Text: S05117 Text: S05119 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2292 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 "Section 1. NEW SECTION. 72.6 CONSTRUCTION
1 5 MANAGEMENT SERVICES.
1 6 1. DEFINITIONS. As used in this section, unless
1 7 the context otherwise provides:
1 8 a. "Construction management services" means all of
1 9 the following:
1 10 (1) Services provided in the planning and design
1 11 phases of a public works project including, but not
1 12 limited to, the following:
1 13 (a) Consulting with, advising, assisting, and
1 14 making recommendations to a public owner or architect,
1 15 engineer, or registered landscape architect employed
1 16 by the public owner on any aspect of planning for a
1 17 public works project.
1 18 (b) Reviewing all plans and specifications for the
1 19 public works project as they are developed and making
1 20 recommendations concerning construction feasibility,
1 21 availability of material and labor, time requirements
1 22 for procurement and construction, and projected costs.
1 23 (c) Making, reviewing, and refining budget
1 24 estimates for the public works project based on the
1 25 public owner's plans and specifications and other
1 26 available information.
1 27 (d) Making recommendations to the public owner or
1 28 the architect or engineer on the public works project
1 29 regarding the division of work in the plans and
1 30 specifications to facilitate bidding on and the award
1 31 of contracts.
1 32 (e) Soliciting the interest of capable bidders and
1 33 assisting the public owner in taking bids on the
1 34 public works project.
1 35 (f) Analyzing the bids received from contractors
1 36 and awarding contracts for the public works project.
1 37 (g) Preparing and monitoring a progress schedule
1 38 during the design phase of the project.
1 39 (h) Preparing a proposed construction schedule for
1 40 the public works project.
1 41 (2) Services provided in the construction phase of
1 42 the public works project including, but not limited
1 43 to, the following:
1 44 (a) Maintaining competent supervisory staff to
1 45 coordinate and provide general direction of the work
1 46 and progress of the contractors on the public works
1 47 project.
1 48 (b) Observing work on the public works project as
1 49 it is performed for general conformity with working
1 50 drawings and specifications.
2 1 (c) Establishing procedures for coordinating the
2 2 work of the public owner, architect, engineer,
2 3 contractors, and the construction manager on all
2 4 aspects of the public works project and implementing
2 5 such procedures.
2 6 (d) Maintaining job site records and making
2 7 appropriate progress reports.
2 8 (e) Reviewing the safety programs of each
2 9 contractor on the public works project for conformity
2 10 with the public owner's safety policies and making
2 11 recommendations regarding such programs.
2 12 (f) Reviewing and processing all applications for
2 13 payment by contractors and material suppliers on the
2 14 public works project in accordance with the terms of
2 15 the contract.
2 16 (g) Making recommendations for and processing
2 17 requests for changes in work on the public works
2 18 project and maintaining records of change orders.
2 19 (h) Scheduling and conducting job meetings to
2 20 ensure orderly progress of work on the public works
2 21 project.
2 22 (i) Developing and monitoring a progress schedule
2 23 for the public works project, coordinating and
2 24 expediting the work of all contractors on the project,
2 25 and providing periodic status reports to the public
2 26 owner and the architect or engineer.
2 27 (j) Establishing and maintaining a cost control
2 28 system for the public works project and conducting
2 29 meetings to review costs.
2 30 "Construction management services" does not include
2 31 architectural services provided within the practice of
2 32 architecture as defined in section 544A.16 or
2 33 engineering services provided within the practice of
2 34 engineering as defined in section 542B.2.
2 35 b. "Construction manager" means any person, firm,
2 36 or corporation that provides construction management
2 37 services to a public owner. For purposes of this
2 38 section, a construction manager is not a "contractor"
2 39 as defined in section 91C.1.
2 40 c. "General conditions work" means work that is
2 41 not permanently incorporated into a public works
2 42 project.
2 43 d. "Public owner" means a public body including
2 44 the state of Iowa, an officer, official, agency,
2 45 authority, board, or commission of the state or of a
2 46 political subdivision or an institution supported in
2 47 whole or in part by public funds.
2 48 e. "Public works" means a permanent building or
2 49 other construction work constructed for public use or
2 50 benefit and paid for in whole or in part with public
3 1 funds, including a public improvement as defined in
3 2 section 73A.1, 331.341, 384.37, or 384.95, and
3 3 including any work performed directly by a public
3 4 utility as defined in section 368.1 when performed by
3 5 a public utility pursuant to an order of a public
3 6 authority or commission whether or not the work is
3 7 performed under public supervision or direction or
3 8 paid for in whole or in part with public funds.
3 9 "Public works" does not include any work done by or on
3 10 behalf of a drainage or levee district.
3 11 f. "Public works project" or "project" means the
3 12 construction, maintenance, or repair of public works.
3 13 2. USE OF CONSTRUCTION MANAGER. A public owner
3 14 may engage a construction manager when planning,
3 15 designing, or constructing a public works, or when
3 16 improving, altering, or repairing a public works. A
3 17 public owner may engage a construction manager in the
3 18 preconstruction phase of a public works project or in
3 19 both the preconstruction and construction phases of
3 20 the project.
3 21 3. SOLICITATION OF CONSTRUCTION MANAGEMENT
3 22 SERVICES. When the estimated cost of construction
3 23 management services for a public works project exceeds
3 24 twenty-five thousand dollars, a public owner shall
3 25 solicit a proposed construction management services
3 26 contract by publishing an advertisement in a newspaper
3 27 published at least once weekly and having general
3 28 circulation in the city or county where the public
3 29 works project is located. The notice must be
3 30 published at least once, not less than twenty nor more
3 31 than forty-five days before the date set by the public
3 32 owner for submission of proposals. The public owner
3 33 may publish an advertisement in an electronic format
3 34 as an additional method of soliciting proposals under
3 35 this subsection.
3 36 4. CONSTRUCTION MANAGEMENT CONTRACT. A
3 37 construction manager shall not bid on or perform
3 38 actual construction on a public works project for
3 39 which the construction manager is performing
3 40 construction management services.
3 41 5. CONFLICTS PROHIBITED. A construction
3 42 management services contract for a public works
3 43 project shall not be awarded by a public owner to a
3 44 construction manager that controls, is controlled by,
3 45 or shares common ownership or control with another
3 46 contractor on the public works project; that assumes
3 47 financial responsibility for the work of others on the
3 48 project; that guarantees a maximum price for the work
3 49 of others on the project; or that furnishes or
3 50 guarantees a performance or payment bond for another
4 1 contractor on the project.
4 2 A public owner shall not accept a bid from or award
4 3 a contract on a public works project to a contractor
4 4 that controls, is controlled by, or shares common
4 5 ownership with or control of the construction manager
4 6 on the public works project.
4 7 6. APPLICABILITY. This section does not apply to
4 8 the planning, design, construction, maintenance,
4 9 repair, or other work done for or on behalf of a
4 10 public owner by employees of a public owner.
4 11 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2,
4 12 subsection 3, shall not apply to this Act."
4 13
4 14
4 15
4 16 JOHN W. JENSEN
4 17
4 18
4 19
4 20 MICHAEL E. GRONSTAL
4 21 SF 2292.202 79
4 22 av/sh
Text: S05117 Text: S05119 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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