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City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www,miamigov,com
File ID: 08-01316
Enactment #: 13045
Version: 2
Type: Ordinance Status: Passed
Enactment Date: 12/11/08
Introduced: 11/3/08 Controlling Body: Office of the City
Clerk
AN ORDINANCE OF TIIE 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 1I1 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)
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"CHAPTER 18
FINANCE
ARTICLE, IIT, CiTY OF MIAMI PROCUREMENT ORDINANCE
* **
See. 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 Projects 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 Cade"), 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
(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
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(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 e 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.
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)
file:///Sl/Riverside/Capital%20lmprovement%20Program/Legislation/2014/8-Sept-29-2014/Expedite%200rdinance/Ordinance%2013045.htm[9/11/2014 3:58:13 PM]
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Cap lac. 5Q.en•I- e' •
ECONOMIC STIMULUS
Expedite Legislation
Attachment "A"
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k'W-.fit
_
_—
8•50680
Ademar and Davie Canal Dredging Project
^�
8-50668
North Bayshore Drive Drainage Improvements
8-30514
North Bayshore Drive Operational Improvements
B-30345
Calle Oche Landscaping Project
B-30222
Calle Ocho Improvements, Part I
13-78509
Calle Ooho improvements, Part2
B-30247
Dinner Key Dredging and Mitigation
B-33511
Dinner Key Mooring Field Project
13-30325
Miamarina Emergency Pler Repairs
B•40643A
North Spring Garden Greenway improvements
8-30172A
Roberto Clemente Park Recreation Building Renovation
B-3022 J •
Robert King High Park Soccer Field
B-35866
Robert King High Park New Building Construction
8-30305B
Gibson Park New Construction
. 8-30182A
Demolition of Convention Center and Landscaping of Site
' 8-75991
Williams Park Improvements
8-30628
Bird Ave Road Improvement
B•30627
Coral Gate Wail
8-60474A
Dinner Key Marina Pier No, 3 Repairs
King Heights Manor Rehabilitation
B-35863A
Hadley Park Youth Center & Field Improvements
13-35587
Moore Park Master Plan and New Building
M
Meireese Golf Training Center
?
General Roadway and Construction Contracts
Miscellaneous Architectural Services
Miscellaneous Survey Services
Miscellaneous Traffic Study Services
Miscellaneous Civil En ineering Services
ECONOMIC STIMULUS
Expedite Legislation
Attachment A
4B-50580 Ademar and Davis Canal Dredging Project
B-50658 Bayshore Drive Drainage improvements
B-30514 North : _a hwe ;Drive Operational impmvements
B-30345 Calie Echo nciscaping Project
B 3D222 Calif Oct oo im ls, Part
1r'785O9
B-30247
B-33511
8--30325
B 40643A
8-30172A
8-30222
6-35868
B-30305B
-1-30152A
S-75991
B-301628
8-30627
Calle Cobol s, Part 2
Dinner Key Dredging andation
Dinner Key Mooring Field mole`
Mia narina Emergency Pier Repairs
North Spring Garden Greenway lmpravern
Roberta Clemente Park Recreation Building aton
Robert King High Park SoccarField
Robert King High Park New Building Construcilon
Gibson Park New Construction
Demolition of Convention Center and Landscaping of Site
Williams Park improvements
Bird Ave Road improvement
Coral Gate Wall
Ki ng Heights Manor Rehabilitation
,B-35883A Improvements Hadley Park Youth Center & Reid irrrpravennerris
B-35887 Moore Park Master Plan and New Building
Melreese GoifTrainin . Center
General Roadway and Construction Contracts
Miscellaneous Architectural Servic as
Miscellaneous Survey Services
Miscellaneous Traffic Study Services
Miscellananr+4 Civil Engineering Services
ECONOMIC STIMULUS
Expedite Legislation
Attachment "A" - 9/10/14 (REVISED)
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Ct NSTR1,1_CTJ N (includes d 's�iggAbt 1) < , r�`,P. -
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7 - ,-r` .
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B-30724
NW'33rd Street Roadway Improvement Project - D1
1
added- upcoming solicitation
B-40456
Antonio Maceo Community Building
1
added- upcoming solicitation
0-40457
Kinloch Park Building Addition
1
added- upcoming solicitation
B-30182A
Coconut Grove Waterfront Master Plan (Regatta Park)
2
added- upcoming solicitation
B-30628
Bird Avenue
2
added- upcoming solicitation
B-31206
SE 3rd Street Improvements (Design -Build)
2
added- upcoming solicitation
13-30687
Coconut Grove Business Improvement District Sidewalk Imp.
2
added- upcoming solicitation
B-30646
South Bayshore Drive Roadway and Drainage Improvements
2
added- upcoming solicitation
B-30835
South Grove Phase 2 Roadway and Drainage Improvements
2
added- upcoming solicitation
B-30606
DWNNVN Sidewalk and Street Improvements (Flagler)
2
added- upcoming solicitation
B-30731
Miami Women's Club Seawall & Baywalk
2
added- upcoming solicitation
B-50404
Shenandoah/Silver Bluff Roadway Improvement Project
4
added- upcoming solicitation
B-30011
Englewood Storm Sewer Phlll
4
added- upcoming solicitation
B-78508
NE 2 Avenue Roadway Improvements - Segments: A, B3 & D
2,5
added- upcoming solicitation
B-50643
Wagner Creek & Seybold Canal Dredging Project
1,5
added- upcoming solicitation
B-30865G
Environmental Remediation Citywide
CW
added- upcoming solicitation
B-30624
Overtown Greenway
5
added- upcoming solicitation
B-30631
Miami River Greenway-Miami Circle to S. Miami Ave
2
added- upcoming solicitation
•.
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N/A
Miscellaneous Environmental Services RFQ
GW
added- upcoming solicitation
Municode Page 1 of 2
Sec. 18-117. Economic stimulus awards and agreements.
(a)
(b)
(c)
(d)
(e)
This section, 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.
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 projects to which this section applies.
All actions taken under this section shall be subject to review by the office of strategic
planning, budgeting, and performance to ensure funding is available for each project.
Notwithstanding any other provision of the City Code, including, without limitation, the city
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:
(1) To appoint evaluation, selection and negotiation committees to obtain professional
services as defined by and in accordance with F.S. § 287.055 ("The Consultant's
Competitive Negotiation Act or CCNA") as amended, eliminating the requirements of
subsection 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.
(2) To issue bid and proposal documents including addenda thereto.
(3) To receive, open, review and evaluate bids and proposals.
The city manager may award and execute contracts including professional services
agreements and construction contracts in accordance with F.S. § 255.20 ("Local bids and
contracts for public construction works") as amended, without city commission approval and
issue the notice to proceed on each where:
(1) The award value of the contract has been reviewed approved by the office of strategic
planning, budgeting, and performance;
(2) The value of the recommended award does not exceed the estimated cost of
construction by more than ten percent;
(3) At least three bids are received from responsive and responsible bidders;
(4) 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;
(5) The contractor has submitted required insurance, bonds, affidavits, and
documentation required by the solicitation; and
(6) None of the bidders or proposers have timely filed a bid protest.
(f) 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.
(g) 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.
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(h) Contract contingency allowances of ten 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.
(I) This section shall sunset upon completion of the approved list of projects, as may be
amended unless this section is earlier repealed by the city commission.
(Ord. No. 13045, § 2, 12-11-08)
Editor's note —
The attachment referred to in this section is not set out at length herein, but is on file in the office of
the city clerk.
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