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HomeMy WebLinkAboutBack-Up from Law Dept FR (09.29.14)ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Page 1 of 2 Sec. 18-89. Contracts for public works or improvements. (a) Any public work or 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 improvements in excess of $25,000.00 shall be awarded to the lowest responsive and responsible bidder after public notice on the basis of 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, is within 15 percent 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 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 improvements which do not exceed $25,000.00 shall be awarded on the basis of competitive negotiations. (2) All contracts for public works or improvements in excess of $25,000.00 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 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 improvements awarded by the city manager. Community small business enterprise ("CSBE"). (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 Community Small Business Enterprise ("CSBE"). 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 Community Small Business Enterprise ("CSBE") 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 of the bid amount shall be retained by the city for the CSBE 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 Community Small Business Enterprise ("CSBE") requirements within six months of contract completion shall result in the forfeiture of the retained amount to the city. This five percent retainage is included within the ten percent 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 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. Community small business enterprise ("CSBE") 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 25 percent of the contract value. These CSBE 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; (e) https://library.municode.com/HTML/10933/level3/PTIITHCO CH18FI ARTIIICIMIPRO... 7/3/2014 ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Page 2 of 2 • It is disallowed by federal or state law; • Funding sources require alternate, contradictory or specifically exclude CSBE 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 a minimum of 15 percent of on - site labor from persons residing within the municipal boundaries (e.g. city limits) of the city. The city residency of the onsite labor component will be subject to verification by the issuing department. (2) Five percent of the bid amount shall be retained by the city for the 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 local workforce participation requirements within six months of contract completion, shall result in the forfeiture of the retained amount to the city. This five percent retainage is included within the ten percent retainage normally withheld by the city. (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 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. (4) 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. chs. 454, 471, 473, or 481. The person performing the verification shall have a minimum of two 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. Local participation requirements shall apply only to public works or improvements contracts with a contract value greater than $100,000.00 and with an on -site labor component greater than or equal to 25 percent of the contract value. These local 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. (Orr!. No. 12271, § 2, 8-22-02; Ord, No. 12654, § 2, 2-10.05; Ord. No. 12780, § 2, 3-9-06; Ond No. 13275, § 2, 7-14-11; Ord. No. 13331, § 2, 7-26-12; Ord. No. 13332, § 2, 7 -26-12) https://library.municode.corn/HTML/10933/level3/PTIITHCO CH18FI ARTIIICIMIPRO... 7/3/2014 ,Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 3 Select Year: L2013 The 2013 Florida Statutes Title XL Chapter 713 View Entire Chapter REAL AND PERSONAL PROPERTY LIENS, GENERALLY 713.01 Definitions. —As used in this part, the term: (1) "Abandoned property" means all tangible personal property that has been disposed of on public property in a wrecked, inoperative, or partially dismantled condition. (2) "Architect" means a person or firm that is authorized to practice architecture pursuant to chapter 481 or a general contractor who provides architectural services under a design -build contract authorized by s. 481.229(3). (3) "Claim of lien" means the claim recorded as provided in s. 713.08. (4) "Clerk's office" means the office of the clerk of the circuit court of the county in which the real property is located. (5) "Commencement of the improvement" means the time of filing for record of the notice of commencement provided in s. 713.13. (6) "Contract" means an agreement for improving real property, written or unwritten, express or implied, and includes extras or change orders. (7) "Contract price" means the amount agreed upon by the contracting parties for performing all tabor and services and furnishing all materials covered by their contract and must be increased or diminished by the price of extras or change orders, or by any amounts attributable to changes in the scope of the work or defects in workmanship or materials or any other breaches of the contract; but no penalty or liquidated damages between the owner and a contractor diminishes the contract price as to any other lienor. If no price is agreed upon by the contracting parties, this term means the value of all labor, services, or materials covered by their contract, with any increases and diminutions, as provided in this subsection. Allowance items are a part of the contract when accepted by the owner. (8) "Contractor" means a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it, or who takes over from a contractor as so defined the entire remaining work under such contract. The term "contractor" includes an architect, landscape architect, or engineer who improves real property pursuant to a design -build contract authorized by s. 489.103(16). (9) "Direct contract" means a contract between the owner and any other person. (10) "Engineer" means a person or firm that is authorized to practice engineering pursuant to chapter 471 or a general contractor who provides engineering services under a design -build contract authorized by s. 471.003(2)(i). (11) "Extras or change orders" means labor, services, or materials for improving real property authorized by the owner and added to or deleted from labor, services, or materials covered by a previous contract between the same parties. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_ Statute&Search String=... 7/3/2014 .Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 3 (12) "Final furnishing" means the last date that the lienor furnishes labor, services, or materials. Such date may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of final completion, and does not include correction of deficiencies in the lienor's previously performed work or materials supplied. With respect to rental equipment, the term means the date that the rental equipment was last on the job site and available for use. (13) "Furnish materials" means supply materials which are incorporated in the improvement including normal wastage in construction operations; or specially fabricated materials for incorporation in the improvement, not including any design work, submittals, or the like preliminary to actual fabrication of the materials; or supply materials used for the construction and not remaining in the improvement, subject to diminution by the salvage value of such materials; and includes supplying rental equipment, but does not include supplying handtools. The delivery of materials to the site of the improvement is prima facie evidence of incorporation of such materials in the improvement. The delivery of rental equipment to the site of the improvement is prima facie evidence of the period of the actual use of the rental equipment from the delivery through the time the equipment is last available for use at the site, or 2 business days after the lessor of the rental equipment receives a written notice from the owner or the lessee of the rental equipment to pick up the equipment, whichever occurs first. (14) "Improve" means build, erect, place, make, alter, remove, repair, or demolish any improvement over, upon, connected with, or beneath the surface of real property, or excavate any land, or furnish materials for any of these purposes, or perform any labor or services upon the improvements, including the furnishing of carpet or rugs or appliances that are permanently affixed to the real property and final construction cleanup to prepare a structure for occupancy; or perform any labor or services or furnish any materials in grading, seeding, sodding, or planting for landscaping purposes, including the furnishing of trees, shrubs, bushes, or plants that are planted on the real property, or in equipping any improvement with fixtures or permanent apparatus or provide any solid - waste collection or disposal on the site of the improvement. (15) "Improvement" means any building, structure, construction, demolition, excavation, solid - waste removal, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit. (16) "Laborer" means any person other than an architect, landscape architect, engineer, surveyor and mapper, and the like who, under properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or tabor service of others. (17) "Lender" means any person who loans money to an owner for construction of an improvement to real property, who secures that loan by recording a mortgage on the real property, and who periodically disburses portions of the proceeds of that loan for the payment of the improvement. (18) "Lienor" means a person who is: (a) A contractor; (b) A subcontractor; (c) A sub -subcontractor; (d) A laborer; (e) A materialman who contracts with the owner, a contractor, a subcontractor, or a sub - subcontractor; or (f) A professional lienor under s. 713.03; http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=... 7/3/2014 .Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 3 and who has a lien or prospective lien upon real property under this part, and includes his or her successor in interest. No other person may have a lien under this part. (19) "Lienor giving notice" means any lienor, except a contractor, who has duly and timely served a notice to the owner and, if required, to the contractor and subcontractor, as provided in s. 713.06(2). (20) "Materialman" means any person who furnishes materials under contract to the owner, contractor, subcontractor, or sub -subcontractor on the site of the improvement or for direct delivery to the site of the improvement or, for specially fabricated materials, off the site of the improvement for the particular improvement, and who performs no labor in the installation thereof. (21) "Notice by lienor" means the notice to owner served as provided in s. 713.06(2). (22) "Notice of commencement" means the notice recorded as provided in s. 713.13. (23) "Owner" means a person who is the owner of any legal or equitable interest in real property, which interest can be sold by legal process, and who enters into a contract for the improvement of the real property. The term includes a condominium association pursuant to chapter 718 as to improvements made to association property or common elements. The term does not include any political subdivision, agency, or department of the state, a municipality, or other governmental entity. (24) "Perform" or "furnish" when used in connection with the words "tabor" or "services" or "materials" means performance or furnishing by the lienor or by another for him or her. (25) "Post" or "posting" means placing the document referred to on the site of the improvement in a conspicuous place at the front of the site and in a manner that protects the document from the weather. (26) "Real property" means the land that is improved and the improvements thereon, including fixtures, except any such property owned by the state or any county, municipality, school board, or governmental agency, commission, or political subdivision. (27) "Site of the improvement" means the real property which is being improved and on which labor or services are performed or materials furnished in furtherance of the operations of improving such real property. In cases of removal, without demolition and under contract, of an improvement from one lot, parcel, or tract of land to another, this term means the real property to which the improvement is removed. (28) "Subcontractor" means a person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of such contractor's contract, including the removal of solid waste from the real property. The term includes a temporary help firm as defined in s. 443.101. (29) "Sub -subcontractor" means a person other than a materialman or laborer who enters into a contract with a subcontractor for the performance of any part of such subcontractor's contract, including the removal of solid waste from the real property. The term includes a temporary help firm as defined in s. 443.101. History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 1, ch. 77-353; s. 1, ch. 80-97; s. 2, ch. 90-109; s. 1, ch. 91-102; s. 3, ch. 92- 286; ss. 120, 317, ch. 94-119; s. 800, ch. 97-102; s. 2, ch. 98-135; s. 71, ch. 99-3; s. 2, ch. 2001-164; s. 4, ch. 2001-211; s. 2, ch. 2007-221. Note. —Former s. 84.011. Copyright © 1995-2014 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_ Statute&Search String—... 7/3/2014