§ 2-8.2.7.01. Miscellaneous Construction Contracts Program.

(1)

Policy: This Section, to be known as the Miscellaneous Construction Contracts Program ("MCC"), is intended to enhance the contracting opportunities of Small Business Enterprises for Construction Services ("SBE") as defined in Section 10-33.02 and to facilitate and expedite the award of construction contracts to small businesses.

(2)

Scope: This Section, and the processes set forth herein, shall be applicable to the prequalifying, registration, award and construction of miscellaneous construction contracts designed to provide opportunities for firms certified as Small Business Enterprise-Construction ("SBE-Con").

(3)

MCC participants are allowed to participate in the contracting plans identified in this section, in accordance with the contracting procedures and specifications to be developed, maintained and amended by the Small Business Development Division of the Internal Services Department or such department as the Mayor may designate specifically for these purposes (SBD), in Implementing Order ("IO") 3-53:

(a)

7040 Plan ("SBE Rotational Set Aside Plan"):

1.

The Set Aside Plan shall be a 100 percent SBE-Con set aside. To qualify, participants must be certified by SBD in their contracting trade.

2.

SBD shall establish and administer a rotational pool to distribute work among program participants in an equitable manner through competitive bids. The pool shall be designed to effect the maximum distribution of work among qualified firms, established in accordance with the contractor's license and abilities to do the work, all in accordance with the provisions of the IO.

3.

SBD shall determine the Community Workforce Program ("CWP") goal applicable to each contract in accordance with applicable CWP requirements.

(b)

7360 Plan ("Open Competitive Plan"):

1.

Bidders under this plan shall be prequalified prior to award in forms to be developed for this purpose by IO.

2.

This plan shall be used whenever the funding source prohibits the use of SBE-Con set asides or when SBD determines that there is insufficient availability for a SBE-Con set aside within the 7040 Plan to accomplish the proposed work.

3.

This plan shall provide contract award opportunities to SBE-Con through subcontracting.

4.

CWP goals shall be established for each award under the 7360 Plan by SBD.

(c)

Department Specific Plan:

1.

When authorized by the Board of County Commissioners by resolution, ISD shall establish and administer rotational pools limited to CSBE program participants who register and qualify to serve the contracting needs of an identified County department (each referred to in this section as a "Department Specific Plan"). The Department Specific Plan shall be a 100 percent CSBE set aside. To qualify, participants must be certified by SBD in their contracting trade.

2.

The Department Specific Plan shall be designed to effect the maximum distribution of work among qualified firms for the identified department in accordance with the contractor's license and ability to do the work. The rotation shall be limited to the contractors registered and qualified to serve the department. Participation in the Department Specific Plan shall not impair a contractor's ability to participate in the 7040 Plan.

3.

ISD shall provide a Department Specific Plan to meet the needs of the capital development program of the Water and Sewer Department. The provisions of this section shall not impair any pool or program in effect as of the effective date of the ordinance creating the Department Specific Plan.

4.

It is the policy of Miami-Dade County to promote the opportunities of CSBEs through the use of miscellaneous construction contracts. Consistent with that policy, the Mayor is hereby authorized and directed to create Department Specific Plans as necessary to meet the capital development needs of identified County departments. The Mayor shall report to the Board the creation of any such plan.

(4)

The MCC Program shall be subject to an Overall Program Expenditure Limit ("OPEL") which is to be set by the Board of County Commissioners by resolution. SBD shall be authorized to allocate the OPEL among the plans as necessary. Individual awards within the plans shall be subject to the dollar limitations set forth in Section 2-8.1(b) of this Code. The first OPEL shall be the unexpended balance of the amount previously authorized by the Board by Resolution No. R-597-08.

(5)

Notwithstanding any other provision of the Code of Miami-Dade County to the contrary, the Mayor or Mayor's designee shall have the following authority with respect to the Miscellaneous Construction Contracts Program:

(a)

To issue bid and proposal documents including addenda thereto;

(b)

To receive, open and review bids and proposals;

(c)

To make revisions to the MCC Contract and Program documents to address ambiguities and to make other clarifications as needed;

(d)

To award or reject bids for construction contracts and issue the Notice to Proceed on each where:

1.

Operational considerations, if applicable, have been reviewed and approved by the Office of Management and Budget or its successor office; and

2.

The base value of a recommended award does not exceed the dollar limitations set forth in Section 2-8.1(b); and

3.

The contractor receiving the award is a registered vendor who is licensed, properly insured and in good standing with the County including, but not limited to: no outstanding debts; demonstrated acceptable past performance; and has submitted required insurance, bonds, affidavits and documentation provided for by the solicitation; and

4.

Participants have submitted a program participation application form; and

(e)

To negotiate and settle contractual disputes, and issue change orders for additional work. Any County contract with small business measures is required to meet at least eighty-five percent (85%) of the small business goals applicable to the tasks and value of the portion(s) of the contract work performed to date before a change order or contract amendment may be considered for approval, unless the following explanatory information as delineated has been provided. Except for non-compensatory time extensions, items with small business measures which failed to meet this minimum threshold or equivalent percentage must clearly explain (i) the circumstances as to why the goal(s) was not achieved, (ii) steps taken by the prime contractor(s) and the contracting department to meet the goal(s), and (iii) how the small business goal(s) will be achieved in the change order or contract amendment, or the proposed change order or contract amendment cannot be considered for approval; and

(f)

To terminate contracts in accordance with the contract documents.

(6)

All actions taken by the Mayor or Mayor's designee under this section shall not require review by the Board of County Commissioners. The Mayor or Mayor's designee shall submit to the Board, on a quarterly basis, reports on the contracting activities during the previous quarter. These reports shall include the number of awards, total dollars awarded and SBE-Con activity.

(7)

Special Exemptions: This process shall be modified to ensure full conformance with any special provisions or review processes established by the Board. As such, any proposed County contract for a project that is funded in whole or in part by proceeds of the Charter County Transit System Sales Surtax shall be governed in accordance with the authority granted in Section 29-124 of the Code of Miami-Dade County. The County Mayor or Mayor's designee shall have the authority to advertise and issue bid or proposal documents for those contracts funded in whole or in part by proceeds of the Charter County Transit System Sales Surtax.

(Ord. No. 09-101, § 1, 11-3-09; Ord. No. 16-19, § 2, 2-2-16; Ord. No. 17-27, § 1, 5-2-17; Ord. No. 17-44, § 1, 7-6-17; Ord. No. 17-96, § 1, 12-5-17)