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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