19-11-1403. Definitions.

19-11-1403. Definitions. As used in this subchapter: (1) “Authorized contingency” means a provision prepared and submitted by the construction manager-general contractor as part of the guaranteed maximum price that is designed to cover costs that may result from: (A) Incomplete design; (B) Unforeseen and unpredictable conditions; or (C) Uncertainties within the defined transportation project scope that a prudent construction manager would not have reasonably detected or anticipated during the discharge of his or her preconstruction duties; (2) “Construction manager-general contractor” means a business firm or a legal entity selected by the Director of State Highways and Transportation to act as a construction manager to provide preconstruction services during the design and development phase of a transportation project; (3) “Construction manager-general contractor method” means a transportation project delivery method using a best value procurement process in which a construction manager is procured to provide preconstruction services and may subsequently construct the whole transportation project or any part of the transportation project as the general contractor if the Arkansas Department of Transportation and the construction manager-general contractor reach an agreement on a guaranteed maximum price; (4) “Guaranteed maximum price” means: (A) The total dollar amount agreed to by the construction manager-general contractor to complete the construction of the transportation project, including without limitation the construction manager-general contractor's: (i) Direct costs; (ii) Overhead; (iii) Profit; and (iv) Any authorized contingency; and (B) Any dollar amount added to the total dollar amount of the transportation project submitted under subdivision (4)(A) of this section to cover additional costs arising from changes in the scope of work as the department may subsequently direct in writing; (5) “Preconstruction services” means work, labor, or services, including services furnished in connection with the design and development of a transportation project before the construction phase, including without limitation: (A) Cost estimates; (B) Schedule analysis; (C) Sequencing of work; (D) Risk identification and mitigation; (E) Constructability reviews; (F) Evaluation of alternative construction options; (G) Assistance with various permits; (H) Coordination with public or private utility service providers; (I) Communication with third-party stakeholders or the public; and (J) Development of a guaranteed maximum price; and (6) “Request for proposals” means a document or publication soliciting proposals for a contract for construction of a transportation project between a construction manager-general contractor and the department.