| 1 | A bill to be entitled |
| 2 | An act relating to state construction management |
| 3 | contracting; creating s. 255.32, F.S.; providing |
| 4 | definitions; authorizing the Department of Management |
| 5 | Services to select and contract with specified |
| 6 | construction management entities to assist in the |
| 7 | management of construction projects; providing that the |
| 8 | department's authority includes the right to enter into |
| 9 | certain continuing contracts; providing that a |
| 10 | construction management entity may be required to offer a |
| 11 | guaranteed maximum price and a guaranteed completion date |
| 12 | under specified circumstances; providing procedures and |
| 13 | requirements with respect thereto; requiring the |
| 14 | department to adopt rules; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 255.32, Florida Statutes, is created to |
| 19 | read: |
| 20 | 255.32 State construction management contracting.-- |
| 21 | (1) For purposes of this section: |
| 22 | (a) "Construction management entity" means a licensed |
| 23 | general contractor, as defined in s. 489.105(3)(a), or a |
| 24 | licensed building contractor, as defined in s. 489.105(3)(b), |
| 25 | who coordinates and supervises a construction project from the |
| 26 | conceptual development stage through final construction, |
| 27 | including the scheduling, selection, contracting with, and |
| 28 | directing of specialty trade contractors and the value |
| 29 | engineering of a project. |
| 30 | (b) "Construction project" means any planned or unforeseen |
| 31 | fixed capital outlay activity authorized under s. 255.31. A |
| 32 | construction project may include: |
| 33 | 1. A grouping of minor construction, rehabilitation, or |
| 34 | renovation activities. |
| 35 | 2. A grouping of substantially similar construction, |
| 36 | rehabilitation, or renovation activities. |
| 37 | (c) "Continuing contract" means a contract with a |
| 38 | construction management entity for work during a defined time |
| 39 | period on construction projects, described by type, that may or |
| 40 | may not be identified at the time the contract is entered into. |
| 41 | (d) "Department" means the Department of Management |
| 42 | Services. |
| 43 | (2) To assist in the management of construction projects, |
| 44 | the department is authorized to select and contract with |
| 45 | construction management entities: |
| 46 | (a) That are competitively selected by the department |
| 47 | pursuant to the process provided in s. 287.055; |
| 48 | (b) That agree to follow the advertising and competitive |
| 49 | bidding processes that the department would be required to |
| 50 | follow if the department was managing the construction project |
| 51 | directly; and |
| 52 | (c) Under a contract separate from the design criteria |
| 53 | professional contract, if any, assigned to the construction |
| 54 | project. |
| 55 | (3) The department's authority under subsection (2) |
| 56 | includes the right to enter into continuing contracts so long as |
| 57 | the continuing contract is not used for any construction project |
| 58 | having a total estimated cost exceeding $1 million. |
| 59 | (4) At the option of the department, the construction |
| 60 | management entity, after having been selected for a construction |
| 61 | project and after competitive negotiations, may be required to |
| 62 | offer a guaranteed maximum price and a guaranteed completion |
| 63 | date. In such event, the construction management entity must |
| 64 | secure an appropriate surety bond pursuant to s. 255.05 and must |
| 65 | hold construction subcontracts. If a project solicited by the |
| 66 | department under the process provided in s. 287.055 includes a |
| 67 | grouping of minor construction, rehabilitation, or renovation |
| 68 | activities, or substantially similar construction, |
| 69 | rehabilitation, or renovation activities, the department may |
| 70 | require the construction management entity to provide for a |
| 71 | separate guaranteed maximum price and a separate guaranteed |
| 72 | completion date for each grouping included within the project. |
| 73 | (5) The department shall adopt rules pursuant to chapter |
| 74 | 120 for state agencies to utilize construction management |
| 75 | entities under contract with the department. |
| 76 | Section 2. This act shall take effect upon becoming a law. |