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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
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