Section 103397 Of Article 12. Construction Manager/general Contractor Project Delivery Contracts From California Public Utilities Code >> Division 10. >> Part 15. >> Chapter 5. >> Article 12.
103397
. (a) If a contract for CMGC services is entered into
pursuant to this article and includes preconstruction services by the
construction manager, the district shall enter into a written
contract with the construction manager for preconstruction services,
under which the district shall pay the construction manager a fee for
preconstruction services in an amount agreed upon by the district
and the construction manager. The preconstruction services contract
may include fees for services to be performed during the contract
period; provided, however, the district 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 district 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 district 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 district 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.