2006 Legislation
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SENATE BILL NO. 1462 – Capitol Bldg proj/constructn mngr

SENATE BILL NO. 1462

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Bill Status



S1462................................................by JUDICIARY AND RULES
CAPITOL BUILDING PROJECTS - Adds to existing law relating to Capitol
Building projects to provide legislative intent; and to provide for the use
of construction manager at-risk services on Capitol Building projects.
                                                                        
03/21    Senate intro - 1st rdg - to printing
03/22    Rpt prt - to St Aff
03/30    Rpt out - rec d/p - to 2nd rdg
03/31    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 30-0-5
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Corder, Darrington, Fulcher, Gannon,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner,
      Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Compton, Davis, Geddes, Marley, Sweet
    Floor Sponsor - Darrington
    Title apvd - to House
04/03    House intro - 1st rdg - to St Aff
04/05    Rpt out - rec d/p - to 2nd rdg
04/06    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 64-2-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Cannon, Chadderdon, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson,
      Jaquet, Kemp, Lake, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
      Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer,
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- LeFavour, Mitchell
      Absent and excused -- Clark, Henbest, Sali, Shepherd(2)
    Floor Sponsor - Black
    Title apvd - to Senate
04/06    To enrol - Rpt enrol - Pres signed - Sp signed
04/07    To Governor
04/14    Governor signed
         Session Law Chapter 454
         Effective: 04/14/06; 06/30/10 Sunset Clause

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1462
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CAPITOL BUILDING PROJECTS; AMENDING CHAPTER 57,  TITLE  67,  IDAHO
  3        CODE,  BY  THE  ADDITION OF A NEW SECTION 67-5711E, IDAHO CODE, TO PROVIDE
  4        LEGISLATIVE INTENT, TO PROVIDE FOR THE USE OF CONSTRUCTION MANAGER AT-RISK
  5        SERVICES ON CAPITOL BUILDING PROJECTS AND TO DEFINE  TERMS;  DECLARING  AN
  6        EMERGENCY AND PROVIDING A SUNSET DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Chapter  57,  Title 67, Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 67-5711E, Idaho Code, and to read as follows:
                                                                        
 11        67-5711E.  LEGISLATIVE INTENT -- CAPITOL BUILDING PROJECTS -- CONSTRUCTION
 12    MANAGER AT-RISK SERVICES. (1) The legislature of the state of Idaho recognizes
 13    that  its capitol building is the most vital and preeminent public building in
 14    Idaho and is a symbol of Idaho's sovereignty. The legislature recognizes  that
 15    the  restoration  and  preservation of the capitol building represents a vital
 16    public interest. The legislature further recognizes that there exist  alterna-
 17    tive  project  delivery  methods  for public works construction including con-
 18    struction manager at-risk services. The legislature intends that  construction
 19    management at-risk services may be used on the capitol building project.
 20        (2)  Notwithstanding  any  other  provision  of  law to the contrary, with
 21    respect to any contract to be entered into for any capitol building project or
 22    projects, and any part thereof, the director of the department of  administra-
 23    tion,  or his designee, may enter into a contract for construction manager at-
 24    risk services. If construction manager at-risk services are used, the  follow-
 25    ing conditions shall apply:
 26        (a)  Selection  of  the  individual or firm providing construction manager
 27        at-risk services shall be made pursuant to section  67-2320,  Idaho  Code;
 28        and
 29        (b)  An individual or firm providing construction manager at-risk services
 30        is  subject  to all requirements, including licensing and bonding require-
 31        ments, applicable to contractors subject to chapter 19,  title  54,  Idaho
 32        Code.
 33        (3)  For purposes of this section:
 34        (a)  "Construction  management  services"  means  services  provided by an
 35        individual licensed under chapter 45, title 54, Idaho Code, or a firm hav-
 36        ing a certificate of authority under chapter 45,  title  54,  Idaho  Code,
 37        which  services  may  include  involvement  with  design, constructability
 38        reviews, prequalification, preparation and coordination of  bid  packages,
 39        scheduling,  cost  control, value engineering, evaluation, preconstruction
 40        services and construction administration.
 41        (b)  "Construction management at-risk services" means services provided by
 42        an individual or firm that:
 43             (i)   Provides  construction  management  services  for   a   project
                                                                        
                                           2
                                                                        
  1             throughout the preconstruction and construction phases;
  2             (ii)  Is licensed under chapter 19, title 54, Idaho Code, as a public
  3             works contractor;
  4             (iii) Acts  as  a general contractor in accordance with the construc-
  5             tion manager at-risk contract; and
  6             (iv)  Guarantees the cost of the project.
  7        (c)  "Construction manager at-risk contract" means a contract by which  an
  8        individual  or firm agrees to provide construction management at-risk ser-
  9        vices and which may provide for the individual  or  firm  to  self-perform
 10        portions  of the project and may require the individual or firm to satisfy
 11        applicable prequalification criteria on any  self-performed  work  and  to
 12        select  or  prequalify contractors or subcontractors in the same manner as
 13        if such selection or prequalification were done directly by the department
 14        of administration.
 15        (d)  "Firm" means any business organization, including individuals,  part-
 16        nerships,  corporations, associations or any combination thereof acting as
 17        a unit.
                                                                        
 18        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 19    declared to exist, this act shall be in full force and effect on and after its
 20    passage  and  approval,  and shall be null, void and of no force and effect on
 21    and after June 30, 2010.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16266

Idaho's capitol building is a significant public monument,
symbolizing Idaho's sovereignty and the spirit of Idaho's
citizens.  The capitol building is one of Idaho's most renowned
landmarks.  The Idaho Legislature recognizes the importance of
the capitol building.  The Legislature also recognizes that there
are alternative project delivery methods for public works
construction, including construction management at-risk.  This
legislation will allow the Department of Administration, Division
of Public Works to use construction management at-risk services
on  capitol building projects.  



                           FISCAL NOTE

No fiscal impact to the General Fund. 






Contact
Name: Joanna L. Guilfoy, Department of Administration 
Phone: 332-1832
Senator Denton Darrington 
Representative Max Black


STATEMENT OF PURPOSE/FISCAL NOTE                         S1462