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HF 1555

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 11:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to local government; clarifying construction manager at risk contract
procedures for municipalities; amending Minnesota Statutes 2022, section 471.345,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 471.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 471.345, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Contracts over $175,000; construction manager at risk alternative. new text end

new text begin As an
alternative to the procurement methods described in subdivisions 3 and 3a, municipalities
may award a contract for construction, alteration, repair, or maintenance work to a
construction manager at risk as provided in section 471.463.
new text end

Sec. 2.

new text begin [471.463] CONSTRUCTION MANAGER AT RISK.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the definitions in this
subdivision have the meanings given them unless the context indicates otherwise.
new text end

new text begin (b) "Construction manager at risk" means a person who is selected by a municipality to
act as a construction manager to manage the construction process, including but not limited
to responsibility for the price, schedule, and workmanship of the construction performed
according to the procedures in this section.
new text end

new text begin (c) "Construction manager at risk contract" means a contract for construction of a project
between a construction manager at risk and a municipality, which shall include a guaranteed
maximum price, construction schedule, and workmanship of the construction performed.
new text end

new text begin Subd. 2. new text end

new text begin Solicitation of qualifications. new text end

new text begin (a) A municipality may accept written requests
for proposals for a construction manager at risk for its project. The written request for
proposals must include:
new text end

new text begin (1) a description of the project;
new text end

new text begin (2) the estimated cost of completing the project;
new text end

new text begin (3) a description of any special requirements or unique features of the proposed project;
and
new text end

new text begin (4) other information which will assist the municipality in carrying out its duties and
responsibilities set forth in this section.
new text end

new text begin (b) A municipality may include in the request for qualifications criteria a requirement
that the proposer include the overhead and fee that the construction manager at risk proposes
to charge for its services.
new text end

new text begin (c) A municipality shall prepare a request for qualifications for each construction manager
at risk contract as provided in this section. The request for qualifications shall contain, at a
minimum, the information described in section 16C.34, subdivision 1, paragraph (c), clauses
(2) to (7) and (9), and any other information the municipality determines is material.
new text end

new text begin (d) Notice of requests for qualifications must be advertised in a manner designated by
the municipality.
new text end

new text begin Subd. 3. new text end

new text begin Construction manager at risk contract. new text end

new text begin A municipality shall comply with
the same procedures as the commissioner of administration under section 16C.34, subdivision
3, in construction manager at risk contracts.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to municipal construction manager at risk contracts solicited on or after that date.
new text end