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2001-24524 RESO ~ I RESOLUTION NO. 2001-24524 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE ESTABLISHMENT OF A JOB ORDER CONTRACTING (JOe) SYSTEM FOR ACHIEVING TIMELY AND COST EFFECTIVE PROCUREMENT OF MAINTENANCE AND CONSTRUCTION SERVICES FOR CAPITAL PROJECTS UP TO $500,000 IN TOTAL COST. WHEREAS, the City Commission at its December 20, 2000 meeting, referred to the Finance and Citywide Projects Committee the Job Order Contracting (JOC) System; and WHEREAS, the Finance and Citywide Projects Committee at its February 12, 2001 meeting, was provided with a presentation that consisted of the following: a historical overview, why other public agencies use JOC, the JOC contract documents, the JOC process, why JOC works, lower costs, and greater participation for small, local and emerging businesses; and WHEREAS, an oral report was provided to the City Commission at its February 21, 2001 meeting; and WHEREAS, JOC will enable the City to achieve its primary objective of being able to "more rapidly engage contractors" while lowering costs and strengthening internal controls; and WHEREAS, JOC does not replace any of the existing contracting systems including program management services; and WHEREAS, JOC is an efficient and effective tool for the City to use in accomplishing its facilities maintenance and construction program. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, Authorizing the Administration to issue a Request for Proposals (RFP) for the establishment of a Job Order Contracting (JOC) system for achieving timely and cost effective Procurement of Maintenance and Construction Services for Capital Projects up to $500,000 in total cost. PASSED and ADOPTED this 18th 00' ii" MAYOR ,2001. ATTEST: IV APPROVED AS TO { 1 ~RM&LANGUAGE OR ECUTION CITY CfRK JMG:GL IICH2\VOLlIPU CIS . doc '(-{! t'"() [ Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami.beach.f1.us COMMISSION MEMORANDUM NO. l/6 ?-iJ/ TO: Mayor Neisen O. Kasdin and Members ofthe City Commission Jorge M. Gonzalez \., ~ City Manager OI'V 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE ESTABLISHMENT OF A JOB ORDER CONTRACTING (JOC) SYSTEM FOR ACHIEVING TIMELY AND COST EFFECTIVE PROCUREMENT OF MAINTENANCE AND CONSTRUCTION SERVICES FOR CAPITAL PROJECTS UP TO $500,000 IN TOTAL COST. DATE: July 18,2001 FROM: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS: The City Commission at its December 20, 2000 meeting, referred to the Finance and Citywide Projects Committee the Job Order Contracting (JOC) System. The Finance and Citywide Projects Committee at its February 12,2001 meeting, was provided with a presentation that consisted of the following: a historical overview, why other public agencies use JOC, the JOC contract documents, the JOC process, why JOC works, lower costs, and greater participation for small, local and emerging businesses. An oral report was provided to the City Commission at its February 21, 2001 meeting. The Administration has prepared the attached scope of services and the evaluation criteria that will be incorporated into the RFP. Why JOC? Achieving timely and cost effective procurement of maintenance and construction services is one of the most difficult and challenging facility related tasks facing the City of Miami Beach. Complying with the standard procurement regulations required for traditional construction services contracts, combined with the necessary technical component of defining the requirements (i.e. architectural and engineering drawings and specifications) for bidding, makes it difficult to be responsive to facility users in a timely manner. Agenda Item C7w '7-1(-0 ) Date Commission Memorandum JOC System July 18, 2001 Page 2 of9 There is an effective solution to minimize these challenges. It is called "JOC" (which is an acronym for Job Order Contracting). JOC is a tested and proven solution that's been around for over 15 years and utilized by more and more public agencies each year. Utilizing a traditional bid process, a "typical" construction project would required 10-12 weeks for procurement of services and design by a consultant, 4-6 weeks for the solicitation process (i.e. advertisement, pre-bid, bid opening, evaluating, tabulating, recommending), and 4-6 weeks for contract award - all for a project which may require as little as two weeks to actually construct. Furthermore, the design, administrative and advertisement costs associated with these types of projects can be 15-25% of the construction cost especially for smaller projects. A JOC System has been successfully used by other public entities faced with conditions similar to the City. Essentially, JOC provides for contractors by establishing unit prices and technical specifications according to which the General Contractor will perform any work stipulated by the City over the term of the contract. Once the contract is in place, individual projects are identified and the scope is developed jointly with the JOC contractor. An automated system provides for preparation of a cost proposal and issuance of the work order. The contractor is responsible for preparation of design plans and obtaining permits, if necessary. The system is analogous to issuing a series of small designlbuild projects at a price that has been pre-established through a competitive bid process. What are the benefits of JOe? The benefits associated with procuring maintenance and construction services utilizing JOC include all of the following: . Significant time savings - an average savings of between 60-180 days per project. . Lower overall construction costs- typically in the range of 8-15%. . A consistent increase in the level of quality. . An increase in contractual control. . A significant reduction in claims and changes. . A substantial increase in the utilization oflocal, minority and women-owned businesses. The City's dynamic enviromnent has created a need for facility managers to have a more responsive contracting technique for the accomplishment of maintenance, repair and minor construction projects. Constraints imposed by the existing supply, contracting and personnel systems limit the facility manager's ability to respond to urgent and time sensitive requirements. JOC is an innovative contracting system that was developed to enhance responsiveness while providing a higher level of quality work at a lower cost. The Job Order Contracting system is a great deal more than just a unit price book and some prepackaged software. JOC is a comprehensive procurement system for obtaining construction services. It was specifically designed to help public agencies complete routine construction services more rapidly and at a significantly lower cost than the traditional system of construction contracting. Commission Memorandum JOC System July 18,2001 Pagd of9 Since that time the Federal Government has used JOC to accomplish over $5 Billion worth of minor construction projects. The JOC concept has proven that facility managers, given the proper tools, can consistently provide efficient and cost effective support to their customers. How Does It Work? The Job Order Contract is a specially designed indefinite quantity contract that is awarded on a periodic basis to one or more contractors. Each JOC is competitively procured using either a sealed bid or a request for proposal and has a pre-established minimum and maximum dollar amount. Work is accomplished by the issuance of a series of individual work orders to the contractor. This continuing incentive allows the contractor to be continually rewarded for providing quality and responsive work. The Job Order Contract package consists of three major documents: . A location specific Unit Price Book containing over 140,000 construction tasks. Each task contains a task description, unit of measurement, and a unit price. Each unit price contains locally developed direct costs for material, equipment, and labor. The construction tasks encompass all aspects of construction work. . A set of detailed technical specifications for each of the 140,000 construction tasks. The specification set incorporates the City's own specifications. . The terms and conditions that contain the specific contract language concerning the execution of the contract. The general guidance given to potential contractors during the advertisement phase is that the City cannot give any specific information regarding individual projects or types of projects. No commitment is made with regard to which specific tasks will be used or in what quantities. Since the contract value ranges from some nominal minimum to a maximum amount the intending bidders are advised that the City is only obligated to award the minimum amount during the term of the contract. Intending bidders are required to submit a "bid" on all work contained in the unit price book by quoting a single adjustment factor that would be applied for work accomplished during normal working hours and a single adjustment factor for work to be accomplished during other than normal working hours. These two adjustment factors represent the contractor's only adjustment to the prices published in the unit price book and must include all indirect cost such as overhead, profit, bonds, insurance, design and contingency costs. For example, an adjustment factor of25% would be bid as 1.25. During the execution of the contract the unit price of a specific construction task is multiplied by the appropriate adjustment factor to obtain the final price to be paid for the specific task. JOC represents a competitively bid, firm fixed price contract since all the prices and the adjustment factors are established before the contract is awarded. Commission Memorandum JOC System July 18, 2001 Page 4 of9 The actual JOC execution process begins with joint review of the scope of work between the City and the contractor. This review will include an on-site inspection. After the scoping conference the City provides the contractor with a formal scope of work. The level of detail and design included in the scope of work is a function of the difficulty of that particular project. The contractor breaks the scope of work down into individual tasks and prepares his pricing proposal using the unit price data contained in the unit price book. The total price is achieved by multiplying the specific construction task by the appropriate quantities for that task and then multiplying by the adjustment factor. As part of the pricing proposal, the contractor also develops a schedule and assembles any technical data requested by the City. The proposal is then evaluated against the City's in-house estimate and any differences in scope or quantities are verified. If the client is satisfied that the contractor's proposal represents a fair and reasonable price for the work, then a firm fixed priced, Iwnp swn work order can be issued to the contractor. This work order is the contractor's notice to proceed. Inspection and acceptance of work are accomplished in the normal fashion. What's the Major Advantage of JOC? The m~or advantage of the Job Order Contracting System is that the individual work orders give the contractor a "continuing incentive" to do timely and high quality work. The incentive is generated because each work order only represents a small portion of the total possible contract. By doing responsive and high quality work, the contractor can expect follow on work orders. Other Significant advantages of JOC include: Increased Responsiveness Independent studies have shown that JOC can save between 75-85% in the time it takes to engage construction contractors over the more traditional contracting methods. Lower Costs JOC can save the City between 8-15% in actual costs as compared to traditional contracting methods. These cost savings occur from reduced design costs, lower procurement costs, lower project costs and reduced post award costs. Design costs are reduced since a majority of the typical JOC projects can be described without having to develop full design docwnents. In those cases where some design is required, the design only needs to be completed to the point of being "priceable" and "biddable". For every project the specifications are already developed as part of the basic JOC contract. Design savings range from 2-6%. Lower Procurement costs will be realized since the public agency will not have to develop, advertise, and award individual firm fixed priced contracts for every small to medium sized project. The cost of reproducing the contract documents alone can range from '12-1 % of the cost of construction. The average procurement cost using the traditional methods for medium sized projects is $0.40 per thousand, for JOC the cost drops to $0.16 per thousand. Typical overall procurement savings can range from 2-4%. Commission Memorandum JOC System July 18,2001 Page 50f9 Studies have shown that when analyzing comparable work JOe is 4-8% cheaper because of reduced indirect costs and the absence of large contingencies. For example, if you consider a single project that is being advertised under the traditional system, intending bidders will include in their bid anticipated overhead costs for the full duration ofthe project. These costs will represent field as well home office costs. Under JOe, the contractors spread their anticipated overhead cost over the entire contract and therefore, the individual overhead allocation against anyone project is a small percentage of the total overhead. Other studies have shown that contractors, when developing their Joe bid, will lower the contingency cost because he/she will have the opportunity to inspect ~~~~m~~~~~~b~~&~~ What about Change Orders and Claims? Post award costs primarily include change orders and claims. Under JOe the contractor jointly scopes the work with the client and any misunderstanding or confusion is openly discussed and resolved. If a question arises during the proposal development the contractor is free to contact the City's representative and get the appropriate answers. This non-adversarial relationship eliminates the underlying cause of most claims and changes. Another key issue is that since Joe is a series of individual work orders it is generally not in the contractors' best interest to submit claims. Change orders arising from changes in the scope of work, or as a result of differing site conditions, are handled as separate work orders. Post award cost savings have been shown to be I -3% of the cost of construction. Enhanced Opportunities for Small Business Owners JOe has been designed to enhance the participation of small business owners. Since no commitment is made to the JOe contractor regarding specific projects or items of work, the contractor cannot profitably develop an in-house work force and is forced to maximize the use of subcontractors. Over the past 5 years, more than 40% of all JOe work has been subcontracted to small or minority-owned businesses. JOC Produces Higher Quality Construction Since the structure of the JOe is a series of sequential work orders, the contractors have an on-going financial incentive to produce quality projects. If the contractor fails to maintain the desired level of quality, the City can elect to give future projects to other JOe contractors or to accomplish the projects in the traditional manner. The "contractual motivation" under JOe is the complete reverse of the traditional system where the contractor has been awarded a one time, fixed price contract. With the traditional system the contractor must make as much money as shelhe can off that one opportunity. The contractor typically increases their profit by cutting corners and submitting requests for claims and change orders. This sort of contractual behavior is not found with Joe since it would only serve to diminish future opportunities. Commission Memorandum JOC System July 18,2001 Page 60f9 Joe has been approved for use by the General Accounting Office The General Accounting Office (GAO) has fully reviewed the JOC concept and found it to be consistent with all Federal procurement laws and policies. Therefore, any federal funds received by the City can be obligated through the JOC process. The JOC concept was designed with internal controls as an integral part of the check and balance process. The JOC concept relies on automated software, which provides an excellent audit trail of all JOC work orders and transactions as well as various verification programs to ensure the integrity of the JOC database. How much would it cost? The consultant fee under JOC is typically 3% of the dollar value of work orders issued. It is estimated that over the duration of the JOC contracts the consultant fee (typically 3%) could be covered by the savings in advertisinglbidding costs alone. The JOC System provides for procurement of an "annual General Contractors" through a traditional bid process. An indefinite quantity contract is established with fixed unit prices, against which work orders are issued for individual projects. In summary, the Job Order Contracting System will enable the City to achieve its primary objective of being able to "more rapidly engage contractors" while lowering costs and strengthening internal controls. JOC does not replace any of the existing contracting systems including program management services. JOC is just an efficient and effective tool for the City to use in accomplishing its facilities maintenance and construction program. JOC is a proven system that can offer immediate as well as long-term benefits. The Administration therefore recommends that the City Commission adopt the attached resolution. JMO'MDB,mBWLI T:IAGENDA\2001IAPR1801\CONSENTlJOCRFP.WPD Commission Memorandum JOC System July 18,2001 Page 70f9 SCOPES OF SERVICES Scope of Services. The City of Miami Beach ("the City") is seeking Proposals from qualified Consultants to develop, implement and assist in executing a Job Order Contracting System. This system is necessary to enhance the current contracting operations. The main objective of the system would be to enable the City to rapidly engage contractors to perform construction and construction related services. The minimum required scope of services is as follows: A. Document Preoaration. The Consultant must develop the full set of customized Job Order Contracting documentation including a City of Miami Beach specific Unit Price Book, Technical Specifications and the Contractual Terms and Conditions. (I). The City Unit Price Book shall contain no less than 100,000 individual construction tasks along with an associated unit price. Each unit price shall be developed based on the prevailing equipment, material and labor prices within the City's geographical region. The use of factors in localizing prices is not acceptable. (2) The Technical Specifications shall be developed in conjunction with the Unit Price Book and, where available, the City standards must be incorporated. (3) The contractual Terms and Conditions shall be developed in conjunction with the City's staff and shall include all appropriate contract language and forms. B. Procurement Suooort. The JOC consultant must be capable of providing the City with complete technical and marketing support during the procurement phase. Qualified staff with extensive public sector procurement experience must provide this support. The JOC consultant will be required to organize and conduct pre-bid meetings with the intending bidders as well as make presentations on behalf of the City with various business and contracting organizations. C. Svstems. The JOC Consultant must provide to the City a comprehensive JOC management information and support system. This system must be compatible with the Windows operating system for personal computers. The JOC management information and support system must be capable of providing full project tracking, automated development of cost proposals and independent the City estimates, generation of all project documentation, providing a project scheduling capability, budget and cost control, and the generation of customized reports. The system must be capable of incorporating current the City forms and documentation. Commission Memorandum JOC System July 18, 2001 Page 80f9 D. Training. Training is essential to ensuring that the JOC system functions properly. As part of the proposal, the consultant needs to consider the development of specialized training courses that would involve all parties utilizing the system. This may include: Procurement Staff Field Staff Engineers Clerical Administrative Staff and Contractors All aspects of the system are to be covered in the training. This must include but is not limited to the following: JOC Execution Implementation Procedures System Training Post Implementation Follow Up Refreshers as needed. All training is to be "Hands On" with functional use and individual performance as the objective. E. Technical Sunnort. A major component of the proposed system should include the follow on technical support. Expectations would include assisting the City in execution procedures, troubleshooting, implementation, and continuous system monitoring. Technical support is considered to be an on-going management support for the operational system. Commission Memorandum JOC System July 18, 2001 Page9of9 SELECTION CRITERIA Selection Criteria. a. Selection of firms to be included in the evaluation and selection process will be based on the following prerequisites: (1) Responsiveness to submission requirements. b. Selection of the most qualified firm will be based on the following criteria and weights: Criteria Weight/Score 1. Firm's Experience Relative to the full Development and Implementation of Job Order Contracting Systems 2. Organization Structure/Staffing 3. Qualifications of Personnel 4. References 5. Fee Proposal 6. Methodology and Approach 30 10 15 10 15 20 Total - All Criteria 100