Many school districts are moving forward with capital projects large and small in the coming months. At both ends of the spectrum, many districts are hoping to gain financial and logistical benefits by engaging construction managers / general contractors (“CM/GC”) early in the process. This is a great time to discuss some good practices to keep in mind with these types of projects.
If the district is involved in the procurement phase of a CM/GC process, you must keep in mind that different rules apply than in the traditional design-bid-build phase. First and foremost, the district should make sure to follow the requirements of Oregon Revised Statute (ORS) 279C.337 to the letter. This statute requires that the school district conduct certain investigations, and that the school board make certain express findings on the record, in order to prepare a CM/GC request for proposals for publication. These include establishing criteria for evaluating proposals, identifying the anticipated savings and efficiencies from employing the CM/GC process, and confirming the rules that the district will follow in the process.
Next, the district should familiarize itself with the model rules adopted by the Attorney General under ORS 279A.065. The district should confirm the rules under Oregon Administrative Rules (OAR) 137-049-0600 and following. Here, there is little room for improvisation. Generally, the district should simply make sure to work its way through all of the detailed requirements of the statutes and rules, and ensure compliance.
After a provider is identified, the district has greater leeway to customize the terms of the work and the relationship between the construction manager / general contractor, as well as the rest of the project team, which may consist of the district, and owner’s representative, an architect, and perhaps other professionals. Here, the district’s priority should be to clearly delineate the responsibilities of each party, and the specific cycle for a project. By taking the time to negotiate a workflow among all of the project team members who guide design and planning squarely through the process, from one professional to the next and back again through the cycle, the district will make sure no party steps on another party’s toes. This not only ensures the orderly flow of feedback and integration into the next iteration of the process, but also ensures that each team member gets to have their rightful say on their respective parts of the project.