Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2021

Introduced by Assembly Member Gordon

February 20, 2014

An act to amend Section begin delete 103399 end delete begin insert 103396 end insert of the Public Utilities Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2021, as amended, Gordon. San Mateo County Transit District.

Existing law creates the San Mateo County Transit District with various powers and duties relative to transportation projects and services in the County of San Mateo. Existing law authorizes the district to utilize the Construction Manager/General Contractor project delivery contract method for transit projects within its jurisdiction, subject to certain conditions and requirements. Existing law requires begin delete a progress report to be prepared for the district’s board of directors upon the completion of a project using this project delivery method, which report is also required to be made available on the district’s Internet Web site end delete begin insert the district to comply with certain prevailing wage requirements with respect to that contract method, which requirements are monitored and enforced by the Department of Industrial Relations, or alternatively to elect to enter into a collective bargaining agreement that binds all of the contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages end insert .

This bill would begin delete require the report to be presented at a public meeting of the board of directors end delete begin insert additionally authorize the district to meet its obligations under this provision by continuing to operate an existing previously approved labor compliance program, subject to approval of the Department of Industrial Relations, as specified end insert .

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 103396 of the end insert begin insert Public Utilities Code end insert begin insert is
amended to read: end insert

103396.  

(a) Except as specified in subdivision (b), the district
shall comply with subdivision (f) of Section 1771.5 of the Labor
Code and shall reimburse the Department of Industrial Relations
for its reasonable and directly related costs of performing prevailing
wage monitoring and enforcement on public works projects
pursuant to rates established by the department as set forth in
subdivision (h) of Section 1771.5 of the Labor Code on projects
using the CMGC project delivery method under this article. All
moneys collected pursuant to this subdivision shall be deposited
in the State Public Works Enforcement Fund, created by Section
1771.3 of the Labor Code, and shall be used only for enforcement
of prevailing wage requirements on those projects.

(b) In lieu of complying with subdivision (a), the district may
begin insert either end insert elect to begin insert continue operating an existing previously approved
labor compliance program to monitor and enforce prevailing wage
requirements on the project if it requests and receives approval
from the Department of Industrial Relations to continue the existing
program or end insert enter into a collective bargaining agreement that binds
all of the contractors performing work on the project and that
includes a mechanism for resolving disputes about the payment
of wages.

begin delete

SECTION 1.  

Section 103399 of the Public Utilities Code is
amended to read:

103399.  

(a) Upon completion of a project using the CMGC
project delivery method, the district shall prepare a progress report
to the board of directors. The progress report shall include, but
shall not be limited to, all of the following information:

(1) A description of the project.

(2) The entity that was awarded the project.

(3) The estimated and actual costs of the project.

(4) The estimated and actual schedule for project completion.

(5) A description of any written protests concerning any aspect
of the solicitation, bid, proposal, or award of the project, including,
but not limited to, the resolution of the protests.

(6) An assessment of the prequalification process and criteria
utilized under this article.

(7) A description of the method used to evaluate the bid or
proposal, including the weighting of each factor and an assessment
of the impact of this requirement on a project.

(8) A description of any challenges or unexpected problems
that arose during the construction of the project and a description
of the solutions that were considered and ultimately implemented
to address those challenges and problems.

(9) Recommendations to improve the CMCG project delivery
method authorized under this article.

(b) The progress report shall be made available on the district’s
Internet Web site and shall be presented at a public meeting of the
board of directors.

end delete