Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No. 1123

BY: Committee

     AMEND by deleting lines 135 through 143 and inserting in lieu thereof the following:

                    "2.  Allowances will be permitted for construction projects only when the agency or governing authority and the design professional agree that a scope of work cannot be defined at the time of the bid, and only if it can be determined that this method is in the best interest of the agency or governing authority.  The amount of the allowance shall be established and identified for the bidding process and the scope shall be defined at a later date.  Once the scope of work is defined, the contractor shall be required to solicit competitive bids, if available, and bids shall be received, opened and awarded in a manner consistent with state law.  However, contingency allowances for latent conditions or design errors shall not be permitted."

     AMEND FURTHER the title by deleting lines 2 through 9 and inserting in lieu thereof the following:

"PROVIDE THAT ALLOWANCES WILL BE PERMITTED FOR PUBLIC CONSTRUCTION PROJECTS ONLY WHEN THE STATE AGENCY OR GOVERNING AUTHORITY AND THE DESIGN PROFESSIONAL AGREE THAT A SCOPE OF WORK CANNOT BE DEFINED AT THE TIME OF THE BID, AND ONLY IF IT CAN BE DETERMINED THAT THIS METHOD IS IN THE BEST INTEREST OF THE AGENCY OR GOVERNING AUTHORITY; TO PROVIDE THAT THE AMOUNT OF THE ALLOWANCE SHALL BE ESTABLISHED AND IDENTIFIED FOR THE BIDDING PROCESS AND THE SCOPE SHALL BE DEFINED AT A LATER DATE; TO PROVIDE THAT ONCE THE SCOPE OF WORK IS DEFINED, THE CONTRACTOR SHALL BE REQUIRED TO SOLICIT COMPETITIVE BIDS, IF AVAILABLE, AND BIDS SHALL BE RECEIVED, OPENED AND AWARDED IN A MANNER CONSISTENT WITH STATE LAW; AND FOR RELATED PURPOSES."