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04-054 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. 04- 0 ~-t~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2. ARTICLE IV. PURCHASING AND CONSULTANTS, BY CREATING A NEW SUBSECTION. 2-61 OF THE CODE OF ORDINANCES TO EXPRESSLY AUTHORIZE THE USE OF DESIGN-BUILD CONTRACTS FOR CITY PROJECTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission recognizes Design/Build as a viable :onstruction option which allows the City to influence the design and cost of a public 'ect at an early stage; and WHEREAS, the City has successfully used the Design/Build model on a previous project which proved fiscally beneficial; and WHEREAS, Florida Statute 287.055(9) is hereby incorporated by reference and :onstitutes the City's procedures applicable to Design/Build contracts; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now and confirmed by the City Commission. Section 2. That Chapter 2. Article IV. Purchasing and Consultants, is hereby by creating a new Section 2-61, as follows: Sec. 2-61. There is hereby incorporated by reference and made a part hereof F.S. ;ection 287.055(9), pertaining to Design-Build Contracts. as amended from time to time. Section 3. Each and every other provision of Chapter 2, Article IV. not herein y amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in )nflict with any provisions of this ordinance are hereby repealed. ;:\CA\Ordinances\draft ordinanceLaumending 2-57 - design build reference.doc 1 Section 6. Should any section or provision of this Ordinance or any portion 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 :hereof be declared by a court of competent jurisdiction to be invalid, such decision shall ~ot affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately. FIRST READING this ,~o day of July, 2004 SECOND, FINAL READING AND PASSAGE this ~ ~"'C~ay of ~ugust, 2004.. ~_TTEST: 29 30 31 CITY OF BOYNTON BEACH, FLORIDA ;:\CA\Ordinances\draft ordinance~Mnending 2~57 - design build reference.doc West's F.S.A. § 287.055 Page 6 (9) Applicability to design-build contracts.-- (a) Except as provided in this subsection, this section is not applicable to the procurement of design-build contracts by any agency, and the agency must award design-build contracts in accordance with the procurement laws, rules, and ordinances applicable to the agency. (b) The design criteria package must be prepared and sealed by a design criteria professional employed by or retained by the agency. If the agency elects to enter into a professional services contract for the preparation of the design criteria package, then the design criteria professional must be selected and contracted with under the requirements of subsections (4) and (5). A design criteria professional who has been selected to prepare the design criteria package is not eligible to render services under a design-build contract executed pursuant to the design criteria package. (c) Except as otherwise provided in s. 337.11(7), the Department of Management Services shall adopt rules for the award of design-build contracts to be followed by state agencies. Each other agency must adopt rules or ordinances for the award of design-build contracts. Municipalities, political subdivisions, school districts, and school boards shall award design-build contracts by the use of a competitive proposal selection process as described in this subsection, or by the use of a qualifications-based selection process pursuant to subsections (3), (4), and (5) for entering into a contract whereby the selected firm will subsequently establish a guaranteed maximum price and guaranteed completion date. If the procuring agency elects the option of qualifications-based selection, during the selection of the design-build firm the procuring agency shall employ or retain a licensed design professional appropriate to the project to serve as the agency's representative. Procedures for the use of a competitive proposal selection process must include as a minimum the following: 1. The preparation of a design criteria package for the design and construction of the public construction project. 2. The qualification and selection of no fewer than three design-build firms as the most qualified, based on the qualifications, availability, and past work of the firms, including the partners or members thereof. 3. The criteria, procedures, and standards for the evaluation of design-build contract proposals or bids, based on price, technical, and design aspects of the public construction project, weighted for the project. 4. The solicitation of competitive proposals, pursuant to a design criteria package, from those qualified design-build firms and the evaluation of the responses or bids submitted by those firms based on the evaluation criteria and procedures established prior to the solicitation of competitive proposals. 5. For consultation with the employed or retained design criteria professional concerning the evaluation of the responses or bids submitted by the design-build firms, the supervision or approval by the agency of the detailed Copr. © West 2004 No Claim to Orig. U.S. Govt. Works Page 7 West's F.S.A. § 287.055 working drawings of the project; and for evaluation of the compliance of the project construction with the design criteria package by the design criteria professional. 6. In the case of public emergencies, for the agency head to declare an emergency and authorize negotiations with the best qualified design-build firm available at that time. (10) Reuse of existing plans.--Notwithstanding any other provision of this section, there shall be no public notice requirement or utilization of the selection process as provided in this section for projects in which the agency is able to reuse existing plans from a prior project of the agency, or, in the case of a board as defined in s. 1013.01, a prior project of that or any other board. Except for plans of a board as defined in s. 1013.01, public notice for any plans that are intended to be reused at some future time must contain a statement that provides that the plans are subject to reuse in accordance with the provisions of this subsection. (11) Construction of law.--Nothing in the amendment of this section by chapter 75-281, Laws of Florida, is intended to supersede the provisions of ss. 1013.45 and 1013.46. CREDIT(S) Laws 1973, c. 73-19, § § 1 to 8; Laws 1975, c. 75-281, § § 1 to 3; Laws 1977, c. 77-174, § 1; Laws 1977, c. 77- 199, § 1; Laws 1984, c. 84-321, § 10; Laws 1985, c. 85-104, § § 23, 32; Laws 1985, c. 85-349, § 57; Laws 1986, c. 86-204, § 6; Laws 1988, c. 88-108, § 1; Laws 1989, c. 89-158, § 1; Laws 1990, c. 90-268, § 16. Amended by Laws 1991, c. 91-137, § 15, eft. May 28, 1991; Laws 1991, c. 91-162, § 7, eft. May 28, 1991; Laws 1992, c. 92- 279, § 250, eff. July 1, 1992; Laws 1993, c. 93-95, § 1, eff. Oct. 1, 1993; Laws 1994, c. 94-119, § 114, eff. July 1, 1994; Laws 1994, c. 94- 322, § 10, eff. May 31, 1994; Laws 1995, c. 95-148, § 868. eff. July 10, 1995; Laws 1995, c. 95-410, § 2, eff. July 1, 1995; Laws 1996, c. 96- 399, § 45, eft. Oct. 1, 1996; Laws 1997, c. 97-100, § 38, eft. July 1, 1997; Laws 1997, c. 97-296, § 1, eft. Oct. 1, 1997; Laws 1998, c. 98- 279, § 80, eff. June 30, 1998; Laws 2001, c. 2001-61, § 55, eff. July 3, 2001; Laws 2002, c. 2002-20, § 63, elf. July 1, 2002; Laws 2002, c. 2002-387, § 944, eff. Jan. 7, 2003. HISTORICAL AND STATUTORY NOTES Reviser's Note--1998: The text of the amendment to paragraph (3)(b) by s. 23, ch. 85-104, was incorporated in an amendment by s. 45, ch. 96-399, after the October 1, 1995, repeal of s. 23, ch. 85-104, by s. 37, ch. 85-104, took effect. Paragraph (4)(b) was also amended by s. 23, ch. 85-104, but has not been amended since the 1995 repeal. With the language from the s. 23, ch. 85-104, amendment removed, it would read: "(b) The agency shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering such /'actors as the ability of professional personnel; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of Copr. © West 2004 No Claim to Orig. U.S. Govt. Works