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H0391........................................................by MR. SPEAKER
Requested by: Public Works Contractors State License Board
CONSTRUCTION MANAGERS - Amends existing law to provide that a construction
manager on a public works contract may bid on and perform work normally
done by his own forces if certain conditions exist.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Bus
H0391|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 391 BY MR. SPEAKER Requested by: Public Works Contractors State License Board 1 AN ACT 2 RELATING TO THE PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT; AMENDING 3 SECTION 54-4511, IDAHO CODE, TO PROVIDE THAT IN CERTAIN CIRCUMSTANCES THE 4 CONSTRUCTION MANAGER MAY BID ON AND PERFORM WORK NORMALLY PERFORMED BY HIS 5 OWN FORCES; AND PROVIDING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 54-4511, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 54-4511. BIDDING OF CONTRACTS -- DUAL CAPACITY. (1) In soliciting bids or 10 awarding contracts for public works construction, a licensed construction man- 11 ager shall comply with all notice and bidding laws with which an owner would 12 be required to comply if it were to do the same activities without the assis- 13 tance of a construction manager. 14 (2) A licensed construction manager and the firm of which he is a princi- 15 pal or employee shall not provide construction management services for a con- 16 struction project on which the licensed construction manager or his firm also 17 provides design services or other construction related services, whether as a 18 contractor or subcontractor. Provided however, that this section shall not 19 preclude a licensed architect or registered professional engineer from provid- 20 ing public works construction management services which are normally provided 21 by licensed architects or registered professional engineers for a project on 22 which the person or firm has provided design services. Such public works con- 23 struction management services provided by a licensed architect or registered 24 professional engineer shall not include the procurement of equipment or con- 25 struction work required by law to be competitively bid for public works con- 26 struction. Notwithstanding the foregoing, the construction manager may bid on 27 and perform work normally performed by the construction manager's own forces 28 upon a finding by the awarding public entity that one (1) or more of the fol- 29 lowing conditions exist: 30 (a) The construction manager's bid for an aspect of the work is at least 31 three percent (3%) lower than the next qualified bidder; or 32 (b) After complying with all appropriate laws and rules regarding adver- 33 tising for bids, the construction manager is found to be the only quali- 34 fied bidder for a portion of the work which is bid; or 35 (c) The contractor's contract has been terminated for default and the 36 contractor's surety has defaulted under its obligation. In the event that 37 the aforesaid finding is made, then that aspect of the work to be per- 38 formed by the construction manager must be performed under a separate con- 39 tract with the public entity. 40 (3) No public entity shall enter into a contract with any person or firm 41 for construction management services if such person or firm is required to be 42 licensed under this chapter unless: 43 (a) Such person holds a valid license or such firm holds a valid certifi- 2 1 cate issued pursuant to this chapter; and 2 (b) The selection of such construction manager is made pursuant to sec- 3 tion 67-2320, Idaho Code. 4 SECTION 2. This act shall be in full force and effect on and after July 5 1, 2000.
STATEMENT OF PURPOSE
RS09344
Relating to the Public Works Construction Management Licensing
Act; amending Section 54-4511, Idaho Code, to provide that the
construction manager may bid on and perform work normally
performed by the his own forces if certain conditions exist.
FISCAL IMPACT
There is no fiscal impact.
CONTACT
Name: Nancy Michael
Agency: Public Works Contractors License Board
Phone: 327-7326
State of Purpose/Fiscal Impact H0391