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 5. Procurement Of Construction Services
  

  Division 5. Procurement Of Construction Services  

§ 2-455. Definitions.
Latest version.

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

Construction services. The furnishing of labor or materials for the construction, renovation, repair, modification or demolition of any public property, publicly owned building or municipal public works.

Municipal public works. The following activities which are authorized and defined as municipal public works by F.S. ch. 180:

(1) Cleaning and improving street channels or other bodies of water for sanitary purposes;

(2) Providing means for the regulation of the flow of streams for sanitary purposes;

(3) Providing a water supply for domestic, municipal or industrial uses;

(4) Providing for the collection and disposal of sewage, including wastewater reuse, and other liquid wastes;

(5) Providing for the collection and disposal of garbage;

(6) And incidental to such purposes and to enable the accomplishment of the same, constructing reservoirs, sewage systems, trunk sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems, purification works, collection systems, treatment and disposal works;

(7) Constructing airports, hospitals, jails and golf courses; maintaining, operating and repairing the same; and constructing and operating in addition thereto all machinery and equipment;

(8) Constructing, operating and maintaining gas plants and distribution systems for domestic, municipal and industrial uses; and

(9) Constructing such other buildings and facilities as may be required to properly and economically operate and maintain said municipal public works.

Public property and publicly owned buildings. Any facility, building, portion of a building, park, parking lot, structure or other improvement to real property owned by the city. For the purposes of this article, public property shall include city-owned and maintained streets, alleys, sidewalks and rights-of-way.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)
§ 2-456. Payment and performance bond; bid bond.
Latest version.

(a) Any person, company or corporation entering into a contract with the city for construction services related to municipal public works, public property or publicly owned buildings as defined in section 2-455 shall be required, before commencing the work, to execute, deliver to the city, and record in the public records of the county, a payment and performance bond with a surety insurer authorized to do business in this state as surety; said bond shall comply with the requirements of F.S. § 255.05, and shall be on a standard form provided by the city. At the discretion of the city, any person entering into such a contract which is for two hundred thousand dollars ($200,000.00) or less may be exempted from executing the payment and performance bond.

(b) In lieu of the bond required by this section, a contractor may file with the city an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, or an irrevocable letter of credit.

(c) In lieu of a bid bond required by the competitive sealed bidding process, a contractor may file with the city an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, or an irrevocable letter of credit.

(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)
§ 2-457. Additional requirements for procurement of services for municipal public works projects.
Latest version.

In addition to all other requirements of this article pertaining to procurement of commodities and services and in accordance with F.S. § 180.24, the following requirements shall apply to the procurement of commodities and services for public works projects as defined in section 2-455:

(1) All contracts for the construction, extension or expansion of public works shall be in writing and the contractor shall be required to provide a bond executed by a surety company authorized to do business in the state; provided, however, that contracts in excess of Category Two (thirty-five thousand dollars ($35,000.00)) shall be advertised by the publication of a notice in the legal section of a newspaper of general circulation in the county at least once each week for two (2) consecutive weeks, or by posting three (3) notices in three (3) conspicuous places in the city, one (1) of which shall be the public notices board in city hall; and that a minimum of ten (10) days shall elapse between the date of the first publication or posting of such notice and the date of receiving bids and the execution of contract documents.

(2) All contracts for the purchase, lease or renting of materials or equipment to be used in the accomplishment of any public works project shall be in writing; provided, however, that where said contract for the purchase, lease or renting of materials or equipment is in excess of ten thousand dollars ($10,000.00), notice or advertisement for bids on the same shall be published in accordance with the provisions of subsection (1) herein.

(3) The solicitation of competitive bids or proposals for any construction project that is projected to cost more than two hundred thousand dollars ($200,000.00) shall be publicly advertised at least once in a newspaper of general circulation in the county at least twenty-one (21) days prior to the established bid opening and at least five (5) days prior to any scheduled prebid conference. The solicitation of competitive bids or proposals for any construction project that is projected to cost more than five hundred thousand dollars ($500,000.00) shall be publicly advertised at least once in a newspaper of general circulation in the county at least thirty (30) days prior to the established bid opening and at least five (5) days prior to any scheduled prebid conference. Bids or proposals shall be received and opened at the location, date, and time established in the bid or proposal advertisement. In cases of emergency, the procedures required in this section may be altered by the city commission in any manner that is reasonable under the emergency circumstances.

(4) If the location, date, or time of the bid opening changes, written notice of the change must be given, as soon as practicable after the change is made, to all persons who are registered to receive any addenda to the plans and specifications.

(5) A construction project may not be divided into more than one (1) project for the purpose of evading the requirements in this section.

(6) As used in this section, the term "emergency" means an unexpected turn of events that causes:

a. An immediate danger to the public health or safety;

b. An immediate danger of loss of public or private property; or

c. An interruption in the delivery of an essential governmental service.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2000-16, § 1, 9-19-00; Ord. No. 2009-12, § 1, 5-5-09; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)
§ 2-458. Additional requirements for procurement of construction services for public property and publicly owned buildings.
Latest version.

In addition to all other requirements of this article pertaining to procurement of commodities and services and in accordance with F.S. ch. 255, the following requirements shall apply to procurement of construction services for public property and publicly owned buildings as defined in section 2-455:

(1) Preference to home industries. In accordance with F.S. § 255.041, the city shall give preference in the purchase of material and in letting contracts for the construction of public buildings to materialmen, contractors, builders, architects, and laborers who reside within the state, whenever such material can be purchased or the services of such materialmen, contractors, builders, architects, and laborers can be employed at no greater expense than that which would exist if such purchase was made from, or contract let or employment given to, a person residing beyond the limits of the state. However, this section in no way prohibits the right of the city to compare the quality of materials proposed for purchase and to compare the qualifications, character, responsibility, and fitness of materialmen, contractors, builders, architects, and laborers proposed for employment in its consideration of the purchase of materials or employment of persons.

(2) Sole source. Notwithstanding the foregoing preference to home industries, when letting of contracts or purchasing materials for the construction, modification, alteration or repair of any publicly owned facility, the city may not specify the use of materials or systems by a sole source unless:

a. The city commission, after consideration of all available alternative materials and systems, determines that the specification of a sole material or system is justifiable based upon its cost or interchangeability;

b. The sole source specification has been recommended by the architect or engineer of record; and

c. The consideration by, and the justifications of, the city commission are documented, in writing, in the project file.

(3) Separate specifications for building contracts.

a. When preparing specifications, awarding or entering into contract for the erection, construction, or altering of publicly owned buildings where the entire cost of such work shall exceed ten thousand dollars ($10,000.00), separate specifications may be prepared for each of the following classes of work to be performed:

1. Heating and ventilating and accessories.

2. Plumbing and gas fitting and accessories.

3. Electrical installations.

4. Air conditioning and accessories.

b. All such specifications may be drawn so as to permit separate and independent bidding upon each of the classes of work enumerated above. All contracts for the erection, construction or alteration of buildings, or any part thereof, may be awarded separately to responsible and reliable persons, firms or corporations regularly engaged in their respective line of work; provided, however, that all or any part of the work specified in the above classes may be awarded to the same contractor.

(4) Shelter in public buildings. F.S. § 255.042, requires that consideration be given to providing floor area capable of sheltering one hundred (100) or more persons from radiation hazards in the event of nuclear attack when preparing plans and specifications for new public buildings or substantial renovations to existing buildings. Accordingly, the architect, architect-engineer firm or other person or persons involved in the design of such buildings or substantial renovations shall refer to F.S. § 255.042, for guidance in preparing plans and specifications. It shall be the responsibility of the city commission to determine whether cost, or other related factors, precludes or makes impracticable the incorporation of fallout shelter in public buildings.

(5) Specification of Florida produced lumber. In accordance with F.S. § 255.20, contracts for public works and contracts for the construction of public bridges, buildings and other structures shall always specify lumber, timber and other forest products produced and manufactured in Florida whenever such products are available—price, fitness and quality being equal. This requirement shall not apply when plywood is specified for monolithic concrete forms, when the structural or service requirements for timber in a particular job cannot be supplied by native species, or when construction is financed in whole or in part from federal funds with the requirements that there be no restrictions as to species or place of manufacture.

(6) Special facilities for physically disabled. In accordance with F.S. § 255.21, any building or facility intended for use by the general public which, in whole or in part, is constructed or altered by the city shall, with respect to the altered or newly constructed portion of such building or facility comply with standards and specifications established by F.S. § 553.48.

(7) Construction management services. The city may enter into a contract with the state division of building construction, to provide project management, administration services, or assistance for the construction, renovation, repair, modification, or demolition of city buildings, utilities, parks, parking lots, or other facilities or improvements. The contract shall provide for payment of fees to the division.

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