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HomeMy WebLinkAboutMemo FRCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Hono ., - yor and DATE: November 6, 2008 FILE: City C. ► is . loners SUBJECT: Economic Stimulus Program FROM: Pedro '"-[ : ez, P.E. REFERENCES: City Manager ENCLOSURES: SUMMARY Based on the impacts of the current economic crisis and as requested by Mayor Diaz, it is necessary to take immediate action to help stimulate the local economy by soliciting and awarding contracts in an expedited manner. This will help reduce the unemployment rate in the local construction industry labor force. This will also place more work in the hands of design and construction firms which will further increase opportunities for businesses associated with the construction industry. I am requesting approval of a resolution establishing an Economic Stimulus Program as well as an ordinance that will create a process to expedite the award of certain capital improvements projects. I will be presenting an ordinance on the November 13, 2008 City Commission agenda for first reading, and will present an accompanying resolution formally establishing the Economic Stimulus Program with the 2nd reading of the Ordinance. BACKGROUND The country is in the midst of an economic crisis that commenced in the downturn in the real estate market. The Miami Herald on October 21, 2008 reported that Florida was ranked 2nd in the nation in foreclosures, and Condo Vultures LLC reported that bank owned properties have increased in South Florida by 134% in the 3`d quarter of 2008 and 190% year-to-date Miami - Dade County's foreclosure rate increased by approximately 46% between January and September of this year. Housing values within the City of Miami continue to depreciate in value of 28.1% since the start of 2008. This has triggered a snowball effect through the financial markets resulting in investment banking and bank failures, and an increasing foreclosure rate on residences to the point that Congress passed a $700 billion economic rescue package in October. FINDING As a result of the cascading effects of the economic crisis the residents and businesses in the City of Miami are being seriously impacted to the point that businesses are failing at an alarming rate. These failures are the result of numerous factors that include: lack of new business, an inability to obtain lines of credits from banks or suppliers, and an inability to obtain bonding or loss of bonding capacity. As these businesses fail they are forced to lay off their employees, further exacerbating an already critical situation. One of the hardest hit industries has been construction. Private sector construction has slowed to a point where many of our City's businesses have no work or no prospect of new work as they finish projects under construction. Employment in the construction industry in Miami -Dade County was down approximately 15 percent in April 2008 and the situation has only gotten worse as a result of the increases in the economic crisis that has occurred since April. In May 2008 Miami -Dade County held a meeting attended by more than 500 construction industry representative to discuss ways the County could accelerate the award of contracts for design and construction services. Such a large attendance highlights the urgency of the current economic situation. As I mentioned above the time has come where the City needs to take immediate action to lessen the impact to our residents and businesses in this time of crisis. My office, in conjunction with the Capital Improvements Program staff, and the CRA have carefully reviewed the options that are available to us and identified projects within the City's Capital Improvements Program that fit the Economic Stimulus Program. Such projects will be known as the "Economic Stimulus Projects" and are included in the attached list of projects. The proposed Economic Stimulus Program will expedite the award of contract for the design, construction, and construction related services, thereby reducing the time in placing work in the hands of the City's businesses and increasing employment opportunities. We estimate that we will reduce the timeframe for soliciting and awarding contracts by two to four months. There is also the potential for significant cost saving to the City associated with the Economic Stimulus Program. With the slowdown in the private sector construction projects increasingly more businesses are looking to public entities for work opportunities. We are experiencing a higher number of businesses participating in the City's capital construction solicitation process through their outreach or by submitting bids or proposals. This increased competition has led in some instances to lower costs to perform the work to complete projects. RECOMMENDATION The Economic Stimulus Program we are proposing will establish administrative actions and legislative policies to expedite the award of the capital improvement projects listed in Attachment A, which may be modified from time to time by the City Commission. These actions and policies include; • Authorizes the City Manager to appoint evaluation committee members without being mandated to meet the requirements of Section 18-542 (12) of the City Code which stipulates that the majority of such committees shall be comprised of individuals from the public or from the private sector. • Award contracts, including professional services agreements and construction contracts, subject to the following limitations: o Award value does not exceed ten (10) percent of the estimated cost of construction. (Where the award value exceeds the 10% threshold the award recommendation will be brought to the City Commission for authorization to award.) o Bids are received from a minimum of three responsive and responsible bidders. o The award value has been reviewed and approved by the Office of Strategic Planning, Budgeting, and Performance. o The contractor or consultant is in good standing with the City and has a good past performance record. • Utilize contract contingency allowances of ten (10) percent to minimize disruption in the flow of work. Change Orders will be submitted for City Commission approval to increase the contract contingency previously approved by the City Commission. Such change orders will include a report on the draws against the initial contingency. Exclusive of the recommendation for the award of contracts contained stated above; the recommendations relative to selection of individuals to serve on evaluation committees;, replenishment of contract contingencies represent best business practices and is my intent to bring legislation before the City Commission within the next six (6) months to make these changes permanent. Should the City Commission not make the changes permanent when the ordinance(s) are brought before the City Commission, these changes will no longer be prospectively utilized under this Ordinance. Our existing Job Order Contraction Program (JOC) contracts will not be utilized as part of this program. I am proposing that the City Commission approve the Economic Stimulus Program for the projects listed in Attachment A, which may be amended from time to time by the City Commission until such time as the projects are completed or the City Commission rescinds the Ordinance. C: Bill Anido, Assistant City Manager Ola O. Aluko, Director, Capital Improvements Program Julie O. Bru, City Attorney Rafael O. Diaz, Assistant City Attorney Gary Fabrikant, Assistant Director, Capital Improvements Program