Article 4. Construction Manager/general Contractor Project Delivery Contracts of California Public Utilities Code >> Division 10. >> Part 12. >> Chapter 5. >> Article 4.
For purposes of this article, the following terms shall
have the following meanings:
(a) "Construction Manager/General Contractor method" or "CMGC"
means the Construction Manager/General Contractor method as defined
in subdivision (b) of Section 6951 of the Public Contract Code.
(b) "Construction manager" means a construction manager as defined
in subdivision (c) of Section 6951 of the Public Contract Code.
(a) Subject to the limitations of this article, the
authority may utilize the CMGC project delivery method for public
transit projects within its jurisdiction.
(b) The authority may enter into a CMGC project delivery method
contract pursuant to this article if, after evaluation of the
traditional design-bid-build process of construction and of the CMGC
project delivery method in a public meeting, the authority makes a
written finding that use of the CMGC 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 shall be made prior to the
authority entering into a CMGC project delivery method contract. In
the CMGC project delivery method proposal, the written findings shall
be included as part of an application for state funds for a transit
Any public works project that is contracted for pursuant to
this article 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 article and includes preconstruction services by the
construction manager, the authority shall enter into a written
contract with the construction manager for preconstruction services,
under which the authority shall pay the construction manager a fee
for preconstruction services in an amount agreed upon by the
authority and the construction manager. The preconstruction services
contract may include fees for services to be performed during the
contract period; provided, however, the authority 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
authority 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 authority 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 authority 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
Section 6955 of the Public Contracts Code.
Nothing in this article affects, expands, alters, or limits
any rights or remedies otherwise available at law.
(a) Upon completion of a project using the CMGC project
delivery method, the authority shall prepare a progress report to the
board of directors. The progress report shall include, but shall not
be limited to, all of the following information:
(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 article.
(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 CMCG project delivery method
authorized under this article.
(b) The progress report shall be made available on the authority's
Internet Web site.
(a) The provisions of this article are severable. If any
provision of this article 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 article shall be valid
until the project is completed.