BILL NUMBER: AB 2374 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2016
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 agencies: ramps.
agency: County of Placer: bridges.
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 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. The bill would also remove the requirement that
the a project be developed in
accordance with an expenditure plan approved by voters.
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.
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. (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.
(b) Nothing in this act shall extend any other authority to the
County of Placer as a transportation planning agency under any other
law.
SECTION 1. SEC. 2. 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.
(d) "Project" means either of the following:
(1) The construction of an expressway that is not on the state
highway system.
(2) The construction of the following bridges that are not on the
state highway system:
(A) Yerba Buena Island (YBI) West Side Bridges Seismic Retrofit
Project.
(B) Yankee Jims Road Bridge Project in the County of Placer
(Replacement/Rehabilitation).
(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.
(7) The County of Placer.
SEC. 2. SEC. 3. 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.
SEC. 4. 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.