AB 1171, as introduced, Linder. Construction Manager/General Contractor method: regional transportation agencies: projects on expressways.
Existing law generally sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by local agencies for public works contracts. Existing law authorizes the Department of Transportation, the Santa Clara County Valley Transportation Authority, and the San Diego Association of Governments to use the Construction Manager/General Contractor project delivery method for transit projects within their respective jurisdictions, subject to certain conditions and requirements.
This bill would authorize regional transportation agencies, as defined, to use the Construction Manager/General Contractor project delivery method, as specified, to design and construct certain projects on expressways that are not on the state highway system if the projects are developed in accordance with an expenditure plan approved by voters as of January 1, 2014. The bill would require specified information provided to a regional transportation agency to be verified under oath. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Chapter 6.7 (commencing with Section 6970) is
2added to Part 1 of Division 2 of the Public Contract Code, to read:
3
(a) This chapter provides for an alternative procurement
8procedure for certain transportation projects performed by a
9regional transportation agency.
10(b) The Construction Manager/General Contractor method
11allows the regional transportation agency to engage a construction
12manager during the design process to provide input on the design.
13During the design phase, the construction manager provides advice
14including, but not limited to, scheduling, pricing, and phasing to
15assist the agency to design a more constructible project.
16(c) The Legislature finds and declares that utilizing a
17Construction Manager/General Contractor method requires a clear
18understanding of the roles and
responsibilities of each participant
19in the process. The Legislature also finds and declares that
20cost-effective benefits are achieved by shifting the liability and
21risk for cost containment and project schedule to the construction
22manager and by permitting the coherent phasing of projects into
23discrete contract increments.
For purposes of this chapter, the following definitions
25apply:
26(a) “Construction manager” means a partnership, corporation,
27or other legal entity that is able to provide appropriately licensed
28contracting and engineering services as needed pursuant to a
29Construction Manager/General Contractor method contract.
P3 1(b) “Construction Manager/General Contractor method” means
2a project delivery method in which a construction manager is
3procured to provide preconstruction services during the design
4phase of the project and construction services during the
5construction phase of the project. The contract for construction
6services may be entered into at
the same time as the contract for
7preconstruction services, or at a later time. The execution of the
8design and the construction of the project may be in sequential
9phases or concurrent phases.
10(c) “Preconstruction services” means advice during the design
11phase, including, but not limited to, scheduling, pricing, and
12phasing to assist the regional transportation agency to design a
13more constructible project.
14(d) “Project” means the construction of a highway, bridge, or
15tunnel.
16(e) “Regional transportation agency” means an entity as
17designated pursuant to paragraph (4) of subdivision (i) of Section
186820.
(a) A regional transportation agency may utilize the
20Construction Manager/General Contractor method of procurement
21to design and construct projects on expressways that are not on
22the state highway system if the projects are developed in
23accordance with an expenditure plan approved by voters as of
24January 1, 2014.
25(b) The entity responsible for the maintenance of the local streets
26and roads within the jurisdiction of the expressway shall be
27responsible for the maintenance of the expressway.
(a) Construction Manager/General Contractor method
29projects shall progress as set forth in subdivision (a) of Section
306703, except that any references to “department” shall mean the
31regional transportation agency.
32(b) For each request for qualifications (RFQ), the regional
33transportation agency shall generate a final list of qualified persons
34or firms that participated in the RFQ prior to entering into
35negotiations on the contract or contracts to which the RFQ applies.
36(c) (1) For each contract included in the RFQ, the regional
37transportation agency shall enter into separate negotiations for the
38contract with the highest qualified person or firm on the final
list
39for that contract. However, if the RFQ is for multiple contracts
40and specifies that all of the multiple contracts will be awarded to
P4 1a single construction manager, there may be a single negotiation
2for all of the multiple contracts. The negotiations shall include
3consideration of compensation and other contract terms that the
4regional transportation agency determines to be fair and reasonable
5to the department. In making this decision, the regional
6transportation agency shall take into account the estimated value,
7the scope, the complexity, and the nature of the professional
8services or construction services to be rendered. If the regional
9transportation agency is not able to negotiate a satisfactory contract
10with the highest qualified person or firm on the final list, regarding
11compensation and on other contract terms the regional
12transportation agency determines to be fair and reasonable, the
13regional transportation agency shall formally terminate negotiations
14with that person or firm. The regional
transportation agency may
15undertake negotiations with the next most qualified person or firm
16on the final list in sequence until an agreement is reached or a
17determination is made to reject all persons or firms on the final
18list.
19(2) If a contract for construction services is entered into pursuant
20to this chapter and includes preconstruction services by the
21construction manager, the regional transportation agency shall
22enter into a written contract with the construction manager for
23preconstruction services under which contract the regional
24transportation agency shall pay the construction manager a fee for
25preconstruction services in an amount agreed upon by the regional
26transportation agency and the construction manager. The
27preconstruction services contract may include fees for services to
28be performed during the contract period provided, however, the
29regional transportation agency shall not request or obtain a fixed
30price or a guaranteed
maximum price for the construction contract
31from the construction manager or enter into a construction contract
32with the construction manager until after the regional transportation
33agency has entered into a services contract. A preconstruction
34services contract shall provide for the subsequent negotiation for
35construction of all or any discreet phase or phases of the project.
36(3) A contract for construction services shall be awarded after
37the plans have been sufficiently developed and either a fixed price
38or a guaranteed maximum price has been successfully negotiated.
39In the event that a fixed price or a guaranteed maximum price is
P5 1not negotiated, the regional transportation agency shall not award
2the contract for construction services.
3(4) The regional transportation agency is not required to award
4the construction services contract.
5(5) Construction shall not commence on any phase, package,
6or element until the regional transportation agency and construction
7manager agree in writing on either a fixed price that the regional
8transportation agency will pay for the construction to be
9commenced or a guaranteed maximum price for the construction
10to be commenced and construction schedule for the project. The
11construction manager shall perform not less than 30 percent of the
12work covered by the fixed price or guaranteed maximum price
13agreement reached. Work that is not performed directly by the
14construction manager shall be bid to subcontractors pursuant to
15Section 6705, except that any references to “department” shall
16mean the regional transportation agency.
Contracts awarded pursuant to this chapter shall be valid
18until the project is completed.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.
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