AB 2126, as introduced, Mullin. Public contracts: Construction Manager/General Contractor contracts.
Existing law authorizes the Department of Transportation to use the Construction Manager/General Contractor method on no more than 6 projects, and requires 4 out of the 6 projects to use department employees or consultants under contract with the department to perform all project design and engineering services, as specified. Existing law requires specified information provided to the department pursuant to these provisions to be verified under oath.
This bill would authorize the department to use this method on 12 projects and would require 8 out of the 12 projects to use department employees or consultants under contract with the department to perform all project design and engineering services. By expanding this authorization, the bill would expand the scope of the crime of perjury, thus imposing 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 6701 of the Public Contract Code is
2amended to read:
(a) The Construction Manager/General Contractor
4method provided by this chapter may be used by the department,
5but is not limited to, when it is anticipated that it will reduce project
6costs or expedite project completion in a manner that is not
7achievable through the design-bid-build method. Notwithstanding
8any other law, for projects utilizing the Construction
9Manager/General Contractor method provided by this chapter, the
10department shall advertise, award, and administer the Construction
11Manager/General Contractor contract. The department shall not
12delegate the contracting authority.
13(b) The department may use the Construction Manager/General
14Contractor method on no more thanbegin delete sixend deletebegin insert
12end insert projects, at leastbegin delete fiveend delete
15begin insert 10end insert of which shall have construction costs greater than ten million
16dollars ($10,000,000).
17(c) On at leastbegin delete fourend deletebegin insert eightend insert of the projects utilizing the
18Construction Manager/General Contractor method provided by
19this chapter, the department shall use department employees or
20consultants under contract with the department to perform all
21project design and engineering services related to design required
22for Construction Manager/General Contractor project delivery
23consistent with Article XXII of the California
Constitution. On all
24begin delete sixend deletebegin insert
12end insert projects, the department shall use department employees or
25consultants under contract with the department to perform all
26construction inspection services required for Construction
27Manager/General Contractor project delivery consistent with
28Article XXII of the California Constitution. Department resources,
29including personnel requirements, necessary to perform all services
30described in this subdivision shall be included in the department’s
31capital outlay support program for workload purposes in the annual
32Budget Act.
33(d) (1) The department shall prepare and submit to the
34Legislature, no later than July 1 of each year during which any
35project using the Construction Manager/General Contractor method
P3 1is ongoing, a report that describes each project and provides
2relevant data, including, but not limited to, the stage of completion,
3district, cost, description, status, and estimated time
to completion.
4(2) The department shall prepare and submit to the Legislature,
5no later than July 1 of the year after any project using the
6Construction Manager/General Contractor method has been
7completed, a report that includes, in addition to the data in
8paragraph (1), all of the following:
9(A) Data on initial cost estimates, actual cost upon completion,
10and the reasons for any difference.
11(B) Estimated time for completion, actual time of completion,
12and the reasons for any difference.
13(C) The number and dollar value of any change orders for all
14projects completed using the Construction Manager/General
15Contractor method.
16(e) (1) A report to be submitted pursuant to
subdivision (d)
17shall be submitted in compliance with Section 9795 of the
18Government Code.
19(2) Notwithstanding Section 10231.5 of the Government Code,
20the requirement for submitting a report imposed under subdivision
21(d) is inoperative on July 1 of the year following the submission
22of the final report upon completion of the fourth project of the
23department that uses the Construction Manager/General Contractor
24method.
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.
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