Miami-Dade Legislative Item
File Number: 122357
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File Number: 122357 File Type: Ordinance Status: Withdrawn
Version: 0 Reference: Control: Infrastructure & Capital Improvements Committee
File Name: WASD ACCELERATE RE: CONTRACTING AUTHORITY Introduced: 11/27/2012
Requester: Water & Sewer Department Cost: Final Action: 3/12/2013
Agenda Date: 12/4/2012 Agenda Item Number: 4I
Notes: NOTE TO CAO: ITEM FILED IN BCC FOLDER FOR 12-4-12 BCC Title: ORDINANCE AMENDING SECTION 2-8.2.11 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO CONTRACT AUTHORITY FOR SPECIFIC WATER AND SEWER PROJECTS; PROVIDING FOR ACCELERATION OF PROJECTS APPROVED THROUGH THE WATER AND SEWER DEPARTMENT’S MULTI-YEAR CAPITAL PLAN; INCREASING AMOUNT OF CHANGE ORDERS THAT MAYOR OR MAYOR’S DESIGNEE CAN PROCESS FROM $500,000 TO $1,000,000; WAIVING COMMITTEE REVIEW FOR VARIOUS ACTIONS OF THE MAYOR OR MAYOR'S DESIGNEE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: NONE
Sponsors: Audrey M. Edmonson, 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

Infrastructure & Capital Improvements Committee 3/12/2013 3L Withdrawn P

Office of the Chairperson 3/11/2013 Withdrawals

Infrastructure and Land Use Committee 1/16/2013 1F6 Public hearing held and item deferred 2/12/2013 P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Jordan opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Chairwoman Jordan opened the floor for questions or comments from members of the Committee. Commissioner Zapata pointed out that this proposed ordinance involved a significant amount of money, and the Board would have to approve a consumer rate increase in order to pay for it. He said that he disapproved raising the consumers’ rates when the Committee would be removed from the oversight process. He noted he understood that staff members were trying to expedite the process, and asked why this was such a pressing issue. Mr. Joseph Ruiz, Deputy Director, Water and Sewer Department (WASD), said that this proposed ordinance was modeled on the accelerated ordinance approved by the Board previously, which was still in force, and which was intended to honor the commitments for the water use permit that the County undertook from the South Florida Water Management District. He added that this accelerated ordinance was helping the County honor its obligations pertaining to the previous Consent Order from the Environmental Protection Agency (EPA) and the Department of Justice with regard to high level disinfection at the South Dade Waste Water Treatment Plant. Mr. Ruiz noted the major project to be implemented under the accelerated ordinance, the South Miami Heights Water Treatment Plant, has yet to be completed. He explained that since the adoption of the accelerated ordinance, some things had changed; for example, previously the Administration required Board authority to advertise, but now the Mayor had that authority. Mr. Ruiz indicated that WASD supported the present item because it was modeled on the accelerated ordinance, and would reduce the length of the process by six weeks. He said that it would include projects that were part of the new Consent Orders with the EPA and the Department of Justice regarding all of the waste water treatment plants and a pump station. He added that it would also include all of the projects that were in Commissioner Jordan’s infrastructure needs report. He indicated that all of these projects were previously approved by the Board in the Department’s Comprehensive Capital Improvement Program. Commissioner Zapata asked for the total cost of the previous program implemented under the accelerated ordinance. Mr. Ruiz noted it was substantially less than the cost of the program to be implemented under the proposed ordinance. Commissioner Zapata pointed out that the total figure for the proposed ordinance was $10.9 billion, and asked the purpose for the accelerated nature of this request. He noted yesterday the commissioners agreed to expedite the completion of the repairs on the Key Biscayne Bridge because this involved an emergency; however, he said he failed to understand the urgency of the proposed ordinance, especially taking into account the reduction in the Board’s oversight. Mr. Ruiz noted the Consent Orders currently under negotiation contained projects from the Capital Improvement Program that had already been approved by the Board, and those particular projects included stipulated penalties for failing to meet the deadlines. Commissioner Zapata said he was uncomfortable approving an item with such a large cost when the Board would have no oversight; therefore, he would not support this item. Commissioner Diaz noted this item was complicated as an emergency situation existed with the water and sewer system; however, the amount required to pay for the repairs – close to $11 billion – was astronomical. Mr. Ruiz indicated that the final award would not be discussed at the Committee level, but would have to be approved by the Board. Pursuant to Commissioner Diaz’ question, Assistant County Attorney Sarah Davis clarified that the public hearing would be held before the full Board. Commissioner Diaz inquired whether this would be a normal or an expedited process. He referred to a similar process that was carried out at the airport to expedite existing contracts. However, the proposed ordinance involved a new procurement; therefore, the normal process should be used, noted the commissioner. Mr. Ruiz explained that the original accelerated ordinance for water and sewer projects under the Consent Order and the water use permit, currently in place, accelerated the process under a number of conditions. He pointed out that the proposed ordinance simply by-passed the Committee, noting the Board would maintain full oversight over the process. Commissioner Diaz recalled that the Board recently considered some items, and the Board members expressed regret that these items had circumvented the Committee review process. He noted he understood the need to expedite the proposed ordinance, and would support the item for now, but he had real reservations because of the amount involved. Mr. Ruiz pointed out that also included in the proposed ordinance was additional authority for the Mayor with regard to approving change orders. Commissioner Diaz said that he disagreed with this entirely. Mr. Ruiz clarified that this item would increase the Mayor’s authority from half a million to a million dollars. He noted of all the change orders which the department had received under the existing ordinance, all but two were for changing the time only; one involved an increase of $468,000 and a decrease of $400,000; and one involved a $16 million decrease in the amount of the contract. Commissioner Diaz said that, going forward, he did not want to give the Committee’s authority away. He asked whether it was necessary for the Committee members to vote on this item right now, or whether it could wait until the next meeting. Deputy Mayor Jack Osterholt said he understood Commissioner Diaz’ concerns and would transmit them to the Mayor. He indicated that if Commissioner Diaz wished to meet with the Mayor and his staff over this matter, they would gladly do so. Commissioner Diaz inquired whether it was necessary for the Committee members to vote on this item today, or whether it could be deferred. Mr. Osterholt noted this item was not time-sensitive. Commissioner Edmonson said since this item was not time-sensitive, she would ask for a deferral because she wanted her colleagues to be completely satisfied before moving this item forward. Chairwoman Jordan noted Commissioner Zapata raised some valid concerns regarding the amount involved, but she also understood the need to expedite this item because of the Consent Decree. She asked Commissioner Zapata when the Infrastructure and Capital Improvements Committee next meet, and noted, if the meeting was on a Monday or Tuesday, there would be sufficient time for the item to be placed on the following Board of County Commissioners (BCC) agenda. She asked the Assistant County Attorney if this was correct. Assistant County Attorney Bonzon-Keenan confirmed that this was generally the case, subject to the approval of the BCC Chairperson. She indicated that as procurement items did not generally require public hearings or prior advertisement, this would be possible; however, certain exceptions existed. Chairwoman Jordan said that she was trying to find a middle ground. She pointed out that Commissioner Zapata would be chairing the Infrastructure and Capital Improvements Committee; it was a new Committee; and she respected his wish to have a Committee hearing. On the other hand, it was important for this item to be expedited because of the Consent Decree, she stressed. Chairwoman Jordan noted she also agreed with Commissioner Diaz that it would be unwise to expand the Mayor’s authority to approve change orders. Hearing no further questions or comments, the Committee members proceeded to defer the item to the February 12, 2013 Committee meeting.

Board of County Commissioners 12/4/2012 Tentatively scheduled for a public hearing Infrastructure and Land Use Committee 1/16/2013

Board of County Commissioners 12/4/2012 4I Adopted on first reading 1/16/2013 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Infrastructure and Land Use Committee on Wednesday, January 16, 2013 at 2:00 p.m.

County Attorney 11/27/2012 Assigned Sarah E. Davis

County Mayor 11/27/2012 Assigned County Attorney 12/4/2012
REPORT: WASD (ASST. COUNTY ATTY: SARAH E. DAVIS) (PENDING CMTE ASSIGNMENT) (BCC SPONSOR: VICE CHAIR EDMONSON)

County Mayor 11/27/2012 Assigned Alina Tejeda-Hudak 11/27/2012 11/27/2012

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-8.2.11 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO CONTRACT AUTHORITY FOR SPECIFIC WATER AND SEWER PROJECTS; PROVIDING FOR ACCELERATION OF PROJECTS APPROVED THROUGH THE WATER AND SEWER DEPARTMENT’S MULTI-YEAR CAPITAL PLAN; INCREASING AMOUNT OF CHANGE ORDERS THAT MAYOR OR MAYOR’S DESIGNEE CAN PROCESS FROM $500,000 TO $1,000,000; WAIVING COMMITTEE REVIEW FOR VARIOUS ACTIONS OF THE MAYOR OR MAYOR'S DESIGNEE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Section 2-8.2.11 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows

Section 2-8.2.11 Water and Sewer Department Contracting Authority

(1) Intent

This ordinance grants the Mayor or Mayor’s designee authority to accelerate the processing and procurement of contracts and agreements related to design and construction of the improvements on Exhibits A and B attached to the ordinance from which this Section derives >>, and going forward, for all water and sewer projects that have been approved as part of the Miami-Dade Water and Sewer Department’s adopted Multi-Year Capital Plan (“Water and Sewer Acceleration Projects”)<<. [[Copies of Exhibits A and B are attached in their entirety and incorporated herein by reference.]] >>The Board of County Commissioners may from time to time, by subsequent resolution, add or delete projects from the list of Water and Sewer Acceleration Projects to which this Section applies. Such resolution to add or delete projects from the list of Water and Sewer Acceleration Projects shall be heard by the Board of County Commissioners without the need for prior approval of any committee. <<


(2) Authority of the County Mayor with Respect to Specified Projects

Notwithstanding any other provision of the Code of Miami-Dade County to the contrary, the Mayor or Mayor’s designee shall have the authority to take the following actions with respect to the projects specified in Section 2-8.2.11(1), and for which the appropriate contract measures as provided in Sections [[10-33.02(3)(b)(6)]] >>10-33.02(3)(B)(6)<< and [[10-33.02(3)(b)(7)(c)]] >>10-33.02(3)(B)(8)(c)<< have been applied:

* * *

(b) The Mayor or Mayor’s designee shall be entitled to exercise all provisions of all contracts awarded pursuant to this ordinance. The County Mayor or Mayor’s designee may, if specified in the bid specifications and contract document, negotiate and settle contractor claims, waive liquidated damages, extend contract time, and issue change orders for additional work under contracts and amendments for professional services agreements; as to any specific contract or agreement, change orders or amendments thereto shall not exceed [[$500,000]] >>$1,000,000<< in cumulative dollar amount and shall not exceed 15 percent of the contract price in cumulative percentage amount;

* * *

(c) All actions executed by the Mayor or Mayor’s designee pursuant to subsections 2-8.2.11[[(a) and]] (b) shall be [[submitted to the next meeting of the Governmental Operations and Environment Committee and shall be waived to]] >>placed on<< the agenda of the next scheduled Board of County Commissioners meeting for ratification >>without the need for prior approval of any committee<<. However, no ratification is required of an action executed by the Mayor or Mayor’s designee which involves waiving liquidated damages as a result of rescheduling contract activities or internal milestones provided neither the total contract time inclusive of time allowances nor the total contract amount inclusive of contingency allowances is exceeded. Any such action shall be included in a report submitted to the Board of County Commissioners on a quarterly basis.

(3) Authority to Award

The Mayor or Mayor’s designee shall not have the authority to award contracts pursuant to this section, and all awards of such contracts shall be made by the Board of County Commissioners. Any contract recommended for award under this [[Chapter]] >>section<< shall be heard by the Board of County Commissioners without need for prior approval of any committee.

* * *

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 relettered 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 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 does not contain a sunset provision.

HEADER
Date:

To: Honorable Vice Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners

From: Carlos A. Gimenez
County Mayor

Subject: Ordinance amending Section 2-8.2.11 of the Code of Miami-Dade County for the Miami-Dade Water and Sewer Department relating to contract authority for specific water and sewer projects and providing for acceleration of projects approved through the Miami-Dade Water and Sewer Department’s Multi-Year Capital Plan

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) amend Section 2-8.2.11 of the Code of Miami-Dade County relating to contract authority for projects approved as part of the Miami-Dade Water and Sewer Department’s (WASD) adopted Multi-Year Capital Plan. The amendment will authorize the Mayor or Mayor’s designee to bring certain contract-related actions for ratification to the Board without the need for committee review. Additionally, the amendment increases the amount that the Mayor can approve in the form of a change order from $500,000 to $1,000,000, which will be approved by the Board through ratification.

SCOPE OF AGENDA ITEM
This agenda item has a countywide impact as the water and sewer facilities to be repaired and rehabilitated are located throughout the County.

FISCAL IMPACT/FUNDING SOURCE
The amendment which provides for the acceleration of various WASD projects will not have a fiscal impact to the County; however, it will expedite projects required to repair and rehabilitate the County’s water and sewer system. These projects are estimated to cost approximately $3,990,171,000 in water projects and $6,921,915,000 in sewer projects, totaling $10,912,086,000. They will be funded through a combination of funding sources including the Water and Wastewater Connection Charge Funds, the Water and Wastewater Renewal and Replacement Funds, Future Revenue Bonds, and Revenue Bonds sold.

TRACK RECORD/MONITOR
WASD’s Deputy Director for Capital Improvements and Regulatory Compliance will track and monitor these projects.

MANAGER'S BACKGROUND
BACKGROUND
On July 24, 2007, the Board adopted Ordinance 07-108, which authorizes the Mayor or Mayor’s designee to advertise and recommend for award without committee review, design and construction contracts related to the County’s 20-Year Water Use Permit and High Level Disinfection Facility. These contracts are currently exempt from the customary committee review requirement which accelerates the Board’s approval process by approximately six weeks. In addition, the Mayor or Mayor’s designee is currently authorized to execute change orders or amendments related to these contracts that do not exceed $500,000 or 15 percent of the contract price in cumulative percentage amount.

The amendment to Ordinance 07-108 expands the list of WASD’s projects to be accelerated as shown in Exhibits C and D, as attached to this memorandum. The water and sewer projects identified on both exhibits are in WASD’s adopted Multi-Year Capital Plan including the most critical water and sewer projects already discussed in the Water & Sewer Infrastructure Report published in July 2012, and the wastewater projects currently being discussed with the Environmental Protection Agency from which the County expects a new consent decree that will focus on infrastructure upgrades. The amendment will also allow additions or deletions from the list of projects approved for acceleration to be made through subsequent resolutions sent directly to the Board without the need for prior committee approval. Furthermore, the amendment increases the Mayor or Mayor’s designee authority to execute change orders or amendments related to these contracts from $500,000 to $1,000,000, and not to exceed 15 percent of the contract price in cumulative percentage amount.

All of these projects are necessary to continue to provide environmentally safe water services and sewage disposal services to residents. Without these repairs and rehabilitation projects, the water and sewer system will continue to experience failures as it has in the past several years. If this amendment is approved by the Board, the Mayor or Mayor’s designee will have the authority to bypass the committee review requirement, thereby expediting the approval process and the project commencement date for the design and construction projects listed in Exhibits C and D. Moreover, the Mayor or Mayor’s designee’s authority to execute change orders or amendments related to these projects will increase from $500,000 to $1,000,000.

All actions executed by the Mayor or Mayor’s designee pursuant to Sections 2-8.2.11 (b) of the Miami-Dade County Code shall be submitted to the next available Board meeting for ratification.






__________________________
Alina T. Hudak
County Manager/Deputy Mayor



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