expedited captial projects ordinance

8/8/2019 Expedited Captial Projects Ordinance

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City HallCity of Miami 3500 Pan AmericanDriveMiami, FL 33133Legislation www.miamigov.comOrdinance

File Number: 08-01316 Final Action Date:

AN ORDINANCE OF THE 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 PROCUREMENTORDINANCE," 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 PROFESSIONALSERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAINCAPITAL IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER INATTACHMENT "A," ATTACHED AND INCORPORATED, AS ECONOMICSTIMULUS PROJECTS; PROVIDING FOR CITY COMMISSION MODIFICATIONOF THE LIST OF SUCH PROJECTS; AUTHORIZING THE CITY MANAGER TOADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD SUCHCONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FORAWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN AFORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A SEVERABILITYCLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION.

WHEREAS, the construction industry, and the businesses that rely on the construction industryhave been severely adversely impacted by the nationwide economic crisis; and

WHEREAS, the local labor force has lost a substantial number of construction related jobs andlocal business are failing at an increasing rate; andWHEREAS, City Commission finds it necessary and appropriate and in the best interest of the Cityof Miami to take immediate steps to help stimulate the economy; andWHEREAS, the City Commission desires to institute procedures to expedite certain capitalconstruction 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 byreference 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}

"CHAPTER 18

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TH r DOCUMENT I A_ 8 _ k _ N _ u _ m _ b _ e _ r _ O _ 8 _ ~ _ ' _ 3 _ ' 6 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ S U B T I T U T I O N T O O ~ G ~ A L BACKUP. O ~ G I AL CAN BE SEENFINANCE AT TIlE END OF THlS DOCUMENT.* * *

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 toprovide 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 stimulatingthe local economy.(2) The expedited process set forth herein, shall be applicable to the processina. desian. andconstruction 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 StimulusProjects 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 Code"), 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 StimulusProljects:

(a) To appoint evaluation, selection and negotiation committees to obtain professional services asdefined by and in accordance with 287.055. Fla. Stat.. ( "The Consultant's CompetitiveNegotiation Act or CCNA") as amended, eliminating the requirements of Section 18-542 (12)requiring that he majority of evaluation committee be from the public, and provided that eachsuch 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 agreementsand construction contracts in accordance with 255.20, Fla. Stat. , ("Local bids and contracts forpublic construction works")as amended, without City Commission approval and issue the Notice toProceed on each where:(a) The award value of the contract has been reviewed approved by the Office of StrategicPlanning, Budgeting, and Performance; and(b) The value of the recommended award does not exceed the estimated cost of construction bymore than ten (10) percent; and

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File Number: 08-01316

(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 theCity including but not limited to having no outstanding debts to the City and provesdemonstrated acceptable past performance, and(e) The contractor has submitted required insurance, bonds, affidavits, and documentationrequired by the solicitation; and(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 anycontracts including the names of the firms, the names of the projects, and the amount ofcompensation 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 thissection to the director of the capital improvements programs, the chief procurement officer or theadministrative head of the user agency. All contracts awarded under this section shall be in a formacceptable to the City Attorney.(8) Contract contingency allowances of ten (10) percent for Economic Stimulus Projects will be utilizedto minimize disruptions in the flow of the work. Change orders will be submitted for City Commissionapproval if they increase the contract contingency as set forth herein. Such change orders will includea report on the draws against the initial contingency .(9) This Ordinance shall sunset upon completion of the approved list of projects, as may be amendedunless this Ordjnance is earlier repealed by the City Commission.

* * *"Section 3. If any section , part of a section, paragraph, clause, phrase or word of this Ordinance isdeclared 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 adoptionthereof. {2}

TH1S DOC MENT IS AAPPROVED AS TO FORM AND CORRECTNESS: SUBSTIT nON TO ORIGINALBACKUP. ORIGI AL CAN BE EENAT THE END OF THI DOCUMENT.

J U U E O . B RITY ATTORNEYCity 0/Miami Page 3 0/4 Prillte d On: 1111212008
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File Number: 08-01316Footnotes :

{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shallbe added. The remaining provisions are now in effect and remain unchanged . Asterisks indicateomitted and unchanged material.{2}This Ordinance shall become effective as specified herein unless vetoed by the Mayor within tendays from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall becomeeffective immediately upon override of the veto by the City Commission or upon the effective datestated herein, whichever is later.

TlII DOCUMENT IS AUBSTfTUTION TO ORIGINAL

BACKUP. ORIGlNAL CAN BE EENAT THE END OF Till ' DOCUMENT.

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THE CITY OF

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City HallCity of Miami 3500 Pan American Drive Miami, FL 33133 Legislation www.mlamlgov.comOrdinanceFinal Action Date:

A ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S),AM DING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI,FLOR A, AS AMENDED, ENTITLED "FINANCEJCITY OF MIAMI PROCUREMENTORDINP\ CE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117,ENTITLE "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;"ESTABLISH G MEASURES TO STIMULATE THE LOCAL ECONOMY;CREATING A OCESS TO EXPEDITE THE AWARD OF PROFESSIONALSERVICES AG EMENTS AND CONSTRUCTION CONTRACTS FOR CERTAINCAPITAL IMPRO MENT PROJECTS IDENTIFIED BY THE CITY MANAGER INATIACHMENT "A," JTACHED AND INCORPORATED, AS ECONOMICSTIMULUS PROJECT' PROVIDING FOR CITY COMMISSION MODIFICATIONOF THE LIST OF SUCH ROJECTS; AUTHORIZING THE CITY MANAGER TOADVERTISE FOR, RECEI , REVIEW, REJECT, EVALUATE AND AWARD SUCHCONTRACTS; ESTABLISHI PROCEDURES AND LIMITATIONS FORAWARDS; AUTHORIZING TH CITY MANAGER TO EXECUTE CONTRACTS IN AFORM ACCEPTABLE TO THE Y ATIORNEY; CONTAINING A SEVERABILITYCLAUSE, PROVIDING FOR AN E ECTlVE DATE AND A SUNSET PROVISION .

WHEREAS, the construction industry, and the sinesses that rely on the construction industryhave been severely adversely impacted by the nationw e economic crisis; andWHEREAS, the local labor force has lost a substanti number of construction related jobs andlocal business are failing at an increasing rate; andWHEREAS, City Commission finds it necessary and appropr e and in the best interest of the Cityof Miami to take immediate steps to help stimulate the economy; aWHEREAS, the City Commission desires to Institute procedurconstruction projects and professional services, identified in Attachment' to" r expediteelated thereto;certain capital

NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION 0 MIAMI,FLORIDA:Section 1. The recitals and findings contained in the Preamble to this Ordina are adopted byreference 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 ame ed, entitled"Finance/City of Miami Procurement Ordinance," is amended in the following particulars:{1}

"CHAPTER 18

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Fi/9 Number. 08-01316FINANCE

*ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE

*conomlc Stimulus Awards and A

of Strate ic

(b) The value of the recommended award doemore than ten (10) percent: and

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(c) At least three bids are received from responsive end responsible bjdders: and) The contractor or professjonal services firm receiving the award i$ in good standing with theCity including but not limited_ to having no outstanding debts to the City and proves

emonstrated acce table_ as rformance andinsurance bonds affidavits and documentation

9 This Ordinance shall sunset uunless this Ordinan e is earlier re

s after final reading and adoption

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Section 4. This Ordinance shall become effective thirty (30)thereof. {2}

APPROVED AS TO FORM AND CORRECTNESSe

JULIE O. BRUCITY ATTORNEYFootnotes:

PagdoJ4City o fMiami

Section 3. If any section, part of a section, paragraph, c use. phrase or word of this Ordinance isdeclared Invalid. the remaining provisions of this Ordinance 5


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SUBSTITUTED File Number: 08-01316{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shalle added. The remaining provisions are now In effect and remain unchanged. Asterisks indicateo itted and unchanged material.{2} is Ordinance shall become effective as specified herein unless vetoed by the Mayor within tendays om the date it was passed and adopted. If the Mayor vetoes this Ordinance, It shall becomeeffectiv immediately upon override of the veto by the City Commission or upon the effective datestated he in, whichever is later.

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expedited captial projects ordinance

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