A. The secretary may use a construction manager general contractor delivery method on a project if the department makes a written determination that it is appropriate and in the best interest of the department to use this method of project delivery to procure an eligible project. The determination to use the construction manager general contractor delivery method shall be issued only after the department considers the following criteria, at a minimum:

Terms Used In New Mexico Statutes 13-1-122.3

  • Contract: A legal written agreement that becomes binding when signed.

(1)     the level of design and the extent to which the project requirements have been or can be adequately defined;

(2)     time constraints for project delivery; (3)     project complexity;

(4)     the suitability of use of the construction manager general contractor delivery method; and

(5)     the capability of the department to manage the project, including experienced personnel or outside consultants.

B. The secretary shall not make a determination to use a construction manager general contractor delivery method unless the project is posted with such determination on the department’s website for at least ninety days.

C. The secretary, in consultation with the professional associations and contractors from within the highway design and construction industry, shall promulgate rules for solicitation and award of construction manager general contractor contracts. The rules shall establish criteria for selecting, procuring and contracting a project using the construction manager general contractor delivery method. The rules shall define the scope of the construction manager general contractor contract to require the construction manager general contractor to:

(1)     provide a range of preconstruction services and participate in project design, cost control, scheduling and value engineering efforts for the project; and

(2)     if the second phase of the contract is entered into, provide the construction work for the project or work packages associated with the project at a guaranteed maximum price for which the construction manager general contractor is financially responsible.