Amendment
Bill No. 1976

Amendment No. 094129

CHAMBER ACTION
Senate		House
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1	Representative(s) Attkisson offered the following:
2
3	Amendment (with title amendment)
4	On page 1, between lines 9 and 10, insert:
5
6	Section 1.  Section 255.103, Florida Statutes, is created
7	to read:
8	255.103  Construction management entities; program
9	management entities.--
10	(1)  "Local government" as used in this section means a
11	county, municipality, or special district as defined in chapter
12	189, or other political subdivision of the state.
13	(2)  A local government may select a construction
14	management entity, pursuant to the process provided by s.
15	287.055, that would be responsible for construction project
16	scheduling and coordination in both preconstruction and
17	construction phases and is generally responsible for the
18	successful, timely, and economical completion of the
19	construction project. The construction management entity must
20	consist of or contract with licensed or registered professionals
21	for the specific fields or areas of construction to be
22	performed, as required by law. The construction management
23	entity may retain necessary design professionals selected under
24	the process provided in s. 287.055. At the option of the local
25	government, the construction management entity, after having
26	been selected and after competitive negotiations, may be
27	required to offer either a guaranteed maximum price and a
28	guaranteed completion date or a lump-sum price and a guaranteed
29	completion date, in which case the construction management
30	entity must secure an appropriate surety bond pursuant to s.
31	255.05 and must hold construction subcontracts. If a project, as
32	defined in s. 287.055(2)(f), solicited by a local government
33	under the process provided in s. 287.055 includes a grouping of
34	substantially similar construction, rehabilitation, or
35	renovation activities as permitted under s. 287.055(2)(f), the
36	local government, after competitive negotiations, may require
37	the construction management entity to provide for a separate
38	guaranteed maximum price or a separate lump-sum price and a
39	separate guaranteed completion date for each grouping of
40	substantially similar construction, rehabilitation, or
41	renovation activities included within the project.
42	(3)  A local government may select a program management
43	entity, pursuant to the process provided by s. 287.055, that
44	would be responsible for schedule control, cost control, and
45	coordination in providing or procuring planning, design, and
46	construction services. The program management entity must
47	consist of or contract with licensed or registered professionals
48	for the specific areas of design or construction to be performed
49	as required by law. The program management entity may retain
50	necessary design professionals selected under the process
51	provided in s. 287.055. At the option of the local government,
52	the program management entity, after having been selected and
53	after competitive negotiations, may be required to offer either
54	a guaranteed maximum price and a guaranteed completion date or a
55	lump-sum price and a guaranteed completion date, in which case
56	the program management entity must secure an appropriate surety
57	bond pursuant to s. 255.05 and must hold design and construction
58	subcontracts. If a project, as defined in s. 287.055(2)(f),
59	solicited by a local government under the process provided in s.
60	287.055 includes a grouping of substantially similar
61	construction, rehabilitation, or renovation activities as
62	permitted under s. 287.055(2)(f), the local government, after
63	competitive negotiations, may require the program management
64	entity to provide for a separate guaranteed maximum price or a
65	lump-sum price and a separate guaranteed completion date for
66	each grouping of substantially similar construction,
67	rehabilitation, or renovation activities included within the
68	project.
69	(4)  Nothing in this section shall be construed to prohibit
70	a local government from procuring construction management
71	services, including the services of a program management entity,
72	pursuant to the requirements of s. 255.20.
73	Section 2.  Paragraphs (b) and (c) of subsection (9) of
74	section 287.055, Florida Statutes, are amended to read:
75	287.055  Acquisition of professional architectural,
76	engineering, landscape architectural, or surveying and mapping
77	services; definitions; procedures; contingent fees prohibited;
78	penalties.--
79	(9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
80	(b)  The design criteria package must be prepared and
81	sealed by a design criteria professional employed by or retained
82	by the agency. If the agency elects to enter into a professional
83	services contract for the preparation of the design criteria
84	package, then the design criteria professional must be selected
85	and contracted with under the requirements of subsections (3),
86	(4), and (5). A design criteria professional who has been
87	selected to prepare the design criteria package is not eligible
88	to render services under a design-build contract executed
89	pursuant to the design criteria package.
90	(c)  Except as otherwise provided in s. 337.11(7), the
91	Department of Management Services shall adopt rules for the
92	award of design-build contracts to be followed by state
93	agencies. Each other agency must adopt rules or ordinances for
94	the award of design-build contracts. Municipalities, political
95	subdivisions, school districts, and school boards shall award
96	design-build contracts by the use of a competitive proposal
97	selection process as described in this subsection, or by the use
98	of a qualifications-based selection process pursuant to
99	subsections (3), (4), and (5) for entering into a contract
100	whereby the selected firm will, subsequent to competitive
101	negotiations, subsequently establish a guaranteed maximum price
102	and guaranteed completion date. If the procuring agency elects
103	the option of qualifications-based selection, during the
104	selection of the design-build firm the procuring agency shall
105	employ or retain a licensed design professional appropriate to
106	the project to serve as the agency's representative. Procedures
107	for the use of a competitive proposal selection process must
108	include as a minimum the following:
109	1.  The preparation of a design criteria package for the
110	design and construction of the public construction project.
111	2.  The qualification and selection of no fewer than three
112	design-build firms as the most qualified, based on the
113	qualifications, availability, and past work of the firms,
114	including the partners or members thereof.
115	3.  The criteria, procedures, and standards for the
116	evaluation of design-build contract proposals or bids, based on
117	price, technical, and design aspects of the public construction
118	project, weighted for the project.
119	4.  The solicitation of competitive proposals, pursuant to
120	a design criteria package, from those qualified design-build
121	firms and the evaluation of the responses or bids submitted by
122	those firms based on the evaluation criteria and procedures
123	established prior to the solicitation of competitive proposals.
124	5.  For consultation with the employed or retained design
125	criteria professional concerning the evaluation of the responses
126	or bids submitted by the design-build firms, the supervision or
127	approval by the agency of the detailed working drawings of the
128	project; and for evaluation of the compliance of the project
129	construction with the design criteria package by the design
130	criteria professional.
131	6.  In the case of public emergencies, for the agency head
132	to declare an emergency and authorize negotiations with the best
133	qualified design-build firm available at that time.
134
135
136	========= T I T L E  A M E N D M E N T =========
137	On page 1, lines 2 through 6,
138	remove:  all of said lines
139
140	and insert:
141
142	An act relating to procurement of personal property and
143	services; creating s. 255.103, F.S.; authorizing local
144	governments to select construction management entities and
145	program management entities; specifying the
146	responsibilities of such entities; providing procedures
147	and requirements with respect to such entities; providing
148	construction of the section; amending s. 287.055, F.S.,
149	relating to the acquisition of professional architectural,
150	engineering, landscape architectural, or surveying and
151	mapping services; revising requirements under which a
152	design criteria professional must be selected and
153	contracted with; revising provisions relating to the award
154	of design-build contracts for such services by
155	municipalities, political subdivisions, school districts,
156	and school boards; amending s. 287.057, F.S.; requiring
157	that additional types of contracts by state agencies be
158	procured by competitive solicitation; providing an
159	effective date.

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