Senate Bill sb2376c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2376
By the Committees on Governmental Operations; Regulated
Industries; and Senator Saunders
585-2673-07
1 A bill to be entitled
2 An act relating to public project construction
3 bonds; amending s. 255.05, F.S.; providing that
4 the amount of a bond shall equal the contract
5 price except under certain conditions;
6 providing that a bond may not be conditioned on
7 the performance of design or nonconstruction
8 services if such services are not included in
9 the bond amount; creating s. 255.103, F.S.;
10 providing a definition; authorizing local
11 governments to select construction-management
12 or program-management entities to be
13 responsible for certain construction project
14 activities; providing requirements and
15 authority for such entities; amending s.
16 287.055, F.S.; revising provisions relating to
17 the award of design-build contracts for
18 surveying or mapping services by certain
19 governmental entities; providing an effective
20 date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraph (c) is added to subsection (1) of
25 section 255.05, Florida Statutes, to read:
26 255.05 Bond of contractor constructing public
27 buildings; form; action by materialmen.--
28 (1)
29 (c)1. The amount of the bond shall equal the contract
30 price, except that for a contract in excess of $250 million,
31 if the state, county, municipality, political subdivision, or
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2376
585-2673-07
1 other public entity finds that a bond in the amount of the
2 contract price is not reasonably available, the public owner
3 shall set the amount of the bond at the largest amount
4 reasonably available, but not less than $250 million.
5 2. For a construction-management or design-build
6 contracts, if the public owner does not include in the bond
7 amount the cost of design or other nonconstruction services,
8 the bond may not be conditioned on performance of such
9 services or payment to persons furnishing such services.
10 Notwithstanding paragraph (a), such a bond may exclude persons
11 furnishing such services from the classes of persons protected
12 by the bond.
13 Section 2. Section 255.103, Florida Statutes, is
14 created to read:
15 255.103 Construction management or program management
16 entities.--
17 (1) "As used in this section, the term "local
18 government" means a county, municipality, special district as
19 defined in chapter 189, or other political subdivision of the
20 state.
21 (2) A local government may select a construction
22 management entity, pursuant to the process provided by s.
23 287.055, which is to be responsible for construction project
24 scheduling and coordination in both preconstruction and
25 construction phases and generally responsible for the
26 successful, timely, and economical completion of the
27 construction project. The construction management entity must
28 consist of or contract with licensed or registered
29 professionals for the specific fields or areas of construction
30 to be performed, as required by law. The construction
31 management entity may retain necessary design professionals
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2376
585-2673-07
1 selected under the process provided in s. 287.055. At the
2 option of the local government, the construction management
3 entity, after having been selected and after competitive
4 negotiations, may be required to offer a guaranteed maximum
5 price and a guaranteed completion date or a lump-sum price and
6 a guaranteed completion date, in which case, the construction
7 management entity must secure an appropriate surety bond
8 pursuant to s. 255.05 and must hold construction subcontracts.
9 If a project, as defined in s. 287.055(2)(f), solicited by a
10 local government under the process provided in s. 287.055
11 includes a grouping of substantially similar construction,
12 rehabilitation, or renovation activities as permitted under s.
13 287.055(2)(f), the local government, after competitive
14 negotiations, may require the construction management entity
15 to provide for a separate guaranteed maximum price or a
16 separate lump-sum price and a separate guaranteed completion
17 date for each grouping of substantially similar construction,
18 rehabilitation, or renovation activities included within the
19 project.
20 (3) A local government may select a program management
21 entity, pursuant to the process provided by s. 287.055, which
22 is to be responsible for schedule control, cost control, and
23 coordination in providing or procuring planning, design, and
24 construction services. The program management entity must
25 consist of or contract with licensed or registered
26 professionals for the specific areas of design or construction
27 to be performed as required by law. The program management
28 entity may retain necessary design professionals selected
29 under the process provided in s. 287.055. At the option of the
30 local government, the program management entity, after having
31 been selected and after competitive negotiations, may be
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2376
585-2673-07
1 required to offer a guaranteed maximum price and a guaranteed
2 completion date or a lump-sum price and guaranteed completion
3 date, in which case the program management entity must secure
4 an appropriate surety bond pursuant to s. 255.05 and must hold
5 design and construction subcontracts. If a project, as defined
6 in s. 287.055(2)(f), solicited by a local government under the
7 process provided in s. 287.055 includes a grouping of
8 substantially similar construction, rehabilitation, or
9 renovation activities as permitted under s. 287.055(2)(f), the
10 local government, after competitive negotiations, may require
11 the program management entity to provide for a separate
12 guaranteed maximum price or a lump-sum price and a separate
13 guaranteed completion date for each grouping of substantially
14 similar construction, rehabilitation, or renovation activities
15 included within the project.
16 (4) This section does not prohibit a local government
17 from procuring construction management services, including the
18 services of a program management entity, pursuant to the
19 requirements of s. 255.20.
20 Section 3. Paragraph (c) of subsection (9) of section
21 287.055, Florida Statutes, is amended to read:
22 287.055 Acquisition of professional architectural,
23 engineering, landscape architectural, or surveying and mapping
24 services; definitions; procedures; contingent fees prohibited;
25 penalties.--
26 (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
27 (c) Except as otherwise provided in s. 337.11(7), the
28 Department of Management Services shall adopt rules for the
29 award of design-build contracts to be followed by state
30 agencies. Each other agency must adopt rules or ordinances
31 for the award of design-build contracts. Municipalities,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2376
585-2673-07
1 political subdivisions, school districts, and school boards
2 shall award design-build contracts by the use of a competitive
3 proposal selection process as described in this subsection, or
4 by the use of a qualifications-based selection process
5 pursuant to subsections (3), (4), and (5) for entering into a
6 contract whereby the selected firm will, subsequent to
7 competitive negotiations, subsequently establish a guaranteed
8 maximum price and guaranteed completion date. If the procuring
9 agency elects the option of qualifications-based selection,
10 during the selection of the design-build firm the procuring
11 agency shall employ or retain a licensed design professional
12 appropriate to the project to serve as the agency's
13 representative. Procedures for the use of a competitive
14 proposal selection process must include as a minimum the
15 following:
16 1. The preparation of a design criteria package for
17 the design and construction of the public construction
18 project.
19 2. The qualification and selection of no fewer than
20 three design-build firms as the most qualified, based on the
21 qualifications, availability, and past work of the firms,
22 including the partners or members thereof.
23 3. The criteria, procedures, and standards for the
24 evaluation of design-build contract proposals or bids, based
25 on price, technical, and design aspects of the public
26 construction project, weighted for the project.
27 4. The solicitation of competitive proposals, pursuant
28 to a design criteria package, from those qualified
29 design-build firms and the evaluation of the responses or bids
30 submitted by those firms based on the evaluation criteria and
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2376
585-2673-07
1 procedures established prior to the solicitation of
2 competitive proposals.
3 5. For consultation with the employed or retained
4 design criteria professional concerning the evaluation of the
5 responses or bids submitted by the design-build firms, the
6 supervision or approval by the agency of the detailed working
7 drawings of the project; and for evaluation of the compliance
8 of the project construction with the design criteria package
9 by the design criteria professional.
10 6. In the case of public emergencies, for the agency
11 head to declare an emergency and authorize negotiations with
12 the best qualified design-build firm available at that time.
13 Section 4. This act shall take effect July 1, 2007.
14
15 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
16 CS for SB 2376
17
18 Allows a local government to use a construction management or
program management entity for construction projects, and
19 requires that they be procured pursuant to the Consultants'
Competitive Negotiation Act (CCNA).
20
Modifies the CCNA to clarify that contracts for award of
21 design-build contracts must, subsequent to competitive
negotiations, establish a guaranteed maximum price and
22 guaranteed completion date.
23
24
25
26
27
28
29
30
31
6
CODING: Words stricken are deletions; words underlined are additions.