Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1489, 1st Eng.
Barcode 535004
CHAMBER ACTION
Senate House
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05/01/2007 03:41 PM .
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11 Senator Saunders moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Paragraph (c) is added to subsection (1) of
18 section 255.05, Florida Statutes, to read:
19 255.05 Bond of contractor constructing public
20 buildings; form; action by materialmen.--
21 (1)
22 (c)1. The amount of the bond shall equal the contract
23 price, except that for a contract in excess of $250 million,
24 if the state, county, municipality, political subdivision, or
25 other public entity finds that a bond in the amount of the
26 contract price is not reasonably available, the public owner
27 shall set the amount of the bond at the largest amount
28 reasonably available, but not less than $250 million.
29 2. For a construction-management or design-build
30 contracts, if the public owner does not include in the bond
31 amount the cost of design or other nonconstruction services,
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1489, 1st Eng.
Barcode 535004
1 the bond may not be conditioned on performance of such
2 services or payment to persons furnishing such services.
3 Notwithstanding paragraph (a), such a bond may exclude persons
4 furnishing such services from the classes of persons protected
5 by the bond.
6 Section 2. Section 255.103, Florida Statutes, is
7 created to read:
8 255.103 Construction management or program management
9 entities.--
10 (1) "As used in this section, the term "local
11 government" means a county, municipality, special district as
12 defined in chapter 189, or other political subdivision of the
13 state.
14 (2) A local government may select a construction
15 management entity, pursuant to the process provided by s.
16 287.055, which is to be responsible for construction project
17 scheduling and coordination in both preconstruction and
18 construction phases and generally responsible for the
19 successful, timely, and economical completion of the
20 construction project. The construction management entity must
21 consist of or contract with licensed or registered
22 professionals for the specific fields or areas of construction
23 to be performed, as required by law. The construction
24 management entity may retain necessary design professionals
25 selected under the process provided in s. 287.055. At the
26 option of the local government, the construction management
27 entity, after having been selected and after competitive
28 negotiations, may be required to offer a guaranteed maximum
29 price and a guaranteed completion date or a lump-sum price and
30 a guaranteed completion date, in which case, the construction
31 management entity must secure an appropriate surety bond
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1489, 1st Eng.
Barcode 535004
1 pursuant to s. 255.05 and must hold construction subcontracts.
2 If a project, as defined in s. 287.055(2)(f), solicited by a
3 local government under the process provided in s. 287.055
4 includes a grouping of substantially similar construction,
5 rehabilitation, or renovation activities as permitted under s.
6 287.055(2)(f), the local government, after competitive
7 negotiations, may require the construction management entity
8 to provide for a separate guaranteed maximum price or a
9 separate lump-sum price and a separate guaranteed completion
10 date for each grouping of substantially similar construction,
11 rehabilitation, or renovation activities included within the
12 project.
13 (3) A local government may select a program management
14 entity, pursuant to the process provided by s. 287.055, which
15 is to be responsible for schedule control, cost control, and
16 coordination in providing or procuring planning, design, and
17 construction services. The program management entity must
18 consist of or contract with licensed or registered
19 professionals for the specific areas of design or construction
20 to be performed as required by law. The program management
21 entity may retain necessary design professionals selected
22 under the process provided in s. 287.055. At the option of the
23 local government, the program management entity, after having
24 been selected and after competitive negotiations, may be
25 required to offer a guaranteed maximum price and a guaranteed
26 completion date or a lump-sum price and guaranteed completion
27 date, in which case the program management entity must secure
28 an appropriate surety bond pursuant to s. 255.05 and must hold
29 design and construction subcontracts. If a project, as defined
30 in s. 287.055(2)(f), solicited by a local government under the
31 process provided in s. 287.055 includes a grouping of
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1489, 1st Eng.
Barcode 535004
1 substantially similar construction, rehabilitation, or
2 renovation activities as permitted under s. 287.055(2)(f), the
3 local government, after competitive negotiations, may require
4 the program management entity to provide for a separate
5 guaranteed maximum price or a lump-sum price and a separate
6 guaranteed completion date for each grouping of substantially
7 similar construction, rehabilitation, or renovation activities
8 included within the project.
9 (4) This section does not prohibit a local government
10 from procuring construction management services, including the
11 services of a program management entity, pursuant to the
12 requirements of s. 255.20.
13 Section 3. Paragraph (c) of subsection (9) of section
14 287.055, Florida Statutes, is amended to read:
15 287.055 Acquisition of professional architectural,
16 engineering, landscape architectural, or surveying and mapping
17 services; definitions; procedures; contingent fees prohibited;
18 penalties.--
19 (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
20 (c) Except as otherwise provided in s. 337.11(7), the
21 Department of Management Services shall adopt rules for the
22 award of design-build contracts to be followed by state
23 agencies. Each other agency must adopt rules or ordinances
24 for the award of design-build contracts. Municipalities,
25 political subdivisions, school districts, and school boards
26 shall award design-build contracts by the use of a competitive
27 proposal selection process as described in this subsection, or
28 by the use of a qualifications-based selection process
29 pursuant to subsections (3), (4), and (5) for entering into a
30 contract whereby the selected firm will, subsequent to
31 competitive negotiations, subsequently establish a guaranteed
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1489, 1st Eng.
Barcode 535004
1 maximum price and guaranteed completion date. If the procuring
2 agency elects the option of qualifications-based selection,
3 during the selection of the design-build firm the procuring
4 agency shall employ or retain a licensed design professional
5 appropriate to the project to serve as the agency's
6 representative. Procedures for the use of a competitive
7 proposal selection process must include as a minimum the
8 following:
9 1. The preparation of a design criteria package for
10 the design and construction of the public construction
11 project.
12 2. The qualification and selection of no fewer than
13 three design-build firms as the most qualified, based on the
14 qualifications, availability, and past work of the firms,
15 including the partners or members thereof.
16 3. The criteria, procedures, and standards for the
17 evaluation of design-build contract proposals or bids, based
18 on price, technical, and design aspects of the public
19 construction project, weighted for the project.
20 4. The solicitation of competitive proposals, pursuant
21 to a design criteria package, from those qualified
22 design-build firms and the evaluation of the responses or bids
23 submitted by those firms based on the evaluation criteria and
24 procedures established prior to the solicitation of
25 competitive proposals.
26 5. For consultation with the employed or retained
27 design criteria professional concerning the evaluation of the
28 responses or bids submitted by the design-build firms, the
29 supervision or approval by the agency of the detailed working
30 drawings of the project; and for evaluation of the compliance
31 of the project construction with the design criteria package
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1489, 1st Eng.
Barcode 535004
1 by the design criteria professional.
2 6. In the case of public emergencies, for the agency
3 head to declare an emergency and authorize negotiations with
4 the best qualified design-build firm available at that time.
5 Section 4. This act shall take effect July 1, 2007.
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8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 Delete everything before the enacting clause
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12 and insert:
13 A bill to be entitled
14 An act relating to public project construction
15 bonds; amending s. 255.05, F.S.; providing that
16 the amount of a bond shall equal the contract
17 price except under certain conditions;
18 providing that a bond may not be conditioned on
19 the performance of design or nonconstruction
20 services if such services are not included in
21 the bond amount; creating s. 255.103, F.S.;
22 providing a definition; authorizing local
23 governments to select construction-management
24 or program-management entities to be
25 responsible for certain construction project
26 activities; providing requirements and
27 authority for such entities; amending s.
28 287.055, F.S.; revising provisions relating to
29 the award of design-build contracts for
30 surveying or mapping services by certain
31 governmental entities; providing an effective
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1489, 1st Eng.
Barcode 535004
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