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House Amendment 8629

Amendment Text

PAG LIN
  1  1    Amend Senate File 2324 as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  By striking page 1, line 3, through page 5,
  1  4 line 24, and inserting the following:
  1  5    "The state or an agency of the state may contract
  1  6 for construction management services for public
  1  7 improvement projects.  Bids shall be received for
  1  8 proposals for construction management services after
  1  9 issuance of a request for proposals in the manner
  1 10 provided for by competitive bidding rules adopted by
  1 11 the appropriate state agency pursuant to chapter 17A.
  1 12 The rules shall provide for the definition of
  1 13 necessary terms in a request for proposals and any
  1 14 resulting contract for construction management
  1 15 services, including a definition of "construction
  1 16 manager" and "construction management services" and
  1 17 definitions of such other terms and provisions as
  1 18 deemed necessary.  A request for proposals shall
  1 19 include provisions that the state or an agency of the
  1 20 state reserves the right to reject any or all
  1 21 proposals or to issue a new request for proposals,
  1 22 that the construction manager shall obtain
  1 23 professional liability insurance, and that the
  1 24 construction manager shall be paid a fixed fee.  A
  1 25 request for proposals shall also define and prohibit
  1 26 conflicts of interest between the construction manager
  1 27 and any contractor that performs any service for the
  1 28 public improvement project or any person that assumes
  1 29 financial responsibility for the work of others on the
  1 30 public improvement project.
  1 31    Sec. 2.  Section 73A.2, Code 2001, is amended by
  1 32 adding the following new unnumbered paragraph:
  1 33    NEW UNNUMBERED PARAGRAPH.  Before any municipality
  1 34 enters into a contract for construction management
  1 35 services to cost twenty-five thousand dollars or more,
  1 36 the municipality shall comply with the requirements of
  1 37 this section and this chapter relating to public
  1 38 improvements costing twenty-five thousand dollars or
  1 39 more.  The provisions of this chapter relating to
  1 40 public improvements, shall, when applicable, apply to
  1 41 a contract for construction management services when
  1 42 the estimated cost of the construction management
  1 43 services is twenty-five thousand dollars or more.  The
  1 44 request for proposals for construction management
  1 45 services and any resulting contract shall include
  1 46 descriptions and definitions relating to the
  1 47 construction management services requested and
  1 48 provisions providing that a municipality reserves the
  1 49 right to reject any or all proposals or to issue a new
  1 50 request for proposals, that the construction manager
  2  1 shall obtain professional liability insurance, and
  2  2 that the construction manager shall be paid a fixed
  2  3 fee.  The request for proposals for construction
  2  4 management services shall also define and prohibit
  2  5 conflicts of interest between the construction manager
  2  6 and any contractor that performs any service for the
  2  7 public improvement project or any person that assumes
  2  8 financial responsibility for the work of others
  2  9 performing services on the public improvement project.
  2 10    Sec. 3.  NEW SECTION.  384.104  CONSTRUCTION
  2 11 MANAGEMENT SERVICES.
  2 12    If a governing body as defined in section 384.95,
  2 13 subsection 2, makes a determination to engage a
  2 14 construction manager for any public improvement and
  2 15 the total cost for the construction management
  2 16 services will cost twenty-five thousand dollars or
  2 17 more, the governing body may follow the same
  2 18 procedures set forth in sections 384.95 through
  2 19 384.103 for contracts involving public improvements.
  2 20 A request for proposals for construction management
  2 21 services under this section shall include a definition
  2 22 of "construction manager" and "construction management
  2 23 services" and definitions of such other terms as
  2 24 deemed necessary by the governing body.  The request
  2 25 for proposals for construction management services
  2 26 shall include provisions that the governing body
  2 27 reserves the right to reject any or all proposals or
  2 28 to issue a new request for proposals, that the
  2 29 construction manager shall obtain professional
  2 30 liability insurance, and that the construction manager
  2 31 shall be paid a fixed fee.  The request for proposals
  2 32 for construction management services shall also define
  2 33 and prohibit conflicts of interest between the
  2 34 construction manager and any contractor that performs
  2 35 any service for the public improvement project or any
  2 36 person that assumes financial responsibility for the
  2 37 work of others performing services on the public
  2 38 improvement project.
  2 39    Sec. 4.   STUDY COMMITTEE.  The legislative council
  2 40 is requested to request representatives of
  2 41 organizations, including but not limited to state and
  2 42 local government entities, public agencies or agents
  2 43 of public agencies, the associated builders and
  2 44 contractors of Iowa, and the master builders of Iowa,
  2 45 and organizations representing construction managers,
  2 46 general contractors, architects, and engineers, and
  2 47 representatives of other public or private agencies
  2 48 having an interest in the provision of construction
  2 49 management services and bidding procedures, to
  2 50 organize for the purpose of studying proposed and
  3  1 current laws relating to bidding, contracts,
  3  2 construction responsibilities, and contract management
  3  3 proposals and principles.  The legislative council may
  3  4 request the private study committee to provide
  3  5 periodic reports to the legislative council regarding
  3  6 the progress of the study committee and the
  3  7 legislative council may communicate with the study
  3  8 committee regarding the progress of the study.  The
  3  9 legislative council may appoint a committee composed
  3 10 of legislators to review the work of the study
  3 11 committee or may refer the report of the study
  3 12 committee to the standing committee on commerce of the
  3 13 senate and the standing committee on commerce and
  3 14 regulation of the house of representatives by January
  3 15 1, 2003."
  3 16    #2.  Title page, line 2, by striking the word
  3 17 "works" and inserting the following:  "improvement".
  3 18    #3.  By renumbering as necessary.  
  3 19 
  3 20 
  3 21                               
  3 22 HATCH of Polk
  3 23 SF 2324.312 79
  3 24 av/cf
     

Text: H08628                            Text: H08630
Text: H08600 - H08699                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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