Miami-Dade Legislative Item
File Number: 121650
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File Number: 121650 File Type: Resolution Status: Adopted
Version: 0 Reference: R-895-12 Control: County Commission
File Name: IO 3-57: ADOPTING STANDARD CONSTRUCTION GENERAL CONTRACTS Introduced: 8/21/2012
Requester: Internal Services Cost: Final Action: 11/8/2012
Agenda Date: 11/8/2012 Agenda Item Number: 8F3
Notes: Title: RESOLUTION APPROVING IMPLEMENTING ORDER 3-57 REQUIRING THE ADOPTION OF THE STANDARD CONSTRUCTION GENERAL CONTRACT CONDITIONS (THE ''STANDARD CONSTRUCTION CONTRACT'') BY ALL COUNTY DEPARTMENTS, AS THE STANDARD CONTRACT LANGUAGE FOR CAPITAL CONSTRUCTION PROJECTS
Indexes: IMPLEMENTING ORDER
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, 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 11/8/2012 8F3 Adopted P

Internal Mgmt. & Fiscal Responsibility Committee 10/16/2012 3F Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Hearing no questions or comments, the Committee proceeded to vote on this proposed resolution as presented.

Internal Mgmt. & Fiscal Responsibility Committee 9/11/2012 3G No action taken due to lack of a quorum

County Attorney 9/5/2012 Assigned Hugo Benitez

County Attorney 9/4/2012 Assigned Mayor
REPORT: item returned to agenda office

County Attorney 8/24/2012 Assigned Hugo Benitez

County Mayor 8/21/2012 Assigned County Attorney 10/2/2012
REPORT: ISD - Hugo Benitez assisted - Comm. Jordan Sponsor - pending cmte - Attachment: I.O.

County Mayor 8/21/2012 Assigned Ed Marquez 8/21/2012

Legislative Text


TITLE
RESOLUTION APPROVING IMPLEMENTING ORDER 3-57 REQUIRING THE ADOPTION OF THE STANDARD CONSTRUCTION GENERAL CONTRACT CONDITIONS (THE “STANDARD CONSTRUCTION CONTRACT”) BY ALL COUNTY DEPARTMENTS, AS THE STANDARD CONTRACT LANGUAGE FOR CAPITAL CONSTRUCTION PROJECTS.

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum and implementing order, copies of which are incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board approves the attached Implementing Order (IO) 3-57 regarding the adoption of the Standard Construction Contract by all County departments and authorizes the County Mayor or County Mayor’s designee to exercise any and all rights conferred therein.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Implementing Order 3-57: Adopting Standard Construction General Contract Conditions

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached Resolution adopting Implementing Order (IO) 3-57, which requires all County departments to adopt the attached Standard Construction General Contract Conditions (the “Standard Construction Contract”). This contract language will serve as standard construction contract language for all County construction projects, and was developed in response to Resolution R-1203-10 directing the standardization of construction-related documents and practices. The Standard Construction Contract, which is attached to IO 3-57, shall be updated and amended, as required, by the Director of the Internal Services Department.

Scope
This item impacts all capital construction projects throughout the County.

Fiscal Impact/Funding Source
There is no fiscal impact resulting from the implementation of this recommendation.

Track Record/Monitor
The Internal Services Department will be responsible for monitoring and updating this contract.

Delegation of Authority
There is no additional delegation of authority related to this item.

MANAGER'S BACKGROUND
Background
Most of the County departments currently involved in the implementation of capital construction projects, use their own individual construction contracts. Standardization of contract language and policies will provide significant benefits to the County and firms that the County employs, including:
* providing a uniform base for the management of construction projects countywide;
* contractors will only need to be familiar with one County construction contract that will streamline their operations and simplify their interaction with County departments;
* more efficient contractual reviews and interpretations by the County Attorney’s Office,
* simplified training for County staff and;
* seamless transition for employees that are re-assigned to other construction-related classifications.

Most importantly, it will simplify the understanding and enforcement of contract documents by all parties, thereby reducing costs, conflicts, and misunderstandings.

Miami-Dade County procures a considerable amount of construction services every year. The construction industry supports a substantial number of jobs in our community and is a major contributor to our local economy. Therefore, it is essential that the County move towards a more standardized approach to capital project implementation. The County has received feedback from the construction industry regarding the inherent difficulties they face in becoming familiarized with numerous different construction contracts when providing construction services on County capital projects. In addition, Resolution R-1203-10 directed the Administration to standardize various types of construction documents and practices.

A comprehensive two-year effort has resulted in development of a Standard Construction Contract ready for adoption by all County capital departments. This included a collaborative effort with the County’s capital departments and the major construction organizations in Miami-Dade County, including: the Engineering Contractors Association of South Florida, Associated General Contractors, Latin Builder’s Association, Associated Builders and Contractors of Florida, Builders Association of South Florida, the Community Small Business Enterprise Advisory Board, and others. Over the last two years, staff reviewed a substantial number of comments received from County departments, the County Attorney’s Office, and the construction industry. The vast majority of these comments have been incorporated into this revised IO 3-57.

Any unique requirements for individual departments (e.g. security and federal requirements at Miami International Airport, and federal and state requirements at Transit and Public Housing), will be addressed through Special Provisions to the Standard Construction Contract. These Special Provisions shall be prepared and maintained by each managing department and shall supplement the Standard Construction Contract. In cases where there is a conflict between the Special Provisions and the Standard Construction Contract, the Special Provisions shall take precedence. Updates to the Standard Construction Contract, which will incorporate lessons learned, industry changes and Board policies, shall be performed on an annual basis, as required. These updates shall be prepared by the Internal Services Department, working with user departments, the Office of the County Attorney and the construction industry.

This is a significant step in meeting the requirements of Resolution R-1203-10. Staff will continue with the standardization of other documents for capital contracts, including: standard invitations to bid; instructions to bidders; bid forms; change order and invoice forms; as well as standard record keeping, scheduling and invoicing practices. This effort is essential for the County to improve its efficiency in implementing capital projects, and is consistent with the Administration’s commitment to providing a more accessible and easy-to-navigate business environment.

Attachments


________________________
Edward Marquez
Deputy Mayor



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