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Home My WebLink AboutPre-LegislationCrystal Report Viewer N Y e� � ��tlMdfdf [dtllx /til City ®f Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www•iniainigov•coni File ID: 08-01316 Type: Ordinance Status: Passed Enactment #: 13045 Enactment Date: 12/11/08 Version: 2 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 TI -CE 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 DA'L'E 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 1T ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1 • The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 18, Article III of the Code of the City of Miami, Florida, as amended, entitled "Finance/City of Miami Procurement Ordinance," is amended in the following particulars:( 1 ) rile: HIS I/Rivers ide/Capital%201 inprovement%20Program/Le gislation/2014/8-Sept•29.2014/Expedite%200rdinance/Ord inance%2013045,htm[9/11/2014 3;58:13 PM] Crystal Report Viewer "CHAPTER 18 FINANCE ARTICLE IIi, CiTY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-117. Economic Stimulus Awards and Agreements, (1) This ordinance, to be known as the Economic Stimulus Awards and Agreements, is intended to provide an expedited process to award contracts related to certain capital construction projects, identified in Attachment "A" or by City Commission Resolution, with the express purpose of stimulating the local economy, (2) The expedited process set forth herein, shall be applicable to the processing, design, and construction of capital improvement projects identified in Attachment A, The City Commission may, from time to time, by passage of resolutions, add or delete projects from the list of Economic Stimulus 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 file;///SllRiverside/Capital%201mprovement%20Program/L,egislation/2014/8-Sept-29-2014/Expedite"/o20OrdinanwlOrdinance%20I3045,htm[9/11/20143:58:13 PM) Crystal Report Viewer (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 ofthe work. Change orders will be submitted for City Commission approval if they increase the contract contingency as set forth herein. Such change orders will include a report on the draws against the initial contingency, (9) This Ordinance shall sunset upon completion of the approved list of projects, as may be amended unless this Ordinance is earlier repealed by the City Commission, ***o 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:///SI/Riverside/Capital%20Improvement%20Program/Legislation/2014/8-Sept-29-2014/Expedite%200rdinance/Ordinance%2013045.htm[9/11/2014 3:58:13 PM) '-U-- tel -'31 Y„` (�Wj ECONOMIC STIMULUS Expedite Legislation Attachment "A" -=2 8.60680 55 - WIN Ademar and Davie Canal Dredging Project 8-50668 North 8a shore brave Dralna a Im provements B-30614 North Ba share Drive Opera Im rovemenks B-30348 Calle dcho Landscaping Protect B-30222 Calle Qoho improvements, Part I B-78509 Calle dcho Improvements, Part B-30247 Dinner Key Dredging and Mih ation B-33511 Dinner Key Moor ng Fiel Project B-30326 Mlamarina Emergency Pier Repairs 8.40643A North Spring Carden i3 -r way t provements B -30172A Roberta Clemente Park Recreation Bulldln Renovation B-30229 Robert King High Park Soccer Field 13�35866 Robert King High Park Now Building Construction B-303058 Gibson Park Now Construction 8.30182A Demolition of Convention Centor and andsca In of Site B-76991 Williams Park Improvements B-30628 Bird Ave Road Im ravement B-30627 Coral Gats Wall 8-60474A Dinner Kev Marina Pier No. 3 Re alas King Manor Rehabilitetlon jeIjIts - B 35683A Hadley Park Youth Center &Field Im ravamen#s B 35867 M40r8 Park Master Plan and New Building Melreese Golf Training Center General Roadway and Construction Contracts Mlecellaneous Architectural Services Miscellaneous Survey Services Miscellaneous Traffic Study Services Mfscellaneous Civil Fn fneerin Services ECONOMIC STIMULUS Expedite Legislation Attachment "N'- 9/10/14 (REVISED) '..Names. .._ ,. t a; i)Ittici Acti4hs GtSNS R 1CT,i0H 1lclud$s t!>_'�i Abuil'. <. ; . Y. i..... `. .:. _ ,..,: _ .4:, � ' � ` B-30724 NW 33rd Street RoadwayImprovement Project - D1 1 added- u corrin solicitation B-40456 Antonio Maceo Community Building 1 added- upcoming solicitation B-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 BE 3rd Street Im rovementsDesi n -Build 2 added- upcoming solicitation 30687 Coconut Grove Business Im rovement District Sidewalk Imp. 2 added- upcoming solicitation B-30646 South Ba shore 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 DWNTWN Sidewalk and Street Improvements Fla ler 2 added- upcoming solicitation B-30731 Miami Women's Club Seawall & Ba alk 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 133 & D 2 5 added upcoming solicitation B-50643 Wagner Creek & Se bold 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 Greenwa -Miaml Circle to S. Miami Ave 2 added- upcoming solicitation N/A Miscellaneous Environmental Services RFQ I GW added- upcoming solicitation Municode Page 1 of 2 Sec. 18-117. Economic stimulus awards and agreements. (a) 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. (b) 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. (c) 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. (d) 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. (e) 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. M 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. https://library.municode.com/print.aspx?h=&clientlD=l 0933&HTMRequest=https%3a%2... 9/16/2014 Municode Page 2 of 2 (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, 12-11.06) 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, https://library.municode.conn/print,aspx?h=&clientlD=10933&HTMRequest=li: tps%3a%2... 9/16/2014