Florida Senate - 2009                                    SB 2666
       
       
       
       By Senator Haridopolos
       
       
       
       
       26-01393-09                                           20092666__
    1                        A bill to be entitled                      
    2         An act relating to state construction management
    3         contracting; creating s. 255.32, F.S.; defining terms;
    4         authorizing the Department of Management Services to
    5         select and contract with construction management
    6         entities to assist in the management of state
    7         construction projects; providing criteria; authorizing
    8         the department to enter into continuing contracts
    9         under certain circumstances; providing that a
   10         construction management entity may be required to
   11         offer a guaranteed maximum price and a guaranteed
   12         completion date under specified circumstances and
   13         secure a surety bond; requiring the department to
   14         adopt rules; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 255.32, Florida Statutes, is created to
   19  read:
   20         255.32 State construction management contracting.—
   21         (1) As used in this section, the term:
   22         (a) “Construction management entity” means a licensed
   23  general contractor or a licensed building contractor, as defined
   24  in s. 489.105, who coordinates and supervises a construction
   25  project from the conceptual development stage through final
   26  construction, including the scheduling, selection, contracting
   27  with, and directing of specialty trade contractors, and the
   28  value engineering of a project.
   29         (b) “Construction project” means any planned or unforeseen
   30  fixed capital outlay activity authorized under s. 255.31. A
   31  construction project may include:
   32         1. A grouping of minor construction, rehabilitation, or
   33  renovation activities.
   34         2. A grouping of substantially similar construction,
   35  rehabilitation, or renovation activities.
   36         (c) “Continuing contract” means a contract with a
   37  construction management entity for work during a defined time
   38  period on construction projects described by type, which may or
   39  may not be identified at the time of entering into the contract.
   40         (d) ”Department” means the Department of Management
   41  Services.
   42         (2) To assist in the management of state construction
   43  projects, the department may select and contract with
   44  construction management entities that:
   45         (a) Are competitively selected by the department pursuant
   46  to s. 287.055;
   47         (b) Agree to follow the advertising and competitive bidding
   48  procedures that the department is required to follow if the
   49  department is managing the construction project directly; and
   50         (c) Are under a contract that is separate from the design
   51  criteria professional contract, if any, assigned to the
   52  construction project.
   53         (3) The department's authority under subsection (2)
   54  includes entering into continuing contracts for construction
   55  projects for which the total estimated cost does not exceed $1
   56  million.
   57         (4) The department may require the construction management
   58  entity, after having been selected for a construction project
   59  and after competitive negotiations, to offer a guaranteed
   60  maximum price and a guaranteed completion date. If so required,
   61  the construction management entity must secure an appropriate
   62  surety bond pursuant to s. 255.05 and must hold construction
   63  subcontracts. If a project solicited by the department pursuant
   64  to s. 287.055 includes a grouping of construction,
   65  rehabilitation, or renovation activities or substantially
   66  similar construction, rehabilitation, or renovation activities
   67  costing up to $1 million, the department may require the
   68  construction management entity to provide a separate guaranteed
   69  maximum price and a separate guaranteed completion date for each
   70  grouping included in the project.
   71         (5) The department shall adopt rules for state agencies
   72  using the services of construction management entities under
   73  contract with the department.
   74         Section 2. This act shall take effect July 1, 2009.