Utah Admin. Code R23-1-1304 - Methods of Construction Contract Management
(1) This rule contains provisions applicable
to the selection of the appropriate type of construction contract
management.
(2) It is intended that
the director have sufficient flexibility in formulating the construction
contract management method for a particular project to fulfill the needs of the
division. The methods for achieving the purposes set forth in this rule are not
to be construed as an exclusive list.
(3) Before choosing the construction
contracting method to use, a careful assessment must be made by the director of
the requirements the project. The director shall consider, at a minimum, the
following factors:
(a) when the project must
be ready to be occupied;
(b) the
type of project, for example, housing, offices, labs, heavy or specialized
construction;
(c) the extent to
which the requirements of the division and the way in which they are to be met
are known;
(d) the location of the
project;
(e) the size, scope,
complexity, and economics of the project;
(f) the amount and type of financing
available for the project, including whether the budget is fixed or what the
source of funding is, for example, general or special appropriation, federal
assistance moneys, general obligation bonds or revenue bonds, lapsing or
nonlapsing status and legislative intent language;
(g) the availability, qualification, and
experience of the division 's personnel to be assigned to the project and how
much time the division 's personnel can devote to the project;
(h) the availability, qualifications and
experience of outside consultants and contractors to complete the project under
the various methods being considered;
(i) the results achieved on similar projects
in the past and the methods used; and
(j) the comparative advantages and
disadvantages of the construction contracting method and how they might be
adapted or combined to fulfill the needs of the using agencies.
(5) The following descriptions are
provided for the more common construction contracting management methods which
may be used by the division . The methods described are not all mutually
exclusive and may be combined on a project. These descriptions are not intended
to be fixed in respect to all construction projects. In each project, these
descriptions may be adapted to fit the circumstances of that project.
(a) Single Prime (General) Contractor. The
single prime general contractor method is typified by one business, acting as a
general contractor, contracting with the division to timely complete an entire
construction project in accordance with drawings and specifications provided by
the division . Generally, the drawings and specifications are prepared by an
architectural or engineering firm under contract with the division . Further,
while the general contractor may take responsibility for successful completion
of the project, much of the work may be performed by specialty contractors with
whom the general contractor has entered into subcontracts.
(b) Design-Build. In a design-build project,
an entity, often a team of a general contractor and a designer, contract
directly with the division to meet the division 's requirements as described in
a set of performance specifications or a program. Design responsibility and
construction responsibility both rest with the design-build contractor. This
method can include instances where the design-build contractor supplies the
site as part of the package.
(c)
Construction Manager/General Contractor (Construction Manager at Risk). The
division may contract with the construction manager early in a project to
assist in the development of a cost-effective design. In a Construction
Manager/General Contractor (CM/GC) method, the CM/GC becomes the general
contractor and is at risk for all the responsibilities of a general contractor
for the project, including meeting the specifications, complying with
applicable laws, rules, and regulations, that the project will be completed on
time and will not exceed a specified maximum price.
Notes
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