ORS 279C.332
Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380
(1)
“Affiliate” means a person that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person.(2)
“Construction manager/general contractor” means a person that provides construction manager/general contractor services to a contracting agency under a public improvement contract.(3)
Intentionally left blank —Ed.(a)
“Construction manager/general contractor services” means construction-related services that a contracting agency procures by means of an alternative contracting method under ORS 279C.335 (Competitive bidding requirement) and that:(A)
Include a construction manager/general contractor’s:(i)
Functioning as a member of a project team that includes the contracting agency, the architect or engineer that designs the public improvement under a separate contract with the contracting agency and other contractors and consultants; and(ii)
Reviewing and analyzing a design for a public improvement in order to:(I)
Suggest changes in the design that minimize potential errors, delays, unexpected costs and other problems during construction;(II)
Recommend means by which the contracting agency may achieve the functions of the public improvement or a component of the public improvement safely, reliably, efficiently and at the lowest overall cost;(III)
Improve the value and quality of the public improvement; and(IV)
Reduce the time necessary to complete the public improvement; and(B)
May include, depending on the specific terms of the public improvement contract and on whether the contracting agency decides to proceed with construction, a construction manager/general contractor’s:(i)
Devising a schedule for constructing the public improvement;(ii)
Estimating construction, materials, labor and other costs for the public improvement;(iii)
Establishing a fixed price, a guaranteed maximum price or other maximum price;(iv)
Constructing portions of the public improvement and subcontracting portions to other contractors;(v)
Coordinating and overseeing the construction process; or(vi)
Performing other services related to constructing a public improvement in accordance with the terms of the public improvement contract.(b)
“Construction manager/general contractor services” does not include services related to constructing a public improvement under the terms of:(A)
A public improvement contract that a contracting agency awards on the basis of a competitive bidding process that does not require an exemption under ORS 279C.335 (Competitive bidding requirement);(B)
A public improvement contract that results from a design-build procurement, as defined in rules the Attorney General or a contracting agency adopts under ORS 279A.065 (Model rules generally), and that is exempt from the competitive bidding requirement under ORS 279C.335 (Competitive bidding requirement);(C)
An energy savings performance contract;(D)
A public improvement contract for a transportation project that:(i)
Is exempt from the competitive bidding requirement under ORS 279C.335 (Competitive bidding requirement);(ii)
Requires the contractor to construct the project according to plans and specifications that a design professional provides under a separate contract with the contracting agency and without significant participation from the contractor; and(iii)
The contracting agency awards on the basis of the contracting agency’s evaluation of:(I)
The contractor’s qualifications, the price to perform the work on the project and the amount of time the contractor will take to perform the work; or(II)
The contractor’s qualifications, past experience with similar projects, the price to perform the work on the project and the contractor’s planned approach to the project; or(E)
A public improvement contract that is otherwise exempt or excepted from the competitive bidding requirement under ORS 279C.335 (Competitive bidding requirement).(4)
“Guaranteed maximum price” means the total price at which a construction manager/general contractor agrees to provide construction manager/general contractor services to a contracting agency in accordance with the terms and conditions and scope of work for a specific public improvement contract and within which are:(a)
All costs the contracting agency agrees to reimburse and all fees the contracting agency agrees to pay for completing the public improvement; and(b)
Any contingent costs, fees or other charges specifically identified in the public improvement contract. [2013 c.522 §2]
Source:
Section 279C.332 — Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380, https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html.
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