Section 6954 Of Chapter 6.6. Alternative Project Delivery Program: Construction Manager/general Contractor Authority From California Public Contract Code >> Division 2. >> Part 1. >> Chapter 6.6.
6954
. (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
Section 6955.