SECTION 260:65-17-2. Definitions  


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  •   The following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise:
    "Administrator" means the State Construction Administrator of the Construction and Properties Department of the Office of Management and Enterprise Services.
    "Construction Management" (CM) means the project delivery method based on an agreement whereby the state acquires from a construction entity a series of services that can include, but are not necessarily limited to: design review, scheduling, cost control, value engineering, constructability evaluation, preparation and coordination of bid packages, and construction administration. Construction management includes:
    (A)   "Construction Management/Agency" (CMa) whereby the construction entity applies appropriate management techniques to project planning, design and construction for the purpose of controlling time, cost and quality for the state without taking on financial risks for the execution of the actual construction. CMa services could include a range of management and/or consulting services spanning all phases of the design and construction process from conception to completion of the construction project.
    (B)   "Construction Management/At-Risk" (CMc) whereby the construction entity, after providing construction management/agency services listed in (a) of this section during the pre-construction period, takes on the financial obligation to carry out construction under a specified cost agreement.
    "Construction Manager" means a person, properly certified in accordance with 20-17-3, who acts as an agent of the state for a construction project; who coordinates and manages the construction process; who is a member of the construction team with the state, design professional and other consultants that may be required for the project; and who utilizes skill and knowledge of general contracting to assist in the development of schedules, preparation of project construction estimates, study of labor conditions and provides advice concerning construction, safety and other issues related to the project that may surface. Issues may include, but are not limited to, monitoring progress, payments, changes and other factors affecting cost or as may otherwise be specified in the solicitation issued by the state agency.
    "Consultant" means an individual or legal entity possessing the qualifications to provide licensed architectural, registered engineering, or registered land surveying services or possessing specialized credentials and qualifications as may be needed to plan or design for any construction or public work improvement project. [61 O.S., §202]
    "Director" means the Director of the Office of Management and Enterprise Services.
    "Department" means the Construction and Properties Department of the Office of Management and Enterprise Services.
    "Guaranteed Maximum Price" (GMP) shall be the sum of the estimated cost of the work as defined in the contract and includes all of the contractor's fees and agreed upon contingencies.
    "Notice to Proceed" shall be the formal written notice, by letter, informing the Construction Manager that the Guaranteed Maximum Price (GMP) is approved and the construction management services advance to the next phase.
    "State agency" means all agencies, boards, commissions, offices, institutions, and other governmental bodies as defined in 61 O.S., Section 202.
[Source: Added at 31 Ok Reg 1423, eff 9-12-14]