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H0811......................................................by STATE AFFAIRS
CONSTRUCTION MANAGERS - Adds to and amends existing law to provide for the
licensing of construction managers who provide construction management
services on public works projects; and to increase the membership of the
Public Works Contractors Licensing Board from five to seven members by
adding a construction manager and a registered professional engineer to the
board.
03/10 House intro - 1st rdg - to printing
03/11 Rpt prt - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 60-3-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Callister, Campbell, Clark, Crane, Cuddy,
Deal, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Henbest, Hornbeck, Jaquet, Jones(22), Jones(20), Judd, Kellogg,
Kempton, Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader,
Marley, McKague, Meyer, Miller, Mortensen, Newcomb, Pischner,
Pomeroy, Reynolds, Richman, Ridinger, Robison, Stevenson, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann
NAYS -- Sali, Schaefer, Stoicheff
Absent and excused -- Black(23), Chase, Crow, Denney, Hansen,
Jones(9), Mr Speaker
Floor Sponsor - Gagner
Title apvd - to Senate
03/16 Senate intro - 1st rdg - to Com/HuRes
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen, Hawkins,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--None
Absent and excused--Danielson, Sandy
Floor Sponsor - King
Title apvd - to House
03/23 To enrol - rpt enrol - Sp signed
03/24 Pres signed - to Governor
03/27 Governor signed
Session Law Chapter 410
Effective: 07/01/98
H0811|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 811 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO LICENSING OF PUBLIC WORKS CONSTRUCTION MANAGERS; AMENDING TITLE 3 54, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 45, TITLE 54, IDAHO CODE, 4 TO PROVIDE A SHORT TITLE, TO PROVIDE A STATEMENT OF LEGISLATIVE INTENT, TO 5 PROVIDE DEFINITIONS, TO REQUIRE CONSTRUCTION MANAGERS ON PUBLIC WORKS 6 PROJECTS TO BE LICENSED, TO ESTABLISH REQUIREMENTS FOR LICENSURE, TO PRO- 7 VIDE FOR INTERIM AND TEMPORARY LICENSES, TO PROVIDE FOR LICENSE RENEWAL, 8 TO PROVIDE FOR DISCIPLINARY PROCEEDINGS, TO PROVIDE FOR CERTIFICATES OF 9 AUTHORITY FOR FIRMS PROVIDING CONSTRUCTION MANAGEMENT SERVICES ON PUBLIC 10 WORKS PROJECTS, TO PROVIDE FOR LICENSE FEES AND DISPOSITION OF FUNDS, TO 11 REQUIRE BIDDING OF CONSTRUCTION CONTRACTS, TO REQUIRE BONDING OF CONSTRUC- 12 TION MANAGERS, TO PROVIDE PENALTIES FOR VIOLATION OF THIS LAW, AND TO PRO- 13 VIDE FOR INJUNCTIVE RELIEF; AMENDING SECTION 54-1905, IDAHO CODE, TO 14 INCREASE MEMBERSHIP OF THE PUBLIC WORKS CONTRACTORS STATE LICENSE BOARD 15 FROM FIVE TO SEVEN MEMBERS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 16 SECTION 54-1908, IDAHO CODE, TO PROVIDE THAT FOUR MEMBERS OF THE BOARD 17 SHALL CONSTITUTE A QUORUM AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING 18 SECTION 67-2320, IDAHO CODE, TO PROVIDE FOR SELECTION OF PROFESSIONALS 19 PROVIDING DESIGN SERVICES ON PUBLIC WORKS CONSTRUCTION PROJECTS. 20 Be It Enacted by the Legislature of the State of Idaho: 21 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended 22 by the addition thereto of a NEW CHAPTER , to be known and desig- 23 nated as Chapter 45, Title 54, Idaho Code, and to read as follows: 24 CHAPTER 45 25 PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT 26 54-4501. SHORT TITLE. The provisions of this chapter shall be known and 27 may be cited as the "Public Works Construction Management Licensing Act of 28 1998." 29 54-4502. LEGISLATIVE INTENT. In order to protect the public welfare and 30 to promote the highest degree of professional conduct on the part of persons 31 providing construction management services, the provisions of this chapter 32 provide for the licensure of individuals and regulation of persons providing 33 construction management services for public works projects. 34 54-4503. DEFINITIONS. As used in this chapter: 35 (1) "Applicant" means an individual who applies for a license or interim 36 license pursuant to the provisions of this chapter. 37 (2) "Board" means the public works contractors state license board estab- 38 lished in section 54-1905, Idaho Code. 39 (3) "Construction manager" means an individual who performs construction 40 management services. 2 1 (4) "Construction management services" means representation of an owner 2 in public works construction, as defined in section 54-1901(c), Idaho Code, by 3 a person with substantial discretion and authority to plan including schedul- 4 ing, estimating and approval, coordinate, manage or direct phases of a proj- 5 ect for the construction, demolition, alteration, repair or reconstruction of 6 any public work. This definition shall not include general contracting ser- 7 vices provided by public works contractors who actually perform the work of 8 construction, alteration, repair or reconstruction. This definition shall not 9 include services for which the laws of this state require a person to be 10 licensed as an architect or registered as a professional engineer, nor shall 11 it include services traditionally and customarily provided by licensed archi- 12 tects or registered professional engineers. 13 (5) "Firm" means any business organization, including individuals, part- 14 nerships, corporations, associations or any combination thereof acting as a 15 unit. 16 (6) "Licensure" means the issuance of a license to an applicant under the 17 provisions of this chapter authorizing such individual to offer and perform 18 construction management services. 19 (7) "Person" includes an individual, partnership, corporation, associa- 20 tion or other organization. 21 54-4504. LICENSE REQUIRED. (1) Except as otherwise provided herein, on 22 and after the effective date of this chapter, it shall be unlawful for any 23 person to act as a construction manager in public works construction or to 24 practice or perform or offer to perform construction management services in 25 public works construction unless such construction management services are 26 performed by or under the direct supervision of a licensed construction man- 27 ager. 28 (2) Only an individual may be licensed as a construction manager. No firm 29 may provide or hold itself out as providing construction management services 30 unless it holds a certificate of authority issued by the board pursuant to 31 section 54-4509, Idaho Code. 32 (3) Construction management services provided by a firm must be provided 33 under the direct supervision and control of a licensed construction manager 34 who is a principal or employee of the firm. 35 (4) An employee of an owner for which public works construction manage- 36 ment services are to be performed shall not be required to obtain a license 37 under this chapter in order to provide such services for his employer. 38 (5) A licensed architect, registered landscape architect or registered 39 professional engineer shall not be required to obtain a license under this 40 chapter in order to provide services for which the laws of this state require 41 a person to be licensed as an architect, registered landscape architect or 42 registered as a professional engineer or to provide services traditionally and 43 customarily provided by licensed architects, registered landscape architects 44 or registered professional engineers. Provided however, that such services 45 shall not include the procurement of equipment or construction work required 46 by law to be competitively bid for public works construction. 47 54-4505. REQUIREMENTS FOR LICENSURE. (1) Any individual who wishes to 48 become licensed as a construction manager shall make written application to 49 the board on such forms or in such manner as the board may prescribe. Each 50 applicant shall provide such proof as the board may require that he: 51 (a) Has a bachelor's degree in architecture, engineering or construction 52 management from a college or university which has an educational program 53 in architecture, engineering or construction management, as the case may 3 1 be, accredited by a nationally recognized accrediting organization and 2 that he has a minimum of four (4) years' experience in managing construc- 3 tion projects; or 4 (b) Has a minimum of five (5) years' experience in managing construction 5 projects. 6 (2) If the board finds that the applicant meets the requirements for 7 licensure set forth in subsection (1) of this section, it shall administer an 8 examination to the applicant, which examination shall be offered at least once 9 each year. The examination shall test the applicant's knowledge and profi- 10 ciency in construction management issues, including health, environmental and 11 safety regulations, interpretation of construction contracts, financing, 12 scheduling and project administration for construction projects. The board 13 shall establish a fee for administering the examination to each applicant 14 which must be paid before the applicant may sit for the examination. 15 (3) An applicant who demonstrates knowledge and proficiency of construc- 16 tion management by virtue of passing the examination, and upon the payment of 17 an appropriate fee, shall be issued a license authorizing that individual to 18 provide construction management services. 19 54-4506. INTERIM AND TEMPORARY LICENSES. (1) For a period of one (1) year 20 following the effective date of this chapter, each applicant who meets the 21 requirements of section 54-4505(1), Idaho Code, shall be issued an interim 22 construction manager's license pursuant to such application terms and condi- 23 tions as the board may require. At the conclusion of the one (1) year period, 24 following the effective date of this chapter, such interim licenses shall 25 expire and thereafter all licensed construction managers shall be required to 26 meet the licensure requirements as set forth in section 54-4505, Idaho Code. 27 (2) The board may issue a temporary license for a period not to exceed 28 one (1) year to an applicant who provides satisfactory proof of possession of 29 a valid construction manager's license issued by another state pursuant to 30 requirements substantially similar to those set forth in section 54-4505, 31 Idaho Code. 32 (3) Interim and temporary licenses may not be renewed nor their terms 33 extended beyond the period set forth in this section. 34 54-4507. LICENSE RENEWAL. (1) Each construction management license issued 35 under the terms of this chapter shall expire and become invalid one (1) year 36 after issuance unless renewed in the manner prescribed by the board. 37 (2) Upon application, the board may grant inactive status to the holder 38 of a license who is no longer actively providing construction management ser- 39 vices. 40 (3) The board may provide for reinstatement of an expired or inactive 41 license upon such terms as it may determine by rule. 42 54-4508. DISCIPLINARY PROCEEDINGS. (1) The board shall have the authority 43 to deny or refuse to renew a license or certificate of authority, suspend or 44 revoke a license, or impose probationary conditions on the holder of a license 45 or certificate of authority, upon the following grounds: 46 (a) Fraud or deception in the procurement of a license or certificate of 47 authority or in the taking of an examination required under the provisions 48 of this chapter; 49 (b) Incompetence in the performance of a construction manager's duties; 50 (c) Fraud or deceit in the performance of a construction manager's 51 duties; or 52 (d) Willful violation of the provisions of this chapter or the rules pro- 4 1 mulgated by the board. 2 (2) Proceedings which may result in the suspension or revocation of a 3 license or certificate of authority, or the imposition of probationary condi- 4 tions on the holder of a license or certificate of authority, shall be con- 5 ducted in accordance with the provisions of chapter 52, title 67, Idaho Code; 6 provided however, that the suspension of a certificate of authority, upon the 7 notification by its holder that the construction manager it has designated to 8 the board no longer is a principal or employee of the firm, shall not be 9 required to be conducted in accordance with the provisions of chapter 52, 10 title 67, Idaho Code. 11 (3) The board may, by rule, provide for the reinstatement of suspended or 12 revoked licenses upon such terms as it may impose. 13 54-4509. CERTIFICATES OF AUTHORITY FOR FIRMS. (1) No firm shall provide 14 or hold itself out as providing construction management services unless it has 15 a certificate of authority issued by the board. If one (1) or more principals 16 or employees of a firm are licensed construction managers the firm may apply 17 to the board for a certificate of authority to provide and hold itself out as 18 providing construction management services. An application for a certificate 19 of authority shall: 20 (a) Designate the licensed construction manager or managers, who are 21 principals or employees of the firm, specified to be in responsible charge 22 of construction management services provided by the firm; 23 (b) Be accompanied by a statement signed by such licensed construction 24 manager or managers accepting the responsibility and duty to provide con- 25 struction management services for the firm; and 26 (c) Contain such other information as the board reasonably may require. 27 If the board concludes that the construction manager or managers desig- 28 nated by the firm is or are licensed in good standing and that the firm meets 29 such other criteria reasonably established by the board, it shall issue a cer- 30 tificate of authority to the firm authorizing it to provide and hold itself 31 out as providing construction management services. 32 (2) If the construction manager or managers designated by the firm cease 33 to be licensed or to be principals or employees of the firm, the firm shall 34 immediately notify the board in writing and shall cease to hold itself out as 35 qualified to offer construction management services. Upon receiving such noti- 36 fication the board shall suspend the firm's certificate of authority. If the 37 firm is in the process of providing construction management services when its 38 designated licensed construction manager becomes unable to provide those ser- 39 vices, the firm shall complete the construction management services for the 40 project by using the services of another licensed construction manager who 41 need not be a principal or employee of the firm. The firm shall not provide or 42 hold itself out as providing construction management services for other proj- 43 ects until the board has reinstated the firm's certificate of authority which 44 the board shall do if the firm submits an application for reinstatement of its 45 certificate of authority, which shall contain the information required for an 46 original application together with such other information as the board reason- 47 ably may require, and the board finds such application to be satisfactory and 48 complete. 49 54-4510. FEES -- DISPOSITION OF FUNDS. (1) The board shall adopt by rule 50 reasonable fees not to exceed two hundred dollars ($200) for each of the fol- 51 lowing: 52 (a) Initial examination and licensing; 53 (b) License renewal; 5 1 (c) Inactive licenses; 2 (d) License reinstatement; and 3 (e) Issuance, suspension and reinstatement of a certificate of authority. 4 (2) All fees collected by the board shall be paid to the bureau of occu- 5 pational licenses and deposited in the state treasury, to the credit of the 6 occupational licenses fund, and shall be used only for the administration of 7 the provisions of this chapter. All expenses incurred pursuant to the provi- 8 sions of this chapter shall be paid from the occupational licenses fund. All 9 fees collected by the board under the provisions of this chapter are hereby 10 appropriated for one (1) year following the effective date of this chapter and 11 thereafter as appropriated each year by the legislature for carrying out the 12 purposes and objectives of this chapter and to pay all costs and expenses 13 incurred in connection therewith. Such moneys shall be paid out on warrants 14 drawn by the state controller upon presentation of proper vouchers approved by 15 the board. 16 54-4511. BIDDING OF CONTRACTS -- DUAL CAPACITY. (1) In soliciting bids or 17 awarding contracts for public works construction, a licensed construction man- 18 ager shall comply with all notice and bidding laws with which an owner would 19 be required to comply if it were to do the same activities without the assis- 20 tance of a construction manager. 21 (2) A licensed construction manager and the firm of which he is a princi- 22 pal or employee shall not provide construction management services for a con- 23 struction project on which the licensed construction manager or his firm also 24 provides design services or other construction related services, whether as a 25 contractor or subcontractor. Provided however, that this section shall not 26 preclude a licensed architect or registered professional engineer from provid- 27 ing public works construction management services which are normally provided 28 by licensed architects or registered professional engineers for a project on 29 which the person or firm has provided design services. Such public works con- 30 struction management services provided by a licensed architect or registered 31 professional engineer shall not include the procurement of equipment or con- 32 struction work required by law to be competitively bid for public works con- 33 struction. 34 (3) No public entity shall enter into a contract with any person or firm 35 for construction management services if such person or firm is required to be 36 licensed under this chapter unless: 37 (a) Such person holds a valid license or such firm holds a valid certifi- 38 cate issued pursuant to this chapter; and 39 (b) The selection of such construction manager is made pursuant to sec- 40 tion 67-2320, Idaho Code. 41 54-4512. REQUIREMENT OF BOND. A licensed construction manager or firm 42 providing public works construction management services shall be required to 43 post a payment and performance bond or bonds in the amount of the total con- 44 struction management contract to secure the construction manager's obligations 45 thereunder. 46 54-4513. PENALTIES. Any person who violates any provision of this chapter 47 shall, upon conviction, be guilty of a misdemeanor. 48 54-4514. INJUNCTIVE RELIEF. The board may bring an action in the district 49 court for a temporary restraining order, preliminary injunction or permanent 50 injunction against any person who violates the provisions of this chapter. 6 1 SECTION 2. That Section 54-1905, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-1905. PUBLIC WORKS CONTRACTORS STATE LICENSE BOARD CREATED -- QUALIFI- 4 CATIONS OF APPOINTEES -- TERM -- REMOVALS. There is hereby created in the 5 department of self-governing agencies a public works contractors state license 6 board to be composed offiveseven (577 ) members, who shall be appointed by the governor. One (1) 8 member of the board shall be a "heavy construction" contractor, one (1) member 9 shall be a "highway construction" contractor, two (2) members shall be 10 "building construction" contractors ,andone (1) 11 member shall be a "specialty construction" contractor, as such construction 12 terms are defined in thisactchapter, one (1) member shall 13 be a "construction manager," and one (1) member shall be a registered profes- 14 sional engineer . All contractor members of the board shall 15 be contractors holding a current unrevoked license at the time of their 16 appointment, actively engaged in the contracting business and have been so 17 engaged for a period of not less than five (5) years preceding the date of 18 their appointment, and who shall so continue in the contracting business dur- 19 ing their term of office. Each member of the board next preceding his appoint- 20 ment shall have been a citizen and resident of the state of Idaho for at least 21 five (5) years, be at least thirty (30) years of age, of good character22and of recognized standing in his branch of the contracting business. 23Of the two (2) new members of the board provided by this act, one (1)24shall be a "building construction" contractor to be appointed for a term25expiring December 31, 1957, and one (1) shall be a "specialty construction"26contractor to be appointed for a term expiring December 31, 1959. Thereafter,27upon the expiration of each term theThe governor shall 28 appoint a member to said board for a term of six (6) years. Each member shall 29 hold office after the expiration of his own term until his successor has been 30 duly appointed and qualified. Vacancies on the board for any cause shall be 31 filled by appointment by the governor for the balance of the unexpired term. 32 The governor may remove any member of the board for misconduct, incompetence 33 or neglect of duty. Each member of the board shall receive a certificate of 34 appointment from the governor, and before entering upon the discharge of his 35 duties, shall file with the secretary of state the constitutional oath of 36 office. The board may, by written agreement, authorize the bureau of occupa- 37 tional licenses as agent to act in its interest. 38 SECTION 3. That Section 54-1908, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 54-1908. MEETINGS -- QUORUM. The board shall hold not less than four (4) 41 regular meetings each year, on a day not later than the fifteenth day of the 42 month in each of the months of January, April, July and October, for the pur- 43 pose of transacting such business as may properly come before it. At the April 44 meeting of each year the board shall elect officers. Special or regular 45 monthly meetings of the board may be held at such times as the board may pro- 46 vide in theby-lawsbylaws .Three47 Four (34 ) members of the board shall consti- 48 tute a quorum. Two (2) members of the board may call a special meeting at any 49 time. Due notice of each meeting of the board and the time and place thereof 50 shall be given each member in the manner prescribed in theby-laws51bylaws . Each member of the board shall be compensated as 52 provided by section 59-509(h), Idaho Code, to be allowed and paid from the 7 1 public works contractors license account, as hereinafter provided in this 2actchapter . 3 SECTION 4. That Section 67-2320, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 67-2320. PROFESSIONAL SERVICE CONTRACTS WITH DESIGN PROFESSIONALS , 6 CONSTRUCTION MANAGERS AND PROFESSIONAL LAND SURVEYORS . (1) Notwith- 7 standing any other provision of law to the contrary, it shall be the policy of 8 this state that all public agencies and political subdivisions of the state of 9 Idahomayand their agents shall make selections for 10 professional engineering, architectural , landscape architecture, con- 11 struction management and professional land surveying ser- 12 vices, including services by persons licensed pursuant to chapters 3, 12 13 ,and30 and 45 , title 54, Idaho Code, on the 14 basis of qualifications and demonstrated competence andmay15 shall negotiate contracts or agreements for such services on the basis 16 of demonstrated competence and qualifications for the type of services 17 required at fair and reasonable prices. 18 (2) In carrying out this policy, public agencies and political subdivi- 19 sions of the statemayshall use the following 20 minimum guidelines in securing contracts for engineering, archi- 21 tectural, landscape architecture, construction management and land surveying 22 services on projects for which the professional service fee is anticipated to 23 exceed the total sum of twenty-five thousand dollars ($25,000), excluding pro- 24 fessional services contracts previously awarded for an associated or phased 25 project, and the expenditure is otherwise exempt from the bidding process pro- 26 vided by law : 27 (a) Encourage persons or firms engaged in thedesign28professionsservices being solicited to submit state- 29 ments of qualifications and performance data; 30 (b) Establish and make available toall interested persons31 the public the criteria and procedures used for the selection 32 of qualified persons or firms to perform such services; 33 (c) Selectfrom the interested persons thosethe 34 persons or firms whom the public agency or political 35 subdivision determinesthe most highlyto be best 36 qualified to provide the required services , ranked in 37 order of preference, pursuant to the public agency or political 38 subdivision's established criteria and procedures; 39 (d) Negotiate with the highestqualified40 ranked person or firm for a contract or agreement to 41 perform such services at a price determined by the public agency or polit- 42 ical subdivision to be reasonable and fair to the public after considering 43 the estimated value, the scope, the complexity and the nature of the ser- 44 vices; 45 (e) When unable to negotiate a satisfactory contract or agreement, for- 46 mally terminate negotiations and undertake negotiations with the next 47most qualifiedhighest ranked person or 48 firm , following the procedure prescribed in subsection (2)(d) of 49 this section;and50 (f) When unable to negotiate a satisfactory contract or agreement with 51 any of the selected persons or firms , continue with the 52 selection and negotiation process provided in this section until a con- 53 tract or agreement is reached ; 8 1 (g) When public agencies or political subdivisions solicit proposals for 2 engineering, architectural, landscape architecture, construction manage- 3 ment or land surveying services for which the professional service fee is 4 anticipated to exceed the total sum of twenty-five thousand dollars 5 ($25,000), they shall publish public notice in the same manner as required 6 for bidding of public works construction projects. 7 (h) In fulfilling the requirements of subsections (2)(a) through (2)(g) 8 of this section, a public agency or political subdivision may limit its 9 selection from a list of three (3) persons or firms selected and 10 preapproved for consideration by the public agency or political subdivi- 11 sion. In establishing a preapproved list a public agency or political sub- 12 division shall publish notice as set forth in subsection (2)(g) of this 13 section. When selecting from such list, no notice shall be required. 14 (i) In fulfilling the requirements of subsections (2)(a) through (2)(g) 15 of this section, a public agency or political subdivision may request 16 information concerning a person's or firm's rates, overhead and 17 multipliers, if any, however such information shall not be used by the 18 public agency or political subdivision for the purpose of ranking in order 19 of preference as required in subsection (2)(c) of this section . 20 (3) In securing contracts for engineering, architectural, landscape 21 architecture, construction management or land surveying services on projects 22 for which the professional service fee is anticipated to be less than the 23 total sum of twenty-five thousand dollars ($25,000), the public agency or 24 political subdivision may use the guidelines set forth in paragraphs (a) 25 through (g) of subsection (2) of this section or establish its own guidelines 26 for selection based on demonstrated competence and qualifications to perform 27 the type of services required, followed by negotiation of the fee at a price 28 determined by the public agency or political subdivision to be fair and rea- 29 sonable after considering the estimated value, the scope, the complexity and 30 the nature of services. 31 (4) When a public agency or political subdivision of the state has previ- 32 ously awarded a professional services contract to a person or firm for an 33 associated or phased project the public agency or political subdivision may, 34 at its discretion, negotiate an extended or new professional services contract 35 with that person or firm. 36 (5) (a) For the purposes of this section, "public agency" 37 shall mean the state of Idaho and any departments, commissions, boards, 38 authorities, bureaus, universities, college s , educational 39 institutions or other state agencies which have been created by or pursu- 40 ant to statute other than courts and their agencies and divisions, and the 41 judicial council and the district magistrate's commission; 42 (b) For the purposes of this section, "political subdivision" shall mean 43 a county, city, airport, airport district, school district, health dis- 44 trict, road district, cemetery district,juniorcommu- 45 nity college district, hospital district, irrigation district, 46 sewer district, fire protection district, or any other district or munici- 47 pality of any nature whatsoever having the power to levy taxes or assess- 48 ment, organized under any general or special law of this state. The enu- 49 meration of certain districts herein shall not be construed to exclude 50 other districts or municipalities from this definition.
STATEMENT OF PURPOSE
RS 08194 C1
Idaho does not currently have a process in code for use of a
"construction manager". Public entities are attempting to use this
concept but bonding and bidding laws are sometimes being ignored
on public works projects. It exposes those districts to
potentially large losses. This bill would define the method by
which public entities could use the process through licensing and
oversight.
In addition, the bill defines how architects, engineers,
and land surveyors would be selected under a method of quality
based selection by public entities for their portion of the
public works jobs. Their selections would be based on
demonstrated competence as design professionals.
FISCAL NOTE
License fees will provide funds to conduct the license
procedures required by this legislation. This bill is revenue
neutral.
CONTACT: Representative Lee Gagner
(208) 332-1000
Bill No. H 811