BILL NUMBER: AB 1171 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 19, 2015
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
expressways that are not on the state highway system if
if: (1) the expressways are developed in
accordance with an expenditure plan approved by voters as of
January 1, 2014. 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. 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) "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.
(d) "Project" means the construction of an expressway that is not
on the state highway system.
(e) "Regional transportation agency" means an entity as
designated pursuant to paragraph (4) of subdivision (i) of Section
6820. any of the following:
(1) A transportation planning agency described in Section 29532 or
29532.1 of the Government Code.
(2) A county transportation commission established under Section
130050, 130050.1, or 130050.2 of the Public Utilities Code.
(3) Any other local or regional transportation entity that is
designated by statute as a regional transportation agency.
(4) A joint exercise of powers authority established pursuant to
Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code, with the consent of a transportation planning
agency or a county transportation commission for the jurisdiction in
which the transportation project will be developed.
(5) A local transportation authority created or designated
pursuant to Division 12.5 (commencing with Section 131000) or
Division 19 (commencing with Section 180000) of the Public Utilities
Code.
(6) The Santa Clara Valley Transportation Authority established
pursuant to Part 12 (commencing with Section 100000) of Division 10
of the Public Utilities Code.
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. voters.
(b) A regional transportation agency may enter into a Construction
Manager/General Contractor contract pursuant to this chapter after
evaluation of the traditional design-bid-build method of construction
and of the Construction Manager/General Contractor method and the
board of the regional transportation agency affirmatively adopts the
procurement strategy in a public meeting.
(b)
(c) 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.
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.
6974. (a) Upon completion of a project using the Construction
Manager/General Contractor method, the regional transportation agency
shall prepare a progress report to its governing body. The progress
report shall include, but not be limited to, all of the following
information:
(1) A description of the project.
(2) The name of the entity that was awarded the project.
(3) The estimated and actual costs of the project.
(4) The estimated and actual schedule for project completion.
(5) A description of any written protests concerning any aspect of
the solicitation, bid, proposal, or award of the project, including,
but not limited to, the resolution of the protests.
(6) An assessment of the prequalification process and criteria
required by this chapter.
(7) A description of the method used to evaluate the bid or
proposal, including the weighting of each factor and an assessment of
the impact of this requirement on a project.
(8) A description of any challenges or unexpected problems that
arose during the construction of the project and a description of the
solutions that were considered and ultimately implemented to address
those challenges and problems.
(9) Recommendations to improve the Construction Manager/General
Contractor method authorized by this chapter.
(b) The progress report shall be made available on the regional
transportation agency's Internet Web site.
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.