Legislative Matter

Miami-Dade Legislative Item
File Number: 110242

Printable PDF Format

Clerk's Official Copy

File Number: 110242

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-183-11

Control: County Commission

File Name: CHANGE ORDER NO. 3 FOR MCC-7-05 W/MIKE GOMEZ CONSTRUCTION

Introduced: 2/1/2011

Requester: NONE

Cost:

Final Action: 3/3/2011

Agenda Date: 3/1/2011

Agenda Item Number: 11A4

Notes:

2/3 VOTE REQUIRED.

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR TO NEGOTIATE CHANGE ORDER NO. 3 TO MISCELLANEOUS CONSTRUCTION CONTRACT NO. MCC 7-05 WITH MIKE GOMEZ CONSTRUCTION CONSULTING, INC., INCREASING THE CONTRACT IN AN AMOUNT NOT TO EXCEED $10 MILLION DOLLARS AND EXTENDING THE CONTRACT TIME NO LATER THAN SEPTEMBER 30TH, 2011; AUTHORIZING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE SUCH CHANGE ORDER AND TO EXERCISE DELEGATED AUTHORITY DESCRIBED THEREIN, AND WAIVING FORMAL BID PROCEDURES AND PROVISIONS PURSUANT TO SECTION 2-8.1 MIAMI DADE COUNTY CODE AND SECTION 5.03(D) OF THE MIAMI-DADE HOME RULE CHARTER, AND SECTION 255.20 FLORIDA STATUTES

Indexes:

WAIVE OF BID PROCEDURES

Sponsors:	Audrey M. Edmonson, Prime Sponsor
	Barbara J. Jordan, Co-Sponsor
	Jean Monestime, Co-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	3/3/2011	11A4	Adopted				P

Board of County Commissioners	3/1/2011	11A4	Deferred		3/3/2011		P

Regional Transportation Committee	2/7/2011	3B	Forwarded to BCC with a favorable recommendation as corrected				P
REPORT:	Assistant County Attorney Bruce Libhaber read the foregoing proposed resolution into the record. Commissioner Edmonson noted she hoped the Committee would approve forwarding this resolution to the full Board to allow commissioners more time to review it. She said she became aware of this issue when it was brought to her attention by members of the Community Small Business Enterprise (CSBE) program. She also said she understood that an MCC 8 project was in progress, and inquired about its status and when it would be advertised. Mr. Jose Abreu, Director, Miami-Dade Aviation Department (MDAD), noted the targeted date was this summer, approximately six months from now. Responding to Commissioner Edmonson’s inquiries regarding whether the Office of Capital Improvements (OCI) would oversee this project and if so, would the project be delayed or cumbersome if OCI managed it, Mr. Abreu noted he did not think so, and that OCI was one alternative for overseeing the project. Assistant County Manager Ysela Llort noted the Administration was asking that the current Miscellaneous Construction Contract (MCC-7-05), which had expired, be extended until such time as a replacement contract was in place. She noted two alternate methods were offered to allow work to continue at Miami International Airport (MIA); one methodology was to use OCI’s MCC process; the advantage of this being that a contract was already in place and just needed to be extended. Commissioner Edmonson noted she was asking the Committee to approve extending the current MCC-7-05 contract so that the small businesses (SBs) could continue working at the Airport; otherwise, the projects would slow down. She also noted she was asking for an additional $10 million along with this extension, in addition to the $10 million previously granted. She noted that MDAD’s budget had the funds, and continuing the MCC-07-05 contract would speed up the procurement process. Mr. Abreu stated he could certainly work with the intent of this resolution. Following her comments that the Commission made commitments to support the SBs and the CSBE program, and this resolution urged the Commission to support the short-term construction needs of SBs at the airport, Commissioner Edmonson moved a motion to forward this resolution to the County Commission with a favorable recommendation. The motion was seconded by Commissioner Moss. Commissioner Heyman expressed concern that the MCC-7-05 contract had expired on January 22, 2011. She asked who was overseeing these projects. She expressed concern that no one was accountable for them, and the County was reverting to an old practice of granting retroactive change orders and extensions. She noted the County was paying good salaries to administrators to monitor these contracts and ensure the jobs were completed before the contracts expired. Assistant County Manager Llort advised that an alternate contracting process through OCI was available to the airport. Commissioner Heyman noted the operation should continue since the projects were not completed. She asked whether the County could have gotten a better return on its investment had it known before hand that extensions would be needed. Commissioner Heyman also noted a scrivener’s error existed on handwritten page 5 of this resolution regarding the amount that should not be exceeded. Assistant County Attorney David M. Murray announced that a scrivener’s error existed in the “NOW THERFORE” clause of this resolution which should be corrected to read: “not to exceed $10 million,” instead of $5 million. Mr. Abreu responded to Commissioner Heyman’s question regarding whether any incentive existed for extending the current contract, such as getting the job done timely or the County getting a better return. He noted the group that managed contracts for the MDAD was a very responsible group and the core of the MCC program, and would ensure that new bids were received. Commissioner Heyman noted she would support this resolution. She said liked the idea that if someone was performing well, the bidding process for the project did not have to start over; however, she had concerns with doubling the amount for another $10 million, and the County not getting a better return. Chairman Barreiro pointed out that the language “…not to exceed $10 million” did not mean the entire $10 million had to be spent, and noted he supported this item. Hearing no further comments or discussions, the Committee forwarded the foregoing proposed resolution to the full County Commission with a favorable recommendation as revised to correct a scrivener's error in the language contained in the “NOW, THEREFORE...” clause, on handwritten page five, in the phrase “in an amount not to exceed $5 million,” to change $5 million to $10 million.

County Manager	2/4/2011		Additions	Regional Transportation Committee	2/7/2011

County Attorney	2/1/2011		Assigned	David M. Murray

County Attorney	2/1/2011		Referred	Regional Transportation Committee	2/7/2011

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR TO NEGOTIATE CHANGE ORDER NO. 3 TO MISCELLANEOUS CONSTRUCTION CONTRACT NO. MCC 7-05 WITH MIKE GOMEZ CONSTRUCTION CONSULTING, INC., INCREASING THE CONTRACT IN AN AMOUNT NOT TO EXCEED $10 MILLION DOLLARS AND EXTENDING THE CONTRACT TIME NO LATER THAN SEPTEMBER 30TH, 2011; AUTHORIZING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXECUTE SUCH CHANGE ORDER AND TO EXERCISE DELEGATED AUTHORITY DESCRIBED THEREIN, AND WAIVING FORMAL BID PROCEDURES AND PROVISIONS PURSUANT TO SECTION 2-8.1 MIAMI DADE COUNTY CODE AND SECTION 5.03(D) OF THE MIAMI-DADE HOME RULE CHARTER, AND SECTION 255.20 FLORIDA STATUTES

BODY

WHEREAS, the current economic downturn has severely impacted small construction contractors in Miami-Dade County, along with other businesses; and
WHEREAS, the Miscellaneous Construction Contract No. MCC-7 (the MCC) has proven to be an efficient and effective way of accomplishing needed repairs and construction at Miami-International Airport while also maximizing small business participation in such repairs or construction; and
WHEREAS, the ability to issue new work orders under the MCC expired on January 22nd, 2011, although the contractor continues to perform work on previously issued work orders; and
WHEREAS, the next available Regional Transportation Committee meeting to consider an extension of the MCC is on Monday, February 7th, 2011; and
WHEREAS, a replacement contract will not be awarded until later this year; and
WHEREAS, the expiration of the MCC and the absence of such a contract would negatively impact both the Airport and the small business community; and
WHEREAS, the contractor is currently on site at Miami International Airport, is performing work, is appropriately licensed, and is uniquely qualified to perform work until a successor contract is let and awarded; and
WHEREAS, work is issued under the MCC on an as-needed basis, so in the event construction work under the MCC is not needed prior to end of the contract, that money will be returned to the County and used to fund the successor contract, MCC-8; and
WHEREAS, the County Mayor has recommended that a waiver of competitive bids to allow execution of this change order is in the best interests of Miami Dade County, such recommendation being attached hereto and incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby directs the County Mayor or the Mayor�s designee to negotiate Change Order No. 3 to Miscellaneous Construction Contract No. MCC-7-05 with Mike Gomez Construction Consulting, Inc., which Change Order shall increase the contract duration issuance of a successor contract or until no later than September 30th, 2011, and increasing the contract amount in an amount not to exceed $10 million dollars, and which provides for a termination for convenience clause; and authorizes the County Mayor or his Designee to execute such change order without need for subsequent Board action; finds it to be in the best interest of the County to waive formal bid procedures pursuant to Section 2-8.1, Miami-Dade County and Section 5.03 (D)of the Miami-Dade Home Rule Charter, and Section 255.20 Florida Statutes, by a two-thirds (2/3) vote of members of the Board of County Commission.