Bill Text: IA SF2177 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of construction managers for certain public improvement projects. (See SF 2264.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-13 - Subcommittee, Quirmbach, Guth, and Hart. S.J. 257. [SF2177 Detail]
Download: Iowa-2013-SF2177-Introduced.html
Senate
File
2177
-
Introduced
SENATE
FILE
2177
BY
QUIRMBACH
A
BILL
FOR
An
Act
relating
to
the
use
of
construction
managers
for
certain
1
public
improvement
projects.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
72.6
Requirements
for
use
of
1
construction
managers.
2
1.
For
purposes
of
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Construction”
means
the
same
as
defined
in
section
5
103A.3.
6
b.
“Construction
manager”
means
a
person
with
substantial
7
discretion
and
authority
to
plan,
coordinate,
manage,
and
8
direct
all
phases
of
a
construction
project,
but
does
not
mean
9
a
person
who
provides
architectural,
landscape
architectural,
10
or
engineering
design
services,
or
who
actually
performs
11
construction
work
on
the
project.
12
c.
“General
contractor”
means
a
person
who
engages
in
the
13
business
of
construction,
but
does
not
include
a
construction
14
manager.
15
d.
“Governing
body”
means
a
city
council,
county
board
of
16
supervisors,
or
school
district
board
of
directors.
17
e.
“Governmental
entity”
means
a
city,
county,
or
school
18
district.
19
f.
“Public
improvement”
means
a
building
or
construction
20
work
which
is
constructed
under
the
control
of
a
governmental
21
entity
and
is
paid
for
in
whole
or
in
part
with
funds
of
the
22
governmental
entity,
including
a
building
or
improvement
23
constructed
or
operated
jointly
with
any
other
public
or
24
private
agency.
25
2.
If
the
governing
body
of
a
governmental
entity
is
26
considering
the
use
of
a
construction
manager
to
administer
27
the
construction
of
a
public
improvement,
before
the
governing
28
body
begins
the
process
of
selecting
a
construction
manager
for
29
the
project,
the
governing
body
shall
hold
a
public
hearing
30
for
the
purpose
of
determining
the
relative
advantages
and
31
disadvantages
in
cost
and
other
aspects
of
the
project
that
32
may
result
from
using
a
construction
manager
to
administer
33
the
project
instead
of
a
general
contractor.
Notice
of
the
34
hearing
must
be
published
as
provided
in
section
362.3.
At
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the
time
and
place
fixed
for
the
public
hearing,
the
governing
1
body
shall
give
all
individuals
who
appear
at
the
hearing
an
2
opportunity
to
express
their
views
on
the
subject
at
issue.
If
3
the
governing
body
decides
to
use
a
construction
manager
to
4
administer
the
project
subsequent
to
the
hearing,
the
governing
5
body
shall
publicly
adopt
a
resolution
to
that
effect.
If
6
such
a
resolution
is
adopted,
the
governing
body
may
use
a
7
construction
manager
to
administer
the
project.
If
such
a
8
resolution
is
not
adopted,
the
governing
body
shall
use
a
9
general
contractor
to
administer
the
project.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
requires
the
governing
body
of
a
governmental
14
entity
considering
the
use
of
a
construction
manager
to
15
administer
the
construction
of
a
public
improvement
to
hold
16
a
public
hearing
before
beginning
the
process
of
selecting
a
17
construction
manager
for
the
project.
18
The
purpose
of
the
public
hearing
is
to
determine
the
19
relative
advantages
and
disadvantages
in
cost
and
other
aspects
20
of
the
project
that
may
result
from
using
a
construction
21
manager
to
administer
the
project
instead
of
a
general
22
contractor.
At
the
hearing,
the
governing
body
shall
give
all
23
individuals
who
appear
at
the
hearing
an
opportunity
to
express
24
their
views.
25
If
the
governing
body
decides
to
use
a
construction
manager
26
to
administer
the
project
subsequent
to
the
hearing,
the
27
governing
body
shall
publicly
adopt
a
resolution
to
that
28
effect.
If
such
a
resolution
is
adopted,
the
governing
body
29
may
use
a
construction
manager
to
administer
the
project.
If
30
such
a
resolution
is
not
adopted,
the
governing
body
shall
use
31
a
general
contractor
to
administer
the
project.
32
The
bill
defines
“governmental
entity”
as
a
city,
county,
33
or
school
district.
The
bill
defines
“construction
manager”
34
as
a
person
with
substantial
discretion
and
authority
to
plan,
35
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2177
coordinate,
manage,
and
direct
all
phases
of
a
construction
1
project,
but
not
a
person
who
provides
architectural,
landscape
2
architectural,
or
engineering
design
services,
or
who
actually
3
performs
construction
work
on
the
project.
The
bill
defines
4
“general
manager”
as
a
person
who
engages
in
the
business
of
5
construction
who
is
not
a
construction
manager.
The
bill
6
defines
“public
improvement”
as
a
building
or
construction
7
work
which
is
constructed
under
the
control
of
a
governmental
8
entity
and
is
paid
for
in
whole
or
in
part
with
funds
of
the
9
governmental
entity,
including
a
building
or
improvement
10
constructed
or
operated
jointly
with
any
other
public
or
11
private
agency.
The
bill
defines
“construction”
as
the
12
construction,
erection,
reconstruction,
alteration,
conversion,
13
repair,
equipping
of
buildings,
structures
or
facilities,
and
14
requirements
or
standards
relating
to
or
affecting
materials
15
used
in
connection
therewith,
including
provisions
for
safety
16
and
sanitary
conditions.
17
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