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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XXI LABOR AND INDUSTRIES
  • CHAPTER 149A PUBLIC CONSTRUCTION ALTERNATIVE DELIVERY METHODS
  • Section 2 Definitions applicable to Secs. 1 to 9

Section 2. As used in sections 1 to 9, inclusive, the following words shall have the following meanings unless indicated otherwise or unless the context in which they are used clearly requires a different meaning:—

“Building project”, the construction, reconstruction, installation, demolition, maintenance or repair of any public building;

“Construction management at risk” or “Construction management at risk services” or “Construction management at risk delivery method”, a construction method wherein a construction management at risk firm provides a range of preconstruction services and construction management services which may include cost estimation and consultation regarding the design of the building project, the preparation and coordination of bid packages, scheduling, cost control, and value engineering, acting as the general contractor during the construction, detailing the trade contractor scope of work, holding the trade contracts and other subcontracts, prequalifying and evaluating trade contractors and subcontractors, and providing management and construction services, all at a guaranteed maximum price, which shall represent the maximum amount to be paid by the public agency for the building project, including the cost of the work, the general conditions and the fee payable to the construction management at risk firm.

“Construction manager at risk” or “Construction management at risk firm”, a sole proprietorship, partnership, corporation, or other legal entity that provides construction management at risk services;

“Designer”, shall have the same meaning as found in section 38A of chapter 7, and shall be independent of the construction management at risk firm and the owner’s project manager.

“Governing body”, the person or group of persons who have the power to enter into and approve of a contract between a public agency and a construction management at risk firm;

“Guaranteed maximum price”, or “GMP”, the agreed total dollar amount for the construction management at risk services, including the cost of the work, the general conditions and the fees charged by the construction management at risk firm.

“Owner’s project manager”, an individual, corporation, partnership, sole proprietorship, joint stock company, joint venture, or other entity engaged to provide project management services on behalf of a public agency for the construction and supervision of construction of a building project. Any individual assigned by the owner’s project manager to provide the project management services for the building project shall be a person who is registered by the commonwealth as an architect or professional engineer and has at least 5 years experience in the construction and supervision of construction of buildings of similar size and complexity; or a person who is not so registered and has at least 7 years experience in the construction and supervision of construction of buildings of similar size and complexity. A public agency may utilize a member or members of its staff as owner’s project manager provided such staff meets the required qualifications. The owner’s project manager shall be independent of the designer and the construction management at risk firm. “Public Agency”, shall have the same meaning as found in section 44A of chapter 149;

“Two-phase selection process”, a procurement process in which the first phase consists of creating a short list of prequalified firms as determined by responses to a request for qualifications and in which the second phase consists of inviting firms prequalified in the first phase to submit responses to a request for proposals or a request for bids.