Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0690 - Construction Manager/General Contractor (CM/GC)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General. The CM/GC Method is a
			 technically complex project delivery system. Contracting Agencies shall use
			 this contracting method only with the assistance of legal counsel with
			 substantial experience and necessary expertise in using the CM/GC Method, as
			 well as knowledgeable staff, consultants or both staff and consultants who have
			 a demonstrated capability of managing the CM/GC process in the necessary
			 disciplines of engineering, construction scheduling and cost control,
			 accounting, legal, Public Contracting and project management. Unlike the
			 Design-Build form of contracting, the CM/GC Method does not contemplate a
			 "single point of responsibility" under which the CM/GC is responsible for
			 successful completion of all Work related to a performance Specification. The
			 CM/GC has defined contract obligations, including responsibilities as part of
			 the project team along with the Contracting Agency and design professional,
			 although with the CM/GC Method there is a separate contract between the
			 Contracting Agency and design professional. In order to utilize the CM/GC
			 Method, the Contracting Agency must be able to reasonably anticipate the
			 following types of benefits:
(a) Time
			 Savings. With the CM/GC Method, the Public Improvement has significant schedule
			 ramifications, such that concurrent design and construction are necessary in
			 order to meet critical deadlines and shorten the overall duration of
			 construction. The Contracting Agency may consider operational and financial
			 data that show significant savings or increased opportunities for generating
			 revenue as a result of early completion, as well as less disruption to public
			 facilities as a result of shortened construction periods;
(b) Cost Savings. With the CM/GC Method,
			 early CM/GC input during the design process is expected to contribute to
			 significant cost savings. The Contracting Agency may consider value
			 engineering, building systems analysis, life cycle costing analysis and
			 construction planning that lead to cost savings. The Contracting Agency shall
			 specify any special factors influencing this analysis, including high rates of
			 inflation, market uncertainty due to material and labor fluctuations or
			 scarcities, and the need for specialized construction expertise due to
			 technical challenges; or
(c)
			 Technical Complexity. With the CM/GC Method, the Public Improvement presents
			 significant technical complexities that are best addressed by a collaborative
			 or team effort between the Contracting Agency, design professionals, any
			 Contracting Agency project management or technical consultants and the CM/GC,
			 in which the CM/GC will assist in addressing specific project challenges
			 through pre-construction Personal Services. The Contracting Agency may consider
			 the need for CM/GC input on issues such as operations of the facility during
			 construction, tenant occupancy, public safety, delivery of an early budget or
			 GMP, financing, historic preservation, difficult remodeling projects and
			 projects requiring complex phasing or highly coordinated scheduling.