Miami-Dade Legislative Item
File Number: 081969
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File Number: 081969 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: NORTH TERMINAL DEVELOPMENT Introduced: 6/20/2008
Requester: NONE Cost: Final Action:
Agenda Date: 7/1/2008 Agenda Item Number: 7K
Notes: SEE 082299 FOR FINAL VERSION AS ADOPTED 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 EXECUTE CHANGE ORDERS, EXTEND CONTRACT TIME, WAIVE LIQUIDATED DAMAGES, AND MODIFY CONTRACT TERMS FOR CONTRACTS RELATING TO NORTH TERMINAL DEVELOPMENT PROJECT WITHOUT THE NEED FOR PRIOR COMMISSION APPROVAL; ESTABLISHING CONDITIONS FOR EXERCISE OF DELEGATED AUTHORITY; WAIVING COMMITTEE REVIEW OF NEW NORTH TERMINAL CONTRACTS AUTHORIZING TIME EXTENSIONS BEFORE AND AFTER EXPIRATION OF CONTRACT TIME; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 080974]
Indexes: MIAMI INTERNATIONAL AIRPORT
  NORTH TERMINAL
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

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

Board of County Commissioners 7/1/2008 7K Amended
REPORT: (SEE AGENDA ITEM 7K AMENDED; LEGISLATIVE FILE NO. 082299.)

County Attorney 6/20/2008 Assigned David M. Murray 6/20/2008

Airport and Tourism Committee 6/12/2008 2A Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney David Murray read the foregoing proposed ordinance into the record. Chairman Diaz announced that the foregoing proposed ordinance was open for public participation, and there being no one to appear before the Committee, the public hearing was closed. Assistant County Attorney Murray advised that Section 2-285.1(1) of the foregoing proposed ordinance was amended to read as follows: “With respect to contracts assigned to Miami-Dade County pursuant to Resolution R-735-05, or other contracts previously procured by American Airlines and previously assumed by Miami-Dade County via action of the Board of County Commissioners, or contracts to finish work begun but left incomplete as of August 1, 2005, or contracts related to the construction, design, or construction management of the North Terminal Development which were awarded by the Board of County Commissioners prior to May 1, 2008---.” He noted this language was repeated in Subsection (g) of the proposed ordinance. Commissioner Martinez noted he would vote in support of the foregoing proposed ordinance, however, he pointed out that the ordinance requested waiving Committee review of new North Terminal contracts. He referenced Agenda Item 3A on today’s (6/12) agenda which included a shortfall of $30 million, resulting from a reverse negative change order that was done without the County Commission’s approval. Commissioner Martinez noted the Committee would be removing itself from the review process. Commissioner Sosa spoke in support of the foregoing proposed ordinance. She noted she felt this ordinance would expedite finalizing construction at Miami International Airport, while keeping the County Commission and County Administration apprised of the steps being taken regarding the North Terminal. Chairman Diaz noted a substantial amount of money would be saved in the future as a result of this proposed ordinance. Hearing no further comments or questions, the Committee by motion duly made, seconded and carried, voted on the foregoing proposed ordinance with the amendment noted by Assistant County Attorney 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 EXECUTE CHANGE ORDERS, EXTEND CONTRACT TIME, WAIVE LIQUIDATED DAMAGES, AND MODIFY CONTRACT TERMS FOR CONTRACTS RELATING TO NORTH TERMINAL DEVELOPMENT PROJECT WITHOUT THE NEED FOR PRIOR COMMISSION APPROVAL; ESTABLISHING CONDITIONS FOR EXERCISE OF DELEGATED AUTHORITY; WAIVING COMMITTEE REVIEW OF NEW NORTH TERMINAL CONTRACTS 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, pursuant to the Fourth Lease, Construction, and Finance Agreement between American Airlines and Miami-Dade County, American Airlines assigned to the County in excess of ninety design and construction contracts for contractors performing work on the North Terminal Project; 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) With respect to contracts assigned to Miami-Dade County pursuant to Resolution R-735-05, or other contracts previously procured by American Airlines and previously assumed by Miami-Dade County via action of the Board of County Commissioners, or contracts to finish work begun but left incomplete as of August 1, 2005, or contracts related to the construction, design, or construction management of the North Terminal Development which were awarded by the Board of County Commissioners prior to May 1, 2008, and notwithstanding and prevailing over any other provision of the Code of Miami-Dade County, Florida to the contrary, the Mayor and the Airport Director, shall have the authority to: 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. Additionally, to the extent that a contract listed above has expired, and such contract was competitively procured and contains no minority goals or measures, the County Mayor, and the Airport Director, may recommend to the Board of County Commissioners that a contract be re-awarded to the firm holding such expired contract, and such request will be heard by the full Board of County Commissioners without need for prior Committee Approval. The authority delegated in this section is intended to be supplemental to, and shall not limit, authority otherwise granted to the Mayor, County Manager, or Airport Director by ordinance or by administrative order.

(2) The authority in this Subsection is subject to the following limitations:

(a) Any amendment in excess of ten million dollars in value shall be subject to the prior approval of the Board of County Commissioners, but shall not require prior committee approval.

(b) Any exercise of authority to this section shall be subject to the budget approved by the Board for the North Terminal Development Project as a whole.

(c) Any exercise of authority pursuant to this Section shall require ratification by the Board.

(d) 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 may 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 provision of the Code relative to such programs shall not be applicable to the contracts specified herein 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.

(g) The provisions of this Ordinance shall not apply except to those contracts listed in Resolution R-735-05, or other contracts previously procured by American Airlines and previously assumed by Miami-Dade County via action of the Board of County Commissioners, or contracts to finish work begun but left incomplete as of August 1, 2005, or contracts related to the construction, design, or construction management of the North Terminal Development which were awarded by the Board of County Commissioners prior to May 1, 2008.<<

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 within ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.


Section 5. This ordinance shall sunset upon the earlier of January 1, 2011, or upon the substantial completion of the North Terminal Development Project, or upon longer the Director of the Miami-Dade County Aviation Department.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double-arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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