HomeMy WebLinkAboutBack-Up from Law DeptMiami, FL Code of Ordinances Page 1 of 5
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 City Code 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
awardedon the basis of competitive negotiations.
(2) All contracts for public works or 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
about:blank 11/9/2015
Miami, FL Code of Ordinances Page 2 of 5
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.
(e) 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.
about:blank 11/9/2015
Miami, FL Code of Ordinances Page 3 of 5
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;
• 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 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. 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 15 percent. Construction contracts with
a construction cost of $750,000.00 or more but Tess than $4,000,000.00 shall have a minimum
local workforce participation requirement of 20 percent. Construction contracts with a
construction cost of $4,000,000.00 or more shall have a minimum local workforce
participation requirement of 40 percent. "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 Fisted above shall be
applied on the construction project's on -site labor force. The contractor shall strive to employ
about:blank 11/9/2015
Miami, FL Code of Ordinances Page 4 of 5
a minimum of 50 percent 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 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 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 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
retainage is included within the ten percent 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 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 forthe 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 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 plan and
deems the plan acceptable. An updated plan shall be submitted to the city's project manager
on a monthly basis. In the event that 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
about:blank 11/9/2015
Miami, FL Code of Ordinances Page 5 of 5
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.
The city shall consider the contractor's adherence to the city's local workforce participation
requirements within the past three 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 improvements contracts with a
contract value greater than $250,000.00 and with an on -site labor component greater than or equal to
25 percent 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.
(Ord, No. 12271, § 2, 8-22-02; Ord. No. 12654, § 2, 2-10-05; Ord. No. 12780, § 2, 3-9-06; Ord. No. 13275,
§ 2, 7-14-11; Ord. No. 13331, § 2, 7-26-12; Ord. No. 13332, § 2, 7-26-12; Ord, No, 13493, § 2, 1-22-15)
about:blank 11/9/2015