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 expressways that are not on the state highway systembegin delete ifend deletebegin insert
if: (1)end insert the expressways are developed in accordance with an expenditure plan approved bybegin delete voters as of January 1, 2014.end deletebegin insert voters, (2) there is an evaluation of the traditional design-bid-build method of construction and of the Construction Manager/General Contractor method, and (3) the board of the regional transportation agency adopts the method in a public meeting. The bill would require the regional transportation agency to provide a report, containing specified information, to its governing body upon completion of a project using the Construction Manager/General Contractor method.end insert 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
P3 1risk for cost containment and project schedule to the construction
2manager and by permitting the coherent phasing of projects into
3discrete contract increments.
For purposes of this chapter, the following definitions
5apply:
6(a) “Construction manager” means a partnership, corporation,
7or other legal entity that is able to provide appropriately licensed
8contracting and engineering services as needed pursuant to a
9Construction Manager/General Contractor method contract.
10(b) “Construction Manager/General Contractor method” means
11a project delivery method in which a construction manager is
12procured to provide preconstruction services during the design
13phase of the project and construction services during the
14construction phase of the
project. The contract for construction
15services may be entered into at the same time as the contract for
16preconstruction services, or at a later time. The execution of the
17design and the construction of the project may be in sequential
18phases or concurrent phases.
19(c) “Preconstruction services” means advice during the design
20phase, including, but not limited to, scheduling, pricing, and
21phasing to assist the regional transportation agency to design a
22more constructible project.
23(d) “Project” means the construction of an expressway that is
24not on the state highway system.
25(e) “Regional transportation
agency” meansbegin delete an entity as begin insert any of the following:end insert
26designated pursuant to paragraph (4) of subdivision (i) of Section
276820.end delete
28(1) A transportation planning agency described in Section 29532
29or 29532.1 of the Government Code.
30(2) A county transportation commission established under
31Section 130050, 130050.1, or 130050.2 of the Public Utilities
32Code.
33(3) Any other local or regional transportation entity that is
34designated by statute as a regional transportation agency.
35(4) A joint exercise of powers authority established pursuant to
36Chapter 5 (commencing with Section 6500) of Division 7 of Title
371 of the Government Code, with the consent of a transportation
38planning agency or a county transportation commission for the
39jurisdiction in which the transportation project will be developed.
P4 1(5) A local transportation authority created or designated
2pursuant to Division 12.5 (commencing with Section 131000) or
3Division 19 (commencing with Section 180000) of the Public
4Utilities Code.
5(6) The Santa Clara Valley Transportation Authority established
6pursuant to Part 12 (commencing with Section 100000) of Division
710 of the Public Utilities Code.
(a) A regional transportation agency may utilize the
9Construction Manager/General Contractor method of procurement
10to design and construct projects if the projects are developed in
11accordance with an expenditure plan approved bybegin delete voters as of begin insert voters.end insert
12January 1, 2014.end delete
13(b) A regional transportation agency may enter into a
14Construction Manager/General Contractor contract pursuant to
15this chapter after evaluation of the traditional
design-bid-build
16method of construction and of the Construction Manager/General
17Contractor method and the board of the regional transportation
18agency affirmatively adopts the procurement strategy in a public
19meeting.
35 20(b)
end delete
21begin insert(c)end insert The entity responsible for the maintenance of the local streets
22and roads within the jurisdiction of the expressway shall be
23responsible for the maintenance of the expressway.
Construction Manager/General Contractor method
25projects authorized pursuant to Section 6972 shall be governed by
26the same process, procedures, and requirements as set forth in
27Section 6703, subdivision (a) of Section 6704, and Sections 6705
28to 6708, inclusive, except that any reference to “department” shall
29mean the regional transportation agency.
(a) Upon completion of a project using the Construction
31Manager/General Contractor method, the regional transportation
32agency shall prepare a progress report to its governing body. The
33progress report shall include, but not be limited to, all of the
34following information:
35(1) A description of the project.
36(2) The name of the entity that was awarded the project.
37(3) The estimated and actual costs of the project.
38(4) The estimated and actual schedule for project completion.
P5 1(5) A
description of any written protests concerning any aspect
2of the solicitation, bid, proposal, or award of the project, including,
3but not limited to, the resolution of the protests.
4(6) An assessment of the prequalification process and criteria
5required by this chapter.
6(7) A description of the method used to evaluate the bid or
7proposal, including the weighting of each factor and an assessment
8of the impact of this requirement on a project.
9(8) A description of any challenges or unexpected problems that
10arose during the construction of the project and a description of
11the solutions that were considered and ultimately implemented to
12address those challenges and problems.
13(9) Recommendations to improve the Construction
14Manager/General Contractor method
authorized by this chapter.
15(b) The progress report shall be made available on the regional
16transportation agency’s Internet Web site.
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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