Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 544
Barcode 881350
CHAMBER ACTION
Senate House
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11 The Committee on Transportation and Economic Development
12 Appropriations (Diaz de la Portilla) recommended the following
13 amendment to substitute amendment (422680):
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15 Senate Amendment (with title amendment)
16 On page 7, between lines 8 and 9,
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18 insert:
19 Section 2. Notwithstanding any local ordinance to the
20 contrary, the local governmental entity responsible for
21 issuing requests for proposals or soliciting bids for the
22 design and construction of the facility that is the subject of
23 the certification awarded in s. 288.11635(6)(c), F.S., shall
24 include a notice of minimum requirements with which all
25 respondents must comply. The notice shall include, but not be
26 limited to, the following requirements:
27 (1) Each respondent must include a current list of
28 projects completed within the past 3 years as a prime or
29 subcontractor stating the actual dollar amount of work
30 executed; whether the work was timely completed; an
31 explanation of cost overruns on the projects, if any; and
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 544
Barcode 881350
1 letters from at least two agencies or firms for whom the
2 respondent has done previous work over the past 3 years
3 attesting that the respondent achieved the performance
4 standards established in their contracts.
5 (2) each respondent must warrant that it has not,
6 within a 3-year period preceding submittal of a proposal or
7 bid for the project that is the subject of the ninth
8 certification under s. 288.1162, F.S., had one or more
9 federal, state, or local government contracts terminated for
10 cause or default.
11 (3) Each respondent must warrant that, to the best of
12 its knowledge, there is no pending or threatened action,
13 proceeding, or investigation, or any other legal or financial
14 condition, that would in any way prohibit, restrain, or
15 diminish the respondent's ability to satisfy its contract
16 obligations.
17 (4) Each respondent must warrant that its contractor's
18 license, either state certification or local registration,
19 pursuant to ch. 489, F.S., has not been suspended or revoked.
20 (5) To the best of the knowledge of the person signing
21 the response, the respondent, its affiliates, subsidiaries,
22 directors, officers, and employees are not under investigation
23 by any governmental authority and have not in the last 10 year
24 been convicted or found liable for any act prohibited by law
25 in any jurisdiction, involving conspiracy, embezzlement, or
26 collusion with respect to bidding on any public contract.
27 (6) The respondent must warrant that it currently has
28 no delinquent obligations to the state or any local government
29 as defined in s. 218.369, F.S., including any claim for
30 liquidated damages under any other contract.
31 (7) Each respondent must warrant that neither it nor
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 544
Barcode 881350
1 any affiliate is currently on the convicted vendor list
2 maintained pursuant to s. 287.133, F.S., or on any equivalent
3 or similar list maintained by any other local government as
4 defined in s. 218.369, F.S., or by the state or federal
5 government.
6 (8) Each respondent bidding as the primary contractor
7 for the facility must have a performance bond or surety bond
8 from a company that has a valid Florida certificate of
9 authority and is either U.S. Treasury listed or is rated by
10 A.M. Best or a similar bond-rating company.
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12 All information provided by, and representations made by, the
13 respondent are material and important, and will be relied upon
14 by the local government in awarding the contract. Any
15 misstatement shall be treated as fraudulent concealment of the
16 true facts relating to the bid submission. If fraudulent
17 concealment is committed, the local government shall deny the
18 application or, if the bid has been awarded, such action shall
19 invalidate the contract.
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21 (Redesignate subsequent sections.)
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 On page 12, line 29, after the word "funds;"
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28 insert:
29 requiring surety or performance bonds for
30 specified project;
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