Chapter 6.7. Construction Manager/general Contractor Method: Regional Projects On Expressways of California Public Contract Code >> Division 2. >> Part 1. >> Chapter 6.7.
(a) This chapter provides for an alternative procurement
procedure for certain transportation projects performed by a regional
(b) The Construction Manager/General Contractor method allows the
regional transportation agency to engage a construction manager
during the design process to provide input on the design. During the
design phase, the construction manager provides advice including, but
not limited to, scheduling, pricing, and phasing to assist the
agency to design a more constructible project.
(c) The Legislature finds and declares that utilizing a
Construction Manager/General Contractor method requires a clear
understanding of the roles and responsibilities of each participant
in the process. The Legislature also finds and declares that
cost-effective benefits are achieved by shifting the liability and
risk for cost containment and project schedule to the construction
manager and by permitting the coherent phasing of projects into
discrete contract increments.
For purposes of this chapter, the following definitions
(a) "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
Construction Manager/General Contractor method contract.
(b) "Construction Manager/General Contractor method" means a
project delivery method 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 contract for construction services may be entered
into at the same time as the contract for preconstruction services,
or at a later time. The execution of the design and the construction
of the project may be in sequential phases or concurrent phases.
(c) "Preconstruction services" means advice during the design
phase, including, but not limited to, scheduling, pricing, and
phasing to assist the regional transportation agency to design a more
(d) "Project" means the construction of an expressway that is not
on the state highway system.
(e) "Regional transportation agency" means any of the following:
(1) A transportation planning agency described in Section 29532 or
29532.1 of the Government Code.
(2) A county transportation commission established under Section
130050, 130050.1, or 130050.2 of the Public Utilities Code.
(3) Any other local or regional transportation entity that is
designated by statute as a regional transportation agency.
(4) A joint exercise of powers authority established pursuant to
Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code, with the consent of a transportation planning
agency or a county transportation commission for the jurisdiction in
which the transportation project will be developed.
(5) A local transportation authority created or designated
pursuant to Division 12.5 (commencing with Section 131000) or
Division 19 (commencing with Section 180000) of the Public Utilities
(6) The Santa Clara Valley Transportation Authority established
pursuant to Part 12 (commencing with Section 100000) of Division 10
of the Public Utilities Code.
(a) A regional transportation agency may utilize the
Construction Manager/General Contractor method of procurement to
design and construct projects if the projects are developed in
accordance with an expenditure plan approved by voters.
(b) A regional transportation agency may enter into a Construction
Manager/General Contractor contract pursuant to this chapter after
evaluation of the traditional design-bid-build method of construction
and of the Construction Manager/General Contractor method and the
board of the regional transportation agency affirmatively adopts the
procurement strategy in a public meeting.
(c) The entity responsible for the maintenance of the local
streets and roads within the jurisdiction of the expressway shall be
responsible for the maintenance of the expressway.
Construction Manager/General Contractor method projects
authorized pursuant to Section 6972 shall be governed by the same
process, procedures, and requirements as set forth in Section 6703,
subdivision (a) of Section 6704, and Sections 6705 to 6708,
inclusive, except that any reference to "department" shall mean the
regional transportation agency.
(a) Upon completion of a project using the Construction
Manager/General Contractor method, the regional transportation agency
shall prepare a progress report to its governing body. The progress
report shall include, but not be limited to, all of the following
(1) A description of the project.
(2) The name of 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
required by this chapter.
(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 Construction Manager/General
Contractor method authorized by this chapter.
(b) The progress report shall be made available on the regional
transportation agency's Internet Web site.