Text: S05162                            Text: S05164
Text: S05100 - S05199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5163

Amendment Text

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

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