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AB-1523 San Bernardino County Transportation Authority: design-build.(2017-2018)

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Date Published: 05/01/2017 09:00 PM
AB1523:v97#DOCUMENT

Revised  May 24, 2017
Amended  IN  Assembly  May 01, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1523


Introduced by Assembly Member Obernolte Members Obernolte and Reyes

February 17, 2017


An act to amend Section 22161 of the Public Contract add Sections 130828 and 130828.1 to the Public Utilities Code, relating to local public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1523, as amended, Obernolte. Local agencies: contracts: design-build projects. San Bernardino County Transportation Authority: design-build.
The County Transportation Commissions Act provides for the creation of county transportation commissions in specific counties, with various powers and duties relative to transportation planning and funding, as specified.
The San Bernardino County Transportation Authority Consolidation Act of 2017, within the County Transportation Commissions Act, creates the San Bernardino County Transportation Authority (SBCTA). The SBCTA is subject to the contracting provisions of the County Transportation Commissions Act, including the requirement that the SBCTA purchase of all supplies, equipment, and materials, and the construction of all facilities and works, in excess of $25,000, be by contract let to the lowest responsible bidder.
Existing law, until January 1, 2025, authorizes local agencies to use the design-build procurement contracting process for public works projects. Existing law defines “local agency” as cities and counties, certain special districts relating to wastewater, solid waste, water recycling, and fire protection facilities, various governmental entities responsible for the construction of transit projects, and the San Diego Association of Governments. Existing law defines “project” specifically for each described category of local agency. Existing law defines “project” for cities and counties to mean the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but excludes the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. Existing law defines “project” for transit entities to mean a transit capital project that begins a project solicitation on or after January 1, 2015, and excludes state highway construction or local street and road projects.

This bill would modify the design-build procurement authorization for entities responsible for the construction of transit projects to also apply to entities responsible for the construction of transportation projects. The bill, for cities and counties, would include local streets and roads among those projects eligible for the design-build procurement process. The bill, for entities responsible for the construction of transportation projects, would include the construction of local street and road projects among those projects eligible for the design-build procurement process.

This bill would authorize the SBCTA, upon approval of its board of directors, to use the design-build contracting process for local agencies to award a contract for the construction of the Mt. Vernon Avenue Viaduct project in the City of San Bernardino (the project).
Existing law requires specified information submitted by a design-build entity, as defined, in the design-build procurement process to be certified under penalty of perjury.
By expanding the design-build authorization of cities and counties and entities responsible for the construction of transportation projects to additional development projects, authorizing SBCTA to use design-build for the project, the bill would expand the scope of the crime of perjury and would thus impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the project.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 130828 is added to the Public Utilities Code, to read:

130828.
 (a) Notwithstanding Section 130232, the authority, upon approval of the board of directors, may use the design-build contracting process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to award a contract for the construction of the Mt. Vernon Avenue Viaduct project in the City of San Bernardino.
(b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the authority and its board of directors.

SEC. 2.

 Section 130828.1 is added to the Public Utilities Code, to read:

130828.1.
 The following applies to Section 130828:
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special circumstances surrounding the Mt. Vernon Avenue Viaduct project of the San Bernardino County Transportation Authority and the need to immediately, quickly, and efficiently develop the project.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 22161 of the Public Contract Code is amended to read:
22161.

For purposes of this chapter, the following definitions apply:

(a)“Best value” means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors.

(b)“Construction subcontract” means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.

(c)“Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity.

(d)“Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.

(e)“Design-build team” means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.

(f)“Local agency” means the following:

(1)A city, county, or city and county.

(2)A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities.

(3)Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit or transportation projects.

(4)The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code).

(g)(1)For a local agency defined in paragraph (1) of subdivision (f), “project” means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, local streets and roads, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, state highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, “project” also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities.

(2)For a local agency defined in paragraph (2) of subdivision (f), “project” means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities.

(3)For a local agency defined in paragraph (3) of subdivision (f), “project” means a transit capital project or local street and road project that begins a project solicitation on or after January 1, 2015. A “project,” as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. “Project,” as defined by this paragraph, does not include state highway construction.

(4)For a local agency defined in paragraph (4) of subdivision (f), “project” has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

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