BILL NUMBER: AB 2374	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 6971 of the Public Contract Code is amended to
read:
   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  or ramp
 that is not on the state highway system.
   (e) "Regional transportation agency" means 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.
  SEC. 2.  Section 6972 of the Public Contract Code is amended to
read:
   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. 
 pursuant to this section. 
   (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.
   (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.