| 1 | A bill to be entitled |
| 2 | An act relating to public project construction bonds; |
| 3 | amending s. 255.05, F.S.; providing that the amount of a |
| 4 | bond shall equal the contract price except under certain |
| 5 | conditions; providing that a bond may not be conditioned |
| 6 | on the performance of design or nonconstruction services |
| 7 | if such services are not included in the bond amount; |
| 8 | creating s. 255.103, F.S.; providing a definition; |
| 9 | authorizing local governments to select construction- |
| 10 | management or program-management entities to be |
| 11 | responsible for certain construction project activities; |
| 12 | providing requirements and authority for such entities; |
| 13 | amending s. 287.055, F.S.; revising provisions relating to |
| 14 | the award of design-build contracts for surveying or |
| 15 | mapping services by certain governmental entities; |
| 16 | providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Paragraph (c) is added to subsection (1) of |
| 21 | section 255.05, Florida Statutes, to read: |
| 22 | 255.05 Bond of contractor constructing public buildings; |
| 23 | form; action by materialmen.-- |
| 24 | (1) |
| 25 | (c)1. The amount of the bond shall equal the contract |
| 26 | price, except that for a contract in excess of $250 million, if |
| 27 | the state, county, municipality, political subdivision, or other |
| 28 | public entity finds that a bond in the amount of the contract |
| 29 | price is not reasonably available, the public owner shall set |
| 30 | the amount of the bond at the largest amount reasonably |
| 31 | available, but not less than $250 million. |
| 32 | 2. For a construction-management or design-build |
| 33 | contracts, if the public owner does not include in the bond |
| 34 | amount the cost of design or other nonconstruction services, the |
| 35 | bond may not be conditioned on performance of such services or |
| 36 | payment to persons furnishing such services. Notwithstanding |
| 37 | paragraph (a), such a bond may exclude persons furnishing such |
| 38 | services from the classes of persons protected by the bond. |
| 39 | Section 2. Section 255.103, Florida Statutes, is created |
| 40 | to read: |
| 41 | 255.103 Construction management or program management |
| 42 | entities.-- |
| 43 | (1) "As used in this section, the term "local government" |
| 44 | means a county, municipality, special district as defined in |
| 45 | chapter 189, or other political subdivision of the state. |
| 46 | (2) A local government may select a construction |
| 47 | management entity, pursuant to the process provided by s. |
| 48 | 287.055, which is to be responsible for construction project |
| 49 | scheduling and coordination in both preconstruction and |
| 50 | construction phases and generally responsible for the |
| 51 | successful, timely, and economical completion of the |
| 52 | construction project. The construction management entity must |
| 53 | consist of or contract with licensed or registered professionals |
| 54 | for the specific fields or areas of construction to be |
| 55 | performed, as required by law. The construction management |
| 56 | entity may retain necessary design professionals selected under |
| 57 | the process provided in s. 287.055. At the option of the local |
| 58 | government, the construction management entity, after having |
| 59 | been selected and after competitive negotiations, may be |
| 60 | required to offer a guaranteed maximum price and a guaranteed |
| 61 | completion date or a lump-sum price and a guaranteed completion |
| 62 | date, in which case, the construction management entity must |
| 63 | secure an appropriate surety bond pursuant to s. 255.05 and must |
| 64 | hold construction subcontracts. If a project, as defined in s. |
| 65 | 287.055(2)(f), solicited by a local government under the process |
| 66 | provided in s. 287.055 includes a grouping of substantially |
| 67 | similar construction, rehabilitation, or renovation activities |
| 68 | as permitted under s. 287.055(2)(f), the local government, after |
| 69 | competitive negotiations, may require the construction |
| 70 | management entity to provide for a separate guaranteed maximum |
| 71 | price or a separate lump-sum price and a separate guaranteed |
| 72 | completion date for each grouping of substantially similar |
| 73 | construction, rehabilitation, or renovation activities included |
| 74 | within the project. |
| 75 | (3) A local government may select a program management |
| 76 | entity, pursuant to the process provided by s. 287.055, which is |
| 77 | to be responsible for schedule control, cost control, and |
| 78 | coordination in providing or procuring planning, design, and |
| 79 | construction services. The program management entity must |
| 80 | consist of or contract with licensed or registered professionals |
| 81 | for the specific areas of design or construction to be performed |
| 82 | as required by law. The program management entity may retain |
| 83 | necessary design professionals selected under the process |
| 84 | provided in s. 287.055. At the option of the local government, |
| 85 | the program management entity, after having been selected and |
| 86 | after competitive negotiations, may be required to offer a |
| 87 | guaranteed maximum price and a guaranteed completion date or a |
| 88 | lump-sum price and guaranteed completion date, in which case the |
| 89 | program management entity must secure an appropriate surety bond |
| 90 | pursuant to s. 255.05 and must hold design and construction |
| 91 | subcontracts. If a project, as defined in s. 287.055(2)(f), |
| 92 | solicited by a local government under the process provided in s. |
| 93 | 287.055 includes a grouping of substantially similar |
| 94 | construction, rehabilitation, or renovation activities as |
| 95 | permitted under s. 287.055(2)(f), the local government, after |
| 96 | competitive negotiations, may require the program management |
| 97 | entity to provide for a separate guaranteed maximum price or a |
| 98 | lump-sum price and a separate guaranteed completion date for |
| 99 | each grouping of substantially similar construction, |
| 100 | rehabilitation, or renovation activities included within the |
| 101 | project. |
| 102 | (4) This section does not prohibit a local government from |
| 103 | procuring construction management services, including the |
| 104 | services of a program management entity, pursuant to the |
| 105 | requirements of s. 255.20. |
| 106 | Section 3. Paragraph (c) of subsection (9) of section |
| 107 | 287.055, Florida Statutes, is amended to read: |
| 108 | 287.055 Acquisition of professional architectural, |
| 109 | engineering, landscape architectural, or surveying and mapping |
| 110 | services; definitions; procedures; contingent fees prohibited; |
| 111 | penalties.-- |
| 112 | (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.-- |
| 113 | (c) Except as otherwise provided in s. 337.11(7), the |
| 114 | Department of Management Services shall adopt rules for the |
| 115 | award of design-build contracts to be followed by state |
| 116 | agencies. Each other agency must adopt rules or ordinances for |
| 117 | the award of design-build contracts. Municipalities, political |
| 118 | subdivisions, school districts, and school boards shall award |
| 119 | design-build contracts by the use of a competitive proposal |
| 120 | selection process as described in this subsection, or by the use |
| 121 | of a qualifications-based selection process pursuant to |
| 122 | subsections (3), (4), and (5) for entering into a contract |
| 123 | whereby the selected firm will, subsequent to competitive |
| 124 | negotiations, subsequently establish a guaranteed maximum price |
| 125 | and guaranteed completion date. If the procuring agency elects |
| 126 | the option of qualifications-based selection, during the |
| 127 | selection of the design-build firm the procuring agency shall |
| 128 | employ or retain a licensed design professional appropriate to |
| 129 | the project to serve as the agency's representative. Procedures |
| 130 | for the use of a competitive proposal selection process must |
| 131 | include as a minimum the following: |
| 132 | 1. The preparation of a design criteria package for the |
| 133 | design and construction of the public construction project. |
| 134 | 2. The qualification and selection of no fewer than three |
| 135 | design-build firms as the most qualified, based on the |
| 136 | qualifications, availability, and past work of the firms, |
| 137 | including the partners or members thereof. |
| 138 | 3. The criteria, procedures, and standards for the |
| 139 | evaluation of design-build contract proposals or bids, based on |
| 140 | price, technical, and design aspects of the public construction |
| 141 | project, weighted for the project. |
| 142 | 4. The solicitation of competitive proposals, pursuant to |
| 143 | a design criteria package, from those qualified design-build |
| 144 | firms and the evaluation of the responses or bids submitted by |
| 145 | those firms based on the evaluation criteria and procedures |
| 146 | established prior to the solicitation of competitive proposals. |
| 147 | 5. For consultation with the employed or retained design |
| 148 | criteria professional concerning the evaluation of the responses |
| 149 | or bids submitted by the design-build firms, the supervision or |
| 150 | approval by the agency of the detailed working drawings of the |
| 151 | project; and for evaluation of the compliance of the project |
| 152 | construction with the design criteria package by the design |
| 153 | criteria professional. |
| 154 | 6. In the case of public emergencies, for the agency head |
| 155 | to declare an emergency and authorize negotiations with the best |
| 156 | qualified design-build firm available at that time. |
| 157 | Section 4. This act shall take effect July 1, 2007. |