§ 2-764. Design build contracts.

(a)

Purpose. In order to comply fully with the requirements of F.S. § 287.055, as amended, the following procedures shall be followed in selecting firms to provide design/build services and in negotiating design-build contracts.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City manager means the city manager or his/her designee.

Design/build means a single contract with a design/build firm for the design and construction of a city construction project.

Design criteria package means concise, performance-oriented drawings or specifications of the project and shall include but not be limited to performance-based criteria as the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, storm water retention and disposal, and parking requirements, as may be applicable to the project.

(c)

Design criteria package. For each design/build construction project ("project"), the city shall employ a design criteria professional as defined in F.S. § 287.055(2)(k), which professional shall prepare a design criteria package ("package") specifying performance-based criteria for the project, including, but not limited to:

(1)

The legal description of the site.

(2)

Survey information concerning the site.

(3)

Interior space requirements.

(4)

Material quality standards.

(5)

Schematic layouts and conceptual design criteria.

(6)

Cost or budget estimates.

(7)

Design and construction schedules.

(8)

Site development requirements.

(9)

Provision for utilities.

(10)

Storm water retention and disposal.

(11)

Parking requirements.

The selected design criteria professional shall not be eligible to render services under a design/build contract executed pursuant to any package prepared by said design criteria professional.

(d)

Solicitation of proposals. Subsequent to preparation of a package, the city shall publicly request, in a newspaper of general circulation and by posting notice at its offices, competitive proposals from design/build firms ("proposals").

(e)

Qualification and selection of design/build firms. Upon receipt of proposals by the time specified in the package, the city manager shall review the qualifications of the design/build firms submitting same considering such factors as: the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; ability to meet time and budget requirements; location of firm offices; recent, current and projected work loads of the firms; and, other factors relevant to the project. The city manager shall then evaluate the proposals based on price, technical and design aspects of the project and other evaluation factors as may be set forth in the request for proposal. Upon the receipt of three or more bids, the city manager shall recommend no less than three design/build firms in order of preference, deemed to be the most qualified to perform the required services for the project. The city council will select a firm and the city manager will proceed to negotiate a contract in accordance with the procedures set forth hereafter.

(f)

Competitive negotiations. The city manager shall negotiate a contract for design/build services for the project with the firms identified as qualified. Should the city manager be unable to negotiate a satisfactory design/build contract with the design/build firm considered to be the most qualified, negotiations with that design/build firm shall be formally terminated. The city manager shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the city manager shall then undertake negotiations with the third most qualified firm. Should the city manager be unable to negotiate a satisfactory contract with any of the selected firms, additional firms shall be selected in accordance with the foregoing rules. Negotiations shall continue in accordance herewith until an agreement is reached.

(g)

Consultation with design criteria professional. The city manager shall consult with the design criteria professional who prepared the package concerning evaluation of the proposals, approval of detail work and drawings for the project and compliance of project construction with the package.

(h)

Prohibition against contingent fees. Each contract for design/build services shall contain a prohibition against contingent fees as required by the act.

(i)

Valid public emergencies. Pursuant to the act, these rules shall apply in all cases except the cases declared to be valid public emergencies as certified by the city council based on recommendation and data supplied by the city manager.

(Ord. No. 2009-09-181, § 2, 3-11-2009)