2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 1 - DEPARTMENT OF TRANSPORTATION (§§ 54-1-101 — 54-1-602) › Part 5 - TENNESSEE DEPARTMENT OF TRANSPORTATION CONTRACTS FOR CONSTRUCTION MANAGER/GENERAL CONTRACTOR SERVICES (§§ 54-1-501 — 54-1-507) › Section 54-1-502 - Part definitions

As used in this part:
(1)
"Authorized contingency" means the contingency prepared and submitted by the CM/GC as part of the GMP, which is designed to cover costs that may result from incomplete design, unforeseen and unpredictable conditions, or uncertainties within the defined project scope which a prudent CM/GC would not have reasonably detected or anticipated during the discharge of CM/GC's pre-construction duties;
(2)
"Commissioner" means the commissioner of transportation;
(3)
"Construction manager/general contractor" or "CM/GC" means a business firm or joint venture, separate from the project designer, that is able to provide pre-construction services during the design and development phase of a transportation project, including, but not limited to, constructability review, scheduling, pricing, and phasing, and is able to construct the project if the department and firm or joint venture agree to a guaranteed maximum price;
(4)
"Construction manager/general contractor method" or "CM/GC method" means a project delivery method in which a construction manager is procured to provide pre-construction services and the CM/GC may subsequently construct the project, or any part of the project, if the department and the firm reach agreement on a guaranteed maximum price;
(5)
"Department" means the department of transportation;
(6)
"Design-builder" means a business firm or joint venture that is able to provide both design and construction services for a transportation project, including, but not limited to, design, right-of-way acquisition, or utility relocation, as well as construction of the project;
(7)
"Guaranteed maximum price" or "GMP" means the total dollar amount within which the CM/GC commits to complete construction of the project, or the PDB commits to complete the final design and construction of the project, including the CM/GC's or PDB's direct costs, overhead, and profit, plus any authorized contingency. The GMP may be supplemented at a later date to cover additional costs arising from changes in the scope of work as the department may subsequently direct in writing;
(8)
"Pre-construction services" may include, but not be limited to, cost estimates, schedule analysis, sequencing of work, risk identification and mitigation, constructability reviews, evaluation of alternative construction options, assistance with various permits, coordination with public or private utility service providers, communication with third-party stakeholders and/or the public, development of a GMP, and any directly related or similar services as may be necessary or useful to assist the department with the design and development of a project to the construction phase;
(9)
"Progressive design-builder" or "PDB" means a design-builder that is able to provide pre-construction services during the preliminary design and development phase of a transportation project, including, but not limited to, constructability review, scheduling, pricing, and phasing, and is able to complete the final design and construct the project if the department and the design-builder agree to a guaranteed maximum price; and
(10)
"Progressive design-build method" or "PDB method" means a transportation project delivery method in which the department procures a design-builder to provide pre-construction services and may subsequently complete the final design and construct the project, or part of the project, if the department and the design-builder reach agreement on a guaranteed maximum price.
Amended by 2023 Tenn. Acts, ch. 159, s 6, eff. 4/17/2023.
Amended by 2023 Tenn. Acts, ch. 159, s 5, eff. 4/17/2023.
Amended by 2023 Tenn. Acts, ch. 159, s 4, eff. 4/17/2023.
Acts 2013, ch. 366, § 1.