SENATE BILL 265

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Steve Komadina

AN ACT

RELATING TO PUBLIC WORKS; AMENDING THE PROCUREMENT CODE TO PERMIT STATE AND LOCAL PUBLIC BODIES TO ENTER INTO CONSTRUCTION MANAGEMENT SERVICES CONTRACTS WITH CONSTRUCTION MANAGERS AT RISK.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 13-1-40.1 NMSA 1978 (being Laws 1997, Chapter 171, Section 1) is amended to read:

     "[Section] 13-1-40.1. [DEFINITION] DEFINITIONS--CONSTRUCTION MANAGEMENT, [AND] CONSTRUCTION MANAGER AND CONSTRUCTION MANAGER AT RISK.--

          A. "Construction management" means consulting services related to the process of management applied to a public works project for any duration from conception to completion of the project for the purpose of controlling time, cost and quality of the project.

          B. "Construction manager" means a person who acts as an agent of the state agency or local public body for construction management of a public works project, for whom the state agency or local public body shall assume all the risks and responsibilities.

          C. "Construction manager at risk" means a person who:

                (1) acts as an agent of the state agency or local public body for construction management of a public works project;

                (2) cooperatively develops the project with the state or local public body and an architect;

                (3) guarantees a maximum price for the project and other costs and time schedules associated with the project to the state agency or local public body;

                (4) provides a performance bond or other surety satisfactory to the state agency or local public body to ensure that the guarantees are met; and

                (5) obtains bids from qualified subcontractors for services and materials not provided by that person."

     Section 2. Section 13-1-100.1 NMSA 1978 (being Laws 1997, Chapter 171, Section 3) is amended to read:

     "13-1-100.1. CONSTRUCTION CONTRACTS--CONSTRUCTION MANAGEMENT SERVICES.--

          A. A construction management services contract may be entered into with a construction manager or a construction manager at risk for any construction or state or local public works project when a state agency or local public body makes a determination that it is in the public's interest to utilize construction management services. Construction management services shall not duplicate and are in addition to the normal scope of separate architect or engineer contracts, the need for which may arise due to the complexity or unusual requirements of a project as requested by a state agency or local public body.

          B. To [insure] ensure fair, uniform, clear and effective procedures that will strive for the delivery of a quality project, on time and within budget, the secretary, in conjunction with the appropriate and affected professional associations and contractors, shall promulgate [regulations] rules, which shall be adopted by the governing bodies of all using agencies and shall be followed by all using agencies when procuring construction management services as authorized in Subsection A of this section.

          C. A state agency shall make the decision on a construction management services contract for a state public works project, and a local public body shall make that decision for a local public works project. A state agency shall not make the decision on a construction management services contract for a local public works project."

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