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 certainbegin delete projects onend delete expressways that are not on the state highway system
if thebegin delete projectsend deletebegin insert expresswaysend insert are developed in accordance with an expenditure plan approved by voters as of January 1, 2014.begin delete This 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 delete The bill would require specified information provided to a regional transportation agency to be verified under oath. By expanding the scope of the existing crime of perjury, 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:
P3 1(a) “Construction manager” means a partnership, corporation,
2or other legal entity that is able to provide appropriately licensed
3contracting and engineering services as needed pursuant to a
4Construction Manager/General Contractor method contract.
5(b) “Construction Manager/General Contractor method” means
6a project delivery method in which a construction manager is
7procured to provide preconstruction services during the design
8phase of the project and construction services during the
9construction phase of
the project. The contract for construction
10services may be entered into at the same time as the contract for
11preconstruction services, or at a later time. The execution of the
12design and the construction of the project may be in sequential
13phases or concurrent phases.
14(c) “Interfacing with the state highway system” has the same
15definition as that term is defined in Section 6820.
16(d)
end delete
17begin insert(c)end insert “Preconstruction services” means advice during the design
18phase, including, but
not limited to, scheduling, pricing, and
19phasing to assist the regional transportation agency to design a
20more constructible project.
21(e)
end delete
22begin insert(d)end insert “Project” means the construction of an expressway that is
23not on the state highwaybegin delete system, including work performed within
24the state highway right-of-way
or airspace or upon property and
25airspace acquired for construction of a state highway.end delete
26(f)
end delete
27begin insert(e)end insert “Regional transportation agency” means an entity as
28designated pursuant to paragraph (4) of subdivision (i) of Section
296820.
(a) A regional transportation agency may utilize the
31Construction Manager/General Contractor method of procurement
32to design and construct projects if the projects are developed in
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 reflecting
7the roles and responsibilities assigned by law. The cooperative
8agreement shall also include an issue resolution process with a
9primary objective to ensure the project stays on schedule and issues
10between parties are resolved in a timely manner.
Construction Manager/General Contractor method
12projects authorized pursuant to Section 6972 shall be governed by
13the same process, procedures, and requirements as set forth in
14Section 6703, subdivision (a) of Section 6704, and Sections 6705
15to 6708, inclusive, except that any reference to “department” shall
16mean the regional transportation agency.
No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.
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