Relating to a construction manager-at-risk commercial construction alternative delivery method and prohibiting certain other alternative delivery methods in the public sector

34 is amended to prohibit the state board of regents from entering into a design-build contract to construct, repair, or improve buildings or grounds. DIVISION II —— GUARANTEED MAXIMUM PRICE CONTRACTS. This division allows a governmental entity to use a guaranteed maximum price contract for purposes of public improvement contracts.1 defines, among other terms, “construction manager-at-risk”, “governmental entity”, “guaranteed maximum price contract” and “public improvement”. “Guaranteed maximum price contract” is defined to mean the agreed to fixed or guaranteed maximum price pursuant to a contract entered into by the construction manager-at-risk and the governmental entity. “Construction manager-at-risk” means a legal entity that assumes the risk for the construction, rehabilitation, alteration, or repair of a project and provides consultant services to the governmental entity in the development and design phases, working collaboratively with the design professionals involved. “Governmental entity” is defined to mean the state, political subdivisions of the state, and public school corporations, and is specifically defined to include the state board of regents. “Public improvement” is defined to mean the same as for purposes of Code chapter governing public construction bidding.2 authorizes a governmental entity to enter into a guaranteed maximum price contract for a public improvement, notwithstanding any provision of law to the contrary.3 establishes the process for entering into a guaranteed maximum price contract. The new Code section provides procedures governing public disclosure of an intent to enter into a guaranteed maximum price contract, selection of an engineer, landscape architect, or architect, a request for qualifications process, a request for proposals and selection process, and selection of trade contractors and material packages.4 prohibits a governmental entity from entering into a design-build contract for the construction of a public improvement and entering into a guaranteed maximum price contract for public improvements relating to highway and bridge construction.