Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SB 2666
       
       
       
       
       
       
                                Barcode 813960                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 3/AD/2R         .                                
             04/22/2009 11:16 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Haridopolos moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 128 - 190
    4  and insert:
    5  
    6         (3) A governmental entity local government may select a
    7  program management entity, pursuant to the process provided by
    8  s. 287.055, which is to be responsible for schedule control,
    9  cost control, and coordination in providing or procuring
   10  planning, design, and construction services. The program
   11  management entity must consist of or contract with licensed or
   12  registered professionals for the specific areas of design or
   13  construction to be performed as required by law. The program
   14  management entity may retain necessary design professionals
   15  selected under the process provided in s. 287.055. At the option
   16  of the governmental entity local government, the program
   17  management entity, after having been selected and after
   18  competitive negotiations, may be required to offer a guaranteed
   19  maximum price and a guaranteed completion date or a lump-sum
   20  price and guaranteed completion date, in which case the program
   21  management entity must secure an appropriate surety bond
   22  pursuant to s. 255.05 and must hold design and construction
   23  subcontracts. If a project, as defined in s. 287.055(2)(f),
   24  solicited by a governmental entity local government under the
   25  process provided in s. 287.055 includes a grouping of
   26  substantially similar construction, rehabilitation, or
   27  renovation activities as permitted under s. 287.055(2)(f), the
   28  governmental entity local government, after competitive
   29  negotiations, may require the program management entity to
   30  provide for a separate guaranteed maximum price or a lump-sum
   31  price and a separate guaranteed completion date for each
   32  grouping of substantially similar construction, rehabilitation,
   33  or renovation activities included within the project.
   34         (4) A governmental entity’s authority under subsections (2)
   35  and (3) includes entering into a continuing contract for
   36  construction projects, pursuant to the process provided in s.
   37  287.055, in which the estimated construction cost of each
   38  individual project under the contract does not exceed $2
   39  million. For purposes of this subsection, the term “continuing
   40  contract” means a contract with a construction management or
   41  program management entity for work during a defined period on
   42  construction projects described by type which may or may not be
   43  identified at the time of entering into the contract.
   44         (5)(4) This section does not prohibit a local government
   45  from procuring construction management services, including the
   46  services of a program management entity, pursuant to the
   47  requirements of s. 255.20.
   48         Section 3. Paragraph (g) of subsection (2) of section
   49  287.055, Florida Statutes, is amended to read:
   50         287.055 Acquisition of professional architectural,
   51  engineering, landscape architectural, or surveying and mapping
   52  services; definitions; procedures; contingent fees prohibited;
   53  penalties.—
   54         (2) DEFINITIONS.—For purposes of this section:
   55         (g) A “continuing contract” is a contract for professional
   56  services entered into in accordance with all the procedures of
   57  this act between an agency and a firm whereby the firm provides
   58  professional services to the agency for projects in which the
   59  estimated construction cost of each individual project under the
   60  contract does costs do not exceed $2 $1 million, for study
   61  activity if when the fee for such professional services for each
   62  individual study under the contract does service does not exceed
   63  $200,000 $50,000, or for work of a specified nature as outlined
   64  in the contract required by the agency, with the contract being
   65  for a fixed term or with no time limitation except that the
   66  contract must provide a termination clause. Firms providing
   67  professional services under continuing contracts shall not be
   68  required to bid against one another.