“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.
“Construction manager/general contractor” means a person that provides construction manager/general contractor services to a contracting agency under a public improvement contract.
(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) and that:
Include a construction manager/general contractor’s:
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
Reviewing and analyzing a design for a public improvement in order to:
Suggest changes in the design that minimize potential errors, delays, unexpected costs and other problems during construction;
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
Reduce the time necessary to complete the public improvement; and
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:
Devising a schedule for constructing the public improvement;
Estimating construction, materials, labor and other costs for the public improvement;(iii) Establishing a fixed price, a guaranteed maximum price or other maximum price;
Constructing portions of the public improvement and subcontracting portions to other contractors;
Coordinating and overseeing the construction process; or
Performing other services related to constructing a public improvement in accordance with the terms of the public improvement contract.
“Construction manager/general contractor services” does not include services related to constructing a public improvement under the terms of:
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);
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:
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
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
“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:
All costs the contracting agency agrees to reimburse and all fees the contracting agency agrees to pay for completing the public improvement; and