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Senator Baker moved the following amendment to amendment

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(844108):

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     Senate Amendment (with title amendment)

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     Between line(s) 722 and 723

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insert:

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     Section 14.  Paragraph (c) of subsection (9) of section

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287.055, Florida Statutes, is amended to read:

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     287.055  Acquisition of professional architectural,

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engineering, landscape architectural, or surveying and mapping

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services; definitions; procedures; contingent fees prohibited;

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penalties.--

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     (9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--

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     (c) Except as otherwise provided in s. 337.11(8) s.

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337.11(7), the Department of Management Services shall adopt

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rules for the award of design-build contracts to be followed by

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state agencies. Each other agency must adopt rules or ordinances

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for the award of design-build contracts. Municipalities,

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political subdivisions, school districts, and school boards shall

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award design-build contracts by the use of a competitive proposal

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selection process as described in this subsection, or by the use

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of a qualifications-based selection process pursuant to

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subsections (3), (4), and (5) for entering into a contract

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whereby the selected firm will, subsequent to competitive

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negotiations, establish a guaranteed maximum price and guaranteed

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completion date. If the procuring agency elects the option of

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qualifications-based selection, during the selection of the

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design-build firm the procuring agency shall employ or retain a

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licensed design professional appropriate to the project to serve

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as the agency's representative. Procedures for the use of a

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competitive proposal selection process must include as a minimum

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the following:

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     1.  The preparation of a design criteria package for the

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design and construction of the public construction project.

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     2.  The qualification and selection of no fewer than three

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design-build firms as the most qualified, based on the

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qualifications, availability, and past work of the firms,

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including the partners or members thereof.

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     3.  The criteria, procedures, and standards for the

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evaluation of design-build contract proposals or bids, based on

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price, technical, and design aspects of the public construction

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project, weighted for the project.

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     4.  The solicitation of competitive proposals, pursuant to a

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design criteria package, from those qualified design-build firms

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and the evaluation of the responses or bids submitted by those

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firms based on the evaluation criteria and procedures established

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prior to the solicitation of competitive proposals.

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     5.  For consultation with the employed or retained design

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criteria professional concerning the evaluation of the responses

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or bids submitted by the design-build firms, the supervision or

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approval by the agency of the detailed working drawings of the

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project; and for evaluation of the compliance of the project

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construction with the design criteria package by the design

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criteria professional.

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     6.  In the case of public emergencies, for the agency head

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to declare an emergency and authorize negotiations with the best

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qualified design-build firm available at that time.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 2831, after the semicolon,

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insert:

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amending s. 287.055, F.S.; conforming a cross-reference;

4/30/2008  9:51:00 PM     TR.20.09341