Section 8.683

Title II SOVEREIGNTY, JURISDICTION AND EMBLEMS

Chapter 8

Effective - 28 Aug 1993   

  8.683.  Duties of successful construction manager obtaining contract. — Upon award of a construction management services contract, the successful construction manager shall contract with the public owner to furnish his skill and judgment in cooperation with, and reliance upon, the services of the project architect or engineer.  The construction manager shall furnish business administration, management of the construction process and other specified services to the public owner and shall perform in an expeditious and economical manner consistent with the interest of the public owner.  Should the public owner determine it to be in the public's best interest, the construction manager may provide or perform basic services for which reimbursement is provided in the general conditions to the construction management services contract.  The construction manager shall not, however, be permitted to bid on or perform any of the actual construction on a public works project in which he is acting as construction manager, nor shall any construction firm which controls, is controlled by, or shares common ownership or control with, the construction manager be allowed to bid on or perform work on such project.  The actual construction work on the project shall be awarded by competitive bidding as provided by law.  All successful bidders shall contract directly with the public owner, but shall perform at the direction of the construction manager unless otherwise provided in the construction manager's contract with the public owner.  All successful bidders shall provide payment and performance bonds to the public owner.  All successful bidders shall meet all the obligations of a prime contractor to whom a contract is awarded, pertaining to the payment of prevailing wages pursuant to sections 290.210 to 290.340.  In addition, all nonresident employers shall meet the bonding and registration requirements of sections 285.230 to 285.234.

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(L. 1993 S.B. 241 § 1 subsec. 5)