SB 367 - Currently, construction managers are not permitted to bid on or perform any of the actual construction on a public works project in which the person is acting as construction manager. This act changes that to permit construction managers to bid or perform construction on public works projects in which the person is acting as construction manager if the person submits a sealed bid in the same manner as a trade contractor. Current law states that any construction firm which controls, is controlled by, or shares common ownership or control with a construction manager of a public works project shall not be allowed to bid or perform work on such project. This act removes that provision.
All successful bidders that contract directly with a public owner for a public works project shall provide payment and performance bonds to the public owner.
Currently, no construction management services contract may be awarded by a public owner on a negotiated basis if the construction manager, or a firm that controls, is controlled by, or shares common ownership or control with the construction manager does any of the following:
· guarantees, warrants, or otherwise assumes financial responsibility for the work of others on the project;
· provides the public owner with a guaranteed maximum price for the work of others on the project; or
· furnishes or guarantees a performance or payment bond for other contractors on the project.
This act changes that so that construction management services may be awarded by a public owner on a negotiated basis, regardless of whether any of the above situations occurs.
This act is identical to provisions in SB 359 (2015), SB 388 (2015) and HCS/HB 844 (2015).
SCOTT SVAGERA