Tennessee § 54-1-501 - Use of project delivery method of construction manager/general contractor (CM/GC) services.

§ 54-1-501. Use of project delivery method of construction manager/general contractor (CM/GC) services.

Notwithstanding any other law to the contrary, the department is authorized to use the project delivery method of construction manager/general contractor (CM/GC) services. The CM/GC method allows the department to engage a construction manager during the design process to provide input on the design. During the design phase, the construction manager provides advice, including, but not limited to, constructability review, scheduling, pricing, and phasing to assist the department in designing a more efficient and well-designed project. The construction manager/general contractor may subsequently construct the project if the department and the CM/GC reach agreement on a guaranteed maximum price for construction. The department will select CM/GC projects based upon generally accepted industry criteria that include factors such as fostering innovation, mitigating risk, improving design quality, improving cost control, and optimizing construction schedules. Projects suited for the CM/GC process include instances where the department needs feedback during the design phase due to complex components that require innovation. Other projects that are suited for CM/GC are projects that have public involvement, third-party considerations such as acquisition of right-of-way or utility relocation issues, or other factors that impact the overall schedule. Projects not suited for the CM/GC process include routine maintenance and resurfacing projects or other construction projects that present a low level of technical complexity, a low level of risk management, and simple traffic phasing, and that do not have any compelling need for project acceleration. Before using the CM/GC method of project delivery, the commissioner shall send written notice to the chair of the transportation and safety committee of the senate and the chair of the transportation committee of the house of representatives. The written notice must identify the project and the reasons for deciding to use the CM/GC method. Acts 2013, ch. 366, § 1; 2019, ch. 106, § 1. Amendments. The 2019 amendment rewrote the section which read: “(a) This part shall be known and may be cited as the “Tennessee Department of Transportation Contracts for Construction Manager/General Contractor Services Pilot Program.”“(b) This part provides a pilot program that allows the department to engage in an alternative procurement procedure for certain transportation projects performed by the department of transportation.“(c) It is the intent of the general assembly in enacting this part to provide a pilot program to test the utilization of a construction manager/general contractor (CM/GC) method as a cost-effective and efficient option for constructing transportation projects.“(d) The CM/GC method allows the department to engage a construction manager during the design process to provide input on the design. During the design phase, the construction manager provides advice including, but not limited to, constructability review, scheduling, pricing, and phasing to assist the department to design a more efficient and well-designed project. The construction manager/general contractor may subsequently construct the project if the department and the CM/GC reach agreement on a guaranteed maximum price for construction.” Effective Dates. Acts 2013, ch. 366, § 2. July 1, 2014; provided, that, for the purpose of promulgating rules and regulations, the act took effect May 13, 2013. Acts 2019, ch. 106, § 11. April 11, 2019.