AB 1171, as amended, 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. begin insertThis bill would require, for any project interfacing with a state highway system, the regional transportation agency and the Department of Transportation to enter into a cooperative agreement, as specified. end insertThe bill would require specified information provided to a regional transportation agency to be verified under oath. By expanding the scope ofbegin delete anend deletebegin insert theend insert existingbegin delete crime,end deletebegin insert crime of perjury,end insert 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
P3 1contracting and engineering services as needed pursuant to a
2Construction Manager/General Contractor method contract.
3(b) “Construction Manager/General Contractor method” means
4a project delivery method in which a construction manager is
5procured to provide preconstruction services during the design
6phase of the project and construction services during the
7construction phase of
the project. The contract for construction
8services may be entered into at the same time as the contract for
9preconstruction services, or at a later time. The execution of the
10design and the construction of the project may be in sequential
11phases or concurrent phases.
12(c) “Interfacing with the state highway system” has the same
13definition as that term is defined in Section 6820.
14(c)
end delete
15begin insert(d)end insert “Preconstruction
services” means advice during the design
16phase, including, but not limited to, scheduling, pricing, and
17phasing to assist the regional transportation agency to design a
18more constructible project.
19(d)
end delete
20begin insert(e)end insert “Project” means the construction ofbegin delete a highway, bridge, or begin insert an expressway that is not on the state highway system,
21tunnel.end delete
22including work performed within the state highway rightend insertbegin insert-of-way
23
or airspace or upon property and airspace acquired for
24construction of a state highway. end insert
25(e)
end delete
26begin insert(f)end insert “Regional transportation agency” means an entity as
27designated pursuant to paragraph (4) of subdivision (i) of Section
286820.
(a) A regional transportation agency may utilize the
30Construction Manager/General Contractor method of procurement
31to design and construct projectsbegin delete on expressways that are not on if the projects are developed in
32the state highway systemend delete
33accordance with an expenditure plan approved by voters as of
34January 1, 2014.
35(b) The entity responsible for the maintenance of the local streets
36and roads within the jurisdiction of the expressway shall be
37responsible for the maintenance of the expressway.
38(c) For any project interfacing with the state highway system,
39both of the following shall apply:
P4 1(1) The authorization in subdivision (a) shall not include the
2authority to perform construction inspection services, which shall
3be performed by the Department of Transportation consistent with
4Section 91.2 of the Streets and Highways Code.
5(2) The regional transportation authority and the Department
6
of Transportation shall enter into a cooperative agreement
7reflecting the roles and responsibilities assigned by law. The
8cooperative agreement shall also include an issue resolution
9process with a primary objective to ensure the project stays on
10schedule and issues between parties are resolved in a timely
11manner.
Construction Manager/General Contractor method
13projects authorized pursuant to Section 6972 shall be governed
14by the same process, procedures, and requirements as set forth in
15Section 6703, subdivision (a) of Section 6704, and Sections 6705
16to 6708, inclusive, except that any reference to “department” shall
17mean the regional transportation agency.
(a) Construction Manager/General Contractor method
19projects shall progress as set forth in subdivision (a) of Section
206703, except that any references to “department” shall mean the
21regional transportation agency.
22(b) For each request for qualifications (RFQ), the regional
23transportation agency shall generate a final list of qualified persons
24or firms that participated in the RFQ prior to entering into
25negotiations on the contract or contracts to which the RFQ applies.
26(c) (1) For each contract included in the RFQ, the regional
27transportation agency shall enter into separate negotiations for the
28contract with the highest qualified person or firm on the final
list
29for that contract. However, if the RFQ is for multiple contracts
30and specifies that all of the multiple contracts will be awarded to
31a single construction manager, there may be a single negotiation
32for all of the multiple contracts. The negotiations shall include
33consideration of compensation and other contract terms that the
34regional transportation agency determines to be fair and reasonable
35to the department. In making this decision, the regional
36transportation agency shall take into account the estimated value,
37the scope, the complexity, and the nature of the professional
38services or construction services to be rendered. If the regional
39transportation agency is not able to negotiate a satisfactory contract
40with the highest qualified person or firm on the final list, regarding
P5 1compensation and on other contract terms the regional
2transportation agency determines to be fair and reasonable, the
3regional transportation agency shall formally terminate negotiations
4with that person or firm. The regional
transportation agency may
5undertake negotiations with the next most qualified person or firm
6on the final list in sequence until an agreement is reached or a
7determination is made to reject all persons or firms on the final
8list.
9(2) If a contract for construction services is entered into pursuant
10to this chapter and includes preconstruction services by the
11construction manager, the regional transportation agency shall
12enter into a written contract with the construction manager for
13preconstruction services under which contract the regional
14transportation agency shall pay the construction manager a fee for
15preconstruction services in an amount agreed upon by the regional
16transportation agency and the construction manager. The
17preconstruction services contract may include fees for services to
18be performed during the contract period provided, however, the
19regional transportation agency shall not request or obtain a fixed
20price or a guaranteed
maximum price for the construction contract
21from the construction manager or enter into a construction contract
22with the construction manager until after the regional transportation
23agency has entered into a services contract. A preconstruction
24services contract shall provide for the subsequent negotiation for
25construction of all or any discreet phase or phases of the project.
26(3) A contract for construction services shall be awarded after
27the plans have been sufficiently developed and either a fixed price
28or a guaranteed maximum price has been successfully negotiated.
29In the event that a fixed price or a guaranteed maximum price is
30not negotiated, the regional transportation agency shall not award
31the contract for construction services.
32(4) The regional transportation agency is not required to award
33the construction services contract.
34(5) Construction shall not commence on any phase, package,
35or element until the regional transportation agency and construction
36manager agree in writing on either a fixed price that the regional
37transportation agency will pay for the construction to be
38commenced or a guaranteed maximum price for the construction
39to be commenced and construction schedule for the project. The
40construction manager shall perform not less than 30 percent of the
P6 1work covered by the fixed price or guaranteed maximum price
2agreement reached. Work that is not performed directly by the
3construction manager shall be bid to subcontractors pursuant to
4Section 6705, except that any references to “department” shall
5mean the regional transportation agency.
Contracts awarded pursuant to this chapter shall be valid
7until the project is completed.
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.
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