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Senate File 2324

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 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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