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Home My Public Portal About1997-14 Amending Division 2 Purshasing of article IV Finance of chapter 2 AdministrationORDINANCE NO. 97-14 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING DIVISION 2 "PURCHASING" OF ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRA- TION" OF THE VILLAGE CODE BY AMENDING SECTION 2-87 "EXEMPTIONS FROM COMPETITIVE BIDDING" AND CREATING SECTION 2-88 "DESIGN -BUILD CONTRACTS" TO PROVIDE PURCHASING PROCEDURE FOR DESIGN - BUILD CONTRACTS AWARDED PURSUANT TO SECTION 287.055, FLORIDA STATUTES WHEREAS, pursuant to Section 287.055, Fla. Stat., municipalities awarding design -build contracts in accordance with the procedures 0� of L'? i . .~', '^'..r € _i egquii ed to adopt a specific purchasing procedure concerning the evaluation and award of design -build contracts for public improvements; and WHEREAS, the Village Manager has recommended that the attached purchasing procedure for award of design -build contracts (the "Procedure") be adopted for utilization in the evaluation and award of design -build contracts for public improvements; and WHEREAS, the Village Council finds that the adoption of the attached Procedure is in the best interests of the Village. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Chapter 2 "Administration" of the Village Code is hereby amended by amending Section 2-87 "Exemptions from Competitive Bidding" of Division 2 "Purchasing" of Article IV "Finance" to read as follows': Section 2-87 Exemptions from Competitive Bidding. The following shall be exempt from the competitive bidding procedures outlined in this division: 'Additions to existing text are underlined, deletions are indicated by ctrikcout. 1. Transactions described in Section 2- 82 (a) . 2. Contracts for professional services. 3. Other contracts as provided by state law. 4. Design -build contracts pursuant to Section 287.055, Fla. Stat. Section 2. That the Village Code is hereby amended by amending Division 2 "Purchasing" of Article IV "Finance" of Chapter 2 "Administration" of the Village Code by creating Section 2-88 entitled "Design -Build Contracts" to read as follows: Section 2-88 Design -Build Contracts. In accordance with Section 287.055, Fla. Stat., the Village shall award design -build contracts in accordance with the procedures provided by this section. (A). Preparation of Design Criteria Package. The Village's consulting engineer or other design criteria professional employed or retained by the Village shall prepare the design criteria package (the "Design Criteria") which shall be included in the "Request For Proposals" (the "RFP") for the design and construction of a public construction project. (B). Solicitation of Competitive Proposals. 1. Proposals shall be solicited from design -build firms using the RFP. 2. The evaluation of the responses submitted shall be conducted in accordance with the criteria and procedures established in this Ordinance, including the procedure for ranking specified in paragraph (D) below. (C). Evaluation/Selection Committee. 1. An Evaluation/Selection Committee (the "Committee") shall be appointed by the Village Manager for the purpose of evaluating proposals and making a recommendation of the most qualified firms to the Village Manager. The Committee shall consist of the following persons: Page 2 of 6 Pages a. The Village's consulting engineer or other design criteria professional employed or retained by the Village or his designee; b. The Village's Finance Director or his designee, and; c. The Village Manager or his designee. (D) . Proposal Evaluation Factors; Process. 1. The following factors and corresponding weights shall be used by the Committee in the initial evaluation process designated as "Part A:" a. The proposers design -build experience - score 0-25; b. The proposers reputation and track record as indicated by the quality and timeliness of completed designs and construction - score 0-35; c. The proposers organizational approach and project team qualifications geared to resolve site constraints, project interface and meet the project schedule - score 0-25, and; d. The proposers design documentation in accordance with the Design Criteria - score 0-15. The criteria weighting described above may be revised by resolution of the Village Council for a particular project. The applicable criteria weighting, as revised, shall be stated in the RFP. Criteria a through d are "Part A Criteria." 2. The Committee will review the Part A Criteria and will rank the proposals ("Part A Rankings"). 3. The Committee will then open the separately sealed cost/compensation element of each proposal designated as "Part B," and will rank the proposals by price (independent of Page 3 of 6 Pages the evaluation of Part A Rankings (the "Part B Rankings"). 4. An overall ranking shall be calculated by dividing each proposer's price by the Part A Ranking to arrive at an "Adjusted Ranking." The Committee will then place not less than three firms (providing that there are three responsive proposers) on a short list based upon Adjusted Ranking and submit its recommendation for award to the Village Manager (the "Short List"). 5. Following receipt and consideration of the Short List, the Village Manager will prepare a recommendation to the Village Council for award of the c-o•ntract to one of the proposals on the Short List. 6. The Village Council shall award the contract from the Short List as it determines to be in the best interest of the Village in accordance with this Ordinance. Alternatively, the Council may reject any or all proposals. (E). Utilization of Design Criteria Professional. The Village's consulting engineer or other design criteria professional employed or retained by the Village, shall provide professional engineering services to the Village in connection with the supervision or approval by the Village of the detailed working drawings of the project and for the subsequent evaluation of compliance of the construction with the Design Criteria. (F) . Exception for Emergencies. In the case of a public emergency, the Village Manager may declare an emergency and authorize negotiations with the best qualified design -build firm available at the time in lieu of utilizing the selection procedures provided herein. Page 4 of 6 Pages (G) . Implementation of Procedure. The purchasing procedure provided herein shall be further implemented pursuant to design -build contract specifications and pursuant to any additional implementing procedures provided by the Village Manager. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This ordinance shall be effective immediately upon adoption on second reading and shall apply retroactively to any design -build contract for which a request for proposals is issued after June 1, 1997. Page 5 of 6 Pages PASSED AND ADOPTED on first reading this June , 1997. PASSED AND ADOPTED on second reading this July , 1997. AT g4.‘0; :rdI TA ALVAREZ, VILLAGE CLE 24 day of 1st day of . FESTA, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 6 of 6 Pages rr„-vryr rr-+\r 20 day (SEAL) Sookie Williams personally MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/kla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE PUBLIC NOTICE- 7/1/97 ORDINANCE AMENDING DIVISION 2 "PURCHASING" OF ARTICLE IV "FINANCE" OF CHAPTER 2, ETC. in the XXXXX was published in said newspaper in the issues of Jun 20, 1997 Court, Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neithe • aid nor promised any person, firm or corporation ount, rebate, commission or refund for the purpose ng this advertisement for publication in the said per. Swor d subscribed before me this 97 e l MY COMMISSION EXPIRES �OF F�O� JUNE 23,2000 19 OFFICIAL NOTAR . EAL JANETT LLERENA COMMISSION NUMBER CC 565004 VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinance will be consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, July 1, 1997, at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING DIVISION 2 "PURCHASING' OF ARTICLE IV 'FINANCE' OF CHAPTER 2 "ADMINISTRA- TION' OF THE VILLAGE CODE BY AMENDING SECTION 2- 87 "EXEMPTIONS FROM COMPETITIVE BIDDING' AND CREATING SECTION 2-88 'DESIGN -BUILD CONTRACTS' TO PROVIDE PURCHASING PROCEDURE FOR DESIGN - BUILD CONTRACTS AWARDED PURSUANT TO SECTION 287.055, FLORIDA STATUTES. Interested parties are invited to appear and be heard. A copy of the proposed ordinance may be obtained at Village Hall, Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149. Interested parties may appear at the Public Hearing and be heard with respect to the proposed ordinance. The final adoption of this Ordinance on July 1, 1997 is subject to the adoption of this Ordinance on first reading on June 24, 1997. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Conchita H. Alvarez Village Clerk 6/20 97-4-062007M