CS/CS/HB 1459

1
A bill to be entitled
2An act relating to state construction management
3contracting; creating s. 255.32, F.S.; defining terms;
4authorizing the Department of Management Services to
5select and contract with construction management entities
6to assist in the management of state construction
7projects; providing criteria; authorizing the department
8to enter into continuing contracts under certain
9circumstances; providing that a construction management
10entity may be required to offer a guaranteed maximum price
11and a guaranteed completion date under specified
12circumstances and secure a surety bond; authorizing the
13department to adopt rules; amending s. 255.103, F.S.;
14revising terminology; providing a definition; authorizing
15governmental entities to enter into continuing contracts
16under certain circumstances; amending s. 287.055, F.S.;
17revising a definition; amending s. 287.057, F.S.;
18excluding advertising from artistic services exempt from
19competitive-solicitation requirements for contractual
20services and commodities; providing a definition; amending
21s. 1013.45, F.S.; revising contracting procedures for
22educational facilities contracting and construction;
23providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Section 255.32, Florida Statutes, is created to
28read:
29     255.32  State construction management contracting.--
30     (1)  As used in this section, the term:
31     (a)  "Construction management entity" means a licensed
32general contractor or a licensed building contractor, as defined
33in s. 489.105(3), who coordinates and supervises a construction
34project from the conceptual development stage through final
35construction, including the scheduling, selection, contracting
36with, and directing of specialty trade contractors and the value
37engineering of a project.
38     (b)  "Construction project" means any planned or unforeseen
39fixed capital outlay activity authorized under s. 255.31. A
40construction project may include:
41     1.  A grouping of minor construction, rehabilitation, or
42renovation activities.
43     2.  A grouping of substantially similar construction,
44rehabilitation, or renovation activities.
45     (c)  "Continuing contract" means a contract with a
46construction management entity for work during a defined time
47period on construction projects, described by type, which may or
48may not be identified at the time the contract is entered into.
49     (d)  "Department" means the Department of Management
50Services.
51     (2)  To assist in the management of state construction
52projects, the department may select and contract with
53construction management entities that:
54     (a)  Are competitively selected by the department pursuant
55to s. 287.055;
56     (b)  Agree to follow the advertising and competitive
57bidding procedures that the department is required to follow if
58the department was managing the construction project directly;
59and
60     (c)  Are under a contract that is separate from the design
61criteria professional contract, if any, assigned to the
62construction project.
63     (3)  The department's authority under subsection (2)
64includes entering into continuing contracts for construction
65projects for which the total estimated construction cost for
66each project under the contract does not exceed $2 million.
67     (4)  The department may require the construction management
68entity, after having been selected for a construction project
69and after competitive negotiations, to offer a guaranteed
70maximum price and a guaranteed completion date. If so required,
71the construction management entity must secure an appropriate
72surety bond pursuant to s. 255.05 and must hold construction
73subcontracts. If a project solicited by the department pursuant
74to s. 287.055 includes a grouping of construction,
75rehabilitation, or renovation activities or substantially
76similar construction, rehabilitation, or renovation activities
77costing up to $1 million, the department may require the
78construction management entity to provide a separate guaranteed
79maximum price and a separate guaranteed completion date for each
80grouping included in the project.
81     (5)  The department shall adopt rules for state agencies
82using the services of construction management entities under
83contract with the department.
84     Section 2.  Section 255.103, Florida Statutes, is amended
85to read:
86     255.103  Construction management or program management
87entities.--
88     (1)  As used in this section, the term "governmental entity
89local government" means a county, municipality, school district,
90special district as defined in chapter 189, or other political  
91subdivision of the state.
92     (2)  A governmental entity local government may select a
93construction management entity, pursuant to the process provided
94by s. 287.055, which is to be responsible for construction
95project scheduling and coordination in both preconstruction and
96construction phases and generally responsible for the
97successful, timely, and economical completion of the
98construction project. The construction management entity must
99consist of or contract with licensed or registered professionals
100for the specific fields or areas of construction to be
101performed, as required by law. The construction management
102entity may retain necessary design professionals selected under
103the process provided in s. 287.055. At the option of the
104governmental entity local government, the construction
105management entity, after having been selected and after
106competitive negotiations, may be required to offer a guaranteed
107maximum price and a guaranteed completion date or a lump-sum
108price and a guaranteed completion date, in which case, the
109construction management entity must secure an appropriate surety
110bond pursuant to s. 255.05 and must hold construction
111subcontracts. If a project, as defined in s. 287.055(2)(f),
112solicited by a governmental entity local government under the
113process provided in s. 287.055 includes a grouping of
114substantially similar construction, rehabilitation, or
115renovation activities as permitted under s. 287.055(2)(f), the
116governmental entity local government, after competitive
117negotiations, may require the construction management entity to
118provide for a separate guaranteed maximum price or a separate
119lump-sum price and a separate guaranteed completion date for
120each grouping of substantially similar construction,
121rehabilitation, or renovation activities included within the
122project.
123     (3)  A governmental entity local government may select a
124program management entity, pursuant to the process provided by
125s. 287.055, which is to be responsible for schedule control,
126cost control, and coordination in providing or procuring
127planning, design, and construction services. The program
128management entity must consist of or contract with licensed or
129registered professionals for the specific areas of design or
130construction to be performed as required by law. The program
131management entity may retain necessary design professionals
132selected under the process provided in s. 287.055. At the option
133of the governmental entity local government, the program
134management entity, after having been selected and after
135competitive negotiations, may be required to offer a guaranteed
136maximum price and a guaranteed completion date or a lump-sum
137price and guaranteed completion date, in which case the program
138management entity must secure an appropriate surety bond
139pursuant to s. 255.05 and must hold design and construction
140subcontracts. If a project, as defined in s. 287.055(2)(f),
141solicited by a governmental entity local government under the
142process provided in s. 287.055 includes a grouping of
143substantially similar construction, rehabilitation, or
144renovation activities as permitted under s. 287.055(2)(f), the
145governmental entity local government, after competitive
146negotiations, may require the program management entity to
147provide for a separate guaranteed maximum price or a lump-sum
148price and a separate guaranteed completion date for each
149grouping of substantially similar construction, rehabilitation,
150or renovation activities included within the project.
151     (4)  A governmental entity's authority under subsections
152(2) and (3) includes entering into a continuing contract for
153construction projects, pursuant to the process provided in s.
154287.055, for which the total estimated construction cost for
155each project under the contract does not exceed $2 million. For
156purposes of this subsection, the term "continuing contract"
157means a contract with a construction management or program
158management entity for work during a defined period on
159construction projects described by type which may or may not be
160identified at the time of entering into the contract.
161     (5)(4)  This section does not prohibit a governmental
162entity local government from procuring construction management
163services, including the services of a program management entity,
164pursuant to the requirements of s. 255.20.
165     Section 3.  Paragraph (g) of subsection (2) of section
166287.055, Florida Statutes, is amended to read:
167     287.055  Acquisition of professional architectural,
168engineering, landscape architectural, or surveying and mapping
169services; definitions; procedures; contingent fees prohibited;
170penalties.--
171     (2)  DEFINITIONS.--For purposes of this section:
172     (g)  A "continuing contract" is a contract for professional
173services entered into in accordance with all the procedures of
174this act between an agency and a firm whereby the firm provides
175professional services to the agency for projects in which
176construction costs for each project under the contract do not
177exceed $2 $1 million, for study activity if when the fee for
178such professional services for each study under the contract
179service does not exceed $200,000 $50,000, or for work of a
180specified nature as outlined in the contract required by the
181agency, with the contract being for a fixed term or with no time
182limitation except that the contract must provide a termination
183clause. Firms providing professional services under continuing
184contracts shall not be required to bid against one another.
185     Section 4.  Paragraph (f) of subsection (5) of section
186287.057, Florida Statutes, is amended to read:
187     287.057  Procurement of commodities or contractual
188services.--
189     (5)  When the purchase price of commodities or contractual
190services exceeds the threshold amount provided in s. 287.017 for
191CATEGORY TWO, no purchase of commodities or contractual services
192may be made without receiving competitive sealed bids,
193competitive sealed proposals, or competitive sealed replies
194unless:
195     (f)  The following contractual services and commodities are
196not subject to the competitive-solicitation requirements of this
197section:
198     1.  Artistic services. For the purposes of this subsection,
199the term "artistic services" does not include advertising. As
200used in this subparagraph, the term "advertising" means the
201making of a representation in any form in connection with a
202trade, business, craft, or profession in order to promote the
203supply of commodities or contractual services by the person
204promoting the commodities or contractual services.
205     2.  Academic program reviews.
206     3.  Lectures by individuals.
207     4.  Auditing services.
208     5.  Legal services, including attorney, paralegal, expert
209witness, appraisal, or mediator services.
210     6.  Health services involving examination, diagnosis,
211treatment, prevention, medical consultation, or administration.
212     7.  Services provided to persons with mental or physical
213disabilities by not-for-profit corporations which have obtained
214exemptions under the provisions of s. 501(c)(3) of the United
215States Internal Revenue Code or when such services are governed
216by the provisions of Office of Management and Budget Circular A-
217122. However, in acquiring such services, the agency shall
218consider the ability of the vendor, past performance,
219willingness to meet time requirements, and price.
220     8.  Medicaid services delivered to an eligible Medicaid
221recipient by a health care provider who has not previously
222applied for and received a Medicaid provider number from the
223Agency for Health Care Administration. However, this exception
224shall be valid for a period not to exceed 90 days after the date
225of delivery to the Medicaid recipient and shall not be renewed
226by the agency.
227     9.  Family placement services.
228     10.  Prevention services related to mental health,
229including drug abuse prevention programs, child abuse prevention
230programs, and shelters for runaways, operated by not-for-profit
231corporations. However, in acquiring such services, the agency
232shall consider the ability of the vendor, past performance,
233willingness to meet time requirements, and price.
234     11.  Training and education services provided to injured
235employees pursuant to s. 440.491(6).
236     12.  Contracts entered into pursuant to s. 337.11.
237     13.  Services or commodities provided by governmental
238agencies.
239     Section 5.  Subsection (1) of section 1013.45, Florida
240Statutes, is amended to read:
241     1013.45  Educational facilities contracting and
242construction techniques.--
243     (1)  Boards may employ procedures to contract for
244construction of new facilities, or for major additions,
245remodeling, renovation, maintenance, or repairs to existing
246facilities, that will include, but not be limited to:
247     (a)  Competitive bids.
248     (b)  Procuring professional services or design-build
249contracts pursuant to s. 287.055, including continuing contracts
250for professional services.
251     (c)  Selecting a construction management entity, pursuant
252to s. 255.103 or the process provided by s. 287.055, that would
253be responsible for all scheduling and coordination in both
254design and construction phases and is generally responsible for
255the successful, timely, and economical completion of the
256construction project. The construction management entity must
257consist of or contract with licensed or registered professionals
258for the specific fields or areas of construction to be
259performed, as required by law. At the option of the board, the
260construction management entity, after having been selected, may
261be required to offer a guaranteed maximum price or a guaranteed
262completion date; in which case, the construction management
263entity must secure an appropriate surety bond pursuant to s.
264255.05 and must hold construction subcontracts. The criteria for
265selecting a construction management entity shall not unfairly
266penalize an entity that has relevant experience in the delivery
267of construction projects of similar size and complexity by
268methods of delivery other than construction management.
269     (d)  Selecting a program management entity, pursuant to s.
270255.103 or the process provided by s. 287.055, that would act as
271the agent of the board and would be responsible for schedule
272control, cost control, and coordination in providing or
273procuring planning, design, and construction services. The
274program management entity must consist of or contract with
275licensed or registered professionals for the specific areas of
276design or construction to be performed as required by law. The
277program management entity may retain necessary design
278professionals selected under the process provided in s. 287.055.
279At the option of the board, the program management entity, after
280having been selected, may be required to offer a guaranteed
281maximum price or a guaranteed completion date, in which case the
282program management entity must secure an appropriate surety bond
283pursuant to s. 255.05 and must hold design and construction
284subcontracts. The criteria for selecting a program management
285entity shall not unfairly penalize an entity that has relevant
286experience in the delivery of construction programs of similar
287size and complexity by methods of delivery other than program
288management.
289     (e)  Day-labor contracts not exceeding $280,000 for
290construction, renovation, remodeling, or maintenance of existing
291facilities. Beginning January 2009, this amount shall be
292adjusted annually based upon changes in the Consumer Price
293Index.
294     Section 6.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.