Article 1.1 - Construction Manager/General Contractor Procurement Method for the Department of Water Resources

California Public Contract Code — §§ 10112-10112.10

Sections (3)

Added by Stats. 2021, Ch. 247, Sec. 1. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 10112.10.

(a)This article provides for an alternative procurement procedure for certain projects performed by the Department of Water Resources.

(b)(1) It is the intent of the Legislature in enacting this article to authorize the Department of Water Resources to utilize the Construction Manager/General Contractor method as a cost-effective option for constructing water resources projects.

(2)The Construction Manager/General Contractor method allows the department 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 department 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.

§ 10112.1

Added by Stats. 2021, Ch. 247, Sec. 1. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 10112.10.

As used in this article:

(a)“Construction manager” means a partnership, corporation, or other legal entity that is a licensed contractor pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code and 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)“Department” means the Department of Water Resources.

(d)“Preconstruction services” means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the department to design a more constructible project.

(e)“Project” means public works necessary for the construction, maintenance, or operation of elements of State Water Facilities, as defined in Section

12934 of the Water Code.

§ 10112.10

Added by Stats. 2021, Ch. 247, Sec. 1. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, by its own provisions. Note: Repeal affects Article 1.1, commencing with Section 10112.

(a)The authority to perform water resources projects pursuant to this article is for no more than seven

projects.

(b)This article shall remain in effect until January 1, 2033, and as of that date is repealed.