Metropolitan Water District of Southern California: alternative project delivery methods.

Existing law generally sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by local agencies for public works contracts. Existing law authorizes certain entities, including the Department of General Services, the Military Department, the Department of Corrections and Rehabilitation, and specified local agencies, to use the design-build procurement process, as prescribed, for specified public works. This bill would authorize the Metropolitan Water District of Southern California to use the design-build procurement process for certain regional recycled water projects or other water infrastructure projects. The bill would define "design-build" to mean a project delivery process in which both the design and construction of a project are procured from a single entity. The bill would require the district to use a specified design-build procedure to assign contracts for the design and construction of a project, as defined. Existing law authorizes the Director of General Services to use the progressive design-build procurement process for certain public works projects. This bill would authorize the Metropolitan Water District of Southern California to use the progressive design-build procurement process for regional recycled water projects or other water infrastructure projects under specified conditions. The bill would define "progressive design-build" to mean a project delivery process in which both the design and construction of a project are procured from a single design-build entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. The bill would require a progressive design-build contract be awarded on a best value or qualifications basis or to the lowest responsible bidder. The bill would require the district, if using this process, to prepare and issue a request for qualifications in order to select a design-build entity based on certain factors. Existing law authorizes certain entities, including the Department of Transportation, the Department of Water Resources, regional transportation agencies, and the San Diego Association of Governments, to engage in a Construction Manager/General Contractor project delivery method (CM/GC method) for specified public work projects. This bill would authorize the Metropolitan Water District of Southern California to utilize the CM/GC method for regional recycled water projects or other water infrastructure projects under specified conditions. The bill would define the CM/GC method generally as 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, whereby construction services may be entered into at the same time as the contract for preconstruction services or at a later time. The bill would require a CM/GC method contract be awarded on a best value or qualifications basis or to the lowest responsible bidder. The bill would specify the procedure for CM/GC projects, including, among other things, requiring the district to select a construction manager through a request for qualifications, as prescribed. The bill would permit the use of alternative project delivery methods on no more than 15 capital outlay projects. The bill would also prohibit a design-build entity, construction manager, or construction contractor from being awarded a construction contract unless it provides an enforceable commitment to the district that the design-build entity, construction manager, or construction contractor and its subcontractors at every tier will use a skilled and trained workforce to perform project work applicable to certain apprenticeable occupations in the building and construction trades, in accordance with existing law, and subject to certain exceptions. By expanding the application of the crime of perjury for a violation of certain certification and skilled and trained workforce requirements, the bill would impose a state-mandated local program. The bill would require the district to submit to the relevant committees of the Legislature, on or before January 1, 2027, a report containing a description of each public works project procured by the district through the progressive design-build process that is completed after January 1, 2023, and before December 1, 2026, and a report containing a description of each CM/GC project approved through the processes described in these provisions, specified. The bill would make its provisions pertaining to the progressive design-build and CM/GC methods effective only until January 1, 2028. The bill would provide that its provisions pertaining to design-build remain in effect in accordance with a related provision governing local agency design-build projects, which is repealed on January 1, 2025. Existing law generally requires the board, when work is not performed by a district itself by force account and the amount involved is $25,000 or more, to provide for the letting of contracts to the lowest responsible bidder, after publication of notices inviting bids, and subject to the right of the board to reject proposals. This bill would create an exception to those provisions for the alternative project delivery methods authorized by this bill. The bill would make legislative findings and declarations as to the necessity of a special statute for the geographic area served by the Metropolitan Water District of Southern California. 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.