Section 3. (a) Before procuring the services of a designer pursuant to subsection (b) and prior to submitting an application to use the construction management at risk delivery method pursuant to section 4, the public agency shall procure or otherwise employ the services of an owner's project manager pursuant to section 44A.5 of chapter 149. The owner's project manager may assist the public agency in the procurement of the designer.
(b) Before submitting an application to use the construction management at risk delivery method pursuant to section 4, the public agency shall procure the services of a designer for the building project. In procuring the services of a designer, the public agency shall do so in a manner consistent with sections 38A.5 to 39O, inclusive, of chapter 7. The designer procured by the public agency shall be independent of the owner's project manager and the construction management at risk firm.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XXI - Labor and Industries
Chapter 149a - Public Construction Alternative Delivery Methods
Section 1 - Construction Management at Risk Delivery Method; Notice
Section 2 - Definitions Applicable to Secs. 1 to 9
Section 3 - Owner's Project Manager; Designer
Section 4 - Detailed Application; Notice to Proceed; Exempt Agencies
Section 7 - Cost-Plus Not to Exceed Guaranteed Maximum Price Form of Contract
Section 10 - Applicability of Other Laws
Section 11 - Definition of Terms From Other Laws
Section 12 - Regulations and Procedures
Section 14 - Design Build Contracts
Section 15 - Further Definitions
Section 16 - Detailed Application for Design Build Contract; Exempt Agencies
Section 17 - Design Build Contract Selection Process
Section 18 - Design Professional; Scope of Work Statement
Section 19 - Design Build Contracts; Request for Proposals; Bid Deposit
Section 20 - Best-Value or Low-Bid Basis for Evaluation and Selection
Section 21 - Regulations and Guidelines for Design Build Contracts