as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 11:00am
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:
Minnesota Statutes 2022, section 471.345, is amended by adding a subdivision
to read:
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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.
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(a) For purposes of this section, the definitions in this
subdivision have the meanings given them unless the context indicates otherwise.
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(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.
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(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.
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(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:
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(1) a description of the project;
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(2) the estimated cost of completing the project;
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(3) a description of any special requirements or unique features of the proposed project;
and
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(4) other information which will assist the municipality in carrying out its duties and
responsibilities set forth in this section.
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(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.
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(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.
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(d) Notice of requests for qualifications must be advertised in a manner designated by
the municipality.
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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.
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This section is effective the day following final enactment and
applies to municipal construction manager at risk contracts solicited on or after that date.
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