255.20 (public works/roads)

Question 1

What work is covered by 255.20?

Answer 1

Public Construct
Inc. bridges, roads, streets, hiways, RRs
• May req qualf
• DQ if 10% behind
• Prequl by DOT

Question 2

What entities are covered by 255.20?

Answer 2

ALL
Cities, Counties + SpDs under 189

Question 3

How award under 255.20?

Answer 3

Competitive award.
• Includes bids, RFPs, RFQs, ITNs, using other than price.

Question 4

What are 3 trades & tradesmen are under 255.20?

Answer 4

Construction. Licensed contractor $300k
Electrical. Electrician. $75k
Roads. Contractor $250k

Question 5

What is dollar threshold for at which must competitively award for Construction?

Answer 5

Over $300k*
* Includes labor, equip + materials + overhead @ 20%
———–
300 const, 250 road, 75 elec

Question 6

What is dollar threshold for at which must competitively award for Electrical?

Answer 6

Over $75k

Question 7

What type of project must LG be doing to be able to prequalify a contractor?

Answer 7

Roads over $250k

Question 8

Can base award on what 3 things under 255.20?

Answer 8

Price
Proposals/Qualifications
Negotiations

Question 9

If based on Negotiations, how must LG award?

Answer 9

In accord w/ CCNA, FS 287.055
1) Advertise
2) Rvw Qual
3) Det 3 most qual bidders
4) Negotiate serially.

Question 10

What are 4 steps taken by LG per CCNA?

Answer 10

CCNA, FS 287.055
1) Advertise
2) Rvw Qual
3) Det 3 most qual bidders
4) Negotiate serially.

Question 11

What are the 3 ways a public works may be awarded?

Answer 11

By price, lowest qualified bidder.
By proposal or qualif, per LG ordinance.
Subject to competitive negotiation, per CCNA, i.e. to most qualified firm for pro services @ fair, competitive & reasonable price.
———–
Constr. over $300k* *Includes labor, equip + mats
Roads. over $250k
Elect. over $75k.

CCNA
Constr. over $325k
Study/Plan over $35k
— so if its $300 but calls for design of construction wd you use CCNA? No way.

Question 12

If award on price, what are reqs to award?

Answer 12

a. Lowest Qualified and Responsive bidder,
b. In accord w/ LG Ordinance.

Question 13

If award on proposals, what are reqs to award?

Answer 13

a. Must be publicly advertised &
b. Awarded in accord w/ LG Ordinance.

Question 14

If award on price, what are 2 ways LG can back out?

Answer 14

1. Can reserve in the solicition the rt to reject all
2. Can elect not to proceed w/ Project.

Question 15

What types of Ks are permitted under 255.20?

Answer 15

1. CM services.
2. DB Ks.
3. Continuing Ks based on unit prices.
4. Arrangements permitted by ordinance, SpD resolutn

~~~ CCNA (design) incl DB + Continuing ~~~

Question 16

PP allowed under 255.20 – adopt broad

Answer 16

1. Pre-qual bidders,
2. Waive bonds on small projects,
3. Build in a waiver of comp bidding.
4. Lease-purchase. ~cannot confirm this.

Question 17

How much overhead is included in calculating the threshold for mandatory construction bidding?

Answer 17

$300k incl:
1) Overhead @ 20%
2) Labor
3) Materials.

Question 18

When does statute authorize LG to disqualify a pre-qualified bidder?

Answer 18

If 10% behind on jobs.

Question 19

How might a contractor be presumed pre-qualified?

Answer 19

If qualified by FDOT.

Question 20

Characterize the winner of a 255.20 bid based on price.

Answer 20

“Lowest Qualified and Responsive bidder.”
Per FS 255.20(1)(d)(1).

Question 21

Define a “qualified” bidder as that term is used when awarding based on price under 255.20.

Answer 21

Reliable RIC is qualified.
———–
(a) Reliability for GF performance.
(b) Integrity for GF performance.
(c) Capable to fully perform contract

Question 22

Define a “responsive” bidder as that term is used when awarding based on price under 255.20.

Answer 22

Submitted a bid, proposal, or reply that conforms in all material respects to the solicitation

Question 23

Brush up on:

Answer 23

American Engineering and Development Corp. v. Town of Highland Beach, 20 So. 3d 1000 (Fla. 4th DCA 2009)
City of Sweetwater v. Solo Const. Corp., 823 So. 2d 798 (Fla. 3d DCA
2002)
Emerald Correctional Management v. Bay County Bd. of County Comrs., 955 So. 2d 647 (Fla 1st DCA 2007
Harry Pepper & Associates, Inc. v. City of Cape Coral, 352 So. 2d 1190 (Fla. 2d DCA 1978)
Intercontinental Properties, Inc. v. State Dept. of Health and Rehabilitative Services, 606 So. 2d 380 (Fla. 3d DCA 1992)

Question 24

What is the dollar threshold to allow prequalif for roads?

Answer 24

$250k

Question 25

We know 255.20 applies to construction contractors, road contractors & electricians. What type of project must each be doing?

Answer 25

New. Never maintain or repair.
————
~Reminds me of Impact Fee = NEW only~