1 | A bill to be entitled |
2 | An act relating to public project construction; amending |
3 | s. 255.05, F.S.; providing additional requirements for |
4 | payment and performance bonds; prohibiting conditioning |
5 | certain bonds on performance of or payment for certain |
6 | services; creating s. 255.103, F.S.; providing a |
7 | definition; authorizing agencies to select construction- |
8 | management or program-management entities to be |
9 | responsible for certain construction project activities; |
10 | providing requirements and authority for such entities; |
11 | providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Paragraph (c) is added to subsection (1) of |
16 | section 255.05, Florida Statutes, to read: |
17 | 255.05 Bond of contractor constructing public buildings; |
18 | form; action by materialmen.-- |
19 | (1) |
20 | (c)1. The amount of the bond shall equal the contract |
21 | price, except, for a contract in excess of $250 million, if the |
22 | state, county, municipality, political subdivision, or other |
23 | public entity finds that a bond in the amount of the contract |
24 | price is not reasonably available, the public owner shall set |
25 | the amount of the bond at the largest amount reasonably |
26 | available, but not at less than $250 million. |
27 | 2. For a construction-management or design-build contract, |
28 | if the public owner does not include in the bond amount the cost |
29 | of design or other nonconstruction services, the bond may not be |
30 | conditioned on performance of such services or payment to |
31 | persons furnishing such services. Notwithstanding paragraph (a), |
32 | such a bond may exclude persons furnishing such services from |
33 | the classes of persons protected by the bond. |
34 | Section 2. Section 255.103, Florida Statutes, is created |
35 | to read: |
36 | 255.103 Construction-management or program-management |
37 | entities.-- |
38 | (1) The term "agency" as used in this section means a |
39 | county, municipality, special district as defined in chapter |
40 | 189, or other political subdivision of the state. |
41 | (2) An agency may select a construction-management entity, |
42 | pursuant to the process provided by s. 287.055, that would be |
43 | responsible for all scheduling and coordination in both design |
44 | and construction phases and would be generally responsible for |
45 | the successful, timely, and economical completion of the |
46 | construction project. The construction-management entity shall |
47 | consist of or contract with licensed or registered professionals |
48 | for the specific fields or areas of construction to be |
49 | performed, as required by law. The construction-management |
50 | entity may retain necessary design professionals selected under |
51 | the process provided in s. 287.055. At the option of the agency, |
52 | the construction-management entity, after being selected, may be |
53 | required to offer a guaranteed maximum price or a guaranteed |
54 | completion date, in which case, the construction-management |
55 | entity shall secure an appropriate surety bond pursuant to s. |
56 | 255.05 and shall hold construction subcontracts. If a project, |
57 | as defined in s. 287.055(2)(f), solicited by an agency under the |
58 | process provided in s. 287.055 includes a grouping of |
59 | substantially similar construction, rehabilitation, or |
60 | renovation activities as permitted under s. 287.055(2)(f), the |
61 | agency may require the construction-management entity to provide |
62 | for a separate guaranteed maximum price and a separate |
63 | guaranteed completion date for each grouping of substantially |
64 | similar construction, rehabilitation, or renovation activities |
65 | included under the project. |
66 | (3) An agency may select a program-management entity, |
67 | pursuant to the process provided by s. 287.055, that would act |
68 | as the agent of the public agency and would be responsible for |
69 | schedule control, cost control, and coordination in providing or |
70 | procuring planning, design, and construction services. The |
71 | program-management entity shall consist of or contract with |
72 | licensed or registered professionals for the specific areas of |
73 | design or construction to be performed, as required by law. The |
74 | program-management entity may retain necessary design |
75 | professionals selected under the process provided in s. 287.055. |
76 | At the option of the agency, the program-management entity, |
77 | after being selected, may be required to offer a guaranteed |
78 | maximum price or a guaranteed completion date, in which case the |
79 | program-management entity shall secure an appropriate surety |
80 | bond pursuant to s. 255.05 and shall hold design and |
81 | construction subcontracts. If a project, as defined in s. |
82 | 287.055(2)(f), solicited by an agency under the process provided |
83 | in s. 287.055 includes a grouping of substantially similar |
84 | construction, rehabilitation, or renovation activities as |
85 | permitted under s. 287.055(2)(f), the agency may require the |
86 | program-management entity to provide for a separate guaranteed |
87 | maximum price and a separate guaranteed completion date for each |
88 | grouping of substantially similar construction, rehabilitation, |
89 | or renovation activities included under the project. |
90 | Section 3. This act shall take effect July 1, 2007. |