5-18B-43. Criteria for construction manager engagement.
Unless the construction manager-agent is an employee of the purchasing agency and provides the construction management services pursuant to such employment, no purchasing agency may engage the services of a construction manager except as follows:
(1)The purchasing agency shall first make the following determinations:
(a)That it is in the public interest to utilize the services of a construction manager; and
(b)That the construction management services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts;
(2)Notwithstanding any other provisions of this chapter, no construction manager may contract to perform actual construction on the project, except as follows:
(a)The construction manager may perform general conditions of the construction contract as required by the owner;
(b)The construction manager is a construction manager-at-risk and was solicited through a qualification-based request for proposals method of procurement as provided in §5-18B-44 and the construction manager-at-risk, for any actual construction contracted by the construction manager-at-risk to be performed on the project, provides payment and performance bonds and competitively bids the work as required by any statute governing bidding and bonding for public improvement projects;
(c)Pursuant to a contract awarded on an emergency basis, pursuant to §5-18A-9; or
(d)Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9); and
(3)No person, firm, or corporation may act as a construction manager-agent and also as a contractor on any public improvement, except as follows:
(a)Pursuant to a contract awarded on an emergency basis, pursuant to §5-18A-9; or
(b)Pursuant to a contract negotiated pursuant to subdivision 5-18A-5(9).
Source: SL 2010, ch 31, §82.