BILL NUMBER: AB 3025 CHAPTERED 09/27/02 CHAPTER 965 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002 APPROVED BY GOVERNOR SEPTEMBER 26, 2002 PASSED THE ASSEMBLY AUGUST 28, 2002 PASSED THE SENATE AUGUST 27, 2002 AMENDED IN SENATE AUGUST 26, 2002 AMENDED IN SENATE JUNE 17, 2002 AMENDED IN ASSEMBLY APRIL 11, 2002 INTRODUCED BY Committee on Transportation (Dutra (Chair), Chu, Firebaugh, Kehoe, Liu, Longville, Nakano, Oropeza, Strom-Martin, and Vargas) (Coauthor: Assembly Member Steinberg) MARCH 7, 2002 An act to amend Section 10264 of the Public Contract Code, and to add Section 284 to the Streets and Highways Code, relating to public works, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 3025, Committee on Transportation. Public works: environmental enhancement projects. (1) Existing law declares the Legislature's intent to allocate $10,000,000 annually to the Environmental Enhancement and Mitigation Program Fund to be used for making grants to local, state, and federal agencies or to nonprofit entities to undertake environmental and mitigation projects relating to transportation facilities. Existing law requires the Department of Transportation to extend the completion date for specified mitigation projects to June 30, 2002. This bill would require the department to extend the completion date for the Ueda Parkway Off-Road Recreation and Environmental Enhancement Project and the Eastern Sierra Interagency Visitor Center Environmental Enhancement and Mitigation Project to June 30, 2007. The bill would require the department to extend the completion date for the Cambria Community Services District and Dry Creek Parkway projects to June 30, 2004. (2) The State Contract Act authorizes the Department of General Services to make partial payments for the mobilization costs of a contract subject to the act, not to exceed specified percentages of the original contract amount. This bill would revise the partial payment amounts and limits with respect to projects over water requiring marine access, and which have a contract amount greater than $25,000,000. (3) Existing law provides for creation of a system of California historic parkways that are part of the state highway system. This bill would designate a portion of State Highway Route 163 in San Diego County as a California historic parkway. (4) The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Department of Transportation shall extend the completion date to June 30, 2007, for the Environmental Enhancement and Mitigation Project for the Ueda Parkway Off-Road Recreation and Environmental Enhancement Project in the City of Sacramento (Project No. EEM-0099-52; Agreement No. 03-99-01). (b) The Department of Transportation shall extend the completion date to June 30, 2007, for the Eastern Sierra Interagency Visitor Center Environmental Enhancement and Mitigation Project in Lone Pine (Project No. EEM-099 (112)). (c) The Department of Transportation shall extend the completion date to June 30, 2004, for the Environmental Enhancement and Mitigation (EEM) Project for the Cambria Community Services District (Project No. 96-28). (d) The Department of Transportation shall extend the completion date to June 30, 2004, for the Dry Creek Parkway Environmental Enhancement and Mitigation (EEM) Project in the County of Sacramento (Project No. EEM 0099-027, Agreement No. 03-99-12). SEC. 2. Section 10264 of the Public Contract Code is amended to read: 10264. (a) With the exception of projects over water requiring marine access, and which have a contract amount greater than twenty-five million dollars ($25,000,000), in addition to the provisions for partial payment made in Section 10261, the department may make partial payments for the mobilization costs of a contract subject to this chapter, not to exceed the following: (1) When 5 percent of the original contract amount is earned, 50 percent of the amount bid for mobilization, or 5 percent of the original contract amount, whichever is lesser, may be paid. (2) When 10 percent of the original contract amount is earned, 75 percent of the amount bid for mobilization or 7.5 percent of the original contract amount, whichever is lesser, may be paid. (3) When 20 percent of the original contract amount is earned, 95 percent of the amount bid for mobilization, or 9.5 percent of the original contract amount, whichever is lesser, may be paid. (4) When 50 percent of the original contract amount is earned, 100 percent of the amount bid for mobilization, or 10 percent of the original contract amount, whichever is lesser, may be paid. (5) Upon completion of all work on the project, payment of any amount bid for mobilization in excess of 10 percent of the original contract amount will be paid. (b) For projects over water requiring marine access, and with a contract amount greater than twenty-five million dollars ($25,000,000), in addition to the provisions for partial payment made in Section 10261, the department may make partial payments for the mobilization costs of a contract subject to this chapter, not to exceed the following: (1) When 1 percent of the original contract amount is earned, 50 percent of the amount bid for mobilization, or 1 percent of the original contract amount, whichever is lesser, may be paid. (2) When 2.5 percent of the original contract amount is earned, 60 percent of the amount bid for mobilization, or 2.5 percent of the original contract amount, whichever is lesser, may be paid. (3) When 5 percent of the original contract amount is earned, 75 percent of the amount bid for mobilization, or 5 percent of the original contract amount, whichever is lesser, may be paid. (4) When 15 percent of the original contract amount is earned, 95 percent of the amount bid for mobilization, or 10 percent of the original contract amount, whichever is lesser, may be paid. (5) When 40 percent of the original contract amount is earned, 100 percent of the amount bid for mobilization, or 15 percent of the original contract amount, whichever is lesser, may be paid. (6) Upon completion of all work on the project, payment of any amount bid for mobilization in excess of 15 percent of the original contract amount shall be paid. This subdivision shall apply only to contracts that are advertised subsequent to the date that the act adding this subdivision becomes effective. SEC. 3. Section 284 is added to the Streets and Highways Code, to read: 284. That part of the California highway system frequently referred to as the Cabrillo Freeway, which is the segment of State Highway Route 163 between postmiles 0.5 and 3.0 through Balboa Park in the City of San Diego, is hereby designated a California Historic Parkway and is named the Cabrillo Parkway. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide an extension at the earliest date possible for the projects described by this act, to revise partial payment amounts and limits with respect to certain public contracts as quickly as possible, and to designate and name a parkway, it is necessary that the act take effect immediately.