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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