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HomeMy WebLinkAboutBack-Up from Law DeptChapter 255 Section 20 - 2017 Florida Statutes - The Florida Se=nate The Florida Senate 2417 Florida Statutes Title VVIII Chapter 255 PUBLIC LANDS AND PROPERTY PUBLIC PROPERTY AND PUBLICLY OWNED BUILDINGS Entire Chapter Paque 1 of 5 SECTION 20 Local bids and contracts for public construction works; specification of state -produced lumber. 233.20 Local bids and contracts for public construction works; specification of state -produced lumber.— (1) A county, municipality, special district as defined in chapter 189, or other political subdivision of the state seeking to construct or improve a public building, structure, or other public construction works must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost -accounting principles to cost more than $300,000. For electrical work, the local government must competitively' award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost -accounting principles to cost more than 573,000. As used in this section, the term "competitively awvard" means to aeyird contracts based on the submission of sealed bids, proposals submitted in response to a request for proposal, proposals submitted in response to a request for qualifications, or proposals submitted for competitive negotiation. This Subsection expressly allows contracts for construction management services, deslgn,'build contracts, continuation contracts based on unit prices, and any Other contract arrangement with a private sector contractor permitted by any applicable municipal or county ordinance, by district resolution, or by state law. For purposes of this section, cost includes the cost of all labor, e\cept inmate labor, and the cost of equipment and materials to be used in the construction of the project. Subject to the provisions of subsection (3), the county-, lilLinidi )aht)', special district, or other political subdivision may establish, b.v municipal or county ordinance or special district resolution, procedures for conducting the bidding process. (a) Notwithstanding anv other law a governmental entity seeking to construe or improve bridges, roads, streets, highways, or railroads, and services incidental thereto, at a cost in excess of 5250,000 may require that persons interested in performing work under contract first be certified or qualified to perform such work. A contractor may be considered ineligible to bid if the contractor is behind by 10 percent or more on completing an approved progress schedule for the governmental entity at the time of advertising the work. A prequalified contractor considered eligible by the Department of Transportation to bid to perform the type of work described under the contract is presumed to be qualified to perform the work described. Tlie governmental entity may provide an appeal process to overcome that presumption with de nova reviews based cin the record below to the circuit court. (b) For contractors who are not prequalified by the Department of Transportation, the governmental entity shall publish prequalification criteria and procedures prior to advertisement or notice of solicitation. Such publications must include notice of a public hearing for comment on such criteria and procedures prior to adoption. The procedures must provide for an appeal process within the authority for making objections to the prequalification process with de novo reviews based on the record below to the circuit court within 30 dans. (c) The provisions of this subsection do not apply: 1. If the project is undertaken to replace, reconstruct, or repair an existing public building, structure, or other public construction works damaged or destroyed by a sudden unexpected turn of events such as an act of God, riot, fire, flood, accident, or other urgent circumstances, and such damage or destruction creates; a. An immediate danger to the public health or safety; b. Other loss to public or private property which requires emergency government action; or c. An interruption of an essential governmental service. 2. [t, after notice by publication in accordance with the applicable ordinance nr resolution, the governmental entity does not receive anv responsive bids or proposals. https:i/tlsenate.Sgow L_a%tis;'Stauttes,2017-255.20 3 192018 Chapter 255 Section 20 -'017 Florida Statutes - The Florida Senate Pa,2e 2 of'5 3. To construction, remodeling, repair, or improvement to a public electric or gas utility system if such work on the public utility system is performed by personnel of the system. 4. To construction, remodeling, repair, or improvement by a utility commission whose major contracts are to construct and operate a public electric utilit%• system. �. If the project is undertaken as repair or maintenance of an existing public facility. For the purposes of this paragraph, the term "repair" means a corrective action to restore an existing public facility to a safe and functional condition and the term "maintenance" means a preventive or corrective action to maintain an existing public facility in an operational state or to preserve the facility from failure or decline. Repair or maintenance includes activities that are necessarily incidental to repairing or maintaining the facility. Repair or maintenance does not include the construction of any new building, structure, or other public construction works or any substantial addition, extension, or upgrade to an existing public facility. Such additions, extensions, or upgrades shall be considered substantial if the estimated cost of the additions, extensions, or upgrades included as part of the repair or maintenance project exceeds the threshold amount in subsection (1) and exceeds 20 percent of the estimated total cost of the repair or maintenance Project using generallti° accepted cost -accounting principles that fully account for all costs associated with performing and completing the work, including employee compensation and benefits, equipment cost and maintenance, insurance costs, and materials. An addition, extension, or upgrade shall not be considered substantial if it is undertaken pursuant to the conditions specifier{ in subparagraph 1. Repair and maintenance projects and any related additions, extensions, or upgrades may not be divided into multiple projects for the purpose of evading the requirements of this subparagraph. 6. If the project is undertaken exclusively as part of a public educational program. 7. If the funding source of the project will be diminished or lost because the time required to competitively award the prooject after tine funds become available exceeds the time within which the funding source must be spent. S. If the local government competitively awarded a project to a private sector contractor and the contractor abandoned the project before compietion or the local government terminated the contract. 9. If the governing board of the local government complies with all of the requirements of this subparagraph, conducts a public meeting under s. 21', '1 after public notice, and finds b%- majority vote of the governing board that it is in the public's best interest to pert. orm the project using its own services, employees, and equipment. The public notice must be published at least 21 days before the date of the public meeting at which the governing board takes Final action. The notice must identify the project, the components and scope of the work, and the estimated cost of the project using generally accepted cost -accounting principles that fully account for all costs associated with performing and completing the work, including employee compensation and benefits, equipment cost and maintenance, insurance costs, and materials. The notice must specity that the purpose for the public meeting is to consider whether it is in the public's best interest to perform the project using the local government's own services, employees, and equipment. Upson publication of the public notice and for 21 days thereafter, the local government shall make available for public inspection, during normal business hours and at a location specified in the public notice, a detailed itemization of each component of the estimated cost of the project and documentation explaining the methodology used to arrive at the estimated cost. At the public meeting, any qualified contractor or vendor who could have been awarded the project had the project been competitively bid shall be provided with a reasonable opportunity to present evidence to the governing board regarding the project and the accuracy of the local government's estimated cost of the project. In deciding whether it is in the public's best interest for the local government to perform a project using its own services, employees, and equipment, the governing board must consider the estimated cost of the project and the accuracv of the estimated cost in light of any other information that may be presented at the public meeting and whether the project requires an increase in the number of government employees or an increase in capital expenditures for public facilities, equipment, or other capital assets. The local government may further consider the impact on local economic development, the impact on small and minority business owners, the impact on state and local tax revenues, whether the private sector contractors provide health insurance and other benefits equivalent to those provided by the local government, and any other factor relevant to what is in the public's best interest. https; flsenate.gyo1✓a%rs, Statutrrs; 2017 255.20 3 192018 Chapter ?S; Section 20 - 2017 Florida StatUteS -The Florida Senate Page 3 of 5 10. If the governing board of the local government determines upon consideration of specific substantive criteria that it is in the best interest of the local go% ernment to award the project to an appropriately licensed private sector contractor pursuant to administrative procedures established by and expressly set forth in a charter, ordinance, or resolution of the local government adopted before Jule 1, 1994. The criteria and procedures must be set out in the charter, ordinance, or resolution and must be applied uniformly by the local government to avoid awarding a project in an arbitrary or capricious manner. This exception applies only if all of the following occur: a. The governing board of the local government, after public notice, conducts a public meeting under s.'�, I l and finds by a tvvo-thirds vote of the governing board that it is in the public's best interest to award the project according to the criteria and procedures established by charter, ordinance, or resolution. The public notice must be Published at least 14 days before the date of the public meeting at which the governing board takes final action. The notice must identifv the project, the estimated cost of the project, and specify that the purpose for the public meeting is to consider whether it is in the public's best interest to award the project using the criteria and procedures permitted by the preexisting charter, ordinance, or resolution. b. The project is to be awarded by any method other than a competitive selection process, and the governing board finds evidence that: (1) There is one appropriately licensed contractor who is uniquely qualified to undertake the project because that contractor is currently under contract to perform work that is affiliated with the project; or (11) The time to competitively award the project will jeopardize the funding for the project, materially increase the cost of the project, or create an undue hardship on the public health, safety, or welfare. c. The project is to be awarded by any method other than a competitive selection process, anti the published notice clearly specifies the ordinance or resolution by which the private sector contractor will be selected and the criteria to be considered. d. The pro, ect is to be awarded by a method other than a competitive selection process, and the architect or engineer of record has provided a written recommendation that the project be awarded to the private sector contractor Without competitive selection, and the consideration bv, and the justification of, the government body are documented, in writing, in the project file and are presented to the governing board prior to the approval required in this paragraph. 11. To projects subject to chapter 336, (d) If the project: 1. Is to be awarded based on price, the contract must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county or municipal ordinance or district rebolution and in accordance with the applicable contract documents. The county-, municipality, or special district may reserve the right to reject all bids and to rebid the project, or elect not to proceed with the project. This subsection its not intended to restrict the rights of any local government to reject the lots bid of a nonqualified or nonresponsive bidder and to award the contract to any other qualified and responsive bidder in accordance with the standards and procedures of any applicable county or municipal ordinance or any resolution of a special district. ? Uses a retluest for proposal or a request for qualifications, the request must be publicly advertised and the contract must be awarded in accordance with the applicable local ordinances. 3. Is subject to competitive negotiations, the contract must be awarded in accordance with s..ti-. (e) If a construction project greater than $300,000, or 575,000 for electrical work, is started after October 1, 1999, is to be performed by a local government using its own employees in a county or municipality that issues registered contractor licenses, and the project would require a contractor licensed under chapter 489 if performed by a private sector contractor, the local government must use a person appropriately registered or certified under chapter 449 to supervise the work. (t) If a construction project greater than $300,000, or $73,000 for electrical work, is started after October 1, 1999, is to be performed by a local government using its own employees in a county that does not issue registered contractor licenses, and the project would require a contractor licensed under chapter 4S9 if performed by a private sector https: `f1senate.g7o% Laws.'Statutzs.2017 255.20 319 2018 Chapter 255 Section 20 - ?017 Florida Statutes - The Florida Senate Pa47e 4 of 5 contractor, the local government must use a person appropriately registered or certified under chapter 489 or a person appropriately licensed under chapter 471 to supervise the work. (g) Projects performed by a local government using its own services and employees must be inspected in the same manner requires{ for work performed by private sector contractors. (h) A construction project provided for in this subsection may not be divided into more than one project for the purpose of evading this s-ubsection. (i) This subsection does not preempt the requirements of any small-business or disadvantaged -business enterprise program or any local -preference ordinance. (j) A county, municipality, special district as defined in s. 159 0 f2 or any other political subdivision of the state that Owns or operates a public -use airport as defined in s. 232 n'E'4 is exempt from this section when performing repairs or maintenance on the airport's buildings, structures, or public construction works using the local government's oivn services, employees, and equipment. (k) A local government that owns or operates a port identified in s. 1(9)(b) is exempt from this section when performing repairs or maintenance on the port's buildings, structures, or public construction works using the local government's own services, employees, and equipment. (1) A local government that owns or operates a public transit system as defined in s. 343 -,2, a public transportation system as defined in s. 343 ', or a mass transit system described in s. 34-).C4(1)(b) is exempt from this section when performing repairs or maintenance on the buildings, structures, or public construction works of the public transit system, public transportation ststem, or mass transit system using the local government's own services, employees, and equipment. (m) Any contractor may be considered ineligible to bid by the governmental entity if the contractor has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers' compensation, reemployment assistance or unemployment tax, social security and Medicare tar, wage or hour, or prevailing rate laws within the past 5 years. (2) The threshold amount of 5300,000 for construction or S75,000 for electrical work, as specified in subsection (1), must be adjusted b% the percentage change in the Engineering News -Record's Building Cost Index from January 1, 2009, to January t of the year in which the project is scheduled to begin. (3)(a) All county officials, boards of county commissioners, school boards, city councils, city commissioners, and all other public officers of state boards or commissions that are charged with the letting of contracts for public work, for the construction of public bridges, buildings, and other structures must specify in the contract lumber, timber, and other forest products produced and manufactured in this state, if wood is a component of the public work, and if such products are available and their price, fitness, and quality are equal. (b) This subsection does not apply: 1. To plywood specified for monolithic concrete forms. 2. 1i the structural or service requirements for timber for a particular job cannot be supplied by native species. 3. If the construction is financed in whole or in part from federal funds with the requirement that there be no restrictions as to species or place of manufacture. 4. To transportation projects for which federal aid funds are available. (4) Any qualified contractor or vendor who could have been awarded the project had the project been competitively bid has standing to challenge a local government's actions to determine if the local government has complied with this section. The prevailing party in such action is entitled to recover its reasonable attorney's fees. History. s. I, ch. 61-495; s. 1, ch. 94-177;1 s. 4, ch. 95-310; s. 5, ch. 95-34L; s. 1, ch. 99-181; s. 62 ch. 2002-20; s. 9. ch. 2003 -?3(,; s. 1, ch. 2009-210; s. 5;4, ch. 20I2-30; s. 4, ch. 201.3-193; s. 81. ch. 2014-22. littps:' flsenate.Lyo/Lativs,S.tatutes;'2017 255?0 _3 19 ?O18 Chapter '55 Section 20 - 2017 Florida Statutes - The Florida Senate Page 5 of 5 Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright u 2000- 2018 State of Florida. https:. 'tlsenate,uoi 'Gatirs, Statutes -2017 255.20 33 111'018 Miami, FL Code of Ordinances Paque l of 8 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 establish a pool of pre-quaEified 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. about:blank 320.2018 Miami, FL Code of Ordinances Page 2 of 8 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) Ail 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 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 public works and to the chief procurement officer. (7) The city manager shall submit to the city commission on a monthly basis a list aboutNank 3 `'0.'2018 iwliami. 1 I, C otic of Uidinances 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 Pauc 3 of 8 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 Communfty 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 Mfami-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 abOLIt:hlank 3 20'_018 NfMmz, 1-1. ('0dc 01 Ordinances 1'au' 4 ok 8 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; • 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. aboLit:hIank 3 20 `_'()1,4 iN,ltamt, ! 1 ( ode of Ordinances 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 shat! have a minimum local workforce participation requirement of 15 percent. 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 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 deflned 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 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. Pa,e _-� 01 8 (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 abOLIUblank i 20 2)i) 18 AIIMMz I L. t Ouic of Ordinances 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. Pauc b of 8 (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 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 pian 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) ab��ut,hltrnl: _0 _1014 Miami. 1-1, (-ode of tJidinances 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 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. Pa,e 7 of'S 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 ahout:hlank 3 10 21018 Miami, 1-L Code of Ordinances Pace 8 of 8 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; Ord. No. 13625, § 2, 9-8-16) abOLItblank 3 20 2018 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 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 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 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 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. 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 less 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 listed above shall be applied on the construction project's on-site labor force. The contractor shall strive to employ 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 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 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 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; Ord. No. 13625, § 2, 9-8-16)