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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
]]]] 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
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