Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)
 Code of Ordinances
 Chapter 2. Administration   
 Article IV. Procurement Of Property And Services
 Division 4. Procurement Of Design-Build Services
  

  Division 4. Procurement Of Design-Build Services  

§ 2-441. Applicability.
Latest version.

In accordance with F.S. § 287.055, all design-build contracts in excess of the threshold amount for Category Four (one hundred ninety-five thousand dollars ($195,000.00)) will be procured as provided in this division.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2000-16, § 1, 9-19-00; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)
§ 2-442. Definitions.
Latest version.

The following terms, when used in this division, shall have the meaning ascribed to them in this section:

Design-build contract. A single contract with a design-build firm for the design and construction of a public construction project.

Design-build firm. A partnership, corporation, or other legal entity which:

(1) Is certified under F.S. § 489.119, to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or

(2) Is certified under F.S. § 471.023, to practice or to offer to practice engineering; certified under F.S. § 481.219, to practice or to offer to practice architecture; or certified under F.S. § 481.319, to practice or offer to practice landscape architecture.

Design criteria package. Concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information to permit design-build firms to prepare a bid or response to the city's request for proposal, or to permit the city to enter into a negotiated design-build contract.

Design criteria professional. A firm holding a current certificate of registration under F.S. ch. 481, to practice architecture or landscape architecture or a firm holding a current certificate as a registered engineer under F.S. ch. 471, to practice engineering and which 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 design criteria package.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)
§ 2-443. Preparation of the design criteria package.
Latest version.

(a) The design criteria package shall be prepared and sealed by a design criteria professional employed by or retained by the city.

(b) The design criteria package shall specify such performance-based criteria for the public construction project, including, but not limited to, 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, provision for utilities, stormwater retention and disposal, and parking requirements, as may be applicable to the project.

(c) The design criteria package shall specify the criteria, procedures and standards for the evaluation of design-build contract proposals or bids.

(d) If the city manager elects to enter into a professional services contract for the preparation of the design criteria package, then the design criteria professional shall be selected and contracted with in accordance with the requirements of division 3 of this article.

(e) A design criteria professional who has been selected to prepare the design criteria package shall not be eligible to render services under a design-build contract pursuant to the design criteria package.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)
§ 2-444. Selection of design-build firms.
Latest version.

The agency shall qualify and select no fewer than three (3) design-build firms deemed to be the most qualified based on the qualifications, availability and past work of the firms, including the partners or members thereof.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)
§ 2-445. Solicitation of competitive proposals.
Latest version.

The agency shall solicit competitive proposals, pursuant to the design criteria package, from those qualified design-build firms and shall evaluate, with the assistance of the employed or retained design criteria professional, the responses or bids submitted by those firms based on the evaluation criteria and procedures established prior to the solicitation of competitive proposals and specified in the design criteria package.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)
§ 2-446. Award of the design-build contract.
Latest version.

The contract shall be awarded, after obtaining approval of the city commission, to the qualified design-build firm whose proposal is determined in writing to be the most advantageous to the city, taking into consideration the price and other criteria set forth in the design criteria package. The contract file shall contain the basis on which the award is made.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)
§ 2-447. Emergency conditions.
Latest version.

If the city manager determines that an immediate danger to the public health, safety or welfare or other substantial loss to the public requires emergency action, he may authorize negotiations with the best qualified design-build firm available at the time without the solicitation of competitive proposals. The city manager shall furnish copies to the city commission of a written statement certifying the emergency and any other documents relating to the emergency action.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)
§ 2-448. Review of contract.
Latest version.

Each design-build contract procured under this division shall be executed in a form of agreement provided by the city or shall receive legal review and approval as to form before the contract is executed. No contract shall be approved which does not include the minimum provisions required by section 2-406 and the prohibition against contingent fees required by section 2-428.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)
§ 2-449. Contract supervision and management.
Latest version.

(a) For each design-build contract, the design criteria professional employed or retained by the city shall supervise and approve the detailed working drawings of the project, and evaluate compliance of the project construction with the design criteria package.

(b) For each design-build contract, an employee shall be designated to function as contract manager who shall be responsible for enforcing performance of the contract terms and conditions and serve as a liaison between the design-build firm and the design criteria professional. It will be the responsibility of this employee to maintain a contract file and to ensure that contractual services have been rendered in accordance with the contract terms prior to processing any invoice for payment.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)
§ 2-450. Record retention.
Latest version.

For each design-build contract procured under this division, the following shall be forwarded to the city clerk for addition to the official records of the city and retention in accordance with the requirements of section 2-481:

(1) One (1) copy of the design criteria package.

(2) One (1) copy of the solicitation for proposals and one (1) copy of all responses.

(3) Written documentation of the selection process.

(4) A copy of the city commission minutes documenting the contract award.

(5) The original executed contract.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)