Text: SF02323 Text: SF02325 Text: SF02300 - SF02399 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 services provided in the planning, design, and construction 1 7 phases of a public works project. 1 8 "Construction management services" does not include 1 9 architectural services provided within the practice of 1 10 architecture as defined in section 544A.16, engineering 1 11 services provided within the practice of engineering as 1 12 defined in section 542B.2, or landscape architectural services 1 13 provided within the practice of landscape architecture as 1 14 defined in section 544B.1. 1 15 b. "Construction manager" means any person, firm, or 1 16 corporation that provides construction management services to 1 17 a public owner. 1 18 c. "General conditions" means work that is not permanently 1 19 incorporated into a public works project. 1 20 d. "Public owner" means a public body including the state 1 21 of Iowa, an officer, official, agency, authority, board, or 1 22 commission of the state or of a political subdivision or an 1 23 institution supported in whole or in part by public funds. 1 24 e. "Public works" means a building or other construction 1 25 work which is constructed under the control of a public owner 1 26 and is paid for in whole or in part with funds of a public 1 27 owner. "Public works" does not include any work done by or on 1 28 behalf of a drainage or levee district or any work funded by 1 29 federal funds where federal procurement policy applicable to 1 30 the use of the federal funds is inconsistent with the 1 31 requirements of this section. 1 32 f. "Public works project" or "project" means the 1 33 construction, maintenance, or repair of public works. 1 34 2. USE OF CONSTRUCTION MANAGER. A public owner may engage 1 35 a construction manager when planning, designing, or 2 1 constructing a public works, or when improving, altering, or 2 2 repairing a public works. A public owner may engage a 2 3 construction manager in the preconstruction phase of a public 2 4 works project or in both the preconstruction and construction 2 5 phases of the project. 2 6 3. SOLICITATION OF CONSTRUCTION MANAGEMENT SERVICES. A 2 7 public owner is not required to engage a construction manager. 2 8 If a public owner makes an initial determination to engage a 2 9 construction manager and the estimated cost of construction 2 10 management services for a public works project to be provided 2 11 by the construction manager exceeds twenty-five thousand 2 12 dollars, a public owner shall solicit a proposed construction 2 13 management services contract by publishing an advertisement in 2 14 a newspaper published at least once weekly and having general 2 15 circulation in the city or county where the public works 2 16 project is located. The notice must be published at least 2 17 once, not less than twenty nor more than forty-five days 2 18 before the date set by the public owner for submission of 2 19 proposals. The notice shall contain a statement that the 2 20 public owner reserves the right to reject any or all proposals 2 21 and seek additional proposals or may in its discretion not 2 22 seek additional proposals. If the public owner rejects all 2 23 proposals and does not seek any additional proposals, the 2 24 public owner may proceed with the public works project without 2 25 engaging a construction manager or terminate the public works 2 26 project, as deemed appropriate and in the public interest by 2 27 the public owner. The public owner may publish an 2 28 advertisement in an electronic format as an additional method 2 29 of soliciting proposals under this subsection. 2 30 4. SELECTION CRITERIA. In a request for proposals for 2 31 construction management services, a public owner shall include 2 32 a description of the scope of construction management services 2 33 desired and the selection criteria to be used in evaluating 2 34 proposals for construction management services and shall 2 35 require a construction manager making a proposal to propose 3 1 significant efficiencies or improvements in the quality of the 3 2 public works project, as determined by the public owner. 3 3 5. CONSTRUCTION MANAGEMENT SERVICES CONTRACT. A 3 4 construction management services contract for a public works 3 5 project shall provide that the construction manager shall do 3 6 all of the following: 3 7 a. Furnish skill and judgment in cooperation with, and in 3 8 reliance on, the services of the public works project 3 9 architect, engineer, and general contractor. 3 10 b. Furnish business administration services, management of 3 11 the construction process, and other specified services in an 3 12 economical and expeditious manner consistent with the 3 13 interests of the public owner. 3 14 c. Refrain from entering into an arrangement that violates 3 15 subsection 6 and refrain from bidding on or performing actual 3 16 construction or general conditions work on a public works 3 17 project on which the construction manager is performing 3 18 construction management services. 3 19 d. Obtain professional liability insurance at the public 3 20 owner's request. A construction manager shall also be 3 21 required to obtain a performance bond as required pursuant to 3 22 chapter 573 for services performed. A professional engineer 3 23 licensed pursuant to chapter 542B, or a registered architect 3 24 licensed pursuant to chapter 544A, who performs construction 3 25 management services, is not required to obtain a performance 3 26 bond as required pursuant to chapter 573 for services 3 27 performed. 3 28 e. Recommend contracts or change orders to a public owner 3 29 but a construction manager shall not authorize contracts or 3 30 change orders. 3 31 A contract for construction management services shall be a 3 32 public document and shall be available to the public for the 3 33 reasonable cost of reproduction of the contract. 3 34 6. CONFLICTS PROHIBITED. A construction management 3 35 services contract for a public works project shall not be 4 1 awarded by a public owner to a construction manager that 4 2 controls, is controlled by, shares common ownership or control 4 3 with, or is related to the owner of another construction 4 4 contractor, construction subcontractor, or construction 4 5 supplier on the public works project; that assumes financial 4 6 responsibility for the work of others on the project; that 4 7 guarantees a maximum price for the work of others on the 4 8 project; or that furnishes or guarantees a performance or 4 9 payment bond for another contractor on the project. For 4 10 purposes of this subsection, "related" means a relative as 4 11 defined in section 42.1. 4 12 7. APPLICABILITY. This section does not apply to the 4 13 planning, design, construction, maintenance, repair, or other 4 14 work done for or on behalf of a public owner by employees of a 4 15 public owner. 4 16 Sec. 2. Section 390.3, unnumbered paragraph 2, Code 2001, 4 17 is amended to read as follows: 4 18 However, in the performance of a joint agreement, the 4 19 governing body is not subject to statutes generally applicable 4 20 to public contracts, including hearings on plans, 4 21 specifications, form of contracts, costs, notice and 4 22 competitive bidding required under sections 384.95 through 4 23 384.103, and construction management services as provided in 4 24 section 72.6, unless all parties to the joint agreement are 4 25 cities located within the state of Iowa. 4 26 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 27 3, shall not apply to this Act. 4 28 Sec. 4. APPLICABILITY. This Act does not apply to 4 29 construction management contracts entered into prior to the 4 30 effective date of this Act. 4 31 Sec. 5. PUBLIC WORKS PROJECTS INTERIM STUDY. The 4 32 legislative council is requested to authorize an interim study 4 33 committee to study the professional relationships among public 4 34 owners, contractors, construction managers, architects, 4 35 engineers, and landscape architects and to review issues 5 1 concerning bid comparisons on multiple contracts, the merits 5 2 of limiting the number of contracts, the professional 5 3 responsibilities of a public owner, contractor, construction 5 4 manager, architect, engineer, and landscape architect on a 5 5 public works project, and any other issue raised by the 5 6 members of the interim study committee. The interim study 5 7 shall include making recommendations for a clear chain of 5 8 command on public works projects and proposing guidelines for 5 9 the interrelationship of public owners, contractors, 5 10 construction managers, architects, engineers, and landscape 5 11 architects on public works projects. The study committee 5 12 shall be composed of representatives of organizations 5 13 including but not limited to associated builders and 5 14 contractors of Iowa, master builders of Iowa, and 5 15 organizations representing construction managers, Iowa general 5 16 contractors for competitive bidding, architects, engineers, 5 17 Iowa rural water association, Iowa public airports 5 18 association, Iowa association of municipal utilities, and 5 19 public owners. Appointments to the committee shall be made no 5 20 later than August 1, 2002. Staffing for the committee shall 5 21 be provided by the legislative service bureau. The study 5 22 committee shall submit a report of its findings and 5 23 recommendations, including proposed legislation, if any, to 5 24 the general assembly on or before January 13, 2003. 5 25 SF 2324 5 26 av/cc/26
Text: SF02323 Text: SF02325 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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