28-7361. Definitions

In this article, unless the context otherwise requires:

1. " Architect services" means those professional architect services that are within the scope of architectural practice as provided in title 32, chapter 1.

2. " Construction-manager-at-risk" means a project delivery method in which:

(a) There is a contract for construction services that is separate from the contract for design services, except that instead of a single contract for construction services, the department may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services.

(b) Design services are performed under a separate design services contract, except that as to bridges and other transportation facilities the department may perform with its own employees or force account preliminary design and either:

(i) In the case of bridges only, all design services up to final design.

(ii) In the case of other transportation facilities, up to twenty per cent of the design work.

(c) The contract for construction services may be entered into at the same time as the design services are commenced or at a later time.

(d) Design and construction of the project may be either:

(i) Sequential with the entire design complete before construction commences.

(ii) Concurrent with the design produced in two or more phases and construction of some phases commencing before the entire design is complete.

(e) Finance services, maintenance services, operations services, preconstruction services and other related services may be included.

3. " Construction services" means either of the following for construction-manager-at-risk and job-order-contracting project delivery methods:

(a) Construction, excluding services, through the construction-manager-at-risk or job-order-contracting project delivery methods.

(b) A combination of construction and, as elected by the department, one or more related services, such as finance services, maintenance services, operations services, design services and preconstruction services, as those services are authorized in the definition of construction-manager-at-risk or job-order-contracting.

4. " Contract" means all types of department agreements, regardless of what they are called, for procurements pursuant to this article.

5. " Contractor" means any person who has a contract with the department.

6. " Design-build" means the process of entering into and managing a contract between the department and another party in which the other party agrees to both design and build a highway, a structure, a facility or other items specified in the contract.

7. " Design-builder" means any individual, partnership, joint venture, corporation or other legal entity that is appropriately licensed in this state and that furnishes the necessary design services, in addition to construction of the work, whether by itself or through subcontracts, including subcontracts for architectural and engineering services.

8. " Design services" means architect services, engineer services or landscape architect services.

9. " Emergency" means an immediate threat to public health, welfare or safety caused by flood, earthquake, hurricane, tornado, explosion, fire or other catastrophe such that compliance with normal bidding procedures for repair or reconstruction of transportation facilities would be impracticable or contrary to the public interest.

10. " Engineer services" means those professional engineer services that are within the scope of engineering practice as provided in title 32, chapter 1.

11. " Finance services" means financing for a construction services project.

12. " Job-order-contracting" means a project delivery method in which:

(a) The contract is for indefinite quantities of construction and, at the election of the department, may or may not include a guaranteed minimum amount of work.

(b) The construction to be performed is specified in job orders issued during the contract.

(c) Finance services, maintenance services, operations services, preconstruction services, design services and other related services may be included.

13. " Landscape architect services" means those professional landscape architect services that are within the scope of landscape architectural practice as provided in title 32, chapter 1.

14. " Maintenance services" means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property.

15. " Operations services" means routine operation of existing facilities, structures, buildings or real property.

16. " Person" means any corporation, business, individual, union, committee, club, other organization or group of individuals.

17. " Preconstruction services" means services and other activities during the design phase.

18. " Specific single project" means a project that is constructed at a single location, at a common location or for a common purpose.

19. " Subcontractor" means a person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with the department.