Ord 19-04ORDINANCE NO. 19-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY
PROPERTY TRANSACTIONS", BY AMENDING SECTION 36.11,
"DEFINITIONS", TO PROVIDE FOR DEFINITIONS REGARDING
DESIGN-BUILD CONTRACTS; ENACTING SECTION 36.16, "DESIGN-
BUILD CONTRACTS", TO PROVIDE FOR THE ABILITY TO USE THE
DESIGN-BUILD PROCESS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, in certain situations the design-build process is the most efficient and most
economical way to conduct public construction; and
WHEREAS, the City Commission deems it to be in the public interest to adopt an
ordinance providing for rules and regulations allowing the City to enter into design-build contracts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.11,
"Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Sec. 36.11. DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
Change order. A written order or agreement signed and issued by the City, directing the vendor or
contractor to make changes to the purchase of supplies, equipment, services or construction.
Contract moa~fication. Any written alteration in specifications, delivery point, rate of delivery, period
of performance, price, quantity, or other provisions of any contract accomplished by mutual action
of the parties to the contract.
Des~n-buildfirm. Means an individual, association, partnership, corn_ oration, or other legml entity.
which:
Is certified under F.S. _~ 489.119 to engage in contracting through a certified or
re~stered general contractor or a certified or re~stered building contractor as the
Is certified under F.S. ~ 471.023 to practice or to offer to practice engineering;
certified under F.S. ~ 481.219 to practice or offer to practice architecture: or certified
under F.S. ~ 481.319 to practice or to offer to practice landscape architecture
Des~n-build contract. Means a single contract with a desi_~-build firm for the design and
construction of a public construction pro!ect.
Desi_vn cdtedapackage. Means concise, performance-oriented drawings or st~eeificafions of the public
construction pro!ect. The put-pose of the design criteria package is to furnish sufficient information
so as to permit design-build firms to prepare a bid or a response to a request for proposak or to
permit the City to enter into a negotiated design-build contract. The des'~mn criteria package shall
specify, performance-based criteria for the public construction t~roiect, inclnding, but not limited to,
the l%ml description of the site, survey information concerning-th~ 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 of
utilities, stormwater retention and disposal, and parking requirements, as may be applicable to the
project.
Desiv_n criteria p~Fessional. Means an individual, association, parm~r~hip, co~orafion, or other leal
entity who holds a current certificate of re~strafion under F.S. Ch. 481. to practice architecture or
landscape architecture or a firm who holds a current certificate as a re~stered engineer under F.S.
Ch. 471. to practice eng4neering 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 deS~mn criteria package.
Section 2. That Chapter 36, "Finance; City Property Transactions", Section 36.16,
"Design-Build Contracts", of the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby enacted to read as follows:
Sec. 36.16 DESIGN BUILD CONTRACTS.
(A) Award of deS_u~n-build contracts.
Contracts for the desigm-build of public construction projects for the City. ~hall be awarded in
accordance with this Section whenever the City Commission designates that a design-build
methodology be used.
.(13) Preparation of design criteria package.
A desi_tm criteria package shall be prepared and sealed by a des_mn criteria professional employed by
or retained by the City. If the City. elects to enter into a professional services contract for the
2 OR.D NO. 19-04
preparation of a desiffn criteria package, then the des'_xEn criteria professional shall be selected and
contracted with in accordance with the requirements of State law and this ChaPter. A design criteria
professional who has been selected to prepare the design criteria package sl~all not be eli~ble to
render services under a design-build contract executed pursuant to the design criteria package.
(C) Rules and procedures.
The following are the minimum guidelines that must be followed for the des'~mn-build process. The
City. may enact other ~mxidelines in addition to those listed below.
(1) The preparation of a design criteria package for the desi~tm and construction
of the public construction project.
(2) The qualification and selection of no fewer than three design-build firm~ as
the most qualified, based on the qualifications, availability., and past work of the firm~
including the partners or members thereof.
(3) The criteria, procedures, and standards for the evaluation of design-b, fild
contract proposals or bids. based on price, technical, and desi~tm 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 firm~ 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) Consultation with the employed or retained design criteria professional
concerning the evaluation of the responses or bids submitted by the des'~mn-build firms, the
supervision or approval by the City. of the detailed working drawings of the project: and for
evaluation of the compliance of the project construction with the desi~ criteria package by
the desi~cm criteria professional.
(6) In the case of public emergencies, for the City. Commission to declare an
emergency and authorize negotiations with the best qualified design-build firm~ available at
that time.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
3 ORD NO. 19-04
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5.
final reading.
P~_SSED A,,~D ADOPTED in
day otr-'//~2~,ag~ ,200~.
That this ordinance shall become effective upon its adoption on second and
regular session on second and final reading on this the /! a~
City Clerk
First Readin~
Second
Reading
4 ORD NO. 1%04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM $$ ~ 0 ~
ORDINANCE NO. 19-04
- REGULAR MEETING OF MARCH 11. 2004
MARCH 5, 2004
This ordinance is before Commission for second reading and public hearing to amend Chapter 36,
"Finance; City Property Transactions", Section 36.11, "Definitions", to provide for definitions
regarding design-build contracts and enacting a new Section 36.16 "Design Build Contracts". From
time to time it may be appropriate for us to use the design-build approach for some construction
projects. We believe this will be particularly appropriate for future parking garage construction.
At the first reading on February 17, 2004, the Commission passed Ordinance No. 19-04.
Recommend approval of Ordinance No. 19-04 on second and final reading.
S:\City Clerk\agenda memo~ \Ch'd. No. 194)4..03.11.04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # I-&B- REGUI..AR MEETING OF FEBRUARY 17. 2004
ORDINANCE NO. 19-04
FEBRUARY 13, 2004
This is before the City Commission to approve Ordinance No. 19-04, an ordinance amending
Chapter 36, "Finance; City Property Transactions", Section 36.11, "Definitions", to provide for
definitions regarding design-build contracts. From time to me it may be appropriate for us to use
the design-build approach for some construction projects. We believe this will be particularly
appropriate for future parking garage construction.
S:\City Clerk\agenda memos\Ord. No. 19-04..0Z 17.04
[IT¥ OF DELRI:I¥ BEflCH
RECEIVED
- 200/,
CITY t iANAGE?
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
February 5, 2004
TO:
David Harden, City Manager
Richard Hasko, Director of Environmental Services
FROM: Susan Ruby, City Attorney
SUBJECT: CCNA Requ rements/Desi.qn-Build Contracts
We have prepared an ordinance to implement design/build contract capabilities
pursuant to F.S. 287. It is important to address this issue promptly in order to
commence the formulation of a design criteria package and to provide services
that will assist the City in negotiations over land, etc.
Pursuant to Florida Statute Section 287.055 there are certain requirements that a
municipality must follow when entering into design-build contracts. First the
municipality must adopt ordinances, rules and regulations that allow it to enter into
design build contracts, see attached proposed ordinance.
In order to put out a RFP for a design build project we must first prepare a "design
criteria package", which is:
A "design criteria package" means concise, performance-oriented drawings or specifications of the
public construction project. The purpose of the design criteda package is to furnish sufficient information
to permit design-build firms to prepare a bid or a response to an agency's request for proposal, or to
permit an agency to enter into a negotiated design-build contract. The design criteria package must
specify performance-based criteria for the public construction project, including 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, stormwater retention and
disposal, and parking requirements applicable to the project.
This may be performed in house or we may have an outside professional prepare
the package. If an outside professional prepares the package then we must
comply with all CCNA requirements in selecting this firm or person and the firm or
person shall not be allowed to bid on the RFP for the design build contract. See
the following Florida Statute Section:
David Harden, City Manager
Richard Hasko, Director of Environmental Services
February 5, 2004
Page 2
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 criteda package is not eligible to render services under a
design-build contract executed pursuant to the design criteda package.
The professional must meet the following requirements:
A "design criteria professional" means a firm who holds a current certificate of registration under chapter
481 to practice architecture or landscape architecture or a firm who holds a current certificate as a
registered engineer under chapter 471 to practice engineering and who is employed by or under
contract to the agency for the providing of professional amhitect services, landscape architect services,
or engineering services in connection with the preparation of the design criteda package.
The attached ordinance allows the City's use of the design-build process.
Thereafter, rules and regulations may also be adopted regarding the design build
process.
Time is a bit of the essence, and it is recommended that the professional
preparing the design criteria package be hired quickly, pursuant to the CCNA, in
order to prepare various schematics, etc. to assist in land acquisitions, as well as
to develop the design criteria package.
Plea~ou/,~e any questions.
SAR~~~.~
Cc: Howard Ellingsworth, Chairman of the CRA
Diane Colonna, Director of the CRA
Robert Federspiel, Esq.
ORDINANCE NO. -04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE;
CITY PROPERTY TRANSACTIONS", BY AMENDING SECTION 36.11,
"DEFINITIONS", TO PROVIDE FOR DEFINITIONS REGARDING
DESIGN-BUILD CONTRACTS; ENACTING SECTION 36.16, "DESIGN-
BUILD CONTRACTS", TO PROVIDE FOR THE ABILITY TO USE THE
DESIGN-BUILD PROCESS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, in certain situations the design-build process is the most efficient
and most economical way to conduct public construction; and
WHEREAS, the City Commission deems it to be in the public interest to adopt an
ordinance providing for rules and regulations allowing the City to enter into design-build
contracts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property Transactions", Section
36.11, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
Sec. 36.11. DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the
context cleady indicates or requires a different meaning.
Change order. A written order or agreement signed and issued by the City, directing
the vendor or contractor to make changes to the purchase of supplies, equipment,
services or construction.
Contract modification. Any written alteration in specifications, delivery point, rate of
delivery, period of performance, price, quantity, or other provisions of any contract
accomplished by mutual action of the parties to the contract.
Des~qn-build firm. Means an individual, association, partnership1 corporation, or other
legal entity which:
(i)
Is certified under F.S. § 489.119 to enqaqe in contracting throu.qh a
certified or re.qistered general contractor or a certified or reqistered
building contractor as the qualifvina a(~ent; or
(ii)
Is certified under F.S. § 471.023 to practice or to offer to practice
en.qineerinq; certified under F.S..~ 481.219 to practice or offer to practice
amhitecture; or certified under F.S. § 481.319 to practice or to offer to
practice landscape architecture.
DesLqn-build contract. Means a sin.qle contract with a desiqn-build firm for the design
and construction of a public construction project.
Des~qn criteria package. Means concise, performance-oriented drawin.qs or
specifications of the public construction project. The purpose of the design criteria
packa.qe is to furnish sufficient information so as to permit desiqn-build firms to prepare
a bid or a response to a request for proposal, or to permit the City to enter into a
ne.qotiated desi.qn-build contract. The desi.qn criteria packa.qe shall specify
performance-based criteria for the public construction project, includinq, but not limited
to, the le.qal description of the site, survey information concerninq the site, interior space
requirements, material quality standards, schematic layouts and conceptual desiqn
criteria of the project, cost or bud.qet estimates, design and construction schedules, site
development requirements, provisions of utilities, stormwater retention and disposal,
and parkin.q requirements, as may be applicable to the project.
Des~qn criteria professional. Means an individual, association, partnership,
corporation, or other legal entity who holds a currant certificate of reqistration under
F.S. Ch. 481, to practice architecture or landscape architecture or a firm who holds a
current certificate as a re.qistered engineer under F.S. Ch. 471, to practice engineering
and who is employed by or under contract to the City for the providinq of professional
architect services, landscape architect services, or en.qineerinq services in connection
with the preparation of the design criteria package.
Section 2. That Chapter 36, "Finance; City Property Transactions", Section
36.16, "Design-Build Contracts", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby enacted to read as follows:
Sec. 36.16 DESIGN BUILD CONTRACTS.
(A) Award of desi.qn-build contracts.
Contracts for the desiqn-build of public construction prciects for the City shall be
awarded in accordance with this Section whenever the City Commission desiqnates
that a desiqn-build methodolo.qy be used.
(B) Preparation of desiqn criteria package.
A design criteria package shall be prepared and sealed by a design criteria professional
employed by or retained by the City. If the City elects to enter into a professional
services contract for the preparation of a design criteria package, then the design
criteria professional shall be selected and contracted with in accordance with the
requirements of State law and this Chapter. A desiqn criteria professional who has been
selected to prepare the desi.qn criteria package shall not be eliqible to render services
under a desiqn-build contract executed pursuant to the desiqn criteria packa.qe.
(C) Rules and procedures.
The followinq are the minimum quidelines that must be followed for the desiqn-build
process. The City may enact other guidelines in addition to those listed below.
(1) The preparation of a design criteria package for the desi.qn and
construction of the public construction proiect.
(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 criteria1 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)
professional
desiqn-build
drawinqs of
construction
Consultation with the employed or retained design criteria
concerning the evaluation of the responses or bids submitted by the
firms, the supervision or approval by the City of the detailed working
the project; and for evaluation of the compliance of the project
with the design criteria package by the desiqn criteria professional.
(6)
declare an
desiqn-build
In the case of public emer.qencies, for the City Commission to
emerqency and authorize negotiations with the best qualified
firms available at that time.
Section 3. That should any section or prevision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 5. That this ordinance shall become effective upon its adoption on
second and final reading.
3
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ,200_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
4