Text: S05162 Text: S05164 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 may include, but are 1 12 not 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. 1 17 (b) Reviewing all plans and specifications for the 1 18 public works project as they are developed and making 1 19 recommendations concerning construction feasibility, 1 20 availability of material and labor, time requirements 1 21 for procurement and construction, and projected costs. 1 22 (c) Making, reviewing, and refining budget 1 23 estimates for the public works project based on the 1 24 public owner's plans and specifications and other 1 25 available information. 1 26 (d) Soliciting the interest of capable bidders and 1 27 assisting the public owner in receiving proposals for 1 28 the public works project. 1 29 (e) Analyzing the proposals received from 1 30 contractors and recommending contracts for the public 1 31 works project. 1 32 (f) Preparing and monitoring a progress schedule 1 33 during the design phase of the project. 1 34 (2) Services provided in the construction phase of 1 35 the public works project may include, but are not 1 36 limited to, the following: 1 37 (a) Maintaining competent supervisory staff to 1 38 coordinate and provide general direction of the work 1 39 and progress of the contractors on the public works 1 40 project. 1 41 (b) Establishing procedures for coordinating the 1 42 work of the public owner, architect, engineer, 1 43 contractors, and the construction manager on all 1 44 aspects of the public works project and implementing 1 45 such procedures. 1 46 (c) Maintaining job site records. 1 47 (d) Reviewing the safety programs of each 1 48 contractor on the public works project for conformity 1 49 with the public owner's safety policies and making 1 50 recommendations regarding such programs. 2 1 (e) Scheduling and conducting job meetings to 2 2 ensure orderly progress of work on the public works 2 3 project. 2 4 (f) Developing and monitoring a progress schedule 2 5 for the public works project, coordinating and 2 6 expediting the work of all contractors on the project, 2 7 and providing periodic status reports to the public 2 8 owner and the architect or engineer. 2 9 "Construction management services" does not include 2 10 architectural services provided within the practice of 2 11 architecture as defined in section 544A.16 or 2 12 engineering services provided within the practice of 2 13 engineering as defined in section 542B.2. 2 14 b. "Construction manager" means any person, firm, 2 15 or corporation that provides construction management 2 16 services to a public owner. For purposes of this 2 17 section, a construction manager shall not perform the 2 18 duties of the architect or engineer of record. 2 19 c. "Public owner" means a public body including 2 20 the state of Iowa, an officer, official, agency, 2 21 authority, board, or commission of the state or of a 2 22 political subdivision or an institution supported in 2 23 whole or in part by public funds. 2 24 d. "Public works" means a permanent building or 2 25 other construction work constructed for public use or 2 26 benefit and paid for in whole or in part with public 2 27 funds, including a public improvement as defined in 2 28 section 73A.1, 331.341, 384.37, or 384.95, and 2 29 including any work performed directly by a public 2 30 utility as defined in section 368.1 when performed by 2 31 a public utility pursuant to an order of a public 2 32 authority or commission whether or not the work is 2 33 performed under public supervision or direction or 2 34 paid for in whole or in part with public funds. 2 35 "Public works" does not include any work done by or on 2 36 behalf of a drainage or levee district. 2 37 e. "Public works project" or "project" means the 2 38 construction, maintenance, or repair of public works. 2 39 2. USE OF CONSTRUCTION MANAGER. A public owner 2 40 may engage a construction manager when planning, 2 41 designing, or constructing a public works, or when 2 42 improving, altering, or repairing a public works. A 2 43 public owner may engage a construction manager in the 2 44 preconstruction phase of a public works project or in 2 45 both the preconstruction and construction phases of 2 46 the project. 2 47 3. SOLICITATION OF CONSTRUCTION MANAGEMENT 2 48 SERVICES. When the estimated cost of construction 2 49 management services for a public works project exceeds 2 50 twenty-five thousand dollars, a public owner shall 3 1 solicit a proposed construction management services 3 2 contract by publishing an advertisement in a newspaper 3 3 published at least once weekly and having general 3 4 circulation in the city or county where the public 3 5 works project is located. The notice must be 3 6 published at least once, not less than twenty nor more 3 7 than forty-five days before the date set by the public 3 8 owner for submission of proposals. The notice shall 3 9 contain a statement that the public owner reserves the 3 10 right to reject any or all proposals and seek 3 11 additional proposals or may in its discretion not seek 3 12 additional proposals. The public owner may publish an 3 13 advertisement in an electronic format as an additional 3 14 method of soliciting proposals under this subsection. 3 15 4. SELECTION CRITERIA. In a request for proposals 3 16 for construction management services, a public owner 3 17 shall include a description of the scope of 3 18 construction management services desired and the 3 19 selection criteria to be used in evaluating proposals 3 20 for construction management services and shall require 3 21 a construction manager making a proposal to propose 3 22 significant efficiencies or improvements in the 3 23 quality of the public works project, as determined by 3 24 the public owner. 3 25 5. CONSTRUCTION MANAGEMENT SERVICES CONTRACT. A 3 26 construction management services contract for a public 3 27 works project shall provide that the construction 3 28 manager shall do all of the following: 3 29 a. Furnish skill and judgment in cooperation with, 3 30 and in reliance on, the services of the public works 3 31 project architect, engineer, and general contractor. 3 32 b. Furnish business administration services, 3 33 management of the construction process, and other 3 34 specified services in an economical and expeditious 3 35 manner consistent with the interests of the public 3 36 owner. 3 37 c. Refrain from bidding on or perform actual 3 38 construction or general conditions work on a public 3 39 works project on which the construction manager is 3 40 performing construction management services. 3 41 d. Obtain professional liability insurance at the 3 42 public owner's request. A construction manager shall 3 43 also be required to obtain a performance bond as 3 44 required pursuant to chapter 573 for services 3 45 performed. A professional engineer licensed pursuant 3 46 to chapter 542B, or a registered architect licensed 3 47 pursuant to chapter 544A, who performs construction 3 48 management services, is not required to obtain a 3 49 performance bond as required pursuant to chapter 573 3 50 for services performed. 4 1 e. Recommend contracts or change orders to a 4 2 public owner but a construction manager shall not 4 3 authorize contracts or change orders. 4 4 A contract for construction management services 4 5 shall be a public document and shall be available to 4 6 the public for the reasonable cost of reproduction of 4 7 the contract. 4 8 6. CONFLICTS PROHIBITED. A construction 4 9 management services contract for a public works 4 10 project shall not be awarded by a public owner to a 4 11 construction manager that controls, is controlled by, 4 12 or shares common ownership or control with another 4 13 contractor, subcontractor, or supplier on the public 4 14 works project; that assumes financial responsibility 4 15 for the work of others on the project; that guarantees 4 16 a maximum price for the work of others on the project; 4 17 or that furnishes or guarantees a performance or 4 18 payment bond for another contractor on the project. 4 19 7. APPLICABILITY. This section does not apply to 4 20 the planning, design, construction, maintenance, 4 21 repair, or other work done for or on behalf of a 4 22 public owner by employees of a public owner. 4 23 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, 4 24 subsection 3, shall not apply to this Act. 4 25 Sec. 3. APPLICABILITY. This Act does not apply to 4 26 construction management contracts entered into prior 4 27 to the effective date of this Act. 4 28 Sec. 4. PUBLIC WORKS PROJECTS INTERIM STUDY. The 4 29 legislative council is requested to authorize an 4 30 interim study committee to study the professional 4 31 relationships between public owners, contractors, 4 32 construction managers, architects, engineers, and 4 33 landscape architects and to review issues concerning 4 34 bid comparisons on multiple contracts, the merits of 4 35 limiting the number of contracts, the professional 4 36 responsibilities of a public owner, contractor, 4 37 construction manager, architect, engineer, and 4 38 landscape architect on a public works project, and any 4 39 other issue raised by the members of the interim study 4 40 committee. The interim study shall include making 4 41 recommendations for a clear chain of command on public 4 42 works projects and proposing guidelines for the 4 43 interrelationship of public owners, contractors, 4 44 construction managers, architects, engineers, and 4 45 landscape architects on public works projects. The 4 46 study committee shall be composed of representatives 4 47 of organizations including but not limited to 4 48 associated builders and contractors of Iowa, master 4 49 builders of Iowa, and organizations representing 4 50 construction managers, Iowa general contractors for 5 1 competitive bidding, architects, engineers, rural 5 2 water, and landscape architects. Appointments to the 5 3 committee shall be made no later than August 1, 2002. 5 4 Staffing for the committee shall be provided by the 5 5 legislative service bureau. The study committee shall 5 6 submit a report of its findings and recommendations, 5 7 including proposed legislation, if any, to the general 5 8 assembly on or before January 13, 2003." 5 9 5 10 5 11 5 12 STEVE KING 5 13 5 14 5 15 5 16 TOM FLYNN 5 17 5 18 5 19 5 20 JOHN W. JENSEN 5 21 SF 2292.504 79 5 22 av/pj
Text: S05162 Text: S05164 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Mar 15 03:25:54 CST 2002
URL: /DOCS/GA/79GA/Legislation/S/05100/S05163/020314.html
jhf