§ 2-5. Procedures for construction of new city facilities or major additions to existing city facilities; bidding procedures.

(a)

Procedures for construction of city facilities. The city may employ any procedures permissible under state law to contract for construction of new facilities or major additions to existing facilities including, but not limited to:

(1)

Competitive bids.

(2)

Design-build.

(3)

Selecting a construction management entity, pursuant to the process provided by F.S. § 287.055, that would be responsible for all scheduling and coordination in both design and construction phases and is generally responsible for the successful, timely, and economical completion of the construction project. The construction management entity must consist of or contract with licensed or registered professionals for the specific fields or areas of construction to be performed, as required by law. At the option of the city commission, the construction management entity, after having been selected, may be required to offer a guaranteed, maximum price and a guaranteed completion date; in which case, the construction management entity must secure an appropriate surety bond pursuant to F.S. § 255.05, and must hold construction subcontracts. The criteria for selecting a construction management entity shall not unfairly penalize an entity that has relevant experience in the delivery of construction projects of similar size and complexity by methods of delivery other than construction management.

(4)

Selecting an alternative project delivery format, pursuant to the process provided by F.S. § 287.055, that would act as the agent of the city and would be responsible for schedule control, cost control, and coordination in providing or procuring planning, design, and construction services. The program management entity must consist of or contract with licensed or registered professionals selected under the process provided

in F.S. § 287.055. At the option of the city, the program management entity, after having been selected, may be required to offer a guaranteed maximum price or a guaranteed completion date, in which case, the program management entity must secure an appropriate surety bond pursuant to F.S. § 255.05, and must hold design and construction subcontracts. The criteria for selecting a program management entity shall not unfairly penalize an entity that has relevant experience in the delivery of construction programs of similar size and complexity by methods of delivery other than program management.

(b)

Construction techniques. Contractors, design-build firms, contract management entities, program management entities, or any other person under contract to construct facilities or major additions to facilities may use any construction techniques allowed by contract and not prohibited by law, including, but not limited to, those techniques known as fast track construction scheduling, use of components, and systems building process.

(1)

Except as otherwise provided by law, the services of a registered architect must be used for the development of plans for the erection, enlargement, or alteration of any city facility. The services of a registered architect are not required for a minor renovation project for which the construction cost is less than $50,000.00. However, any such renovation must demonstrate compliance with building code requirements and ensure that these structures are adequately anchored for wind resistance as required by law.

(2)

The reuse of existing construction documents or design criteria packages is allowable where such reuse is feasible and practical and properly agreed to with the architect of record.

(3)

Except as otherwise provided in this section, the negotiation procedures applicable to construction management contracts and the design-build process must conform to the requirements of F.S. 287.055, Florida Statutes.

(c)

Bidding procedures. If the city utilizes competitive bidding as the procedure for construction of a new facility, it must comply with all of the requirements of the Florida Statutes. If the city determines that it will use design-build, construction management or a program management entity for purposes of constructing, remodeling a facility, the city may select the professional who will act as the city's agent utilizing these procedures pursuant to the procedure outlined in F.S. 287.055.

(d)

Utilization of minority business enterprises. Any procedure used pursuant to this section must be in compliance with all requirements for utilization of minority business enterprises when possible pursuant to state law, city ordinance and city policy.

(Ord. No. 318, §§ 1—4, 5-11-98; Ord. No. 328, §§ 1—4, 10-12-98)

State law reference

Consultants' Competitive Negotiation Act, F.S. § 287.055.