255.20 (public works/roads) Flashcards
What work is covered by 255.20?
Public Construct
Inc. bridges, roads, streets, hiways, RRs
• May req qualf
• DQ if 10% behind
• Prequl by DOT
What entities are covered by 255.20?
ALL
Cities, Counties + SpDs under 189
How award under 255.20?
Competitive award.
• Includes bids, RFPs, RFQs, ITNs, using other than price.
What are 3 trades & tradesmen are under 255.20?
Construction. Licensed contractor $300k
Electrical. Electrician. $75k
Roads. Contractor $250k
What is dollar threshold for at which must competitively award for Construction?
Over $300k*
* Includes labor, equip + materials + overhead @ 20%
———–
300 const, 250 road, 75 elec
What is dollar threshold for at which must competitively award for Electrical?
Over $75k
What type of project must LG be doing to be able to prequalify a contractor?
Roads over $250k
Can base award on what 3 things under 255.20?
Price
Proposals/Qualifications
Negotiations
If based on Negotiations, how must LG award?
In accord w/ CCNA, FS 287.055
1) Advertise
2) Rvw Qual
3) Det 3 most qual bidders
4) Negotiate serially.
What are 4 steps taken by LG per CCNA?
CCNA, FS 287.055
1) Advertise
2) Rvw Qual
3) Det 3 most qual bidders
4) Negotiate serially.
What are the 3 ways a public works may be awarded?
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.
If award on price, what are reqs to award?
a. Lowest Qualified and Responsive bidder,
b. In accord w/ LG Ordinance.
If award on proposals, what are reqs to award?
a. Must be publicly advertised &
b. Awarded in accord w/ LG Ordinance.
If award on price, what are 2 ways LG can back out?
- Can reserve in the solicition the rt to reject all
- Can elect not to proceed w/ Project.
What types of Ks are permitted under 255.20?
- CM services.
- DB Ks.
- Continuing Ks based on unit prices.
- Arrangements permitted by ordinance, SpD resolutn
~~~ CCNA (design) incl DB + Continuing ~~~
PP allowed under 255.20 – adopt broad
- Pre-qual bidders,
- Waive bonds on small projects,
- Build in a waiver of comp bidding.
- Lease-purchase. ~cannot confirm this.
How much overhead is included in calculating the threshold for mandatory construction bidding?
$300k incl:
1) Overhead @ 20%
2) Labor
3) Materials.
When does statute authorize LG to disqualify a pre-qualified bidder?
If 10% behind on jobs.
How might a contractor be presumed pre-qualified?
If qualified by FDOT.
Characterize the winner of a 255.20 bid based on price.
“Lowest Qualified and Responsive bidder.”
Per FS 255.20(1)(d)(1).
Define a “qualified” bidder as that term is used when awarding based on price under 255.20.
Reliable RIC is qualified.
———–
(a) Reliability for GF performance.
(b) Integrity for GF performance.
(c) Capable to fully perform contract
Define a “responsive” bidder as that term is used when awarding based on price under 255.20.
Submitted a bid, proposal, or reply that conforms in all material respects to the solicitation
Brush up on:
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)
What is the dollar threshold to allow prequalif for roads?
$250k
We know 255.20 applies to construction contractors, road contractors & electricians. What type of project must each be doing?
New. Never maintain or repair.
————
~Reminds me of Impact Fee = NEW only~
