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Senate File 2292

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  72.6  CONSTRUCTION MANAGEMENT
  1  2 SERVICES.
  1  3    1.  DEFINITIONS.  As used in this section, unless the
  1  4 context otherwise provides:
  1  5    a.  "Construction management services" means all of the
  1  6 following:
  1  7    (1)  Services provided in the planning and design phases of
  1  8 a public works project including, but not limited to, the
  1  9 following:
  1 10    (a)  Consulting with, advising, assisting, and making
  1 11 recommendations to a public owner or architect, engineer, or
  1 12 registered landscape architect employed by the public owner on
  1 13 any aspect of planning for a public works project.
  1 14    (b)  Reviewing all plans and specifications for the public
  1 15 works project as they are developed and making recommendations
  1 16 concerning construction feasibility, availability of material
  1 17 and labor, time requirements for procurement and construction,
  1 18 and projected costs.
  1 19    (c)  Making, reviewing, and refining budget estimates for
  1 20 the public works project based on the public owner's plans and
  1 21 specifications and other available information.
  1 22    (d)  Making recommendations to the public owner or the
  1 23 architect or engineer on the public works project regarding
  1 24 the division of work in the plans and specifications to
  1 25 facilitate bidding on and the award of contracts.
  1 26    (e)  Soliciting the interest of capable bidders and
  1 27 assisting the public owner in taking bids on the public works
  1 28 project.
  1 29    (f)  Analyzing the bids received from contractors and
  1 30 awarding contracts for the public works project.
  1 31    (g)  Preparing and monitoring a progress schedule during
  1 32 the design phase of the project.
  1 33    (h)  Preparing a proposed construction schedule for the
  1 34 public works project.
  1 35    (2)  Services provided in the construction phase of the
  2  1 public works project including, but not limited to, the
  2  2 following:
  2  3    (a)  Maintaining competent supervisory staff to coordinate
  2  4 and provide general direction of the work and progress of the
  2  5 contractors on the public works project.
  2  6    (b)  Observing work on the public works project as it is
  2  7 performed for general conformity with working drawings and
  2  8 specifications.
  2  9    (c)  Establishing procedures for coordinating the work of
  2 10 the public owner, architect, engineer, contractors, and the
  2 11 construction manager on all aspects of the public works
  2 12 project and implementing such procedures.
  2 13    (d)  Maintaining job site records and making appropriate
  2 14 progress reports.
  2 15    (e)  Reviewing the safety programs of each contractor on
  2 16 the public works project for conformity with the public
  2 17 owner's safety policies and making recommendations regarding
  2 18 such programs.
  2 19    (f)  Reviewing and processing all applications for payment
  2 20 by contractors and material suppliers on the public works
  2 21 project in accordance with the terms of the contract.
  2 22    (g)  Making recommendations for and processing requests for
  2 23 changes in work on the public works project and maintaining
  2 24 records of change orders.
  2 25    (h)  Scheduling and conducting job meetings to ensure
  2 26 orderly progress of work on the public works project.
  2 27    (i)  Developing and monitoring a progress schedule for the
  2 28 public works project, coordinating and expediting the work of
  2 29 all contractors on the project, and providing periodic status
  2 30 reports to the public owner and the architect or engineer.
  2 31    (j)  Establishing and maintaining a cost control system for
  2 32 the public works project and conducting meetings to review
  2 33 costs.
  2 34    b.  "Construction manager" means any person, firm, or
  2 35 corporation that provides construction management services to
  3  1 a public owner.  For purposes of this section, a construction
  3  2 manager is not a "contractor" as defined in section 91C.1.
  3  3    c.  "General conditions work" means work that is not
  3  4 permanently incorporated into a public works project.
  3  5    d.  "Public owner" means a public body including the state
  3  6 of Iowa, an officer, official, agency, authority, board, or
  3  7 commission of the state or of a political subdivision or an
  3  8 institution supported in whole or in part by public funds.
  3  9    e.  "Public works" means a permanent building or other
  3 10 construction work constructed for public use or benefit and
  3 11 paid for in whole or in part with public funds, including a
  3 12 public improvement as defined in section 73A.1, 331.341,
  3 13 384.37, or 384.95, and including any work performed directly
  3 14 by a public utility as defined in section 368.1 when performed
  3 15 by a public utility pursuant to an order of a public authority
  3 16 or commission whether or not the work is performed under
  3 17 public supervision or direction or paid for in whole or in
  3 18 part with public funds.  "Public works" does not include any
  3 19 work done by or on behalf of a drainage or levee district.
  3 20    f.  "Public works project" or "project" means the
  3 21 construction, maintenance, or repair of public works.
  3 22    2.  USE OF CONSTRUCTION MANAGER.  A public owner may engage
  3 23 a construction manager when planning, designing, or
  3 24 constructing a public works, or when improving, altering, or
  3 25 repairing a public works.  A public owner may engage a
  3 26 construction manager in the preconstruction phase of a public
  3 27 works project or in both the preconstruction and construction
  3 28 phases of the project.
  3 29    3.  SOLICITATION OF BIDS.  When the estimated cost of
  3 30 construction management services for a public works project
  3 31 exceeds twenty-five thousand dollars, a public owner shall
  3 32 solicit bids on the proposed construction management services
  3 33 contract by publishing an advertisement in a print format.
  3 34 The advertisement shall appear in two publications in a
  3 35 newspaper with circulation throughout the state.  The first
  4  1 advertisement for bids appearing in a newspaper shall be not
  4  2 less than fifteen days prior to the date set for receiving
  4  3 bids.  The public owner may publish an advertisement in an
  4  4 electronic format as an additional method of soliciting bids
  4  5 under this subsection.
  4  6    4.  EVALUATION AND SELECTION OF BIDDERS.
  4  7    a.  SELECTION PROCESS.  A public owner shall evaluate a bid
  4  8 for provision of construction management services and select a
  4  9 construction manager by using a selection process as follows:
  4 10    (1)  Send requests for proposals to not less than three
  4 11 construction managers and solicit bids as required by
  4 12 subsection 3.
  4 13    (2)  Score the proposals received from construction
  4 14 managers using the selection criteria contained in paragraph
  4 15 "b".
  4 16    (3)  Conduct interviews of construction managers with the
  4 17 highest preliminary scores based on the selection criteria as
  4 18 set forth in paragraph "c".
  4 19    (4)  Rescore each proposal of a construction manager
  4 20 interviewed based on the construction manager's proposal and
  4 21 the interview of the construction manager using the selection
  4 22 criteria contained in paragraph "b".
  4 23    (5)  Require each construction manager that is interviewed
  4 24 to submit the construction manager's fee requirements to the
  4 25 public owner in a separate sealed envelope following the
  4 26 interview of the construction manager.
  4 27    (6)  Review the separate fee proposals submitted by the
  4 28 construction managers interviewed and rescore each proposal of
  4 29 a construction manager as set forth in paragraph "c".
  4 30    (7)  Award a contract for construction management services
  4 31 as set forth in paragraph "d".  After the contract for
  4 32 construction management services is awarded, all results of
  4 33 the scoring process shall be made public by the public owner.
  4 34    b.  SELECTION CRITERIA.  A public owner shall include a
  4 35 description of the scope of construction management services
  5  1 desired and the selection criteria contained in this paragraph
  5  2 "b" in a request for proposals for construction management
  5  3 services and in a solicitation of bids required under
  5  4 subsection 3.  A public owner shall disclose the scoring
  5  5 ranges for each of the selection criteria in the request for
  5  6 proposals, but a public owner may, in its discretion, vary the
  5  7 point ranges and include additional subcategories from those
  5  8 set forth in this paragraph "b" for the required selection
  5  9 criteria.  The required criteria for selecting a construction
  5 10 manager are as follows:
  5 11    (1)  History (ten to twenty maximum point range) including
  5 12 all of the following:
  5 13    (a)  Name, address, telephone number, and federal
  5 14 identification number.
  5 15    (b)  Qualifications.
  5 16    (c)  Efficiency and financial condition.
  5 17    (d)  Familiarity with the local market where the public
  5 18 works project will be constructed.
  5 19    (2)  Composition of the construction manager's proposed
  5 20 project team (twenty to thirty maximum point range) including
  5 21 a description of the project team including resumes and
  5 22 references of each project team member and an organizational
  5 23 chart of the construction manager.
  5 24    (3)  Information describing the experience of the
  5 25 construction manager (twenty-five to thirty-five maximum point
  5 26 range) including the following:
  5 27    (a)  Description of previous experience.
  5 28    (b)  References.
  5 29    (c)  Performance of previous construction management of
  5 30 public works projects comparable in design, scope, and
  5 31 complexity to the public works project being bid on.
  5 32    (d)  Evidence of ability to meet established construction
  5 33 schedules.
  5 34    (e)  Previous projects managed.
  5 35    (f)  Demonstration of successful management systems for
  6  1 estimating, project management, scheduling, and cost controls.
  6  2    (4)  Construction management approach utilized (ten to
  6  3 fifteen maximum point range) including a narrative of the
  6  4 construction manager's philosophy of construction management.
  6  5    (5)  Fee proposal (fifteen to twenty maximum point range)
  6  6 including all of the following:
  6  7    (a)  Overhead and profit.
  6  8    (b)  Description of services.
  6  9    (c)  Policy concerning costs of change work orders.
  6 10    (d)  Reimbursement costs for reimbursable items as defined
  6 11 in the request for proposals.
  6 12    c.  INTERVIEW OF BIDDERS.  A public owner shall interview
  6 13 at least three construction managers who receive the highest
  6 14 preliminary scores for the proposals submitted in response to
  6 15 the public owner's request for proposals and solicitation of
  6 16 bids based on the selection criteria required in paragraph
  6 17 "b", or less if fewer than three proposals are submitted.
  6 18 During each interview, the public owner shall assess the
  6 19 qualifications of the construction manager's proposed project
  6 20 team, obtain additional information concerning the proposal,
  6 21 and assess the construction manager's competence to provide
  6 22 construction management services for the public works project.
  6 23 Following the interviews, the public owner shall reevaluate
  6 24 and rescore each proposal submitted based on the selection
  6 25 criteria set forth in paragraph "b" including the scores of
  6 26 the written proposal and the interview.  A public owner shall
  6 27 then open and evaluate each separate fee proposal submitted by
  6 28 a construction manager interviewed using the selection
  6 29 criteria contained in paragraph "b" and again rescore each
  6 30 proposal submitted based on the scores of the proposal,
  6 31 interview, and fee proposal.
  6 32    d.  AWARD OF CONTRACT.  A public owner shall award a
  6 33 contract for construction management services on a public
  6 34 works project to the construction manager with the highest
  6 35 score based on the required selection criteria unless the
  7  1 public owner is unable to establish an agreement with that
  7  2 construction manager for the type of construction management
  7  3 services desired by the public owner.  In that event, the
  7  4 public owner shall award the contract for construction
  7  5 management services to the construction manager with the next
  7  6 highest score on the required selection criteria that can
  7  7 reach an agreement with the public owner for the type of
  7  8 construction management services desired by the public owner.
  7  9    5.  CONSTRUCTION MANAGEMENT CONTRACT.  A construction
  7 10 management services contract for a public works project shall
  7 11 provide that the construction manager shall do all of the
  7 12 following:
  7 13    a.  Furnish skill and judgment in cooperation with, and in
  7 14 reliance on, the services of the public works project
  7 15 architect or engineer.
  7 16    b.  Furnish business administration, management of the
  7 17 construction process, and other specified services in an
  7 18 economical and expeditious manner consistent with the
  7 19 interests of the public owner.
  7 20    c.  Provide or perform general conditions work at the
  7 21 request of the public owner if the provision of such work is
  7 22 in the best interest of the public owner.
  7 23    d.  Not bid on or perform actual construction on a public
  7 24 works project on which the construction manager is performing
  7 25 construction management services.
  7 26    e.  Obtain a performance bond as required in chapter 573
  7 27 for services performed.
  7 28    f.  At the public owner's request, obtain professional
  7 29 liability insurance.
  7 30    6.  CONFLICTS PROHIBITED.  A construction management
  7 31 services contract for a public works project shall not be
  7 32 awarded by a public owner to a construction manager that
  7 33 controls, is controlled by, or shares common ownership or
  7 34 control with another contractor on the public works project;
  7 35 that assumes financial responsibility for the work of others
  8  1 on the project; that guarantees a maximum price for the work
  8  2 of others on the project; or that furnishes or guarantees a
  8  3 performance or payment bond for another contractor on the
  8  4 project.
  8  5    A public owner shall not accept a bid from or award a
  8  6 contract on a public works project to a contractor that
  8  7 controls, is controlled by, or shares common ownership with or
  8  8 control of the construction manager on the public works
  8  9 project.
  8 10    7.  APPLICABILITY.  This section does not apply to the
  8 11 planning, design, construction, maintenance, repair, or other
  8 12 work done for or on behalf of a public owner by employees of a
  8 13 public owner.
  8 14    Sec. 2.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  8 15 3, shall not apply to this Act.  
  8 16                           EXPLANATION
  8 17    This bill regulates contracts for construction management
  8 18 services for public works projects.  "Construction management
  8 19 services" includes consulting, advising, and making
  8 20 recommendations to a public owner during the planning and
  8 21 design phases of a public works project as well as in the
  8 22 construction phase of the project.  A "public owner" is any
  8 23 public body including the state, an officer, agency,
  8 24 authority, board, or commission of the state or of a political
  8 25 subdivision, or any institution supported in whole or in part
  8 26 by public funds.  A "public works project" is a permanent
  8 27 building or other construction work constructed for public use
  8 28 or benefit and paid for in whole or in part with public funds
  8 29 with the exception of work done by or for a drainage or levee
  8 30 district.
  8 31    The bill provides that a public owner shall solicit bids
  8 32 when the provision of construction management services is
  8 33 estimated to exceed $25,000, by publishing an advertisement in
  8 34 two publications of a newspaper with statewide circulation not
  8 35 less than 15 days before the date the bids are due.
  9  1    The bill sets forth an evaluation and selection process for
  9  2 a public owner to select a construction manager that includes
  9  3 preparing requests for proposals containing specific required
  9  4 selection criteria and the weight given to each of the
  9  5 criteria, conducting interviews of construction managers who
  9  6 submit proposals with the highest preliminary scores based on
  9  7 the selection criteria, scoring the written proposals,
  9  8 interviews, and fee proposals of each construction manager
  9  9 interviewed, and awarding a contract for construction
  9 10 management services on a public works project to the
  9 11 construction manager with the highest score based on the
  9 12 selection criteria.  However, if the public owner is unable to
  9 13 establish an agreement with the construction manager with the
  9 14 highest score for the type of construction management services
  9 15 desired by the public owner, the public owner shall award the
  9 16 contract to the construction manager with the next highest
  9 17 score that can reach an agreement with the public owner for
  9 18 the type of construction management services desired.
  9 19    The bill prohibits a construction manager on a public works
  9 20 project from bidding on or performing actual construction on a
  9 21 public works project.  A construction management services
  9 22 contract cannot be awarded to a construction manager that
  9 23 controls, or is controlled by, or otherwise has financial
  9 24 responsibility or makes guarantees for other participants on
  9 25 the public works project.
  9 26    The bill may include a state mandate as defined in Code
  9 27 section 25B.3.  The bill makes inapplicable Code section
  9 28 25B.2, subsection 3, which would relieve a political
  9 29 subdivision from complying with a state mandate if funding for
  9 30 the cost of the state mandate is not provided or specified.
  9 31 Therefore, political subdivisions are required to comply with
  9 32 any state mandate included in the bill.  
  9 33 LSB 6686SV 79
  9 34 av/sh/8
     

Text: SF02291                           Text: SF02293
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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