, and responsibility, which shall include history of
debarment or susaension from consideration for work with anv
governmental entity.
(vi) History of conviction(s) of a contract crime pursuant to Section 337.165,
Florida Statutes. or of a Dublic entitv crime Dursuant to Section 287.133.
Florida Statutes. by the aaDlicant or its affiliate or subsidiarv. includin
reapplication or reinstatement.
(vii) Any employment or otherwise providing compensation to any employee or
officer of the Citv.
(viii) History of offering an employee or officer of the City any pecuniary or
other benefit with the intent to influence his or her official action or
judgment.
(ix) The acceptability of the supporting reimbursement rate, accounting
system, and insurance information.
(6) The consultant shall provide additional/supplemental information and
documentation upon the request of City staff.
(7) Notwithstanding the foregoing, the City shall have the right to deem a proposal
submitted by a consultant non -responsive based on the criteria in Chapter 18 of the
City Code and the applicable solicitation document.
(8) Period of Validity of Qualifications. For prequalification A&E pools, consultants will
be renewed annually pursuant to their respective contracts. Sixty (60) days prior to
the renewal date, the City's Department of Procurement will send a notification to the
consultants in the pool that will include a renewal application to determine whether
there have been significant changes to the consultant's qualifications. The
consultant shall have thirty (30) days to submit the renewal application to the City's
Department of Procurement.
(9) Changes in Qualification Status.
i) A consultant shall submit a revised application in the event of a chanae in the
status of its firm. includina a chanae of ownership. a chanae in the form of
business under which the firm operates, a change in any of the key staff used
to qualify the firm to perform the work, or any other change deemed material or
substantial by the City's Department of Procurement when initially qualifying
consultants.
(ii) A consultant need not submit a revised application solely because of any
change in the officers or the name of the corporation; however, such
information shall be certified and delivered to the City's Department of
Procurement within fifteen (15) days of its occurrence.
Consultant Work Performance Evaluation System ("Consultant Evaluation
System").
(1) Firms, entities, or persons as addressed in Sub -Section (g)(1) above who are
performing professional services for the City or any City agency or
instrumentality shall be subject to the following Consultant Evaluation System.
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The using agency, through appropriate staff selected by the City Manager or
the director of the using agency, shall utilize established regulations to evaluate
professional services contracts for all projects subject to competitive
solicitations under Section 287.055, Florida Statutes, as provided herein,
including all projects in which the construction cost is estimated to exceed the
threshold amount provided in Category Five under Section 287.017, Florida
Statutes. The staff evaluating the contract must include the using agency's
project manager(s) and/or task manager(s) and must include any owner's
representative who acted on behalf of the City. At the option of the City
Manager or the director of the using agency, said project manager(s) and/or
task manager(s) may also serve on the staff evaluation group. This evaluation
system will consider the consultant's performance for the entire length of the
contract and goods and professional services provided or produced by the
consultant. A copy of the completed evaluation shall be provided to the
consultant's project manager and the Chief Procurement Officer or designee
and the City Manager. A final composite evaluation of the consultant's contract
performance shall be developed by combining all of the consultant's
evaluations for the full length (duration) of the contract. The consultant's work
performance on each professional services contract must be evaluated by the
using agency's project manager(s) and/or task manager(s). A work
performance grade of 1 through 5 for each major type of work shall be based
on an evaluation of the schedule, including milestone dates, management, and
quality. The management rating shall be based on an evaluation schedule, with
one evaluation at fifty percent (50%) completion and a second evaluation at
one hundred percent (100%) completion. The management rating shall be
based on the consultant's ability to manage all necessary project resources.
The schedule rating shall be based on the consultant's compliance with the
contract schedule. The quality rating shall be based on the consultant's
attention to and concern with the established quality control plan and product
quality. The project manager shall assign the quality rating to any consultant
named in the agreement or its exhibits for any major type of work performed.
For all professional services that result in the preparation of construction plans,
a constructability rating shall also be assigned. The constructability rating shall
be based on the design consultant's ability to develop practical, accurate,
comDlete. and cost-effective construction Dlans.
(2) The rating system for all work types shall be on a 1 to 5 rating with 1 equating
with poor performance and 5 representing outstanding performance.
Each consultant in a prequalified pool will be evaluated at the end of each
contract year considering all previous project evaluations and any vendor non-
performance for that contract year.
(4) The Chief Procurement Officer is authorized to administratively promulgate and
implement evaluation regulations. Such regulations and any amendments will
be reported to the City Manager, City Attorney, Mayor, and Members of the City
Commission in writing. Such regulations may fully effectuate all the procedures
for this Section and shall be consistent with the City's Procurement Ordinance.
(5) Consultants with poor project evaluations are subject to the possibility of a
suspension, termination, or debarment imposed by the City pursuant to the
procedures set forth in Section 18-107 of the City Code and the evaluation
regulations. Consultant's previous City evaluations for the previous (3) years
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File ID: 8867
Enactment Number: 14007
shall be considered at the time of prequalification in any City A&E pool or for
stand-alone projects for which the consultant is submitting their qualifications.
Sec. 18-89. - Contracts for public works or Capital improvements.
(a) Any public work or capital improvement may be executed either by contract or by
the city labor force, as may be determined by the city commission. There shall be a
separate accounting as to each work or improvement. Before authorizing the
execution by the city labor force of any work or improvement or phase thereof, the
city manager shall submit to the city commission a description of the anticipated
scope of work and related cost estimates.
(b) All contracts for public works or capital improvements in excess of $25,000.00 shall
be awarded to the lowest responsive and responsible bidder after public notice
based on competitive sealed bidding methods, as provided herein or as provided in
applicable Florida Statutes, whichever is determined to be in the best interest of
the city. For contracts for public works and improvements in excess of $25,000.00
where it is both practicable and advantageous for the city to specify all detailed
plans, specifications, standards, terms and conditions so that adequate competition
will result and award may be made to the lowest responsive and responsible bidder
principally on the basis of price; provided, however, when a responsive,
responsible non -local bidder submits the lowest bid price, and the bid submitted by
one or more responsive, responsible local bidders who maintain a local office, as
defined in Section 18-73 of the City Code, is within fifteen percent (150/0) PerGeRt of
the price submitted by the non -local bidder, then that non -local bidder and each of
the aforementioned responsive, responsible local bidder(s) shall have the
opportunity to submit a best and final bid equal to or lower than the amount of the
low bid previously submitted by the non -local bidder. Contract award shall be made
to the lowest responsive, responsible bidder submitting the lowest best and final
bid. In the case of a tie in the best and final bid between a local bidder and a non -
local bidder, contract award shall be made to the local bidder.
Notwithstanding the foregoing, the city manager may establish a pool of pre -qualified
contractors for the city construction projects ("pilot program"). The prequalification pool
of contractors for city construction projects pilot program ("pool"), will participate in an
expedited, competitive sealed bidding process, as identified in Exhibit "A" [to Ord. No.
13625], which is deemed as being incorporated by reference herein.
Notwithstanding the foregoing, the city manager may waive competitive sealed
procurement methods by making a written finding, supported by reasons, that a valid
emergency exists or that there is only one reasonable source of supply, which finding
must be ratified by an affirmative vote of four -fifths of the city commission after a
properly advertised public hearing. When competitive sealed procurement methods are
waived, other procurement methods as may be prescribed by ordinance shall be
followed, except for the cone of silence provisions.
(c) Public notice shall be in accordance with the applicable Florida Statutes.
(d) Award.
(1) All contracts for public works or capital improvements which do not exceed
$25,000.00 shall be awarded on the basis of competitive negotiations.
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(2) All contracts for public works or capital improvements of $25,000.00 or more
shall be awarded by the city manager only upon certification of the results of
the evaluation and the bid tabulation by the chief procurement officer as being
in compliance with competitive sealed procurement methods or in accordance
with applicable Florida Statutes.
(3) All contracts in excess of $100,000.00 must be approved by the city
commission upon recommendation by the city manager. The decision of the city
commission shall be final.
(4) The city commission or the city manager shall have the authority to reject any
or all bids or portions of bids, and re -bid or elect not to proceed with the project.
(5) When it becomes necessary in the opinion of the city manager to make
alterations or modifications in a contract for any public work or improvement
which increases the contract to a total amount in excess of $100,000.00, such
alterations or modifications shall be made only when authorized by the city
commission upon the written recommendation of the city manager. No such
alteration shall be valid unless the price to be paid for the work or material, or
both, under the altered or modified contract shall have been agreed upon in
writing and signed by the contractual party and the city manager prior to such
authorization by the city commission.
(6) Copies of the city manager's award shall be delivered to the director of the
department of resilience and public works and to the chief procurement officer.
(7) The city manager shall submit to the city commission on a monthly basis a list
of contracts for public works or capital improvements awarded by the city
manager.
(e) GGFnR;6lRitY Small Business Enterprise ("GSBE SBE")
(1) Except where state or federal law, regulations, or grant requirements mandate
to the contrary, and subject to reservations or limitations provided in state,
federal, or city laws, regulations, or grant requirements, respondents must
assign a minimum of 15 percent of the contract value to a respondent or to a
construction related enterprise currently certified by Miami -Dade County as a
GernmuFl,4y Small Business Enterprise ("GSB€ SBE"). Respondents shall place
a specific emphasis on utilizing local small businesses from within the city's
municipal boundaries. The adoption of these provisions in the procurement
ordinance of the city will be deemed an adoption by the city, as herein modified,
and as may be amended from time to time of the Miami -Dade County
GOmmURity Small BUSiRess EFIt rise ("GSBE") SBE Program, as set forth in
section 10-33.01, section 10-33.02, Miami -Dade County Code. The definitions,
program components, subcontractor goals, contract measures, certification
requirements, enforcement, and administrative remedies from section 10-33.02,
of the Miami -Dade County Code, as amended, are deemed as being
incorporated by reference herein.
(2) Five percent (5%) of the bid amount shall be retained by the city for the GSB€
SBE participation requirements until said requirements are fulfilled and verified
by the city manager or authorized designee as being fulfilled within six
months of contract completion; failure to satisfactorily meet, document, and
present to the city manager or authorized designee the GerAFFIURity Small
BUSiRess Est rise'"GSBE"` SBE requirements within six months of contract
completion shall result in the forfeiture of the retained amount to the city. This
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Enactment Number: 14007
five percent 5( %) retainage is included within the ten percent 1( 0%) retainage
normally withheld by the city.
(3) The respondent selected as the contractor shall have a third party
independently verify and certify compliance with these requirements on a
quarterly basis. Said third party shall be unaffiliated with the respondent and be
properly licensed under the provisions of F.S. Chs. 454, 471, 473, or 481. The
person performing the verification shall have a minimum of two (2) years of
prior professional experience in contracts compliance, auditing, personnel
administration, or field experience in payroll, enforcement, or investigative
environment. The cost for this verification and certification shall be included in
the related contract costs.
GGITIMURity s+Y+a'„-b s ss elite se ("�") SBE requirements shall apply only to
contracts with a contract value greater than $100,000.00 and with an on -site labor
component greater than or equal to 2-a twenty-five percent 2( 5%) of the contract value.
These SSBE SBE requirements shall apply to any competitively procured contract
under this section unless:
■ It meets one of the exclusion provisions noted above;
■ The city manager or designee deems the requirements unfeasible prior to
issuance of the competitive selection document in which case the requirements
of this section will be stated as not being applicable in the competitive selection
document;
■ It is disallowed by federal or state law;
■ Funding sources require alternate, contradictory, or specifically exclude GSBE
SBE participation requirements;
■ These requirements are waived by the city commission by resolution, prior to
issuance of the competitive solicitation document, upon written
recommendation of the city manager or manager's designee, when the
commission finds this is to be in the best interest of the city, in which case the
requirements of this section will be stated as not being applicable in the
competitive selection document.
(f) Local workforce participation requirements.
(1) Except where state or federal law, regulations, or grant requirements mandate
to the contrary, and subject to reservations or limitations provided in state,
federal, or city laws, regulations, or grant requirements, respondents must
employ the following minimum percentage requirements for on -site labor from
persons residing within Miami -Dade County (an individual whose primary place
of residence is within Miami -Dade County), for the duration of the project. City
construction contracts with a construction cost of up to $250,000.00 shall have
no local workforce participation requirement. Construction contracts with a
construction cost of $250,000.00 or more but less than $500,000.00 shall have
a minimum local workforce participation requirement of ten percent 1( 0%).
Construction contracts with a construction cost of $500,000.00 or more but less
than $750,000.00 shall have a minimum local workforce participation
requirement of 4-5 fifteen percent 1( 5%). Construction contracts with a
construction cost of $750,000.00 or more but less than $4,000,000.00 shall
have a minimum local workforce participation requirement of 29 twenty percent
2( 0%). Construction contracts with a construction cost of $4,000,000.00 or
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File ID: 8867
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more shall have a minimum local workforce participation requirement of 48 forty
percent 4( 0%). "Construction costs" as referenced herein shall mean the total
or estimated cost to the owner of all elements of the project being awarded,
including, at current market rates, (with reasonable and customary allowance
for overhead and profit), the costs of labor and materials, and any equipment or
supplies that have been specified in the competitive solicitation document, but
not including compensation for the architect, engineer, landscape architect,
surveyor, mapper, or similar professional consultants. Local workforce
participation requirements must be met by new hires and "laborer" as
referenced herein shall mean a person as defined by F.S. § 713.01, who is
retained by the contractor. All local workforce participation percentage
requirements listed above shall be applied on the construction project's on -site
labor force. The contractor shall strive to employ a minimum of 58 fifi percent
5( 0%) of the aforementioned minimum local workforce participation percentage
requirements from within the city commission district where the project is
located (e.g., if the project is in District X and the minimum local participation
percentage requirement is ten percent 1( 0%) then the contractor shall make its
best efforts to employ a minimum of five percent � of the required local
workforce from District X). The county residency of the onsite labor component
will be subject to verification by the issuing department.
(2) Five percent (5 of the bid amount shall be retained by the city for the local
requirements until said requirements are fulfilled and verified by the city
manager or authorized designee as being fulfilled within three (3) months of
contract completion. Failure to satisfactorily meet, document, and present to the
city manager or authorized designee the local workforce participation
requirements within three months completion after the project has reached final
completion, shall result in the forfeiture of the retained amount to the city. This
five percent (5 retainage is included within the ten percent 1( 0%) retainage
normally withheld by the city and will comply with percentages specified in F.S.
§ 218.735.
(3) For contracts with a bid amount between $1,000,000.00 and $2,000,000.00, the
contractor shall be required to hold one (1) job fair within the local community
for the purpose of encouraging local workforce participation. For contracts with
a bid amount greater than $2,000,000.00, the respondent shall be required to
hold two job fairs within the local community for the purpose of encouraging
local workforce participation. The contractor shall coordinate job fairs and hiring
initiatives with South Florida Workforce or a similar state chartered regional
workforce development board acceptable to the city manager.
(4) Bid and proposal documents to which a local workforce participation
requirement goal has been applied shall require the contractor to develop and
submit to the city, within 38 thirty 30 days of notification of award of the
construction contract, a workforce plan (plan) outlining how the goal will be met
and containing the following information and elements required by this section.
The plan shall specify the total number of persons that will be used by the
contractor, broken down by trade and labor category, minimum qualifications
for each category, and the number of persons to be utilized in each category.
The plan shall identify by name, address, and trade category of all persons
proposed to perform work under the contract currently on the contractor's
payroll or positions to be hired by the contractor, who reside within Miami -Dade
County. The city will not enter into the contract until it receives the contractor's
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plan and deems the plan acceptable. An updated plan shall be submitted to the
city's project manager monthly. If during the contract period a new hire or a
person identified in the plan as meeting the local workforce participation
requirement goal is replaced, the city may require the contractor to immediately
identify the replacement. Notwithstanding anything to the contrary above, the
contractor may be relieved from the requirements of this provision, in part or in
whole, if such contractor can demonstrate that it has utilized its best efforts to
achieve the goal in accordance with the prescribed provisions under this
section.
(5) The respondent shall have a third party independently verify and certify
compliance with these requirements on a quarterly basis. Said third party shall
be unaffiliated with the respondent and be properly licensed under the
provisions of F.S. Ch. 454, 471, 473, or 481. The person performing the
verification shall have a minimum of two (2) years of prior professional
experience in contracts compliance, auditing, personnel administration, or field
experience in payroll, enforcement, or investigative environment. The cost for
this verification and certification shall be included in the related contract costs.
The city shall consider the contractor's adherence to the city's local workforce
participation requirements within the past three (3) years in making any future contract
awards to which this section applies. The solicitation documents will include the
contractor's past compliance with these requirements of the city.
Local participation requirements shall apply only to public works or capital
improvements contracts with a contract value greater than $250,000.00 and with an
on -site labor component greater than or equal to 2-a twenty-five percent 2( 5%) of the
contract value.
These local workforce participation requirements shall apply to any competitively
procured contract under this section unless:
■ It meets one of the exclusion provisions noted above;
■ The city manager or designee deems the requirements unfeasible prior to
issuance of the competitive solicitation document, in which case the
requirements in this section will be stated as not being applicable in the
competitive solicitation document;
■ It is disallowed by federal or state law or grant requirements;
■ Funding sources require alternate, contradictory, or specifically exclude or
disallow local workforce participation requirements;
■ These requirements are waived by the city commission by resolution, prior to
issuance of the competitive solicitation document, upon written
recommendation of the city manager or manager's designee, when the
commission finds this is to be in the best interest of the city, in which case the
requirements of this section will be stated as not being applicable in the
competitive selection document.
(q) Contractor Work Performance Evaluation System ("Contractor Evaluation System")
(1) Firms, entities, or persons addressed in Section 18-89 of the City Code who are
performing construction work, public works, or capital improvements for the City
or any City agency or instrumentality will be subject to the following contractor
Evaluation System. The City, through appropriate staff selected by the City
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Manager or the City agency or instrumentality through appropriate staff
selected by the director of the using agency or instrumentality, will utilize
established regulations to evaluate construction contracts for all projects
subject to competitive solicitations under Section 255.20, Florida Statutes, as
provided herein and/or all construction work awarded by the City Commission
or a using agency or instrumentality pursuant to the City Code. The staff
evaluating the contract must include the City's or using agency's project
manager(s) and/or task manager(s) and must include any owner's
representative who acted for the City or the using agency or instrumentality. At
the option of the City Manager or the director of the using agency or
instrumentality or their designees, the project manager(s) and/or task
manager(s) may also serve on the staff evaluation group. This Contractor
Evaluation System will consider the contractor's performance for the entire
length of the contract and goods and services provided or produced by the
contractor including any change orders. A copy of the completed evaluation
shall be provided to the contractor's construction manager or superintendent,
the Chief Procurement Officer or designee, and the City Manager or using
agency or instrumentality director who executed the agreement. A final
composite evaluation of the contractor's contract performance shall be
developed by combining all the contractor's evaluations for the full length
(duration) of the contract. The contractor's work performance on each
construction contract must be evaluated by the using agency's project
manager(s) and/or task manager(s). A work performance grade of 1 through 5
for each major type of construction project (i.e. vertical, horizontal, electrical,
etc.) shall be based on an evaluation of the schedule, including milestone
dates, management, and quality. The schedule rating shall be based on
contractor's compliance with the contract schedule and contract budget. The
management rating shall be based on an evaluation schedule with one
evaluation at fifty percent (50%) completion, a second evaluation at or about
seventy five percent (75%) substantial completion, and a final evaluation upon
contract close out. The management rating shall be based on the contractor's
ability to manage all necessary project resources, contract schedule, and
contract budget. The quality rating shall be based on the contractor's attention
and concern to the established quality control plan and product quality. The
project manager shall assign the quality rating to any subcontractor named in
the agreement or its exhibits for any major type of work performed. For all
construction work that results from construction plans, a constructability rating
shall also be assigned. The constructability rating shall be based on the
contractor's ability to develop practical, accurate, complete, and cost-effective
staffing, materials, supplies, equipment, satisfactory work progress, and
scheduling.
(2) The rating system for all work types shall be on a 1 to 5 rating with 1 equating
with poor performance and 5 representing outstanding performance.
Each contractor in a prequalified pool will be evaluated at the end of each
contract year considering all previous project evaluations and any vendor non-
performance for that contract year.
(4) The Chief Procurement Officer is authorized to administratively promulgate and
implement evaluation regulations. Such regulations and any amendments will
be reported to the City Manager, City Attorney, Mayor, and members of the City
City of Miami Page 14 of 17 File ID: 8867 (Revision: A) Printed on: 6/23/2021
File ID: 8867
Enactment Number: 14007
Commission in writing. Such regulations may fully effectuate all the procedures
for this Section and shall be consistent with the Procurement Code.
(5) Contractors with poor project evaluations are subject to the possibility of a
suspension, termination, or debarment imposed by the City in accordance with
the procedures set forth in Section 18-107 of the City Code and the evaluation
regulations.
(6) Furthermore, contractor's previous City evaluations for the prior three (3) years
shall be considered at the time of prequalification in any City construction
contractor pool or for stand-alone projects for which that Contractor is
submitting a bid or proposal.
Sec 18-123 Qualitv Control Plan for Consultants and Contractors.
(1) Consultants.
(a) Quality control is the process performed to ensure conformance by
consultants to valid requirements by industry standards. This process
includes quality planning, training, providing clear decisions and
directions, constant supervision, immediate review of completed activities
for accuracy and completeness, and documenting all decisions,
assumptions, and recommendations. There are three (3) main objectives
of a Quality Control Plan ("QCP"):
To provide a mechanism by which all products of consultants, as
applicable, will be subject to a systematic and consistent review to
ensure that the final product will be substantially error free.
To provide for a well -documented design process. A properly
documented project file should support major decisions made during
the project development and design as well as provide a record of the
QCP.
To provide feedback from the reviews and communication that will
assist consultants in improving the design process.
(b) All plans, specifications, and estimates for City public works or capital
improvement projects prepared by either in-house City professional staff
or by external consultants will be prepared in accordance with a
documented QCP.
(c) The City's Department of Resilience and Public Works and the Office of
Capital Improvements are authorized to administratively develop and
promulgate a QCP.
(d) This QCP will provide guidance to the architect or engineer of record and
promote communication between consultants, contractors, and vendors,
as applicable, and the City's staff.
e) The architect or enaineer of record. in coniunction with the Citv's Droiect
managers, is responsible for ensuring all project components are
economical, accurate, coordinated, checked, and in conformity with valid
requirements pursuant to industry standards. City project managers are
encouraged to randomly visit their consultants' offices for unannounced
aualitv assurance reviews to ensure compliance with the consultant's
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project specific QCP. Consultants shall be cooperative during any such
visits.
(f) Any failures by the consultant in the QCP shall be noted by the City's
project manager in the consultant's work performance evaluation.
Pursuant to Section 18-87(r) of the City Code, consultants with poor
project evaluations are subject to the possibility of a suspension,
termination, or debarment imposed by the City in accordance with the
procedures set forth in Section 18-107 of the City Code and the
evaluation regulations.
(2) Contractors.
(a) During the construction phase of capital improvement projects, contractors in
coordination with City project managers and the architect/engineer of record
will develop a QCP. This plan will detail the qualified personnel, facilities,
production facilities, and the means and methods the contractor intends to use
to ensure that the work complies with the contract documents. The
contractor's QCP will follow the basic guidelines established by the City's staff
from the Department of Resilience and Public Works and/or the Office of
Capital Improvements that are generally applicable to any public works or
capital improvement protects.
(b) The contract documents will dictate the requirements of the contractor's QCP.
As a result, the contractor shall be responsible for all quality control -related
inspections over applicable materials. The construction engineering and
inspection CCU') personnel, therefore, shall have the primary function of
monitorina the contractor's level of compliance with the contract documents.
(c) The City's Department of Resilience and Public Works and the Office of
Capital Improvements are authorized to administratively develop and
promulgate a QCP.
(d) In -person quality assurance inspections of work in progress are also required.
These inspections should be on an as -needed basis and as required by the
QCP. These inspections are typically less frequent than quality control
inspections. Quality control inspections of materials or inspection activities not
covered by the contractor's QCP must be performed by CEI personnel.
(e) Quality Assurance. CEI personnel must determine the adequacy of the
contactor's QCP in meeting the requirements of the contract documents. If the
requirements of the contract are not being met by the contractor's QCP, the
City's project manager and/or other City staff involved in the project must be
notified. The CEI should always document instances of QCP failures in
meeting the requirements of the contract documents. These instances should
also be discussed at work progress meetings.
(f) Quality Control. It is the CEI's responsibility to ensure compliance with the
contract documents through direct observation of construction operations,
examination of completed construction, sampling and testing of materials, and
review of records to verify compliance with instructions for those records. It is
also the CEI's responsibility to produce the required performance records.
Performance of these responsibilities requires training, preparation,
observation of field operations, and record keeping.
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(q) Any failures by the contractor in the QCP shall be noted by the City's project
manager in the contractor's work performance evaluation. Pursuant to Section
18-89(g) of the City Code, contractors with poor project evaluations are
subject to the possibility of a suspension, termination, or debarment imposed
by the City in accordance with the procedures set forth in Section 18-107 of
the Citv Code and the evaluation reaulations.
*„
Section 3. If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1 1
i ria i ndez, ity Attor ey 4/13/2021 i ria i �ndez, ify Attor ey 511712021
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 17 of 17 File ID: 8867 (Revision: A) Printed on: 6/23/2021