The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

6330 - ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURAL, LAND SURVEYING, CONSTRUCTION MANAGEMENT, PROGRAM MANAGEMENT AND INSPECTION SERVICES

The Superintendent shall recommend professional architectural and engineering consultants to the School Board for commissioning in accordance with State law (F.S. 287.055) and the most current version of the District's procedures for selection of:

 A.architects and engineers

 B.building code consultant – continuing contract

 C.architectural/engineering projects consultant (A/EPC) and special projects consultant (SPC) – continuing contract

 D.land surveying – continuing contract

 E.construction management (CM), CM at-risk and program management (PM) services

 F.other design and construction-related continuing contract services, including but not limited to, construction cost estimating, construction scheduling, job order contracts (JOC) consultant, geotechnical/construction material testing and environmental services, building commissioning agent (Cxa) and HVAC test and balance

The Board shall, in open meeting, commission all project architects and engineers of record, BCCs, A/EPCs, SPCs, CMs, PMs, and other professional services, except for individual projects estimated to cost under the statutory limit, and for study activities for which the fee does not exceed the statutory limit, or for work of a specified nature as outlined in the agreement required by the Board. These size projects and studies may be assigned under Board-commissioned agreements and are defined by F.S. 287.055 as "continuing contracts" with the contract being for a fixed term or with no time limitation except that the contract must provide a termination clause. Firms providing professional services under continuing contracts shall not be required to bid against one another. In these instances, assignment shall be as described below.

Professional Services

 A.Design and Construction - Related Services Administration

  1."Professional services" as defined in F.S. 287.055 means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the State, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his/her professional employment or practice.

  2.In accordance with F.S. 1013.45 (except as otherwise stated in F.S. 481.229), the services of a registered architect must be used for the development of plans for the erection, enlargement, or alteration of any educational facility.

  3.The Chief Facilities Officer, or his/her successor, or designee, will analyze the project(s) requirements and make the determination regarding which design and construction delivery method to employ.

  4.The Chief Facilities Officer, his/her successor, or designee, will also review the project workload and, as necessary, authorize advertisement, evaluation, selection, and recommend the commissioning of additional professional consulting firms pursuant to the Procedures for the Selection of Architects and Engineers, A/EPCs, SPCs or reassigning projects as necessary for expeditious completion of projects.

 B.Project Assignment and Procedures for A/EPC, SPC, CM At-Risk Miscellaneous, and Other Design and Construction-Related Professional Services Under Continuing Contracts:

  1.The assignment of individual projects shall initially be based upon the District's construction budget. Except in an emergency, prior to commencing the design work, the A/EPC (or SPC) shall develop a detailed cost estimate and, where applicable, completion schedule.

  2.For design and construction administration services, the A/EPC (or SPC) shall develop a final scope of work, a preliminary estimate of probable cost, schedule, and other documents in accordance with the A/E Agreement. Other consultants shall provide services as outlined in their respective agreements based on pre-negotiated fee schedules.

  3.Projects assigned by the Chief Facilities Officer, his/her successor, or designee, may be discontinued at the discretion of the Chief Facilities Officer.

 C.Building Code Inspection and Review Services
  Building code consultants (BCC) shall be selected in accordance with the procedures for selection of building code consultant. BCCs must have full architectural and engineering capabilities, however, joint ventures will be considered.
  The BCC will not be considered for any architectural/engineering or construction management projects or assignments, either solely or in partnership or joint venture with other individuals or firms, during the tenure as BCC.
  The BCC firm(s) commissioned by the Board shall report directly to the District building official. The building official, his/her successor, or designee, shall assign projects (or discontinued services) at his/her discretion.

Construction Delivery Method

The Chief Facilities Officer, his/her successor, or designee, shall determine which projects are to be constructed through the utilization of CM, CM at-risk, program management (PM) services, competitive (conventional) bid, design-build or other delivery method. The design-build selection process shall be in accordance with Policy 6331. The delivery method shall be identified at the time the A/E of record is commissioned by the Board.

 A.CM or PM
  CM services will include the coordination of contractors during the construction phase of project(s). CM at-risk services will include construction management and may include actual construction services. PM services will generally include, but not be limited to, coordination and/or management in providing or procuring planning, design and construction services. Individual projects with construction cost estimates that do not exceed the statutory limit may be assigned under a Board-commissioned CM at-risk miscellaneous continuing contract. F.S. 1013.46 and Section 4.1(8), State Requirements for Educational Facilities ([SREF]), requires school boards to prequalify contractors as eligible to bid on construction or capital improvement projects (refer to Policy 6334 for contractor prequalification procedures).

 B.Day Labor Contracts
  Pursuant to F.S. 1013.45, projects estimated to cost $280,000 or less for construction, renovation, remodeling, or maintenance of existing facilities may be approved and assigned to maintenance operations by the Chief Facilities Officer, his/her successor, or designee. Beginning January 2009, this amount shall be adjusted annually based upon changes in the Consumer Price Index. For the purposes of this section, "day labor contract" means a project constructed using persons employed directly by the Board or by contracted labor (such as term contracts).

 C.Maintenance is defined as per F.S. 1013.01(12).

Public-Private Partnerships and Unsolicited Proposals

In accordance with State law and Policy 6327, Public-Private Partnerships and Unsolicited Proposals, the Superintendent may submit proposed public-private partnership agreements for qualifying projects, including those resulting from unsolicited proposals, to the Board for consideration. The Superintendent and Board shall evaluate and consider all proposed public-private partnership agreements according to the guidelines in F.S. 255.065 and Policy 6327.

Drawings & Specifications for Competitive Bid Construction Delivery Method

Approval of Phase III construction documents is required from the Board, or the Board’s authorized review agent before contracts have been let for construction. Directions for obtaining approval are contained in the Florida statutes and in rules of the State Department of Education.

Contracts and Payment of Compensation

 A.The agreement between the professional firm and the Board or such other form of agreement as may be acceptable by the Board and the professional firm, approved by the attorney for the Board, shall be executed covering all construction projects. These contracts shall include statements outlining specific requirements and procedures which must be followed by the professional. The term of the agreement(s) for continuing contracts may be extended at the option of the Board. Procedures for establishing a contract shall be in accordance with the Consultant's Competitive Negotiation Act (CCNA) (F.S. 287.055).

 B.The payment of professional services fees shall be made in accordance with the agreement between the professional and the Board or such other agreements as may be arrived at by the Board and architect or engineer, as approved by the Attorney for the Board. Compensation to the professional shall be made in accordance with the CCNA.

F.S. 255.065
F.S. 255.103
F.S. 287.055
F.S. 481.229
F.S. 1001.41(1)(2)
F.S. 1001.42(22)
F.S. 1001.43(2)(d)
F.S. 1001.43(10)
F.S. 1013.01(12)
F.S. 1013.355
F.S. 1013.37
F.S. 1013.371
F.S. 1013.38
F.S. 1013.45
F.S. 1013.46

Revised 1/25/17

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