Miami-Dade Legislative Item
File Number: 073018
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File Number: 073018 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: CONTRACTS RELATING TO NORTH TERMINAL DEVELOPMENT MIA Introduced: 10/5/2007
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 7
Notes: HAS A SUNSET PROVISION Title: ORDINANCE RELATING TO THE NORTH TERMINAL DEVELOPMENT AT MIAMI INTERNATIONAL AIRPORT; AUTHORIZING COUNTY MAYOR OR, IF AUTHORIZED BY THE COUNTY MAYOR THE AIRPORT DIRECTOR TO ADVERTISE, ACCEPT OR REJECT BIDS, AWARD, AMEND OR MODIFY CONTRACTS RELATING TO NORTH TERMINAL DEVELOPMENT PROJECT WITHOUT THE NEED FOR PRIOR COMMISSION APPROVAL; AUTHORIZING WAIVER OF COMPETITIVE BIDS; ESTABLISHING CONDITIONS FOR EXERCISE OF DELEGATED AUTHORITY; AUTHORIZING TIME EXTENSIONS BEFORE AND AFTER EXPIRATION OF CONTRACT TIME; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CONTRACT
  MIAMI INTERNATIONAL AIRPORT
  NORTH TERMINAL
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: Yes Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Airport and Tourism Committee 2/14/2008 2A Amended
REPORT: (See Agenda Item 2A Amended.)

County Attorney 1/17/2008 Referred Airport and Tourism Committee 2/14/2008

Airport and Tourism Committee 1/17/2008 2A Deferred P

County Attorney 12/6/2007 Referred Airport and Tourism Committee 1/17/2008

Board of County Commissioners 10/16/2007 Tentatively scheduled for a public hearing Airport and Tourism Committee 11/15/2007

Board of County Commissioners 10/16/2007 4K Adopted on first reading 12/13/2007 P
REPORT: Hearing no objection, the foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Airport and Tourism Committee on December 13, 2007, at 9:30 a.m., as requested by Commissioner Diaz, as Chairman of the Airport and Tourism Committee.

County Attorney 10/5/2007 Assigned Airport and Tourism Committee 11/15/2007

County Attorney 10/5/2007 Assigned David M. Murray

Legislative Text


TITLE
ORDINANCE RELATING TO THE NORTH TERMINAL DEVELOPMENT AT MIAMI INTERNATIONAL AIRPORT; AUTHORIZING COUNTY MAYOR OR, IF AUTHORIZED BY THE COUNTY MAYOR THE AIRPORT DIRECTOR TO ADVERTISE, ACCEPT OR REJECT BIDS, AWARD, AMEND OR MODIFY CONTRACTS RELATING TO NORTH TERMINAL DEVELOPMENT PROJECT WITHOUT THE NEED FOR PRIOR COMMISSION APPROVAL; AUTHORIZING WAIVER OF COMPETITIVE BIDS; ESTABLISHING CONDITIONS FOR EXERCISE OF DELEGATED AUTHORITY; AUTHORIZING TIME EXTENSIONS BEFORE AND AFTER EXPIRATION OF CONTRACT TIME; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS Miami-Dade County, through its Aviation Department, is engaged the construction of the North Terminal Development, the largest airport construction project in the Southeast United States; and
WHEREAS the North Terminal Development is an extraordinarily complex project involving new construction and the demolition and renovation of existing facilities; and
WHEREAS the North Terminal Development involves construction within and around existing structures all within the context of the uninterrupted operation of the area's busiest airport; and
WHEREAS the North Terminal Development has suffered from the need to use successor contractors and has to date suffered extensive delays; and
WHEREAS an expedited process for the award and modification of North Terminal Development contracts would allow for the expedient handling of contract issues including addressing incomplete items, changes in scope, and owner directed changes, and would allow for more efficient construction and faster payments to contractors and subcontractors, restoring confidence in the project in the contracting community; and
WHEREAS the expedited process would be subject to established safeguards and Board oversight through ratification; and
WHEREAS this Board desires to institute procedures to expedite administration of awarded and assumed contracts for the design, construction and installation of good related to North Terminal Development Project, so as to foster greater efficiency in the contracting process, while reflecting at all times this Board's policy decisions relating to procurement practices for the County and the Board's sensitivity to small business contracting goals as expressed from time to time by the Board,
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The Code of Miami-Dade County, Florida is hereby amended by adding the following new section thereto as Section 2-285.1:1
>>Section 2-285.1 Mayor's authority as to contracts relating to the North Terminal Development Project at Miami International Airport.
(1) Notwithstanding and prevailing over any other provision of the Code of Miami-Dade County, Florida to the contrary, the Mayor or if authorized by the County Mayor the Airport Director shall have the authority to advertise, determine selection committee members, accept or reject bids, negotiate professional services contracts, award, and amend any contract for services to be performed, facilities to be constructed, or goods to be incorporated in connection with the North Terminal Development Project at Miami International Airport. The authority delegated in this section is intended to be supplemental to, and shall not limit, authority otherwise granted to the Mayor or County Manager by ordinance or by administrative order. The Mayor or, if authorized by the County Mayor, the Airport Director, may issue notices to proceed, extend the contract time and waive liquidated damages for failure to comply therewith before the specified date for completion of the contract provided good cause exists and the contract provides that after the expiration of the contract time the County may extend the contract time or waive liquidated damages; and may otherwise modify the contract terms, may increase or reduce in any amount the scope and compensation payable under any contract, and may grant compensable and non-compensable time extensions.
(2) The authority in this Subsection is subject to the following limitations:
(a) Any decision to accept or reject bids or proposals or to award or amend any contract in the manner provided in this section shall be subject to the prior approval of the North Terminal Development Steering Committee (the "NTD Committee"). The NTD Committee shall be a fact-finding committee and shall be comprised of the Aviation Director, two deputy directors and the North Terminal Program Director. The NTD Committee shall be advised by the Bond Consulting Engineer and such members of staff as necessary to perform their functions.
(b) Any exercise of authority to this section shall be subject to the budget approved by the Board for the North Terminal Development Project.
(c) Any exercise of authority pursuant to this Section shall require ratification by the Board.
(d) Competitive bids for contracts and purchases under this section shall be required when the transaction is in an amount exceeding one million dollars ($1,000,000). Nothing in this section shall affect the requirements of State law for the competitive purchase of goods and services, including those related to public construction work and those contained in the Consultants Competitive Negotiation Act.
(e) Any exercise of authority pursuant to this section shall be in conformity with the policies and procedures which shall be established by implementing order to be approved by this Board. The implementing order shall contain guidelines for the exercise of the authority conferred under this section, and shall specifically provide for the application of County policies with respect to contracting, including but not limited to procedures for bid protests, inclusion of small business measures, community business enterprises, community small business enterprises, community workforce, and responsible wages. The provisions of this Code relative to those programs shall not be applicable to the North Terminal Development except as specifically provided for in the implementing order.
(f) Nothing in this section shall affect the process for settlement of construction disputes relating to the North Terminal Development approved by separate resolution of the Board.


Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective upon approval of the Implementing Order described in Section 2-285.1(2)(e) herein, unless this ordinance is vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board and also approval of the Implementing Order described in Section 2-285.1(2)(e) herein.
Section 5. This ordinance shall sunset upon the earlier of January 1, 2011, or upon the substantial completion of the North Terminal Development Project.



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