Senate File 183 H-1380 Amend Senate File 183, as passed by the Senate, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. INTERIM STUDY COMMITTEE —— ALTERNATIVE PROJECT 4 DELIVERY CONTRACTS. 5 1. As used in this section, unless the context requires 6 otherwise: 7 a. “Alternative project delivery contract” means either a 8 design-build contract or a guaranteed maximum price contract. 9 b. “Construction manager-at-risk” means a sole 10 proprietorship, partnership, corporation, or other legal entity 11 that assumes the risk for the construction, rehabilitation, 12 alteration, or repair of a project and provides consultant 13 services to a governmental entity in the development and design 14 phases, working collaboratively with the design professionals 15 involved. 16 c. “Design-build contract” means a single contract providing 17 for both design services and construction services that may 18 include maintenance, operations, preconstruction, and other 19 related services. 20 d. “Elected official” means an individual elected to, or 21 appointed to fill, a state or local elective office. 22 e. “Governmental entity” means and includes the 23 state, political subdivisions of the state, public school 24 corporations, and all officers, boards, or commissions 25 empowered by law to enter into contracts for the construction 26 of public improvements. 27 f. “Guaranteed maximum price contract” means the agreed-to 28 fixed or guaranteed maximum price pursuant to a contract 29 entered into by the construction manager-at-risk and the 30 governmental entity. 31 g. “Public improvement” means a building or construction 32 work that is constructed under the control of a governmental 33 entity and for which either of the following applies: 34 (1) Has been paid for in whole or in part with funds of the 35 -1- SF 183.1687 (3) 89 jda/rn 1/ 3 #1.
governmental entity. 1 (2) A commitment has been made prior to construction by the 2 governmental entity to pay for the building or construction 3 work in whole or in part with funds of the governmental entity. 4 2. The legislative council is requested to establish an 5 interim study committee during the 2021 legislative interim to 6 evaluate and discuss issues relating to the use of alternative 7 project delivery contracts by governmental entities. 8 3. The committee shall consist of the following members: 9 a. Three members of the senate appointed by the majority 10 leader of the senate, and two members of the senate appointed 11 by the minority leader of the senate. 12 b. Three members of the house of representatives appointed 13 by the speaker of the house of representatives, and two members 14 of the house of representatives appointed by the minority 15 leader of the house of representatives. 16 c. Two members who are representatives of an industry that 17 may be affected by the potential use of alternative project 18 delivery contracts by governmental entities. 19 d. Two members who are elected officials. 20 4. The committee shall review the issues related to and 21 make recommendations regarding whether and to what extent 22 governmental entities should utilize alternative project 23 delivery contracts for public improvements. The committee 24 shall consider testimony from interested stakeholders and the 25 effects alternative project delivery contracts for public 26 improvements have had on other states. 27 5. The committee shall submit a report containing its 28 findings and recommendations to the members of the general 29 assembly by December 31, 2021. > 30 2. Title page, by striking lines 1 through 5 and inserting 31 < An Act requesting the establishment of an alternative project 32 delivery contracts study committee. > 33 -2- SF 183.1687 (3) 89 jda/rn 2/ 3
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