| 1 | Representative Aubuchon offered the following: |
| 2 |
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| 3 | Amendment to Amendment (875775) (with title amendment) |
| 4 | Between lines 65 and 66, insert: |
| 5 | Section 3. Paragraph (c) of subsection (9) of section |
| 6 | 287.055, Florida Statutes, is amended to read: |
| 7 | 287.055 Acquisition of professional architectural, |
| 8 | engineering, landscape architectural, or surveying and mapping |
| 9 | services; definitions; procedures; contingent fees prohibited; |
| 10 | penalties.-- |
| 11 | (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.-- |
| 12 | (c) Except as otherwise provided in s. 337.11(7), the |
| 13 | Department of Management Services shall adopt rules for the |
| 14 | award of design-build contracts to be followed by state |
| 15 | agencies. Each other agency must adopt rules or ordinances for |
| 16 | the award of design-build contracts. Municipalities, political |
| 17 | subdivisions, school districts, and school boards shall award |
| 18 | design-build contracts by the use of a competitive proposal |
| 19 | selection process as described in this subsection, or by the use |
| 20 | of a qualifications-based selection process pursuant to |
| 21 | subsections (3), (4), and (5) for entering into a contract |
| 22 | whereby the selected firm will, subsequent to competitive |
| 23 | negotiations, subsequently establish a guaranteed maximum price |
| 24 | and guaranteed completion date. If the procuring agency elects |
| 25 | the option of qualifications-based selection, during the |
| 26 | selection of the design-build firm the procuring agency shall |
| 27 | employ or retain a licensed design professional appropriate to |
| 28 | the project to serve as the agency's representative. Procedures |
| 29 | for the use of a competitive proposal selection process must |
| 30 | include as a minimum the following: |
| 31 | 1. The preparation of a design criteria package for the |
| 32 | design and construction of the public construction project. |
| 33 | 2. The qualification and selection of no fewer than three |
| 34 | design-build firms as the most qualified, based on the |
| 35 | qualifications, availability, and past work of the firms, |
| 36 | including the partners or members thereof. |
| 37 | 3. The criteria, procedures, and standards for the |
| 38 | evaluation of design-build contract proposals or bids, based on |
| 39 | price, technical, and design aspects of the public construction |
| 40 | project, weighted for the project. |
| 41 | 4. The solicitation of competitive proposals, pursuant to |
| 42 | a design criteria package, from those qualified design-build |
| 43 | firms and the evaluation of the responses or bids submitted by |
| 44 | those firms based on the evaluation criteria and procedures |
| 45 | established prior to the solicitation of competitive proposals. |
| 46 | 5. For consultation with the employed or retained design |
| 47 | criteria professional concerning the evaluation of the responses |
| 48 | or bids submitted by the design-build firms, the supervision or |
| 49 | approval by the agency of the detailed working drawings of the |
| 50 | project; and for evaluation of the compliance of the project |
| 51 | construction with the design criteria package by the design |
| 52 | criteria professional. |
| 53 | 6. In the case of public emergencies, for the agency head |
| 54 | to declare an emergency and authorize negotiations with the best |
| 55 | qualified design-build firm available at that time. |
| 56 |
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| 57 | ======== T I T L E A M E N D M E N T ======== |
| 58 | Remove line 73 and insert: |
| 59 | providing construction; amending s. 287.055, F.S.; requiring |
| 60 | firms awarded certain design-build contracts to, subsequent to |
| 61 | competitive negotiations, establish a guaranteed maximum price |
| 62 | and guaranteed completion date; |