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