BILL NUMBER: AB 1171 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Member Linder
FEBRUARY 27, 2015
An act to add Chapter 6.7 (commencing with Section 6970) to Part 1
of Division 2 of the Public Contract Code, relating to public
contracts.
LEGISLATIVE COUNSEL'S DIGEST
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 expressways
are developed in accordance with an expenditure plan approved
by voters as of January 1, 2014. 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. 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:
SECTION 1. Chapter 6.7 (commencing with Section 6970) is added to
Part 1 of Division 2 of the Public Contract Code, to read:
CHAPTER 6.7. CONSTRUCTION MANAGER/GENERAL CONTRACTOR METHOD:
REGIONAL PROJECTS ON EXPRESSWAYS
6970. (a) This chapter provides for an alternative procurement
procedure for certain transportation projects performed by a regional
transportation agency.
(b) The Construction Manager/General Contractor method allows the
regional transportation agency 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
agency to design a more constructible project.
(c) The Legislature finds and declares that utilizing a
Construction Manager/General Contractor method requires a clear
understanding of the roles and responsibilities of each participant
in the process. The Legislature also finds and declares that
cost-effective benefits are achieved by shifting the liability and
risk for cost containment and project schedule to the construction
manager and by permitting the coherent phasing of projects into
discrete contract increments.
6971. For purposes of this chapter, the following definitions
apply:
(a) "Construction manager" means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting and engineering services as needed pursuant to a
Construction Manager/General Contractor method contract.
(b) "Construction Manager/General Contractor method" means a
project delivery method in which a construction manager is procured
to provide preconstruction services during the design phase of the
project and construction services during the construction phase of
the project. The contract for construction services may be entered
into at the same time as the contract for preconstruction services,
or at a later time. The execution of the design and the construction
of the project may be in sequential phases or concurrent phases.
(c) "Interfacing with the state highway system" has the same
definition as that term is defined in Section 6820.
(d)
(c) "Preconstruction services" means advice during the
design phase, including, but not limited to, scheduling, pricing, and
phasing to assist the regional transportation agency to design a
more constructible project.
(e)
(d) "Project" means the construction of an expressway
that is not on the state highway system, including work
performed within the state highway right-of-way or airspace or upon
property and airspace acquired for construction of a state highway.
system.
(f)
(e) "Regional transportation agency" means an entity as
designated pursuant to paragraph (4) of subdivision (i) of Section
6820.
6972. (a) A regional transportation agency may utilize the
Construction Manager/General Contractor method of procurement to
design and construct projects if the projects are developed in
accordance with an expenditure plan approved by voters as of January
1, 2014.
(b) The entity responsible for the maintenance of the local
streets and roads within the jurisdiction of the expressway shall be
responsible for the maintenance of the expressway.
(c) For any project interfacing with the state highway system,
both of the following shall apply:
(1) The authorization in subdivision (a) shall not include the
authority to perform construction inspection services, which shall be
performed by the Department of Transportation consistent with
Section 91.2 of the Streets and Highways Code.
(2) The regional transportation authority and the Department of
Transportation shall enter into a cooperative agreement reflecting
the roles and responsibilities assigned by law. The cooperative
agreement shall also include an issue resolution process with a
primary objective to ensure the project stays on schedule and issues
between parties are resolved in a timely manner.
6973. Construction Manager/General Contractor method projects
authorized pursuant to Section 6972 shall be governed by the same
process, procedures, and requirements as set forth in Section 6703,
subdivision (a) of Section 6704, and Sections 6705 to 6708,
inclusive, except that any reference to "department" shall mean the
regional transportation agency.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.