DOT Construction Authority

The Public Contract Code, in Division 2, Part 1, Chapter 6.3, contains provisions related to construction manager and general contractor authority for the Department of Transportation.

Section 6700 provides for an alternative procurement procedure for certain transportation projects performed by the Department of Transportation. 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.

Section 6701 states that the Construction Manager/General Contractor method provided by this chapter may be used by the department when it is anticipated that the Construction Manager/General Contractor method will reduce project costs or expedite project completion in a manner that is not achievable through the design-bid-build method. The department may use the Construction Manager/General Contractor method for projects that have construction costs greater than $10,000,000.

In addition, on at least two-thirds of the projects delivered by the department utilizing the Construction Manager/General Contractor method provided by this chapter, the department is required to use department employees or consultants under contract with the department to perform all project design and engineering services related to design required for Construction Manager/General Contractor project delivery consistent with Article XXII of the California Constitution.

On all projects delivered by the department, the department must use department employees or consultants under contract with the department to perform all construction inspection services required for Construction Manager/General Contractor project delivery consistent with Article XXII of the California Constitution. Department resources, including personnel requirements, necessary to perform all services described in this subdivision are required to be included in the department’s capital outlay support program for workload purposes in the annual Budget Act.

Section 6702 defines the following terms: “construction manager,” “construction manager/general contractor method,” “department,” “preconstruction services,” and “project.”

Section 6703 requires the Construction Manager/General Contractor method projects to progress as set forth in this section. Section 6704 requires any construction manager that is selected to construct a project pursuant to this chapter to possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require.

Section 6705 requires all subcontractors bidding on contracts pursuant to this chapter to be afforded the protections of existing law. In addition, the construction manager is required to do three specified tasks.

Section 6706 authorizes the department to retain the services of a design professional or construction project manager, or both, throughout the course of the project in order to ensure compliance with this chapter.

Section 6707 requires contracts awarded pursuant to this chapter to be valid until the project is completed. Section 6708 specifies that nothing in this chapter is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law.