Miami-Dade Legislative Item
File Number: 973932
   

File Number: 973932 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1403-97 Control: County Commission
File Name: COUNTY CONSTRUCTION CONTRACTS SUBMITTED LATE Introduced: 11/10/1997
Requester: NONE Cost: Final Action: 11/18/1997
Agenda Date: 11/18/1997 Agenda Item Number: 6D17
Notes: Title: RESOLUTION REGARDING COUNTY CONSTRUCTION CONTRACTS, DIRECTING COUNTY MANAGER TO ADVISE THIS BOARD WHEN A CLAIM BY A CONTRACTOR THAT IS TO BE CONSIDERED BY THIS BOARD WAS SUBMITTED LATE
Indexes: CONSTRUCTION
  CONTRACTS
Sponsors: Natacha Seijas Millan, 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 11/18/1997 6D17 Adopted P

Aviation Planning and Operations Committee 11/14/1997 Forwarded to BCC with a favorable recommendation

County Attorney 11/10/1997 Referred Aviation Planning and Operations Committee 11/18/1997 11/18/1997

County Attorney 11/10/1997 Assigned Jeffrey Poppel 11/10/1997 11/10/1997

Legislative Text


TITLE
RESOLUTION REGARDING COUNTY CONSTRUCTION CONTRACTS, DIRECTING COUNTY MANAGER TO ADVISE THIS BOARD WHEN A CLAIM BY A CONTRACTOR THAT IS TO BE CONSIDERED BY THIS BOARD WAS SUBMITTED LATE

BODY
WHEREAS, Metropolitan Dade County regularly contracts with construction contractors for the construction of public improvements; and

WHEREAS, from time to time staff recommends changes to these projects for a variety of reasons; and

WHEREAS, this County Commission needs to know the full potential cost of a proposed contract change before acting to authorize the change; and

WHEREAS, the construction contract documents contain procedures and time frames for contractors to submit claims for additional compensation; and

WHEREAS, the failure of contractors to submit claims in accordance with the procedures or time frames provided in the contract documents prevents this Board from knowing the full cost of changes it is considering and deprives this Board of the opportunity to make an informed decision about whether to authorize the change; and

WHEREAS,it is in the best interest of the County for this Board to be fully informed of these costs before authorizing any changes;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that

(1) it is the policy of this Board regarding claims by construction contractors on County projects for additional compensation for changes on the work arising out of events that occurred prior to the date the contractor executed the change order, that those claims which contractors make after this Board has approved the change in the work shall not be considered unless this Board is specifically informed that the claim was not submitted timely; and

(2) the County Manager is directed to place a notice on all claims or requests for additional compensation which were submitted untimely as follows:
"THE CONTRACTOR DID NOT SUBMIT THIS CLAIM DURING THE TIME PROVIDED IN THE CONTRACT FOR MAKING CLAIMS. THE BOARD OF COUNTY COMMISSIONERS HAS NO LEGAL OBLIGATION TO CONSIDER THIS CLAIM."

(3) The County Manager is further directed to send a letter to all contractors working on existing contracts, giving them at least 30 days advance notice of the effective date of this procedure. The Manager shall implement this procedure within 60 (sixty) days of the effective date of this Resolution.
..e
The Chairperson thereupon declared the resolution duly passed and adopted this 18th day of November, 1997. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.




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