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HomeMy WebLinkAboutLegislation-SUB FRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-01316 Final Action Date: AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117, ENTITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;" ESTABLISHING MEASURES TO STIMULATE THE LOCAL ECONOMY; CREATING A PROCESS TO EXPEDITE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECTS; PROVIDING FOR CITY COMMISSION MODIFICATION OF THE LIST OF SUCH PROJECTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD SUCH CONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FOR AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION. WHEREAS, the construction industry, and the businesses that rely on the construction industry have been severely adversely impacted by the nationwide economic crisis; and WHEREAS, the local labor force has lost a substantial number of construction related jobs and local business are failing at an increasing rate; and WHEREAS, City Commission finds it necessary and appropriate and in the best interest of the City of Miami to take immediate steps to help stimulate the economy; and WHEREAS, the City Commission desires to institute procedures to expedite certain capital construction projects and professional services, identified in Attachment "A," related thereto; 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 Code of the City of Miami, Florida, as amended, entitled "Finance/City of Miami Procurement Ordinance," is amended in the following particulars:{1} "CHAPTER 18 City of Miami Page 1 of 4 Printed On: 11/12/2008 08-0040- Lejils a Novi -foe) THIS DOCUMENT IS A File Number: 08-01316 SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN FINANCE AT THE END OF THIS DOCUMENT. ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-117. Economic Stimulus Awards and Agreements. (1) This ordinance, to be known as the Economic Stimulus Awards and Agreements, is intended to provide an expedited process to award contracts related to certain capital construction projects, identified in Attachment "A" or by City Commission Resolution, with the express purpose of stimulating the local economy. (2) The expedited process set forth herein, shall be applicable to the processing, design, and construction of capital improvement projects identified in Attachment A. The City Commission may, from time to time, by passage of resolutions, add or delete projects from the list of Economic Stimulus Proiects to which this Section applies. (3) All actions taken under this ordinance shall be subject to review by the Office of Strategic Planning, Budgeting, and Performance to ensure funding is available for each project. (4) Notwithstanding any other provision of the Code of the City of Miami ("City Code"), including, without limitation, the City of Miami Procurement Ordinance, to the contrary, the City Manager or his / her designee shall have the following authority only with respect to the identified Economic Stimulus Projects: (a) To appoint evaluation, selection and negotiation committees to obtain professional services as defined by and in accordance with § 287.055 Fla. Stat., ( "The Consultant's Competitive Negotiation Act or CCNA") as amended, eliminating the requirements of Section 18-542 (12) requiring that the majority of evaluation committee be from the public, and provided that each such committee should contain, whenever possible , representation from the user department. (b) To issue bid and proposal documents including addenda thereto. (c) To receive, open, review and evaluate bids and proposals. (5) The City Manager may award and execute contracts including professional services agreements and construction contracts in accordance with § 255.20, Fla. Stat. , ("Local bids and contracts for public construction works")as amended, without City Commission approval and issue the Notice to Proceed on each where: (a) The award value of the contract has been reviewed approved by the Office of Strategic Planning, Budgeting, and Performance; and (b) The value of the recommended award does not exceed the estimated cost of construction by more than ten (10) percent; and City of Miami Page 2 of 4 Printed On: 11/12/2008 File Number: 08-01316 (c) At least three bids are received from responsive and responsible bidders; and (d) The contractor or professional services firm receiving the award is in good standing with the City including but not limited to having no outstanding debts to the City and proves demonstrated acceptable past performance, and (e) The contractor has submitted required insurance, bonds, affidavits, and documentation required by the solicitation; and (f) None of the bidders or proposers have timely filed a bid protest (6) The city manager shall submit to the city commission, on a bi-monthly 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. (7) Excepting for the execution of contracts, the city manager may delegate his or her duties under this section to the director of the capital improvements programs, the chief procurement officer or the administrative head of the user agency. All contracts awarded under this section shall be in a form acceptable to the City Attorney. (8) Contract contingency allowances of ten (10) percent for Economic Stimulus Projects will be utilized to minimize disruptions in the flow of the work. Change orders will be submitted for City Commission approval if they increase the contract contingency as set forth herein. Such change orders will include a report on the draws against the initial contingency. (9) This Ordinance shall sunset upon completion of the approved list of projects, as may be amended unless this Ordinance is earlier repealed by the City Commission. * *II Section 3. If any section, part of a 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: JULIE O. BR CITY ATTORNEY THIS DOC p \IENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 3 of 4 Printed On: 11/12/2008 File Number: 08-01316 Footnotes: {1} 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. {2}This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 4 of 4 Printed On: 11/12/2008 SUBSTITUTED City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamlgov.com Number: 0$-01316 Final Action Date: A ' ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), AM DING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLOR A, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINA• CE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117, ENTITLE P "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;" ESTABLISH G MEASURES TO STIMULATE THE LOCAL ECONOMY; CREATING A ' -OCESS TO EXPEDITE THE AWARD OF PROFESSIONAL SERVICES AG' • EMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL IMPRO • MENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT "A," TTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECT • PROVIDING FOR CITY COMMISSION MODIFICATION OF THE LIST OF SUCH • ROJECTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEI , REVIEW, REJECT, EVALUATE AND AWARD SUCH CONTRACTS; ESTABLISHI PROCEDURES AND LIMITATIONS FOR AWARDS; AUTHORIZING THCITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE TO THE Y ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN E ECTIVE DATE AND A SUNSET PROVISION. WHEREAS, the construction industry, and the • sinesses that rely on the construction industry have been severely adversely impacted by the nationw e economic crisis; and WHEREAS, the local labor force has lost a substanti. number of construction related jobs and local business are failing at an increasing rate; and WHEREAS, City Commission finds it necessary and appropr - e and in the best interest of the City of Miami to take immediate steps to help stimulate the economy; a WHEREAS, the City Commission desires to institute procedur - to expedite certain capital construction projects and professional services, identified in Attachment ' " related thereto; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION 0 THE CITY OF MIAMI, FLORI DA: Section 1. The recitals and findings contained in the Preamble to this Ordina are adopted by reference and Incorporated as if fully set forth in this Section. Section 2. Chapter 18, Article III of the Code of the City of Miami, Florida, as ame •ed, entitled "Finance/City of Miami Procurement Ordinance," is amended in the following particulars:{1} City of Miami "CHAPTER 18 Page 1 of 4 Printed On7 11/6/7008 SUBSTITUTED File Number. 08-01316 FINANCE ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE • • Sec. 18-117. conomic Stimulus Awards and Agreements, 1 This ordina a to be known as h- Economic Stimulus Awards and Agreements, is intended to provide an expel ,=d process to award contracts related to certain capital construction protects, identified in Attachm: t "A" or py City Commission Resolution, with the express purpose of stimulating the local economy. (2) The expedited pre • . set forth herein, shall be a_gglicable to the processing, design and construction of capital impr• ement projects identified in Attachment A. The City Commission may from time to time, by passage of resolutions, add or deleteproiects from the list of Economic Stimulus Projects to which this Section ap 'lies. (3) All actions taken under this ordin- ce shall be sublect to review by the Office of Strategic Planning, Budgeting, and Performance tg ensir- ndinq is available for each project. (4) Notwithstanding any other provision • the Code of the City of Miami ("City Code") including, without limitation, the City of Miami Procur-gent Ordinance, to the contrary, the City Manager or his / her designee shall have the following authori , only with respect to the identified Economic Stimulus Projects: (a) To appoint evaluation selection and negotia'•n committees to obtain professional services as defined by and in accordance with § 287,0-• Fla. $tat„ ( "The Consultant's Competitive Negotiation Act or CCNA") as amended, elimin- 'rig the requirements of Section 18-542 (12) requiring that the majority of evaluation committee p - from the publip, and provided that each such committee should contain, whenever possible , : presentation from the user department, (b) To issue bid and proposal documents including addenda ereto. (c) To receive, open, review and evaluate bids and proposals. (5) The City Manager may award and execute contracts including pro -ssional services agreements and construction contracts in accordance with § 255.20, Fla. Stat. , ("h•cal bids and contracts for public construction works")as amended, without City Commission approv. and issue the Notice to Proceed on each where: (a) The award value of the contract has been reviewed approved by th Office of Strategic Planning, Budgeting, and Performance; and (b) The value of the recommended award does not exceed the estimated cost of . onstruction by more than ten (10) percent; and City of Miami Page 2 of 4 Printed On: 11/6/200: SUBSTITUTED File Number: 08-01316 (c) At least three bids are received from responsive and responsible bidders. and The contractor or profess_ipnal services firm receiving the award is in good standing with the City inclustirrq but not limited to having no outstanding debts to the City and proves remonstrated acceptable past performance, and (e) T - contractor has submitted required insurance, bonds, affidavits, and documentation required by the Solicitation: and (f) None oft e bidders or proposers have timely filed a bid protest (61 The city manager •hail submit to the city commission, on a bi-monthly basis, a fisting of any contracts including the ames of the firms, the names of the proiects, and the amount of compensation of any gontr- , is the city manager has awarded under this section. (7) Excepting for the execution •f contracts, the city manager may delegate his or her duties_ under this section to the director of the c-.ital improvements programs, the chief procurement officer or the administrative head of the user aq= cv. (8) Contract contingency allowances • en (74)percent for Economic Stimuluspro{ects will be utilized to minimize disruptions in the flow of th= work. Change orders will be submitted for City Commission approval if they increase the contract con ' qency as set forth herein. Such change orders will include a report on the draws against the initial cQnt .gency. (9J This Ordinance shall sunset upon completio •f the approved list of protects, as may be amended unless this Ordinance is earlier repealed by the C , Commission. • 40, Section 3. If any section, part of a section, paragraph, c use, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance s - Ii not be affected. Section 4. This Ordinance shall become effective thirty (30) thereof. {2} APPROVED AS TO FORM AND CORRECTNESS' JULIE O. BRU CiTY ATTORNEY Footnotes: City of Miami s after final reading and adoption Page 3 of 4 Printed On: 11/6/2 SUBSTITUTED File Number. 08-01316 {1) Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall 'e added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate o ,fitted and unchanged material. {2) is Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days om the date it was passed and adopted. If the Mayor vetoes this Ordinance, It shall become effectiv= immediately upon override of the veto by the City Commission or upon the effective date stated he -in, whichever is later. City of Miami Page 4 of 4 Printed Dn. 11/6/2 8