California Legislature—2015–16 Regular Session

Assembly BillNo. 2374


Introduced by Assembly Member Chiu

February 18, 2016


An act to amend Sections 6971 and 6972 of the Public Contract Code, relating to public contracts.

LEGISLATIVE COUNSEL’S DIGEST

AB 2374, as introduced, Chiu. Construction Manager/General Contractor method: regional transportation agencies: ramps.

Existing law authorizes 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: (1) the expressways are developed in accordance with an expenditure plan approved by 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.

This bill would authorize regional transportation agencies also to use this authority on ramps that are not on the state highway system, as specified. The bill would also remove the requirement that the project be developed in accordance with an expenditure plan approved by voters.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 6971 of the Public Contract Code is
2amended to read:

3

6971.  

For purposes of this chapter, the following definitions
4apply:

5(a) “Construction manager” means a partnership, corporation,
6or other legal entity that is able to provide appropriately licensed
7contracting and engineering services as needed pursuant to a
8Construction Manager/General Contractor method contract.

9(b) “Construction Manager/General Contractor method” means
10a project delivery method in which a construction manager is
11procured to provide preconstruction services during the design
12phase of the project and construction services during the
13construction phase of the project. The contract for construction
14services may be entered into at the same time as the contract for
15preconstruction services, or at a later time. The execution of the
16design and the construction of the project may be in sequential
17phases or concurrent phases.

18(c) “Preconstruction services” means advice during the design
19phase, including, but not limited to, scheduling, pricing, and
20phasing to assist the regional transportation agency to design a
21more constructible project.

22(d) “Project” means the construction of an expresswaybegin insert or rampend insert
23 that is not on the state highway system.

24(e) “Regional transportation agency” means any of the
25following:

26(1) A transportation planning agency described in Section 29532
27or 29532.1 of the Government Code.

28(2) A county transportation commission established under
29Section 130050, 130050.1, or 130050.2 of the Public Utilities
30Code.

31(3) Any other local or regional transportation entity that is
32designated by statute as a regional transportation agency.

33(4) A joint exercise of powers authority established pursuant to
34Chapter 5 (commencing with Section 6500) of Division 7 of Title
351 of the Government Code, with the consent of a transportation
36planning agency or a county transportation commission for the
37jurisdiction in which the transportation project will be developed.

P3    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.

8

SEC. 2.  

Section 6972 of the Public Contract Code is amended
9to read:

10

6972.  

(a) A regional transportation agency may utilize the
11Construction Manager/General Contractor method of procurement
12to design and construct projectsbegin delete if the projects are developed in
13accordance with an expenditure plan approved by voters.end delete
begin insert pursuant
14to this section.end insert

15(b) A regional transportation agency may enter into a
16Construction Manager/General Contractor contract pursuant to
17this chapter after evaluation of the traditional design-bid-build
18method of construction and of the Construction Manager/General
19Contractor method and the board of the regional transportation
20agency affirmatively adopts the procurement strategy in a public
21meeting.

22(c) The entity responsible for the maintenance of the local streets
23and roads within the jurisdiction of the expressway shall be
24responsible for the maintenance of the expressway.



O

    99