Article 12 - Construction Manager/General Contractor Project Delivery Contracts

California Public Utilities Code — §§ 103394-103399.1

Sections (8)

Added by Stats. 2013, Ch. 320, Sec. 2. (AB 797) Effective January 1, 2014.

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.

§ 103395

Added by Stats. 2013, Ch. 320, Sec. 2. (AB 797) Effective January 1, 2014.

(a)Subject to the limitations of this article, the district may utilize the CMGC project delivery method for public transit projects within its jurisdiction.

(b)The district 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 district 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

district 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 project.

§ 103396

Repealed and added by Stats. 2014, Ch. 28, Sec. 87. (SB 854) Effective June 20, 2014.

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.

§ 103397

Added by Stats. 2013, Ch. 320, Sec. 2. (AB 797) Effective January 1, 2014.

(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.

§ 103398

Added by Stats. 2013, Ch. 320, Sec. 2. (AB 797) Effective January 1, 2014.

Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.

§ 103399

Added by Stats. 2013, Ch. 320, Sec. 2. (AB 797) Effective January 1, 2014.

(a)Upon completion of a project using the CMGC project delivery method, the district 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 district’s Internet Web site.

§ 103399.1

Added by Stats. 2013, Ch. 320, Sec. 2. (AB 797) Effective January 1, 2014.

(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.

§ 103399.10

Added by Stats. 2025, Ch. 310, Sec. 1. (SB 272) Effective January 1, 2026. Repealed as of January 1, 2032, pursuant to Section 103399.11.

(a)The district shall submit to the appropriate policy and fiscal committees of the Legislature, on or before January 1, 2030, a report on the use of job order contracting under this article. The report shall include, but shall not be limited to, all of the following information:

(1)A description of the district’s system for evaluating job order contract bids for award of job order contracts, including, but not limited to, the criteria used by the district to determine a qualified and responsive job order contractor.

(2)A description of each job order contract awarded and the contractor awarded the

contract.

(3)An assessment of the use of job order contracting under this article.

(b)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.