Chapter 6.6. Alternative Project Delivery Program: Construction Manager/general Contractor Authority of California Public Contract Code >> Division 2. >> Part 1. >> Chapter 6.6.
The Legislature finds and declares all of the following:
(a) The alternative public works project delivery methods
authorized under this chapter should be evaluated for the purposes of
exploring whether the potential exists for reduced project costs,
expedited project completion, or design features that are not
achievable through the traditional project delivery methods.
(b) The design sequencing and Construction Manager/General
Contractor project delivery methods rely on existing design-bid-build
and design-build procurement methods respectively and have been
successfully used by both public and private sector entities in
California and other states for over a decade on projects that
require a quick startup as they allow construction to begin before
the design plans are complete for the entire project.
(c) Both methods also have the benefit of allowing for earlier
collaboration between the project owner and construction contractor.
(d) This chapter shall not be deemed to provide a preference for
these project delivery methods over other delivery methodologies.
For purposes of this chapter, the following definitions
(a) "Alternative project delivery method" means either
Construction Manager/General Contractor method or design sequencing.
(b) "Construction Manager/General Contractor method" or "CMGC"
means a project delivery method using a best value procurement
process in which a construction manager is procured to provide
preconstruction services during the design phase of the project and
construction services during the construction phase of the project.
The execution of the design and the construction of the project may
be in sequential phases or concurrent phases.
(c) "Construction manager" means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting and engineering services as needed pursuant to a CMGC
(d) "Design sequencing" means a method of project delivery that
enables the sequencing of design activities to permit each
construction phase to commence when the design for that phase is
complete, instead of requiring design for the entire project to be
completed before commencing construction.
(e) "Department" means the Department of Transportation as
established under Part 5 (commencing with Section 14000) of Division
3 of the Government Code.
(f) "San Diego Association of Governments" means the consolidated
agency created pursuant to Chapter 3 (commencing with Section 132350)
of Division 12.7 of the Public Utilities Code.
(a) Subject to the limitations of this chapter, the San Diego
Association of Governments may utilize the alternative project
delivery methods for public transit projects within the jurisdiction
of the San Diego Association of Governments.
(b) The San Diego Association of Governments may enter into an
alternative project delivery method contract pursuant to this chapter
if, after evaluation of the traditional design-bid-build process of
construction and of the alternative project delivery method in a
public meeting, the San Diego Association of Governments makes a
written finding that use of the alternative project delivery method
on the specific project under consideration will accomplish one or
more of the following objectives: reduce project costs, expedite the
project's completion, or provide features not achievable through the
design-bid-build method. This finding must be made prior to the San
Diego Association of Governments entering into an alternative project
delivery method contract. In the alternative project delivery method
proposal, the written findings shall be included as part of any
application for state funds pursuant to this chapter.
Any public works project that is contracted for pursuant to
this chapter shall be subject to the requirements of Section 1771.4
of the Labor Code.
(a) If a contract for CMGC services is entered into pursuant
to this chapter and includes preconstruction services by the
construction manager, the San Diego Association of Governments shall
enter into a written contract with the construction manager for
preconstruction services, under which the San Diego Association of
Governments shall pay the construction manager a fee for
preconstruction services in an amount agreed upon by the San Diego
Association of Governments and the construction manager. The
preconstruction services contract may include fees for services to be
performed during the contract period; provided, however, the San
Diego Association of Governments shall not request or obtain a fixed
price or a guaranteed maximum price for the construction contract
from the construction manager or enter into a construction contract
with the construction manager until after the San Diego Association
of Governments has entered into a services contract. A
preconstruction services contract shall provide for the subsequent
negotiation for construction of all or any discrete phase or phases
of the project and shall provide for the San Diego Association of
Governments to own the design plans and other preconstruction
services work product.
(b) A contract for construction services will be awarded after the
plans have been sufficiently developed and either a fixed price or a
guaranteed maximum price has been successfully negotiated. In the
event that a fixed price or a guaranteed maximum price is not
negotiated, the San Diego Association of Governments may award the
contract for construction services utilizing any other procurement
method authorized by law.
(c) The construction manager shall perform not less than 30
percent of the work covered by the fixed price or guaranteed maximum
price agreement reached. Work that is not performed directly by the
construction manager shall be bid to subcontractors pursuant to
All subcontractors bidding on contracts pursuant to this
chapter shall be afforded the protections contained in Chapter 4
(commencing with Section 4100).
Nothing in this chapter affects, expands, alters, or limits
any rights or remedies otherwise available at law.
(a) Upon completion of a project using an alternative project
delivery method, the San Diego Association of Governments shall
prepare a progress report to its governing body. The progress report
shall include, but shall not be limited to, all of the following
(1) A description of the project.
(2) The entity that was awarded the project.
(3) The estimated and actual costs of the project.
(4) The estimated and actual schedule for project completion.
(5) A description of any written protests concerning any aspect of
the solicitation, bid, proposal, or award of the project, including,
but not limited to, the resolution of the protests.
(6) An assessment of the prequalification process and criteria
utilized under this chapter if the CMGC procurement method is used.
(7) A description of the method used to evaluate the bid or
proposal, including the weighting of each factor and an assessment of
the impact of this requirement on a project.
(8) A description of any challenges or unexpected problems that
arose during the construction of the project and a description of the
solutions that were considered and ultimately implemented to address
those challenges and problems.
(9) Recommendations to improve the alternative project delivery
methods authorized under this chapter.
(b) The progress report shall be made available on the San Diego
Association of Governments' Internet Web site.
(a) The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
(b) Contracts awarded pursuant to this section shall be valid
until the project is completed.