7654-06
ORDINANCE NO. 7654-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE CODE OF ORDINANCES TO ESTABLISH THE
CONSTRUCTION PROJECT DELIVERY METHOD REFERRED
TO AS "DESIGN-BUILD" AND THE PROCEDURE TO BE
FOLLOWED IN SELECTING FIRMS TO PROVIDE DESIGN-
BUILD SERVICES AND NEGOTIATING DESIGN-BUILD
CONTRACTS; AMENDING SECTION 2.541 TO ADD
DEFINITIONS AND CREATING A NEW SECTION 2.601 TO
OUTLINE PROCEDURES FOR AWARDING DESIGN-BUILD
CONTRACTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to have the option of utilizing, when applicable,
the construction project delivery method hereinafter defined and referred
to as "design-build";
WHEREAS, procedures are set forth herein to be followed in selecting firms to
provide design-build services and in negotiating design-build contracts; and
WHEREAS, the City herein fully complies with section 287.055, Florida Statutes
and the authority therein granted the City to adopt an ordinance for the award
of design-build contracts; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Division 3, Purchasing, Subdivision I, Generally, Section 2.541
Definitions of the City of Clearwater Code of Ordinances is hereby amended to add the
following definitions:
Design-build means a construction project delivery method or approach
involving a single contract for both the design and construction of a project.
Upon approval of Council, the award of a single design-build contract may, in
addition to the design and construction of the project, include the financing,
operation and/or maintenance of the project over the contractually defined period
of time.
Design-build contract means a single contract with a design-build firm for,
at a minimum, the design and construction of a public construction project.
Design-build firm means a partnership, corporation, or other legal entity
which:
(1) Is certified under section 489.119, Florida Statutes, to engage in
contracting through a certified or registered building contractor as the
qualifying agent; and
Ordinance No. 7654-06
(2) Is certified under section 471.023, Florida Statutes, to practice
engineering; certified under section 481.219, Florida Statutes, to practice
or to offer to practice architecture; or certified under section 481.319,
Florida Statutes, to practice or to offer to practice landscape architecture.
Design criteria package or the design requirements shall mean concise,
performance-oriented drawings or specifications of the public construction
project. The purpose of the design criteria package is to furnish sufficient
information so as to permit design-build firms to prepare a bid or response to a
request for proposal, or to permit the City to enter into a negotiated design-build
contract. The design criteria package shall specify such performance-based
criteria for the public construction project, including, but not limited to, the legal
description of the site; survey information concerning the site; interior space
requirements; material quality standards; schematic layouts and features,
functions, characteristics and other conceptual design criteria of the project; cost
and budget estimates for design, construction and, if applicable, operation and
maintenance; anticipated schedule(s) of design and construction components,
including durations and start and completion dates; site development
requirements; provisions for utilities; storm water retention and disposal; and
parking requirements as may be applicable to the project.
Design criteria professional means an individual or firm who holds a
current certificate of registration under F.S. Ch. 481, to practice architecture or
landscape architecture or a firm who holds a current certificate as a registered
engineer under F.S. Ch. 471, to practice engineering and who is employed by or
under contract to the City for the providing of professional architect services,
landscape architect services, or engineering services in connection with the
preparation of the design criteria package.
Section 2. Division 3, Purchasing, Section 2.601 of the City of Clearwater Code
of Ordinances, "Award of Design-Build Contracts," is hereby included as follows:
(1) Purpose. This ordinance establishes uniform rules for the procurement and
administration of design-build contracts for construction projects as
contemplated by Section 287.055, Florida Statutes.
(2) Selection of the Design Criteria Professional. The design criteria professional
shall be selected and contracted in accordance with the requirements of
Section 287.055(4) and (5), Florida Statutes, unless he or she is an employee
of the City. The design criteria professional that prepares the design criteria
package will not be eligible to render services under the design-build contract.
(3) Design Criteria Package Requirements. A design criteria package shall be
prepared for the City by the Design Criteria Professional. It shall specify
performance criteria for the project including, but not limited to, size, net
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Ordinance No. 7654-06
interior space provisions, location, material quality standards, cost,
construction schedule, site development requirements, landscaping, grading,
utility provisions for water, power, telephone, storm water disposal and
parking provisions. The purpose of the package is to furnish sufficient
information upon which firms may prepare bid proposals or upon which
negotiations may be based. The firm to whom the design-build contract is
awarded will be responsible for creation of the project design based on the
criteria in the design criteria package.
(4) Minimum Qualification Requirements for Firms Providing Design-Build
Services. Firms must be qualified pursuant to rules of qualification for bid
submittals found in Division 3, Purchasing, of the Code of Ordinances.
(5) Public Announcement Procedures. The City shall publicly request, in a
newspaper of general circulation and by posting notice at its offices,
competitive proposals from design-build firms. The request shall provide a
general description of the project and define procedures on how interested
qualified firms may apply for consideration.
(6) Certification and Competitive Selection.
(a) The City shall determine the relative ability of each firm to perform the
services required for each project. Determination of ability shall be based
on staff training and experience, firm experience, location, volume of past
contracts with the agency, financial capacity, past performance, and
current and projected workloads. In making its determination the City
shall interview no less than three firms to determine the firms' ability to
provide services and commitment to meet time and budget requirements.
(b) The City shall select no less than three nor more than six firms deemed
to be most highly qualified to perform the required services, after
considering the factors in (1) above. Each of these firms will be eligible
for consideration in accordance with subsections (g) or (h), infra.
(c) The City may determine that it is in the best interest of the City to
negotiate instead of inviting competitive proposals when:
i. The project is one with standard requirements such as an
office building or a storage warehouse; or
II. The project requires special expertise; or
iii. There is a need to complete the project on an accelerated
schedule.
(d) When the City determines in writing that an emergency exists, a firm
shall be selected by competitive negotiation under subsection (h), infra.
(7) Competitive Proposals for Design-Build Services.
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Ordinance No. 7654-06
(a) Unless negotiation is authorized, proposals will be received from those
qualified firms determined eligible under subsection (f), supra. Proposals
shall include proposed price and a conceptual design in response to the
design criteria package. The City shall establish a relative weighing
factor, that is, a maximum permissible score in the form of a percentage,
for each proposed building system component of the design criteria
package. The weighing factors shall total 1 00%. The City shall review the
conceptual design proposed by each firm and give each component a
score somewhere between zero and the maximum permissible score (the
weighing factor) for the component.
(b) The City will then total the score given for each proposed component and
divide that score into the price proposed. The quotient will be the
adjusted price. The low qualified proposer will then be that proposer
whose adjusted price is lowest. The City shall approve an award to the
firm with the lowest adjusted price and enter into a contract for the
proposed price if the price is within the project budget.
(8) Competitive Negotiation for Design-Build Services.
(a) If negotiation is authorized, the City shall select no less than three firms
in order of preference from those deemed to be most qualified to perform
the required services under subsection (e), supra. In making its
determination the City shall interview no less than three firms to
determine their relative ability to meet time and budget requirements and
to identify and establish the relative merits of each firm's approach to
managing and scheduling the project. The City will then attempt to
negotiate a contract with the most qualified firm.
(b) When authorized, the City shall negotiate and enter into a contract for
design-build services for the project with the firm authorized at
compensation determined to be fair, competitive and reasonable. In
making the determination, the City shall analyze the cost of the design-
build services required, giving full consideration to the scope and
complexity of the project. The compensation shall be on a guaranteed
maximum price basis for all costs, which shall include reimbursable costs
plus fixed lump sum fees for design, project management, overhead and
profit.
(c) Should the City be unable to negotiate a satisfactory contract with the
firm considered to be the most qualified, at a price the City determines to
be fair, competitive and reasonable, negotiations with that firm shall be
formally terminated. The City shall then undertake negotiations with the
second most qualified firm. Failing accord with the second most qualified
firm, the City shall then undertake negotiations with the third most
qualified firm.
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Ordinance No. 7654-06
(d) Should the City be unable to negotiate a satisfactory contract with any of
the selected firms, additional firms shall be selected in accordance with
the provisions of this section. Negotiations shall continue in accordance
with this section until an agreement is reached.
(e) The award of a negotiated contract shall be approved by the City.
(9) Public Emergency Exception. In the case of public emergencies, the City may
declare an emergency and authorize negotiations with the best-qualified
design-build firm available at that time. An emergency is a set of
circumstances caused by a sudden unexpected turn of events (e.g., acts of
God, riot, fires, floods, accidents or any circumstances or cause beyond the
control of the City in the normal conduct of its business) where the delay
incident to publication of the announcement and competitive proposals would
result in an immediate danger to the public health, safety or welfare or other
substantial loss to the City.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
September 7, 2006
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 71, 700n
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rrank V. Hibbard
Mayor
Approved as to form:
Attest:
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Carlos F. Colon
Assistant City Attorney
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Ordinance No. 7654-06