Amended in Senate August 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, Chiu. Construction Manager/General Contractor method: regional transportation begin delete agencies: ramps. end delete begin insert agency: County of Placer: bridges. end insert

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 begin delete regional transportation agencies also to use this authority on ramps that are not on the state highway system, as specified. end delete begin insert the use of the Construction Manager/General Contractor method for the construction of 2 specified bridges that are not on the state highway system. For the purposes only of this authorization, the bill would include the County of Placer within the definition of a regional transportation agency. end insert The bill would also remove the requirement that begin delete the end delete begin insert a end insert project be developed in accordance with an expenditure plan approved by voters.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Placer and the City and County of San Francisco.

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

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

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begin insert SECTION 1. end insert   

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(a) The Legislature finds and declares that the
County of Placer should be considered a transportation planning
agency for the purposes of this Chapter 6.7 (commencing with
Section 6970) of Part 1 of Division 2 of the Public Contract Code
in order to effectuate the construction of a replacement bridge
span using Construction Manager/General Contractor authority.
The Federal Highway Administration had authorized full funding
for the replacement of the county-owned and maintained Yankee
Jims Road Bridge Project in the County of Placer and has
encouraged the use of Construction Manager/General Contractor
methods to complete this project. The geography, topography, and
location of the bridge present many potential complex challenges,
and the Construction Manager/General Contractor could reduce
delays and ensure that such challenges are fully understood at the
outset of construction.

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(b) Nothing in this act shall extend any other authority to the
County of Placer as a transportation planning agency under any
other law.

end insert

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

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.

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(d) “Project” means the construction of an expressway or ramp
that is not on the state highway system.

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(d) “Project” means either of the following:

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(1) The construction of an expressway that is not on the state
highway system.

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(2) The construction of the following bridges that are not on
the state highway system:

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(A) Yerba Buena Island (YBI) West Side Bridges Seismic Retrofit
Project.

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(B) Yankee Jims Road Bridge Project in the County of Placer
(Replacement/Rehabilitation).

end insert

(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.

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(7) The County of Placer.

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begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

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 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.

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begin insert SEC. 4. end insert   

end insert begin insert

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances regarding bridge
transportation construction projects in the County of Placer and
the City and County of San Francisco.

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